Communication law as a rhetorical practice: A case study of the Masses decision

This article discusses the ways in which rhetorical theory and critical practice can inform our understanding of communication law. By looking at some of the culturetypal and countercultural myths that went into the construction of America's free speech doctrines during and after World War I, critics can gain an appreciation of the polysemic nature of law. Using the commentaries surrounding Learned Hand's decision in the Masses case as a point of departure, the article illustrates how legal decisions can be viewed as discursive fragments that are a part of the broader rhetorical culture.     

Networking in the Penumbra: Public Management,Cooptative Links,and Distributional Consequences

ABSTRACT

Recently, some researchers have begun to emphasize that governance networks can have a “dark” side as well as a relatively benign one. This work thus far has mostly emphasized illegal and violent forms of action. But even networks that operate in accord with the law often include covert, or at minimum difficult-to-observe, ties and pathways of influence. Likewise, managers involved in networking engage in behavior that is only partially observable. They can use their discretion to shape network action in ways that are hard to discern—and therefore analyze. Research on such subjects is limited, and the practical results of such behavior can include lack of accountability as well as inequitable distribution of outputs and outcomes. This article shows that individual network nodes can work to bias the actions of the organization in ways that are likely to benefit the organization's more advantaged clientele. This study reports on tests for differential impacts of managerial interactions of and with various network partners. The argument is supported with an analysis of performance data from 500 organizations over an eight-year period. Networks and managerial networking can generate considerable benefits but can also have a less palatable impact that managers and scholars need to consider seriously.     

Supply Response and Risk in Chinese Agriculture

The main objective of this paper is to model the production and supply response in Chinese agriculture, which includes not only the standard arguments like expected prices but also risk. We extend Lin's work [1991, 1992] by modelling supply response as a three-equation model. We fit our model to data for 28 Chinese provinces from 1970 to 1997 to determine whether national Chinese agricultural supply is price and price risk responsive. Further, we fit our model to data for North, Northeast, South and Southeast regions. Results from the three systems equations are compared to single equation estimations. At the national level, Chinese agriculture is found to be price and price risk responsive. The regional analyses suggest that significant regional differences exist. Unlike Lin, we do not find the household responsibility system (HRS) to be the dominant factor in increased yields in different regions of China.     

Struggles for land and livelihood

Abstract

Scholars, policy practitioners, and political activists alike have had difficulty grappling with the complex dynamics that have unfolded over the past decade and a half in Philippine banana plantations in the context of the 1988 agrarian reform law. While some focus their attention exclusively on land redistribution issues, others concentrate on the modalities of contract farming and still others emphasize trade union issues — all to the neglect of underlying agrarian dynamics. Relatively few have attempted a more integrated examination of developments in this sector of the Philippine economy. The still-limited availability of studies of land-reform-related experiences in agribusiness plantations outside the Philippines further constrains our understanding of the issues arising in Philippine plantations. This article tries to build on and deepen previous attempts at understanding the complex and confusing dynamics involving the banana elite, the state, and various segments of organized farmworkers and to fill in an important gap in the literature, using an integrated, rights-based, and process-oriented historical-institutional approach. It cites two reasons for an unexpectedly contingent land reform process in commercial banana farms in the Philippines: (1) the surprisingly unsettled character of the prevailing political-legal institutional environment within which land and livelihood struggles are playing out, and (2) the diverse perceptions among farmworkers of the meaning and purpose of, and opportunity for, land reform.     

Soviet propaganda and the neutron bomb decision

Abstract

In July 1977, newly elected President Jimmy Carter suddenly found himself confronted with a difficult neutron bomb decision. With a narrow victory in Congress, pro neutron‐bomb forces had successfully presented the President with the authority to proceed with production. Unfortunately, as the months passed, Carter failed to move swiftly with production of the neutron warheads which many NATO alliance members saw as a much needed deterrent to the Warsaw PACT'S massive armor superiority.

Confronted with mounting international and domestic opposition to the neutron weapon, Jimmy Carter, in the fall of 1977, insisted that the NATO allies officially support American production of the warheads before the United States would produce it. Spurred on by Carter's indecision and by certain NATO members’ reluctance to officially support the weapon, the Soviet Union shifted its propaganda machine into high gear in a massive effort to sway international opinion against the weapon.

During the first few months of 1978, Western Europe saw a flood of protests against this so‐called “inhumane” weapon. Domestic communist and left‐wing socialist opposition to the neutron bomb precipitated a precarious right‐left split within many Western European socialist parties. Nowhere was this split more graphically illustrated than within the ruling West German Social Democratic Party (SPD). Chancellor Helmut Schmidt and his moderate technocrats basically favored the neutron bomb, but feared crippling left‐wing SPD opposition and possible defections if West Germany complied with American demands to break with over 30 years of U.S.‐West German nuclear precedent and agree officially to American production of a nuclear weapon, the neutron bomb.

Only after much American cajoling did the allies move toward official NATO support for production. Carter had failed to understand the disastrous political implications which left‐wing opposition had created within the NATO countries and refused to let Schmidt and other leaders off the hook. And then in an amazing move, after Schmidt and the NATO allies had risked political ruin to reach an agreement to support the neutron bomb, President Carter pulled the rug from under them on April 7,1978, when he indefinitely delayed a decision on the weapon.

With this decision, Carter had set a dangerous precedent by yielding to Soviet pressure and had missed an opportunity to win the favor of skeptical NATO allies and critics who asserted he was too weak and indecisive. But above all, Carter had unnecessarily alienated and angered NATO leaders like Schmidt who risked possible political ruin by supporting the neutron bomb.     

The Effects of Continuous Application of the TASER X26 Waveform on Sus scrofa,

This study investigated and evaluated the safety margins of the continuous long duration (up to 30 min) effect of the TASER X26 waveform, using a Sus scrofa model. Long duration continuous stimulus has not been evaluated on humans or human surrogates prior to this study. Swine were used as models due to similarities with humans in their skin and cardiovascular systems. Very long duration was used to determine both exposure dose and possible adverse physiological effects of dose. The trial began with an application of 10 min, and subsequent animals received increasing exposure time up to a survived maximum duration of 30 min. At the onset of this work, it was hypothesized that there would be a time limit after which most animals would not survive consistent with increased dose response. However, this hypothesis was not supported by the experimental results. All animals (10 of 10) survived up to 3 min. Seven of the 10 animals survived up to a 10‐min exposure and 3 of 5 animals with a 30‐min target exposure survived the full exposure. Surviving animals were recovered and observed for 24 h, with no postrecovery deaths. This suggests that swine (based on physiology) will not experience a fatal event when exposed to the TASER X26 for a continuous 3 min. Conclusions regarding longer duration (10–30 min) are not as certain due to the small sample sizes at these time intervals.     

Predicting motor vehicle crash involvement from a personality measure and a driving knowledge test

Typically, safety‐related driver education programs are aimed at changing knowledge of vehicle operation rules and regulations. However, vehicle crashes are as likely to be related to driver personality variables as they are to the knowledge of vehicle operation and rules and regulations. In a study with 48 licensed drivers, crashes were found to be significantly correlated with conscientiousness, a five‐factor model personality dimension, but not with scores on a driving knowledge test. It would appear that prevention efforts should also be directed at changing conscientiousness‐related behaviors, including an emphasis on goal‐setting, and following rules and regulations.