Russian Terror/ism and Revisionist Historiography

Interest in the violence of the Soviet regime has been a concern primarily of more conservative historians, while those on the Left have either been discomforted by the excessive brutality of the Russian Civil War and Stalinism or have looked for rationalizations for the necessity of violence. One tendency in the historiography has been to see violence as deeply embedded in the Bolshevik project, part of the Marxist or Leninist effort to transform the world or perfect the human being. Revolutionary and Stalinist violence are seen as similar or intimately linked, and differences between them have been largely effaced. This essay argues that the violence and terror of the Civil War years is best understood as part of wartime exigencies as well as choices made by the Bolsheviks and their enemies, while Stalinist violence was much more the product of the will of Stalin and his closest collaborators in their consolidation of autocratic power, and was far more gratuitous and irrational than the violence of the fledgling Soviet regime.     

Juvenile Criminality And Semi-Criminality: Learning From Victorian Perceptions And Responses

This article focuses on media reportage of offensive juveniles, past and present, to elicit lessons that the twenty-first century can learn from the Victorian past in terms of diversionary responses. How to prevent vulnerable juveniles sliding into dangerous criminality is a continuing preoccupation: the issue explored in this article relates to the creation of the identity of the criminal juvenile. In utilising the concept of semi-criminality to label certain types of juvenile anti-social behaviour the Victorians avoided actual criminalisation of socially offensive but, in legal terms, minor behaviours. The reasons for and negative consequences of the abandonment of this concept by the modern age are explored, including the reconceptualisation of where responsibility for juvenile offending lies in the modern era.     

Miscarriage of Justice? Postcolonial Reflections on the ‘Trial’ of the Maharajah of Baroda, 1875

This article revisits the Baroda Incident 1875, providing a detailed examination of the Enquiry or ‹trial’ for the first time, and locating that examination in the wider socio-cultural context of the nineteenth century British Empire (especially the Raj) and the exporting of the ‹British’/English legal culture to the Empire. The implications of the establishing of British principles of justice, including the value placed upon Indian-generated evidence and testimony by the courts, are explored, in order to establish the Baroda Incident as a significant miscarriage of justice. Using historical methodologies as well as postcolonial insights, it demonstrates that the concepts of justice on which the British prided themselves were intrinsincally racialised as well as gendered, with profound modern resonances. Dr. Judith Rowbotham is a Reader, School of Arts and Humanities, Nottingham Trent University.     

Competitive Liberalization,Competitive Imperialism,and Intellectual Property

Aggressive pursuit of free trade agreements (FTAs) and customs unions (CUs) by major and minor trading powers alike challenges the conventional wisdom in favor of such pursuit – competitive liberalization. An equally plausible explanation for an active bilateral and regional trade agreement policy, one which effectively de-emphasizes multilateralism, may be competitive imperialism. The protection and enforcement of intellectual property rights is one area in which new provisions, going beyond multilateral rules, are being negotiated and written into FTAs and CUs. Such provisions may yield insights into which characterization of bilateralism and regionalism – competitive liberalization or competitive imperialism – is more apt. Rice Distinguished Professor, The University of Kansas, School of Law, Green Hall, 1535 West 15th Street, Lawrence, KS 66045-7577, USA. Tel. +1-785-8649224. Fax. +1-785-8645054. www.law.ku.edu. J.D., Harvard (1989); M.Sc., Oxford (1986); M.Sc., London School of Economics (1985); A.B., Duke (1984). Marshall Scholar (1984-86). Member, Council on Foreign Relations, Royal Society for Asian Affairs, and Fellowship of Catholic Scholars. Author, Modern GATT Law (Sweet & Maxwell 2005), International Trade Law: Theory and Practice (2nd ed. 2000, 3rd ed. forthcoming 2007-08), and Trade, Development, and Social Justice (Carolina Academic Press 2003). I am thankful to my Research Assistant, Mr. David R. Jackson (B.A., George Mason University, 1992; J.D. Class of 2007, University of Kansas), for his indispensable help on this work. I also am grateful to Dr. Mohammed El Said, University of Central Lancashire (UCLAN), for his consistent support and friendship, and for what he has taught and continues to teach me about international trade and intellectual property.     

Metropolitan Planning Organizations and the New Regionalism: The Case of Louisville

This article outlines the new regionalism movement and its metropolitanagenda, reviews federal efforts to promote new regionalism underISTEA and TEA–21, considers how the new federal policieschanged the role of metropolitan planning organizations (MPOs)in transportation planning by examining the MPO for the Louisvillemetropolis, and assesses the MPO process in Louisville. Thelocal decision of whether to build a new bridge across the OhioRiver was a major test of the enhanced MPO process. Federaltransportation policies enhanced regional coordination and cooperationin transportation planning in the Louisville metropolis resultingin a consensus plan to build two bridges across the Ohio River.However, the MPO process did not lead to the development ofa metropolitan-wide interest or perspective. Moreover, the newregionalist agenda was not advanced because sprawl was not afactor in the decision on whether and where to build the bridges.