伦奎斯特人身保护法律思想的保守主义构造：以穷尽州法救济原则为中心的刑事判例研究

美国联邦法院人身保护是对州法院刑事被告提供的基本性申诉权利。伦奎斯特在人身保护法律制度的发展过程中起到了重要作用。前首席大法官坚持人身保护的保守主义法律路线,严格把握人身保护判例系统中的穷尽州法救济原则,强调社会稳定在犯罪狂潮中举步维艰,必须积极发挥各州法院审理刑事案件的地方性优势,防止联邦法院越俎代庖、顾此失彼。     

“Absolutely Irresponsible Amateurs”: The Temporary Mixed Commission on Armaments, 1921–1924

Created in early 1921, the Temporary Mixed Commission on Armaments was a committee of eminent figures formed by the League of Nations to consider the problem of international disarmament in its widest aspects and to suggest potential initiatives, plans and solutions. What made it unique was that its members were specifically appointed as private individuals, unrestrained by formal instructions from governments. They were intended to be free to put forward ideas and opinions that seemed most likely to produce real progress but which might have created political turmoil if they had come from official representatives. To some contemporary observers this extraordinary degree of independence was tremendously appealing; to others, the lack of accountability on an issue of supreme importance to the national security of member states was desperately objectionable. In practice, much of the commission's work resolved into a battle between interventionist British members and resistant French members, led respectively by Lord Robert Cecil and Colonel Edouard Réquin, with its most prominent outcome being the failed 1923 draft Treaty of Mutual Assistance. A fascinating experiment in the possibilities of transnationalism within an international organization, the Temporary Mixed Commission on Armaments both exemplified the fluidity of the League of Nations in its early years and showed the limited results a transnational approach could achieve on as contentious an issue as disarmament.     

Meaning versus measurement: why do ‘economic’ indicators of poverty still predominate?

It is virtually undisputed that poverty is multi-dimensional. However, ‘economic’ or monetary measures of poverty still maintain a higher status in key development indicators and policy. This article is concerned with the apparent contradiction between the consensus over the meaning of poverty and the choice of methods with which to measure poverty in practice. A brief history of the meaning and measurement of poverty is given, and it is argued that ‘economic’ determinism, while it has gradually retreated from centrality in the meaning of poverty, has continued to dominate the measurement of poverty. This is followed by a section that contrasts the relative merits of ‘economic’ and ‘non-economic’ measures of poverty. The question is posed: why do ‘economic’ measures of poverty still have a higher status than non-economic measures?     

THE RACE/ETHNICITY DISPARITY IN MISDEMEANOR MARIJUANA ARRESTS IN NEW YORK CITY

RESEARCH SUMMARY: This article examines the growth in marijuana misdemeanor arrests in New York City (NYC) from 1980 to 2003 and its differential impact on blacks and Hispanics. Since 1980, the New York City Police Department (NYPD) expanded its use of arrest and detention for minor offenses under its quality-of-life (QOL) policing initiative. Arrest data indicate that during the 1990s the primary focus of QOL policing became smoking marijuana in public view (MPV). By 2000, MPV had become the most common misdemeanor arrest, accounting for 15% of all NYC adult arrests and rivaling controlled substance arrests as the primary focus of drug abuse control. Of note, most MPV arrestees have been black or Hispanic. Furthermore, black and Hispanic MPV arrestees have been more likely to be detained prior to arraignment, convicted, and sentenced to jail than their white counterparts. POLICY IMPLICATIONS: In light of the disparities, we recommend that the NYPD consider scaling back on MPV enforcement and reducing the harshness of treatment by routinely issuing Desk Appearance Tickets when the person is not wanted on other charges, so that most MPV arrestees would not be detained. Furthermore, we recommend that legislators should consider making smoking marijuana in public a violation and not a misdemeanor. Lastly, we suggest ways that NYC could monitor the effectiveness of these policy modifications to assure that the city continues to meet its goals for order maintenance.     

Citizenship and preemptive war: The lesson from Iraq

This paper argues that citizens should be wary of a policy of Reformed Preemption such as is found in the National Security Strategy of the United States. This policy is too permissive with regard to the use of force and it suffers from epistemological difficulties. The war in Iraq is examined in an effort to see how the new policy of Reformed Preemption will be employed in practice. This case shows us two risks of the new policy: it permits wars even when the threats are vague and merely potential; and it allows for disproportionate use of force.