The Contradictions of Conscience: Unravelling the Structure of Obligation in Equity

Law and Critique - Conscience rests within the heart of equity, yet it is a manifestly nebulous and contradictory concept. In particular, equity has never been clear about exactly whose conscience...     

‘Moving in place’: Drought and poverty dynamics in South Wollo,Ethiopia

This article discusses the impact of drought on poverty dynamics in the South Wollo area of northeastern Ethiopia. Using both survey and anthropological/qualitative data covering a six-year period, the paper assesses which households were able to hold on to assets and recover from the 1999–2000 drought and which were not. It suggests that while the incidence of poverty changed very little during 1997 to 2003 despite the occurrence of a major drought, the fortunes of the poorest improved, but not enough to keep them from poverty. The study concludes by asking how current policies affect patterns of poverty and inequality and what might be done to improve welfare in South Wollo.     

Counter-COIN: Counterinsurgency and the Preemption of Strategy

The notion of “counterinsurgency” (COIN) has for some years been the central concept driving military operations in Afghanistan, and before that, in Iraq. It constitutes the dominant idea influencing much current military planning of the major Western powers. This study questions the assumptions and relevance of the thinking behind counterinsurgency doctrine. It suggests that the ultimate effect of its dominance is to reduce the highly contingent nature of war to a list of techniques, the application of which are regarded as a sufficient precondition whenever states deem that they are confronted by conflicts that can be described as an “insurgency.” Such assumptions are both arbitrary and risk crowding out necessary, although by their nature very difficult, political judgments that are required for the effective construction and implementation of strategies that seek to ensure that the ends sought are proportional to the means employed.     

Les Cortes et le Parlement au Portugal. 750e anniversaire des Cortes de Leiria de 1254: Congrès International, 26–28 novembre 2004—Leiria

SUMMARY

The Scottish Parliament, established in 1999, was to be a novel type of parliament and to herald a ‘new politics’. While it was inevitable that the Scottish parliamentary model would inherit some of the features of the Westminster system, one of the major parliamentary models in the world, Home Rulers insisted on the Scottish Parliament's need to adopt novel procedures and principles right from the start to keep it from becoming a ‘Westminister’. An analysis of Scottish Home Rule discourse in documents from the late 1980s and the 1990s shows that at the time, Westminster was constructed as an ‘anti-model’. This article establishes in what respects Westminster was an anti-model for the architects of the Scottish Parliament and describes the ideal parliamentary model which they defined. It then considers whether the Scottish model as it exists today conforms to their expectations. The case presented here is that the Scottish parliamentary system is indeed different from the British system in several fundamental respects, such as the fact that it is more committee-based and less executive-oriented, but that it is closer to the Westminster model than has been acknowledged, and that in some respects, the Scottish Parliament has moved towards that model by adopting typically British modes of functioning. Some characteristics of the Westminster system which it has integrated are the Presiding Officer's power to have a casting vote or, more controversially, the way the executive is held to account, through adversarial Question Times. The Scottish Parliament is thus neither a mini-Westminster nor an anti-Westminster: the Scottish parliamentary model is a hybrid of the West European and the Westminster models.     

Rush-hour traffic: self-presentation of defendants in speedy traffic court cases

Much work examines self-presentation styles; however, little work explores how people present themselves in traffic court. Utilizing observatory research, we aim to better understand differences in physical presentation and demeanor in traffic court. Further, judges that work in traffic court were interviewed to see how they understood the importance of presentation of self. Data indicate that most of those who appear in traffic court aim to present themselves professionally and behave with respect while in court. This appears to be a wise decision because judges tended to think that presentation of self was an important variable in their courtroom and how they evaluated cases. Still, differences in presentation of self appeared in the courtroom especially with regard to dress – extremely casual to orange jumpsuits. Finally, we argue that while modern defendants aim to present professionally the overall ‘professional’ presentation of self, even in the courtroom, is casual dress.     

Adverse selection and growth under IMF programs

The dominant approach to studying the effects of IMF programs has emphasized moral hazard, but we find that adverse selection has more impressive effects. We propose a novel strategic selection model to study the growth effects of IMF programs, which allows for the possibility of adverse selection. We find that adverse selection occurs: the countries that are most interested in participating in IMF programs are the least likely to have favorable growth outcomes. Controlling for this selection effect, we find that countries benefit from IMF programs on average in terms of higher growth rates, but that some countries benefit from participation, while others are harmed. Moral hazard predicts that long-term users of Fund resources benefit least from participating in programs, while adverse selection predicts the opposite. Contrary to previous findings, we find that IMF programs have more successful growth performance among long-term users than among short-term users.     

Registered Traveler Program: The Financial Value of Registering the Good Guys

We discuss how the Registered Traveler (RT) program can enhance simultaneously aviation security and passenger convenience. We point out some of the potential weaknesses in the program from both a security and civil liberty perspective. The RT program is a public–private partnership between the Transportation Security Agency (TSA) and the private sector. As in any partnership between private enterprises and the public sector, there are tensions that must be monitored, managed, and resolved. We note that financial distress of a RT service provider will place increased pressure on TSA resources. We review the resources allocated by the public and private sectors and the natural tensions that exist between companies investing capital with the expectation of earning a market rate of return and an agency of the Department of Homeland Security, the TSA, with one of its responsibilities being to assure the safety and security of air travel.