Democratic Theory and the Public Sphere Project: Rethinking Knowledge,Authority, and Identity

This paper is concerned with the problem of academic acquiescence in the decline of public discourse in the United States. Noting current tendencies for the university to operate as another transnational corporation, the argument targets and probes post-communal professionalism which as a sub-ideology is linked to the dualistic social imaginary of the corporate state. Discussing works by Rieff and Lasch, the critique situates this ideology in the liberal-progressivist middle-class culture that is much more bound to the transnational corporate state's consumer culture than many academics wish to acknowledge. A theoretical critique of the subjectivization of postmodern "resistance" is presented as one way of facilitating democratic Left intellectual interest in pursuing a true "border politics" between academic and general cultures. Disembodied, placeless visions of professionalism must be replaced with perspectives and projects foregrounding agency rather than "identity" and political action rather than "self-fulfillment." Scholars critical of the university's role in corporate globalization should take a lesson from John Dewey's "civic professionalism" and envision a post-professional politics projecting democratic public spheres that connect with recent political forms of grassroots globalization aiming at more sustainable ways of life.     

Electoral Democracy during Wartime: The 2004 U.S. Election

The U.S. election of 2004 affords an opportunity to investigate how wartime affects presidential voting. The conventional wisdom is that wartime presidents always get reelected, but previous studies have not examined how citizens' attitudes on the war affect their voting. The papers in this special issue investigate this process, looking at how attitudes on the Iraq War, the larger War on Terrorism, and the so-called cultural war affected attitudes toward the presidential candidates and voting. The studies use a wide variety of datasets and survey questions, showing that the different aspects of the war resonate with different voters and that some of the effects of wartime are indirect through increasing the salience of leadership in the election. Wartime presidents do not get reelected automatically; they have had success in reelection because of how they use the war to build an image that can get them reelected.

A Bittersweet Appraisal of Progressive Education

After solidifying its role as a powerful innovative educational force reinforced by its alignment with mid-century concerns with preventive mental health, the progressive education movement responded to the call to improve the public education of disadvantaged children mandated by civil rights legislation. Although the ideas and tools of progressive education are relevant to this task, this challenge has been only partially met because its scope and complexity have been seriously underestimated. Further complicating the goals and agendas of education today are the massive social and technological changes, thus far insufficiently identified and understood, that affect all children.     

UNILATERAL REFUSALS TO LICENSE

Most antitrust claims relating to intellectual property involvechallenges to agreements, licensing practices, or affirmativeconduct involving the use or disposition of the intellectualproperty rights or the products they cover. However, sometimesan antitrust claim centers on an intellectual property owner'srefusal to use or license an intellectual property right, perhapscoupled with efforts to enforce the intellectual property rightagainst infringers. The allegation may be that the intellectualproperty right is so essential to competition that it must belicensed across the board, or that a refusal to license it toone particular party was discriminatory, or that in contexta refusal to license helped a monopolist to acquire or maintainmarket power. Claims based on a unilateral refusal to licensepresent important issues at the center of the tension betweenantitrust and intellectual property. Unilateral refusal to licensecases cut to the heart of the intellectual property owner'sright to exclude others from practising the intellectual property.As such, efforts to invoke antitrust law in this context deservespecial scrutiny. We examine the basic principles relating tounilateral refusals to license intellectual property rights.We then analyze the various sets of circumstances in which antitrustplaintiffs argue for exceptions to those basic rules. Finally,we distinguish unilateral from concerted and conditional refusalsto deal.     

‘It’s Not OK’, but ‘It’ never happened: parental alienation accusations undermine children’s safety in the New Zealand Family Court

ABSTRACT

While the public campaign slogan in New Zealand when referring to family violence, is ‘It’s Not OK’, many women in New Zealand report that the Family Court prefers the catchphrase ‘It never happened’. When women and children escaping violence and abuse reach out to the New Zealand Family Court for protection believing the justice system will help them, they often enter an alternative reality where they are not believed and are subsequently made less safe. This is particularly so for those women whose well-founded fears for their children’s safety get reinterpreted as evidence of a deliberate attempt to alienate the children from their fathers. The Backbone Collective, an independent organisation, surveyed New Zealand women about their experiences in the Family Court, finding that many women reported being accused of parental alienation. This paper investigates the sources of these allegations of parental alienation and how they impact mothers and their children. We argue that the use of parental alienation in the New Zealand Family Court is undermining the international rights of children.