The several costs of responding to the threat of terrorism

This paper describes several dimensions of the cost of the U.S. response to the threat of terrorism. Following an evaluation of the nature and magnitude of the threat of terrorism against the United States, the paper describes the restrictions on our civil liberties, the fiscal and other costs of the major homeland security measures, the fiscal cost of programs that make no contribution to the defense against terrorism but are rationalized on that ground, and the effects on our language and the potential for civil discourse of an extended defense against terrorism.     

The legislative recreation of RICO: Reinforcing the ``myth' of organized crime

This paper uses historical content analysis to examine the implementation ofthe Racketeer Influenced Corrupt Organizations Act (RICO). It is argued thatthe historical events leading to the definition of organized crime as an alienconspiracy still affect RICO's use some 30 years after its passage. This paper applies state-centered theory to the theoretical frameworks of sociology of knowledge and innovation diffusion. This approach is used to relate the current implementation and controversy of RICO to the alien conspiracy view. Thought of in this context, legal implementation is the result of a knowledge creation and diffusion process. This paper demonstrates how one knowledge diffusionprocess (the acceptance of organized crime as a national conspiracy in 1970) leads to a new knowledge diffusion process (the use of RICO).     

The New Antidemocrats

Democratization has lately received new rounds of criticism from antidemocrats on both the right and the left. As the prevalence of democracy throughout the world has surpassed that of dictatorship and other forms of undemocratic government, nostalgia for authoritarianism has blurred the realities of the depredations of dictatorship. Increasingly, the new antidemocrats suggest that the problems of democracy require nondemocratic solutions. But while all democracies will necessarily fall short of their ideal, the solution lies within democratic traditions. The challenge is to motivate future generations to improve on existing democracy, not to replace democratic structures with a system that is simpler, more comfortable, and less demanding of those who live under it.     

The sentencing reform act of 1984: A bold approach to the unwarranted sentencing disparity problem

Conclusion In 1984, after years of study and thorough debate, a bipartisan majority of the Congress enacted perhaps the most far-reaching reform of the federal criminal justice system in the history of the United States. The Sentencing Reform Act and the federal sentencing guidelines are now beginning to produce data indicating that the objectives of avoiding unwarranted disparity and invidious discrimination are being achieved.After an uncertain beginning, the guidelines are gaining acceptance by courts and criminal justice practitioners. As one appellate court observed in admonishing lower courts that the guidelines must be respected:We have embarked on a new course. Only time will tell whether the use of the guidelines will result in an improvement over the old system. But unless we follow the spirit and written directions of the guidelines, we will never know if they have been given a fair test. They at least deserve that.Indeed, the bold new approach to sentencing that is being followed today in federal courthouses throughout the United States deserves an opportunity to succeed, given its many beneficial features and the lofty goals toward which the reforms are directed. While ample work remains for the United States Sentencing Commission to monitor and improve the guidelines, indications at this still early date are that the experiment is succeeding.An earlier version of this paper was presented at the fifth conference of the Society for the Reform of Criminal Law, Parliament House, Edinburgh, Scotland, August 5–9, 1990. The views expressed herein are those of the authors and do not necessarily represent the official position of the United States Sentencing Commission.B.A., Davidson College 1964; J.D., University of South Carolina School of Law 1967.B.A., Ohio State University 1974; M.S., Arizona State University 1980; M.A., University of California, Santa Barbara, 1983.B.S., Clemson University 1971; M.S., Clemson University 1975; J.D., University of South Carolina School of Law 1978.     

Lawyers of the Right: Networks and Organization

Lawyers for conservative and libertarian causes are active in organizing and mobilizing interest groups within the conservative coalition, and networks of relationships among those lawyers help to maintain and shape the coalition. Using data gathered in interviews with seventy-two such lawyers, this article analyzes characteristics of the lawyers and the structure of their networks. The findings suggest that the networks are divided into segments or blocks that are identified with particular constituencies, but that a distinct set of actors with extensive relationships serves to bridge the constituencies. Measures of centrality and brokerage confirm the structural importance of these actors in the network, and a search of references in news media confirms their prominence or prestige. This "core" set of actors occupies the "structural hole" in the network that separates the business constituency from religious conservatives. Libertarians, located near the core of the network, also occupy an intermediate position. Regression analysis of ties within the network suggests that the Federalist Society plays an important role in bringing the lawyers together.     

Empire and Its Alternatives

The most ferocious debates are about whether the United States should be described as imperial, but in practice other countries also try to influence other countries’ domestic policies, to propagate their visions, to exert power and to stabilize areas beyond their borders that are perceived as a source of threats. While in the 1990s the winners of globalization were seen as small open states, since the turn of the millennium big powers appear to be gaining because of their ability to project political power: the United States, but also China, Russia, India, and Brazil. This makes for a greater instability and leads to the formulation of theories of realism or neo-realism. The essay concludes with an examination of alternatives to empire and the neo-imperial vision, in particular the importance of elaboration of common or shared values in helping to build a safer and more peaceful international order.