Intolerance and Political Repression in the United States: A Half Century after McCarthyism

What consequences for political freedom arise from high levels of political intolerance among the American public? Comparing surveys from 1954 to 2005, I document the level of perceived freedom today and consider how it has changed since the McCarthy era. Levels of intolerance today and in 1954 are also compared. Next assessed is whether restrictions on freedom are uniformly perceived or whether some subsections of the population are more likely to feel repressed than others. I find that while intolerance may have declined somewhat since 1954, perceived constraints on individual freedom have actually increased. These findings produce telling consequences for the subtheory of pluralistic intolerance. During McCarthyism, intolerance focused on the Left; today, many groups are not tolerated, so the loss of freedom is more widespread. Heretofore, many thought that pluralistic intolerance tended to be benign. At least in the case of the contemporary United States, it seems not to be.     

Forensic psychiatry and the birth of the criminal insane asylum in modern Italy

This paper focuses on the creation of the criminal insane asylum in Italy between unification in 1861 and World War I. The establishment of criminal insane asylums was a triumph of the positivist criminology of Cesare Lombroso, who advocated for an institution to intern insane criminals in his classic work, Criminal Man (1876). As a context for the analysis of the birth of the criminal insane asylum in Italy, this essay also outlines the history of the insanity plea in Italian criminal law and the young discipline of psychiatry during the fifty years after Italian unification.     

The Retention of State Level Concealed Handgun Laws: Empirical Evidence from Interest Group and Legislative Models

The present research extends the work of Lott and Mustard (1997) by offering the first categorical examination (using an ordered logit model) of various types of right-to-carry handgun legislation across the50 states for 1997. Such an examination is based on the “market for laws” construct built by Crain (1979) and Benson and Engin (1988), which points out that various interest group (demand side) and legislative (firm, supply side) considerations are important in modeling legislation activity at the state level. To that end, we include a number of property rights, demographic and legislative institutional variables as explanatory factors in ordered log it models and tests for nonnested hypotheses. In general, we find that the property-rights movement has significantly shaped these statewide laws as pointed out by variables which measure the amount of federal land present within each state, per-capita income, and death-row inmate executions. Population density, Republican representation, length of legislative sessions and female legislative representation have also had significant impacts on the retention of various forms of right-to-carry legislation.     

Transaction costs and inter‐jurisdictional cooperation: an application to land use collaboration

• The costs and benefits of inter‐jurisdictional cooperation and how these impede strategic alliances among jurisdictions is an issue of growing importance worldwide. The reason is the potential cost savings, efficiency increase and economic development benefits that can be realized through cooperation. The literature has increasingly mentioned transaction costs as obstacles that mitigate cooperation and as a key component of cooperation costs, which must be outweighed by cooperation benefits in order for communities to perceive advantageous strategic alliances. However, a framework is lacking in the literature for evaluating the implications of transaction costs for inter‐jurisdictional cooperation. This paper develops a framework for evaluating the nature and dynamics of transaction costs and their implications for inter‐jurisdictional cooperation, with an application to land use. A simple cost function model is used to explain the costs and challenges associated with managing coordinated, cooperative or consolidated relationships, and the dynamics of such costs. The analysis highlights the importance of such things as degree of complexity, inter‐party diversity and the relative sizes of collaborating partners. An application to land use cooperation in Michigan suggests that policies to eliminate transaction costs could help reduce the barriers to cooperation of various types.

Copyright © 2010 John Wiley & Sons, Ltd.     

Has Legal Realism Damaged the Legitimacy of the U.S. Supreme Court?

Does understanding how U.S. Supreme Court justices actually decide cases undermine the institutional legitimacy of the nation's highest court? To the extent that ordinary people recognize that the justices are deciding legal disputes on the basis of their own ideological biases and preferences (legal realism and the attitudinal model), the belief that the justices merely “apply” the law (mechanical jurisprudence and the myth of legality) is difficult to sustain. Although it is easy to see how the legitimacy of the Supreme Court, the most unaccountable of all American political institutions, is nurtured by the view that judicial decisionmaking is discretionless and mechanical, the sources of institutional legitimacy under legal realism are less obvious. Here, we demonstrate, using a nationally representative sample, that the American people understand judicial decisionmaking in realistic terms, that they extend legitimacy to the Supreme Court, and they do so under the belief that judges exercise their discretion in a principled and sincere fashion. Belief in mechanical jurisprudence is therefore not a necessary underpinning of judicial legitimacy; belief in legal realism is not incompatible with legitimacy.     

Managing the People: Art Programs in the American Depression

How do “classical” big art institutions (museums, the ballet, the opera, symphony orchestras) react to phenomena of globalization such as migration flows, the “denationalization” of artistic movements, the enormous growth of the number of artists, the trend of a global cultural branding of cities, etc.? And which cultural policies do governments develop to interfere in the relationship between those art institutions and their changing environments? Those were the central questions I asked while doing research about the position of art institutions in society today. The research concentrated on a very diverse sample of big art institutions in Europe. The research begins with the insights of Actor Network Theory and the political philosophy of Antonio Negri and Michael Hardt and leads to an ideal typical two-dimensional model to classify the possible strategies that such institutions and their responsible governments can use on the local, national and international level.