The Impact of Transformations in National Cultural Identity upon Competing Constitutional Narratives in the United States of America

Shifts in the national cultural identity of the US have been reflected in shifts in the US?? dominant constitutional narratives. For the United States, ??inter-legality?? has been less a matter of dealing with alternative non-state legal narratives than of contending with constantly arising and competing narratives about the ??correct?? nature of the ??official?? legal order of the state. The US Supreme Court has claimed to have the ??last word?? in resolving these arguments but because that Court is so often sharply divided and because the Court membership and the nature of its ??last words?? changes so often, where a significant element of the society seeks to advance its ideas and interests, it will often do so in legal and constitutional terms. As the national culture undergoes changes, a competing constitutional narrative may gain ground and even ultimately prevail, at least for a time, and achieve Supreme Court ??endorsement?? for its claims.     

Effects of Aluminum Foil Packaging on Elemental Analysis of Bone,

Burned skeletal material is often very fragile and at high risk for fragmentation during packaging and transportation. One method that has been suggested to protect bones in these cases is to carefully wrap them in aluminum foil. Traces of aluminum, however, are known to transfer from foil packaging materials to food products. If such transfer occurs between aluminum foil and bones, it could interfere with subsequent chemical, elemental and isotopic analyses, which are becoming more common in forensic anthropological investigations. This study examined aluminum levels in bones prior to and following the use of aluminum foil packaging and storage for a 6‐week period. Results indicate no significant change in the detected levels of aluminum (p > 0.05), even when packaged in compromised foil and exposed to elevated temperatures. Aluminum foil can therefore continue to be recommended as a packaging medium without affecting subsequent chemical examinations.     

The creation of neo-liberal corporate bias in transnational medicines control: The industrial shaping and interest dynamics of the European regulatory state

Abstract. Drawing on the political theories of corporatism, neo–liberalism and pluralism, and on comparative empirical research in Brussels, Germany, Sweden and the UK, this article conceptualises the nature of Europeanised medicines regulation. It argues that a marketisation of regulation has been established in the European Union as a result of competition between national regulatory agencies for 'regulatory business' from the pharmaceutical industry. In the pharmaceuticals sector the Europeanised regulatory state is a product of three key factors: (a) the European Commission's commitment to an 'efficiency' regime which would meet the political objectives of a single European market and the commercial agendas of transnational pharmaceutical companies, (b) the endemic corporate bias associated with medicines regulation in the most influential member states, and (c) the considerable success of neo–liberal politics across a number of major member states, including Germany, Sweden and the United Kingdom.     

The failure of a liberal peace: Sri Lanka's counter-insurgency in global perspective

The victory by the Sri Lankan government over the LTTE in 2009 apparently ended over 25 years of civil war. However, the ramifications of the government's counter-insurgency go far beyond Sri Lanka's domestic politics. The military campaign against the LTTE poses a significant challenge to many of the liberal norms that inform contemporary models of international peace-building—the so-called ‘liberal peace’. This article suggests that Sri Lanka's attempts to justify a shift from peaceful conflict resolution to counter-insurgency relied on three main factors: the flawed nature of the peace process, which highlighted wider concerns about the mechanisms and principles of international peace processes; the increased influence of ‘Rising Powers’, particularly China, in global governance mechanisms, and their impact on international norms related to conflict management; and the use by the government of a discourse of counter-terrorism and counter-insurgency to limit international censure. The article concludes that the Sri Lankan case may suggest a growing contestation of international peace-building norms, and the emergence of a legitimated ‘illiberal peace’.     

Incomplete Clearinghouse Mandates

In the 2007–08 financial crisis, over‐the‐counter (OTC) derivatives triggered the collapse of colossal financial institutions. In response, global policy makers instituted clearinghouse mandates. As a result, all standardized OTC derivatives must now use clearinghouses, and global financial market stability now depends upon these institutions. Yet certain underlying legal and regulatory structures threaten to undermine clearinghouse stability, particularly were a significant clearinghouse to become distressed. This article argues that the clearinghouse mandates are incomplete in that they fail to reform these problematic arrangements. As with electric utilities, the lights at the financial market infrastructures known as clearinghouses must always be on. Yet the legal frameworks for handling a distressed clearinghouse, the problem of clearinghouse recovery, and resolution, remain uncertain. This article advances debate on this issue. It argues that recovery, a private market restructuring process, can be conceptualized as a bargaining game dependent upon time‐critical cooperation between a clearinghouse and members. This article uses transaction cost economics to demonstrate, however, that certain underlying legal and regulatory structures could work at cross‐purposes to this necessary cooperation, and actually increase its cost. Based upon this analysis, it proposes reforms designed to ensure that parties’ incentives promote efficient recovery. In the absence of efficient recovery frameworks, the path of a distressed, significant clearinghouse is likely to resemble that of the government‐backed mortgage lenders whose fate more than ten years after their entry into conservatorship remains uncertain. This article aims to help avoid a repeat of this history.     

Rational choice attitudinalism?

This essay reviews Epstein, Landes, and Posner’s The Behavior of Federal Judges: A Theoretical and Empirical Study of Rational Choice. Their book systematically asks how the role of ideology varies across the tiers of the federal judicial hierarchy. A major finding is that the impact of ideology increases from the bottom to the top of the judicial hierarchy. Their typical methodology formulates an ex ante measure of judicial ideology such as the political party of the appointing president, and demonstrates that this measure correlates with later judicial behavior, often voting on case dispositions. Along the way, they investigate a multitude of topics, including some quite under‐explored ones. We argue that ELP’s theory is only weakly connected to their empirical practice, for the latter focuses on the role of ideology in judging while the former says almost nothing about that relationship. In fact, though, their empirical practice does embed a theory of law and ideology, but one quite different from that suggested by the book’s rhetoric. In the penultimate section of the essay, we explore this disconnection between ELP’s theory, practice, and interpretation. Its origin (we argue) lies in an extremely thin conceptualization of law. We conclude with the issue posed in ELP’s final chapter, “The Way Forward,” but suggest a rather different path.     

Substance use among African American adolescents in the Midwest

The purpose of this article is to examine the attitudes and substance use behaviors of African American adolescents living in the Midwest. A baseline survey was administered to 463 African American teens between the ages of 11-19. The article examines the relationship between attitudes toward drugs and drug-using behavior in this African American sample. Drug use will be compared to national drug use norms established by the Youth Risk Behavior Surveillance Survey. Overall participants had fairly negative attitudes toward drugs. Sixty percent of the sample reported that they were committed to a drug-free life, 74% had made a decision to stay away from marijuana, 79% reported making a decision not to smoke cigarettes, and 71% reported they would not get drunk in the next year. Females were more likely to stay away from marijuana than males. In this current study there is cause for alarm; participants reported higher percentages of ever smoking cigarettes and marijuana than the Youth Risk Behavior Surveillance Survey. This study shows there is a need to provide substance abuse prevention programs for African American adolescents. Limitations and future directions are also discussed.