Homosexuality as Defamation: A Proposal for the Use of the “Right-Thinking Minds” Approach in the Development of Modern Jurisprudence

False imputations of homosexuality have long been considered by courts to be defamatory per se, but many jurisdictions are beginning to revisit the issues surrounding homosexuality and defamation in the wake of a national debate over gay rights. This article examines whether courts should abandon false imputations of homosexuality as per se defamation and concludes that, at a minimum such statements should no longer be defamatory per se and further provides courts with a framework to go a step further and hold that such statements hold no defamatory meaning.     

Order and democracy: Trade‐offs between social control and civil liberties at Lake Parc Place

Abstract

This article applies the classic theories of Thomas Hobbes and John Stuart Mill to the issue of maintaining order, using Chicago's Lake Parc Place public housing project as a case study. I find that public housing residents living in frightening circumstances may be willing to give up some liberties to gain stability and order, but that very order can in turn provide them with the civil space necessary for them to become active participants in their own governance. While Lake Parc Place residents willingly submitted to strict rules to secure a sense of safety, as Hobbes would suggest, once order was established they chose Mill's path, becoming involved in managing their own community. Thus, policies restricting liberties to increase safety have the potential to increase civic participation.     

Rights of Self-delimiting Peoples: Protecting Those Who Want No Part of Us

While in recent years new charters and government actions have boosted the collective and individual rights enjoyed by “Fourth-World” indigenous peoples such as the Inuit, another set of indigenous peoples has not experienced such protection: “self-delimiting” peoples. Their rights go largely unprotected because of deliberate ambiguities in the word “indigenous”; because these peoples generally avoid all contact with the larger society, and so are unknown by it and have no voice in it; and because charters and institutions generally require validation of an indigenous people as bona fide—such as a history of contact and of evident land occupation—in order for the group to enjoy full rights protections. Both practice and theory may militate against the extension of full protection. This paper argues that theory, institutions building upon it, and practice realizable from theory and institutions must be reconsidered in terms of the particular circumstances and needs of these peoples if their rights are to be fully respected and maintained. Clear, special protection for these peoples’ rights to their culture must be established.     

Factors impeding credit use in small‐farm households in Bolivia

Sample survey data show few Bolivian small‐farm households using credit, but most would like to borrow from formal market institutions. A theoretical framework is developed to formulate testable hypotheses to identify factors that inhibit credit use. Major impediments to borrowing are scale of operations, as measured by amount of useable land, and borrower's transactions costs that arise from loan paperwork, use of Indian language, remoteness from market, little education and low degree of market integration. When farmers with these characteristics borrow they tend to use informal market sources because of the lower transactions costs compared to those of formal market lenders. The policy implication is if formal market lenders are to reach more farmers they must lower transactions costs.     

Legitimacy dilemmas: the IMF's pursuit of country ownership

There can be little doubt that the International Monetary Fund is currently facing a serious challenge to its legitimacy. Such criticisms echo similar debates that have surrounded other international organisations, including the World Bank, the United Nations and the World Trade Organization. As these different institutions seek to respond to this challenge, the Fund's efforts to respond to its critics provide a number of interesting lessons and warnings. In this article I examine the Fund's response to challenges to its legitimacy by focusing on one of the often overlooked aspects the institution's recent reforms: the IMF's efforts to change its relationship with borrowing countries by revising its conditionality guidelines and pursuing greater domestic ‘ownership’ over the reforms that it requires. While this response helps to resolve a number of legitimacy gaps that have emerged in the past decades, this strategy has also produced a number of new legitimacy dilemmas that raise questions about the sustainability of the IMF's current reform efforts. Chief among them is the limit to the Fund's ability to obtain the deeper political legitimacy that it seeks by using the same narrowly technical economic strategies that it has relied on in the past.     

Review of public budgeting and financial management

User charge is an alternative option to privatizing public service provision. But its use as a policy instrument, compared with that of asset sales or contracting out, for instance, is less researched and documented. This paper tries to fill the gap. By contrasting the experiences of employing user charge for two public services in Hong Kong with diametrically opposing results, this paper offers preliminary conclusions on several lessons, which governments, in their drive toward improved efficiency, can learn in commercializing their trading activities. Implications to public policy making are also suggested. These include: the user-pays principle has to be applied equitably, the public service market has to remain depoliticized, the management has to be transformed to behave more entrepreneurially, and the users have to be educated.     

Reviews and commentary

Lifting bob Woodward's veil

Bob Woodward : VEIL : The Secret Wars of the CIA 1981–1987 Simon &; Schuster, New York, 1987, 543 p., $21.95.

His “Cover” Is Undercover

Steve Posner: Israel Undercover: Secret Warfare &; Hidden Diplomacy in the Middle East Syracuse University Press, Syracuse, N.Y., 1987, 350 p., $17.95.

Democracy and Intelligence: An Uneasy Compatibility

Stephen J. Cimbala, ed.: Intelligence and Intelligence Policy in a Democratic Society Transnational Publishers, Dobbs Ferry, N.Y., 262 p., $37.50.

A Much‐Needed Primer

Herbert E. Meyer: R eal‐ World In teltigence. Weidenfeld &; Nicolson, New York, 1987, 102 p., $14.95.

Agee Finds Two Friends

Jonathan Bloch and Patrick Fitzgerald (introduction by Philip Agee): British Intelligence and Covert Action Brandon Book Publishers Ltd., Kerry, Ireland, 1983, 284 p., PB, $9.95.

Questionable Secrets‐Questionable Sources

Fabrizio Calviand Olivier Schmidt: Intelligences secretes — Annales de l'espionnage Hachette, Paris, 1988, 309 p., 148 Fr. fr.

Scaling the Wall

Vladimir Solovyov and Elena Klepikova: Behind the High Kremlin Walls Dodd, Mead, New York, 1986, 248 p., $17.95.

The USSR As a Counterintelligence State

John J. Dziak: Chekisty: A History of the KGB Heath/Lexington Books, Lexington, Mass., 1988, 234 p., $17.95.     

BADASSES: The Rise of Women in Criminal Justice

Little is known about the experiences and career trajectories of women working in the criminal justice field. Criminal justice, particularly law enforcement, has historically been largely a male-dominated career field. This study examines the experiences of 850 women working in the criminal justice field; in policing, courts, corrections, victim services, and academia. The present study collected data in 2017 and asked women working in the criminal justice field about their employment. Respondents said that they experienced a wide range of gender discrimination but did not see gender discrimination as a barrier to their success. The women identified personal and professional perseverance, strong mentorship, and family support as contributing factors to their success. Findings highlight the experience and challenges of women working at all levels and in all components of the criminal justice system and the journey of these women at a unique time in the history of criminal justice and evolution of women in the workplace. Implications for criminal justice, advice for current and aspiring women working in the field, and the nature of the experience for women in criminal justice are discussed.