Penal Excess and Surplus Meaning: Public Torture Lynchings in Twentieth-Century America

The most notorious lynchings that occurred in the United States between 1890 and 1940 involved publicity, crowds, ritual, and abnormal cruelty. Several hundred of these "public torture lynchings" took place, most of them in the Deep South. The author develops an interpretation that takes seriously the specific forms and discourses that lynchers and their supporters used to describe and justify these events—characterizing them as criminal punishments, albeit summary, informal ones that were shaped by a white supremacist culture and a politics of racial domination. An interpretation of the penal context and meanings of these public torture lynchings helps us understand their specific forms and their claims to legitimacy. The penal character of these lynchings increased the probability that they would be tolerated by local (and even national) audiences and thus made them a strategic form of violence in struggles to maintain racial supremacy. The author argues that a consideration of these events should lead us to revise our standard narratives about the evolution of modern punishments.     

Democratically consolidated,externally threatened,and NATO aligned: finding unexpected deficiencies in civilian control

It has long been presumed in the literature that consolidated democracies that face serious external threats or are NATO-aligned should feature strong, civilian control institutions and personnel. This study of Israel, India, Taiwan, Spain and Poland reveals otherwise. Utilizing biographical data compiled by the authors, we researched civilian personnel within each country’s defence ministry – the organizational hub of civil-military relations. Rather than finding evidence of strong civilian control, what we found instead were ministries with serious deficiencies: they did not have effective power; they failed to engage in defence planning or provide strategic guidance to the armed forces; they were led by military personnel and staffed by civilian employees not properly qualified to handle defence affairs. To explain these discrepancies, we argue that long-standing deficits in civilian expertise spur the delegation of ministerial defence positions to more knowledgeable officers. Comparisons are made with benchmark states that have achieved civilian ministerial control.     

Correction to: Frankenstein in Grozny: vertical and horizontal cracks in the foundation of Kadyrov’s rule

Asia Europe Journal - Many scholars have suggested that organized violence in Chechnya has ended, and that Russia’s Chechenization policy and Ramzan Kadyrov’s presidency deserve the...     

Does gang membership pay? Illegal and legal earnings through emerging adulthood*

Gang membership is believed to impede success in the legitimate economic market while simultaneously supporting success in the illegal market. We extend the study of the economic effects of gang membership by using a within‐ and between‐individual analytic design, decomposing gang membership into multiple statuses (i.e., entering a gang, continuously in a gang, leaving a gang, and inactive gang membership), examining legal and illegal earnings simultaneously, and accounting for factors endogenous to gang membership that may contribute to economic achievement. By using panel data from 1,213 individuals who participated in the Pathways to Desistance Study to conduct a multilevel path analysis, we find that active gang membership status is unrelated to legal earnings. Alternatively, entering a gang is associated with increased illegal earnings, attributable to changes in delinquent peers and drug use, whereas leaving a gang has a direct relationship with decreased illegal earnings. Our results indicate that the positive economic effect of gang membership (i.e., illegal earnings and total earnings) is short‐lived and that, on balance, the sum of the gang membership experience does not “pay” in terms of overall earnings.     

Sampling Increases Music Sales: An Empirical Copyright Study

The Supreme Court instructs that the most important consideration in analyzing fair use is the effect on the market for the original. Employing music sales data, this article presents evidence of digital sampling's effect on the sales of sampled songs. Our results indicate that a reassessment of fair use in the area of music sampling is needed since sales of sampled songs increased after being repurposed within new songs. These results are robust and highly statistically significant. Findings of this nature favor a judicial determination that sampling constitutes a fair use, even when considering the influence that a new work has on extant licensing markets for sample clearance. This article argues that the current sample–licensing market is a product of aberrant antisampling case law arising from a lack of relevant empirical data and nonutilitarian judicial opinions. As set forth herein, the goal of encouraging creative activity without hindering copyright owners’ capacity to financially gain from their work is served by implementing a limited presumption of fair use for sampling. The findings are further applicable outside of the fair use analysis, as the study is important in the private law when viewed through a law and strategy lens. Forward thinking music firms should reframe their approach by encouraging sampling of their works to secure cost‐free advertising and achieve a competitive advantage.