Federal Preemption and State Regulation of Transportation and Telecommunications

Transportation and telecommunications are two of the most importantinfrastructural industries in the American economy. As theseindustries are so vital and because they exhibit characteristicsthat have frequently rendered them quasi-monopolistic, theirgrowth has been accompanied by state and federal regulation.We document how the imposition of regulation has led to continualconflicts over the extent to which federal regulation shouldtake precedence over state regulation. We illustrate how thejustifications for federal preemption have been applied notonly to the regulation, but also to the recent deregulation,of railroads, trucking, and telecommunications. We contend thatpolitical factors, such as congressional support, precedent-settingcourt rulings, and, most important, political pressure fromaffected interest groups that is related to the revenues stillgenerated within states by these industries, ultimately determinethe form of preemption that emerges from the Congress.     

“Legality with a Vengeance”: Reclaiming Distribution for Sociolegal Studies

The law and society community has argued for decades for an expansive understanding of what counts as “law.” But a content analysis of articles published in the Law & Society Review from its 1966 founding to the present finds that since the 1970s, the law and society community has focused its attention on laws in which the state regulates behavior, and largely ignored laws in which the state distributes resources, goods, and services. Why did socio‐legal scholars avoid studying how laws determine access to such things as health, wealth, housing, education, and food? We find that socio‐legal scholarship has always used “law on the books” as a starting point for analyses (often to identify departures in “law in action”) without ever offering a programmatic vision for how law might ameliorate economic inequality. As a result, when social welfare laws on the books began disappearing, socio‐legal scholarship drifted away from studying law's role in creating, sustaining, and reinforcing economic inequality. We argue that socio‐legal scholarship offers a wide range of analytical tools that could make important contributions to our understanding of social welfare provision.     

Increasing irrationality? The equilibrium relationship between electoral and legislative party system size, 1950–2005

Institutional theories of party system size tell us that voters and parties should anticipate the mechanical effects of electoral systems and adjust their behaviour accordingly. If these expectations hold true, then the size of the party system at the electoral and legislative levels should maintain a long-run equilibrium relationship, as the number of parties receiving votes is adjusted in response to the number of parties in the legislature. I estimate a series of error-correction models to examine this expectation in 16 Western democracies from 1950 to 2005. Party system size at the electoral level does exhibit a general, equilibrium relationship with party system size in the legislature. However, this relationship has recently disappeared in single-member-district systems. This growing disparity between party system size at the electoral and legislative levels signals important changes in the nature of electoral representation.     

Spying on the rock: an assessment of Abwehr clandestine operations against Gibraltar during the Second World War

This article will offer an assessment on the effectiveness of clandestine operations conducted by the German military intelligence service, the Abwehr, against the British colony of Gibraltar during the Second World War. This assessment is based on declassified British archival records, and this paper will argue that while the Abwehr had complex networks which attempted operations against the British at Gibraltar the Germans actually achieved little meaningful success. This article will reason that the inability to achieve any significant results was due to ineffective leadership and direction from Abwehr officers who also oversaw inadequate agent recruitment and training which impaired Abwehr clandestine operations.     

Bystander reaction to women fighting: developing a theory of intervention

This article explores accounts of bystanders to female-on-female public violence. Group interviews with participants in the night-time economy are carried out. Whereas men tend to respond to the discussion topic of female-on-female violence with laughter, this laughter reveals ambivalence and discomfort as much as amusement. Men seem to negotiate the tension between the expectation that they should intervene in emergencies and a catalogue of costs that attend intervention. Female bystanders appear to have a different set of concerns. They talk about feelings of shame at the interpersonal and the group level. Women cite the public spectacle, and the opportunity for men to demean or sexualize women, as reasons for intervention. The article concludes with some recommendations about the importance of exploring female violence in its own terms, beginning with a series of identified moral and social dilemmas incurred within possible third-party intervention.     

Intersection between alcohol abuse and intimate partner's violence in a rural Ijaw community in Bayelsa State, South-South Nigeria

According to the 2008 National Demographic and Health Survey, the south-south zone of Nigeria had the highest prevalence of domestic violence. This study is to find out if this is related to the widespread consumption of alcohol in the region. The study was carried out in Okoloba, a rural Ijaw community in Bayelsa State, where alcohol is produced and consumed in large quantities; using a cross-sectional study design. The data was collected from married or cohabitating adults aged between 16 and 65 years, with a structured interviewer-administered questionnaire. A total of 346 subjects, comprising 187 males, and 159 females were studied. They had an average age of 41.4 ± 2.5 years, were mostly Christians (91.9%), farmers/fisher folk (52.3%), and had at most primary school education (64.2%). More than 90% of the subjects took alcohol in the preceding year, while 36% can be classified as alcohol abusers according to their AUDIT score. More than half (55.8%) were perpetrators of intimate partner violence during the preceding 12 months, with a male-to-female prevalence of 83.4%, and female-to-male prevalence of 23.3%. Out of these, 77.2% were under the influence of alcohol during the act. The violence was more likely to be perpetrated by male alcohol abusers (p-value < 0.001), but there were no significant differences in the educational levels and religion of the perpetrators (p-value > 0.05). The study therefore concludes that there is a link between intimate partner abuse and alcohol abuse in the study community.