The bounds of smart decline: a foundational theory for planning shrinking cities

Economic decline has led to a new wave of population decline throughout the US, meaning more and more cities are shrinking. Growing interest in using smart decline principles to respond to shrinkage has been met with controversy in cities such as Detroit and Cleveland. This paper advances a foundational theory of smart decline that takes as its starting point discussions of ethics, equity, and social justice in the planning and political theory literature, but is well grounded in observations of successful smart decline practice.     

The Geopolitics of James Bond

This article considers the politics of James Bond in order to throw light on the interaction of 'real' geopolitics and literary and cinematic representations. The Bond literature provides many opportunities for considering aspects of the popular perception of the worlds of intelligence, including, for example, the stress on covert operations and on human intelligence rather than on signals operations. The stories can also be used to consider changing images of Britain, the United States and the world, and can at times be seen as efforts to create an impression of the normality of British imperial rule and Empire. Echoes of Anglo-American competition and tension are also to be found in the Bond literature. An important, albeit concealed, theme is Britain's diminished political and military presence in Cold War confrontations and a corresponding need to adapt to the United States. Cinematic representations of Bond have presented the world with an image of global struggle through Western eyes, having depicted shifts in the Cold War and addressing themes such as the space race, nuclear confrontation and drugs.     

Excuses in law and in morality: a response to Marcia Baron

In this analysis of Marcia Baron’s account of excuses, I seek to do two things. I try to draw out the nature of the distinction between forgiving and excusing. I also defend the distinction between excuses (like duress), and denials of responsibility (like insanity).

Should forum-shopping be a basket case?

Most intellectual property litigants have a tough time. Thesettlement of any legal dispute consumes hours that can be betterused on other things and costs money that is better spent onother things. What's more, a dark cloud of uncertainty hangsover the disputants' business plans until it is lifted by thedispute's resolution. In IP disputes, the situation can be evenmore fraught: the outcome of a dispute may be     

Killing the orphans

In the real world of human activity, the orphan is a tragicmetaphor: the child, bereft of parental love and support, isforced to make its own way in a harsh, unforgiving world. Theorphan stirs our deepest emotions, demands our sympathy and,in overcoming early handicaps, earns our respect and admiration.Not for nothing is the orphan a potent force in literature:famous orphans include the Dickensian Oliver Twist and DavidCopperfield, Mark Twain's Huckleberry Finn and Tom Sawyer, not     

THE ATTEMPTED MERGER BETWEEN GENERAL ELECTRIC AND HONEYWELL: A CASE STUDY OF TRANSATLANTIC CONFLICT

The thwarted merger of General Electric and Honeywell standsout, so far, as the only merger between US companies to be derailedsolely by the European anti-trust authorities, while being clearedby the US Department of Justice (DoJ) and 11 other jurisdictions.In this paper, the authors examine the European Commission'sdecision, and the theories underlying it and compare the Commission'sapproach with that followed by the DoJ. They observe that theCommission and the DoJ had a different assessment of broadlysimilar facts, and attempt to understand the source of the divergence.The authors find that (1) the horizontal effects identifiedby the European Commission rely on a particular perspectiveof market definition, which is debatable (and leaves some questionsunanswered); (2) the anticompetitive effects in the bundlingand Archimedean leveraging theories are not sufficiently robustthat they could be presumed (Accordingly, their likelihood shouldbe supported by strong evidence, but the evidence presentedby the Commission was far from compelling); (3) the deal mayhave involved significant efficiencies that were overlooked.These observations raise the suspicion that the Commission'sdecision may have been affected by bureaucratic capture, suchthat civil servants did not follow the mandate that had beenassigned to them. We find that the procedure enforced at thetime was vulnerable to capture and that the Commission had anincorrect perception of the standard of review that the Courtwould apply to its decision in the context of an appeal. Theaccountability to which the Commission felt subject was thusbiased downwards and enlarged the scope for capture. In addition,some (admittedly casual) evidence regarding the actual unfoldingof the procedure, as well as subsequent reforms of process andprocedure undertaken by the Commission, would support the viewthat significant problems arose in this area.