Line Item Veto Act of 1996: Heads-up from the States

This article reflects on the passage of the Line Item Veto Act of 1996 and the impact it is likely to have on the three branches of the federal government. It does this by reviewing the experiences of various states, thereby revealing the creative tactics that legislatures undertake to subvert governmental item-veto powers. In addition, it shows that the state courts, which are often ill-equipped to decide complex fiscal and procedural issues, have both diluted and strengthened item-veto powers. In the final analysis, the article questions the ability of the Act to increase public accountability.     

Kant's theory of punishment: Deterrence in its threat,retribution in its execution

Kant's theory of punishment is commonly regarded as purely retributive in nature, and indeed much of his discourse seems to support that interpretation. Still, it leaves one with certain misgivings regarding the internal consistency of his position. Perhaps the problem lies not in Kant's inconsistency nor in the senility sometimes claimed to be apparent in the Metaphysic of Morals, but rather in a superimposed, modern yet monistic view of punishment. Historical considerations tend to show that Kant was discussing not one, but rather two facets of punishment, each independent but nevertheless mutually restrictive. Punishment as a threat was intended to deter crime. It was a tool in the hands of civil society to counteract human drives toward violating another's rights. In its execution, however, the state was limited in its reaction by a retributive theory of justice demanding respect for the individual as an end and not as a means to some further social goal. This interpretation of Kant's theory of punishment maintains consistency from the earliest through the latest of his writings on moral, legal, and political philosophy. It provides a good reason for rejecting current economic analyses of crime and punishment. Most important of all, it credits Kant's theory in its clear recognition of the ideals intrinsic to libertarian government.     

The development and history of the poverty thresholds.

In recent years there has been renewed interest in the United States in the definition and measurement of poverty. In early 1992, the Committee on National Statistics of the National Academy of Sciences began a 30-month study requested by Congress that includes an examination of statistical issues involved in measuring and understanding poverty. Some 2 years earlier, in January 1990, the Administration had approved an initiative on improving the quality of economic statistics. The current poverty measure was one of several dozen statistical series examined as part of that initiative. In April 1990, Urban Institute economist Patricia Ruggles published a book that urged the revision of the poverty line to reflect changes in consumption patterns and changing concepts of what constitutes a minimally adequate standard of living. In July 1990, two private organizations concerned with the poor and the elderly issued a report reviewing current poverty measurement procedures and describing a Gallup poll in which a nationally representative sample of Americans set an average dollar figure for the poverty line that was higher than the current official poverty line. In view of these and other examples, it may be useful to reexamine the development and subsequent history of the current official poverty thresholds.     

Crimes of the State: The Persecution and Protection of Refugees

When refugees arrive at the borders and on the shores of the Global North they are increasingly criminalised and subject to a range of law and order type rhetoric and practices. This paper outlines an alternative criminological engagement with the condition of refugeehood that shifts the focus from the refugee to the practices of the state. First, it splices definitions of state crime with the highly legalistic refugee definition to offer alternative conceptualisations of persecution in the determination of who is accorded the legal status of refugee. Second, it applies state crime frameworks to the increasingly restrictive and punitive refugee policies of countries in the Global North. It concludes by locating theorisations of state crime within the broader project of reconceptualising notions of sovereignty.Sharon Pickering BA(Melb), MA(Soton), PhD(Melb) lectures in Criminal Justice and Criminology at Monash University Australia. She has worked with refugees and written on forced migration issues for the past five years including her recent book Refugees and State Crime (2005 Institute of Criminology Monograph Series/Federation Press).     

Run,Jane, Run! Gendered Responses to Political Party Recruitment

Many researchers point to gender inequities in party recruitment practices to explain women’s underrepresentation on the ballot. However, there has been little systematic research about how men and women respond to recruitment, so we do not know whether gender-balanced recruitment would actually lead to gender-balanced outcomes. We conduct two studies to address this question. First, in cooperation with a county Republican Party, we identically recruited 5510 male and 5506 female highly active party members to attend a free candidate training seminar. Republican women were half as likely to respond to the invitation as men. Second, we conducted a survey experiment of 3960 voters on the Utah Colleges Exit Poll. Republican men’s level of self-reported political ambition was increased by the prospect of elite recruitment significantly more than Republican women’s, thereby increasing the gender gap vis-à-vis the control. The gender gap in the effect of recruitment on political ambition among Democrats was much smaller. Together, these findings suggest that to fully understand the role recruitment plays in women’s underrepresentation, researchers must understand the ways in which men and women respond to recruitment, not just whether political elites engage in gendered recruitment practices.     

Large‐Scale Social Protest: A Business Risk and a Bureaucratic Opportunity

The public versus private nature of organizations influences their goals, processes, and employee values. However, existing studies have not analyzed whether and how the public nature of organizations shapes their responses to concrete social pressures. This article takes a first step toward addressing this gap by comparing the communication strategies of public organizations and businesses in response to large‐scale social protests. Specifically, we conceptualize, theorize, and empirically analyze the communication strategies of 100 organizations in response to large‐scale social protests that took place in Israel during 2011. We find that in response to these protests, public organizations tended to employ a “positive‐visibility” strategy, whereas businesses were inclined to keep a “low public profile.” We associate these different communication strategies with the relatively benign consequences of large‐scale social protests for public organizations compared with their high costs for businesses.     

Freeze-framing territory: time and its significance in land governance

This paper explores how temporal symbolism is used to construct land as an object of enduring value. Using anthropological and ethnographic sources, I highlight how different practices of landholding are informed by different understandings of “permanence”. I elaborate on how institutions of landholding employ “temporal signposts” to mark out land allocation and access arrangements over time. In conclusion, I explore the political roles of inter-temporal land governance, positing a link between codified “permanences” of landholding in land laws and the entrenchment of socio-spatial power. I suggest that the temporal dimension of land governance demands interrogation alongside the spatial.     

Commode Cardia—Death by Valsalva Maneuver: A Case Series

The Valsalva maneuver is used in clinical medicine for the diagnosis and/or treatment of various cardiovascular conditions. It can also be used in activities of daily living, such as defecation. Due to the cardiovascular effects produced during the Valsalva maneuver, it may be contraindicated in certain medical conditions and could be a trigger of sudden cardiac death. The incidence and prevalence of death following Valsalva maneuver in the presence of underlying cardiovascular disease, or “commode cardia,” has not been examined. In 2012, the Wayne County Medical Examiner's Office (Detroit, MI) investigated 21 deaths that occurred on the toilet, fourteen of which were due to cardiovascular disease. In another 31 deaths in the bathroom due to cardiovascular disease, the possibility that the decedent defecated immediately prior to death could not be excluded. Hence, the incidence of commode cardia in this population ranges from 2.3 to 7.4% of all cardiovascular‐related deaths.