American elites' strategic thinking towards Korea: From Kennan to Brzezinski

America's foreign policy elites have made different assessments of South Korea's value as an alliance partner, largely depending on their strategic beliefs and visions. Balance-of-power realists like George Kennan have tended to let the regional problems be taken care of by the regional major powers, thus attaching less strategic value to such peripheral states as Korea. On the other hand, globalists like Paul Nitze have emphasized America's preponderant role in maintaining global stability, attaching greater importance to the US-Korean alliance. This article investigates the American foreign policy elites' strategic thinking toward Korea by reviewing the thoughts of Kennan, Nitze, Kissinger and Brzezinski. It then draws out implications for the future US defence commitment to Korea.     

Preventing protectionism: International institutions and trade policy

This paper examines the role of international institutions in preventing the rise of protectionism. We analyze states?? choices in trade policy during the current global economic crisis, a situation likely to exacerbate uncertainty in the conduct of commercial relations and to push countries toward ??beggar-thy-neighbor?? trade policies. The main argument of the paper is that the numerous international institutions present in the international system during the current economic crisis serve as conveyors of information and mechanisms of commitment and socialization. They mitigate the uncertainty problem that prevails in prisoner??s dilemma settings such as trade. Economic international organizations increase the flow of information about the preferences and behaviors of its members. Non-economic organizations also have a role to play as social environments that encourage cooperation. Specialized international institutions devoted to trade, such as the WTO and preferential trade agreements (PTAs), not only provide monitoring and enforcement functions but also lock in commitments to liberal trade through legal obligations that make defections costly. We test our argument using a dataset of trade policies during the current economic crisis and of membership in international organizations. The paper finds strong support for the role of international institutions as commitment and socialization mechanisms in preventing the rise of protectionism.     

Can APB 2000 Be Used to Discern Sincerity of Effort in Unimpaired Subjects from Maximal Performance in Subjects with Shoulder Pain?

The automated pegboard (APB 2000), which has been found to objectively quantify motor performance, was used to differentiate maximal motor performance among subjects with shoulder pain, healthy unimpaired subjects performing normally and also while feigning shoulder pain. Six participants with shoulder pain and 15 healthy unimpaired individuals participated. Individuals with shoulder pain were tested on the APB 2000 using their affected upper extremity. Unimpaired participants were instructed to perform normally on the test with randomly selected upper extremity and to feign shoulder pain with the other upper extremity. The two tests for the unimpaired participants were conducted 1 week apart. There were significant differences in mean performance time for normal, patient, and feigned performance, with 80, 111, and 149 sec for the three groups respectively (p < 0.0005). There was also considerable overlap in the three distributions of performance times. These preliminary findings suggest that the APB 2000 is able to distinguish performance time between these three groups. Whether it can be used to distinguish between maximal performance and submaximal performance in individuals suspected of submaximal performance requires further study.     

Inaccessible and Unknowable: Accretion and Uncertainty in Modern Criminal Law

Between May 1997 and August 2006 over 3,000 new crimes and offences entered the statute book expanding the criminal law exponentially and insinuating criminal liability into areas of everyday life previously untouched. This unremitting intensification of the criminal law where often quite random and unrelated provisions are embedded in huge, generic and virtually annual Criminal Justice Acts has made the law inaccessible and unknowable to the public, and uncertain to those charged with interpreting and applying it. This article examines the phenomenon of accretion in the criminal law within the last decade drawing on historico-legal contexts, jurisprudential theory (particularly the Rule of Law), and contemporary illustrations. It argues that uncontrolled legislative accretion and a bloated statute book may introduce dangerous levels of uncertainty into the law not only undermining its integrity but eroding the essential mutual respect between government and the governed which legitimises the authority of the criminal law. The political hothouse of spin-cycle government has sought to rely on the creation of new law as the panacea to all ills blurring the democratic boundary between citizen and government.

Securities laws ‘facilitating’ private enforcement

La Porta, Lopez-de-Silanes, and Shleifer (J Financ 61:1–32, 2006) (LLS) have undertaken an empirical analysis, making a critical but somewhat provocative proposition that “securities laws ‘facilitating’ private enforcement, rather than providing for public enforcement, benefit the securities market.” After briefly providing a theoretical connection to the existing law and economics literature, I attempt to empirically advance this LLS proposition two-fold, particularly on the ‘joint use of regulation and the liability rule,’ by exploring the most meaningful word ‘facilitate’ therein. Firstly, I explore the cross-country LLS data associated with the specific case of an initial public offering to seek possibly more solid evidence on the facilitating effect. Secondly, motivated by LLS, I pursue a within-country positive analysis, regarding the major determinants of the joint use, but across overall harmful activities covered in the Korean Securities Law. The major tenet underscoring this second empirical exploration was the clear message from the existing theoretical literature that the joint use should be adopted in a selective manner even within a single substantive statute, because it usually governs vastly different harmful activities. Finally, I call for some essential research agenda, prior to approving the ineffectiveness of public enforcement claimed in the second part of the LLS proposition.

Asphyxiating death due to basal lingual cyst (thyroglossal duct cyst) in two-month-old infant is potentially aggravated after central catheterization with forced positional changes

There are various causes of possible upper airway obstruction in infants. Particularly, large cysts on the base of tongue may cause severe airway obstruction by a mass effect on the hypopharynx and by displacing the epiglottis. Of these basal lingual cysts, thyroglossal duct cyst is rare but occasionally its remnants can be found at the base of the tongue. Although they are pathologically benign, basal lingual cysts may result in death by asphyxia. There are a few reported cases of asphyxia caused by basal lingual cyst. All died suddenly in the bed or cot while sleeping without any significant symptoms and signs. The authors experienced a unique case of death due to airway obstruction by basal lingual cyst (thyroglossal duct cyst), confirmed by postmortem examination, probably aggravated after central catheterization in 2-month-old infant who had open heart surgery for atrial and ventricular septal defect and report with a literature review.     

Examining the “CSI-effect” in the cases of circumstantial evidence and eyewitness testimony: Multivariate and path analyses

As part of a larger investigation of the changing nature of juror behavior in the context of technology development, this study examined important questions unanswered by previous studies on the “CSI-effect.” In answering such questions, the present study applied multivariate and path analyses for the first time. The results showed that (a) watching CSI dramas had no independent effect on jurors' verdicts, (b) the exposure to CSI dramas did not interact with individual characteristics, (c) different individual characteristics were significantly associated with different types of evidence, and (d) CSI watching had no direct effect on jurors' decisions, and it had an indirect effect on conviction in the case of circumstantial evidence only as it raised expectations about scientific evidence, but it produced no indirect effect in the case of eyewitness testimony only. Finally, implications of the present study as well as for future research on the “CSI-effect” on jurors are discussed.     

Abused South Korean women: a comparison of those who do and those who do not resort to lethal violence

This study compares two groups of women in South Korea: one group incarcerated for the deaths of their male partners and the other staying in a shelter for battered women. The analysis serves to answer two questions: First, are the findings regarding women who kill their intimate partners in Western societies generally applicable to their counterparts in South Korea? Second, how are abused South Korean women who resort to lethal violence against their abusers different from those who do not? Regarding both abused and nonabused women incarcerated for criminal homicide against their partners, results indicate that they have less experience of psychological and physical abuse by their partners and that they are less educated, underemployed, and more supportive of traditional patriarchal norms than are the women who utilize domestic violence shelters. This research explores implications for intervention strategies to encourage abused women to seek help from legal and extralegal sources.