Smugglers’ blues: Airport drug investigations

This article examines the Fourth Amendment problems inherent in detaining and searching commercial air travelers for smuggled drugs. Considered are problems involving the drug courier’s profile, the levels of encounters involved in the investigations, and canine sniffs of luggage.     

Living legal fictions: constituting the state or submerging the signifier?

This is an inquiry into the ways the state is constituted as an effective legal fiction. It is based on the premise that the state was not constituted, once and for all, some three centuries ago (as Bourdieu suggests) but that the existence of the state relies on continuing legal and social processes. The focus is on the translation from the legal to the social, specifically the semiotic interaction between law, space and daily life in the dynamics of this on-going mise en scène. This requires re-thinking a number of semiotic issues: first, Lefebvre’s challenge to a semiotics which neglects the place of the material (body, space) and, second, a challenge to Lefebvre’s assertions that the state operates in a realm of freedom in switching ‘at will’ between codes. Third, it is possible to question the conditions by which the state operates as a ‘floating signifier’, which maintains its domination by overwhelming us with its excess meanings. The inquiry proceeds by analysing the legal semiotics of space in different settings: the axis as an expression of legal and state power, from the courtroom to the capital city (Rome, Washington, Canberra), and street names with legal referents (Montréal and Mexico City, in addition to the above). After considering these self conscious attempts at meaning-making, the article concludes that the legal constitution of the state in urban space is not determined by a single wilful semiotic regime, but (taking insights from de Certeau) is contingent upon the interpretations and enactments of people who use the spaces. Except in the controlled environments of the courtroom and the planned capital city, everyday life is continually reconstituting the meanings of law and the state.     

Toward a better understanding of racial and ethnic disparities in search and seizure rates

Recent studies demonstrated a consistent research finding that compared to Caucasian motorists, Black and Hispanic motorists were significantly more likely to be subjected to personal and/or vehicle searches during traffic stops, but significantly less likely to be found in possession of contraband. Explanations for these findings were typically based on speculation regarding officers' racial animus, bias, and discrimination. Unfortunately, very little is truly known about the reasons for these disparate patterns in police behavior. This article presents an alternative explanation for the reoccurring findings of racial/ethnic disparities in searches and seizures, based on research findings regarding the accuracy of clues of deception and suspicious behavior taught to officers through highway criminal interdiction training. These research findings are used to develop a hypothesis that could account for the patterns of racial/ethnic disparities in search rates. The implications for future research and policing policies based on this hypothesis are discussed.     

The Battle of the Forms—There Is a Purpose

This article provides an alternative approach to the daunting task of teaching business undergraduates a fundamental appreciation of the flexibility of the Uniform Commercial Code (UCC) and the ability of the UCC to adapt to the needs of commerce by facilitating fair, efficient transactions. Paradoxically, we suggest using one of the most difficult sections of the UCC, Section 2-207, the often discussed "Battle of the Forms," to make UCC concepts and the relationships of those concepts to modern business transactions easier to understand. This alternative approach is also designed to help students appreciate the challenges of establishing rules to assure fair and efficient transactions and how changes in the way transactions occur impact the laws and how the laws impact the changes. This article also presents exercises, questions, and illustrative flowcharts used successfully over several years in undergraduate business law classes. These tools produce an integrated method for presenting UCC Section 2-207. While no sane individual has ever professed a love for UCC study, students and faculty have expressed tolerance and a palpable appreciation for these methods.     

Science and technology in the South Atlantic: minding the gaps

The notion of a geopolitical system known as the South Atlantic is severely tested when it comes to science and technology (S&T), especially given the enormous disparities between (and sometimes within) countries of the region. The essay attempts to characterise the S&T policy pursuits of these countries by dividing them into the most advanced (Brazil and South Africa) versus the poorer remainder, and identifying the most powerful drivers for S&T investment for each group. The practical needs of social and economic development for the latter group are self‐evident. Rather more subtle are the multifaceted initiatives of the two more developed countries, with drivers ranging from prestige and national security to economic competitiveness and growth. The increasing complexity of policy making in Brazil and South Africa is driving analysis of their behaviour more towards the model of the Organisation for Economic Cooperation and Development countries. A major restraint on better research is the parlous state of data on research and development in all of the countries of the region; finding a remedy for that weakness would not only benefit policy researchers but also the policy makers themselves, who lack adequate feedback mechanisms for their investment paths in S&T.     

Influence of Perpetrators' Account on Nurses' Recognition and Reporting of Child Abuse

Suspected perpetrators may attempt to influence the professional's recognition and reporting of child abuse by providing an account that explains or justifies their behavior or the child's injury. A factorial survey design was employed in which a random sample of nurses (N = 1038) judged vignettes that included systematic variations of types of accounts and selected case characteristics. In comparison to the other characteristics of the case, perpetrator accounts had little impact on nurses recognition and reporting of child abuse. Only two types of accounts influenced the nurses' responses, and from the perspective of the suspected perpetrator they backfired, resulting in greater recognition and reporting of abuse. Interaction terms constructed of accounts and situational variables had little impact on nurses' judgments when sexual abuse was involved, but resulted in both higher and lower recognition and reporting scores when physical and emotional acts were judged.     

THE INFORMATION AGE: IMPLICATIONS FOR U.S. AGRICULTURE

The U.S. agricultural system is on the verge of a technological revolution that will involve biotechnology and computer-based information technology. As the U.S. economy is being transformed through the growing computerelectronics industry, agricultural applications of computer technology, which include the microcomputer and videotex information retrieval networks, are becoming established agricultural inputs. The emergence of agriculture into the Information Age promises to have significant impacts on the economic and social welfare of the farmer as well as rural banking and postal systems, and agrimarketing and agriinput firms. A development which will shape the impact of information technology is the growing trend toward privatizing information which could result in agricultural information being transformed into a purchased agricultural input. This promises to undermine many public agricultural service activities. The penetration of information technology in agriculture along with the privatization of agricultural information has the potential of accelerating the forces which are consolidating farms and changing the face of agriculture.