Price v. Time Revisited: The Need For Medium-Neutral Shield Laws In An Age Of Strict Construction

Journalists were alarmed when, in 2005, the United States Court of Appeals for the Eleventh Circuit denied shield-law protection to Don Yaeger, an investigative reporter for Sports Illustrated, in a libel suit by fired football coach Mike Price. Yaeger is a journalist, and Alabama's shield law offers absolute protection even when a journalist is a party to a case. The court's decision turned on the fact that Alabama's seventy-three-year-old statute does not include the word “magazine.” This article shows that this hole in the “covered medium” language of Alabama's statute is not uncommon among the nation's thirty-six shield laws and that the Eleventh Circuit's strict reading of the statute's text is not at odds with current trends in statutory interpretation. Those two facts, combined with the rise of the Internet as an important vehicle for journalism, suggest the time is ripe to scrutinize and modernize shield laws, some of which have been on the books for more than a century.     

Distributional effects of dollarisation: the Latin American case

Over the past two years Ecuador, El Salvador and Guatemala have adopted the US dollar as a legal currency in their countries. Several other Latin American countries, including Argentina, are currently discussing dollarisation. In this policy paper we look at the existing evidence for answers to two basic questions. First, under what general circumstances might dollarisation make sense? Second, are there clearly differentiated winners and losers from dollarisation and, if so, can we identify them, so that policy can take these political economy factors into consideration? Our review of the evidence demonstrates that there are consistent patterns of distributional effects, both positive and negative, from the choice of exchange rate regime. These effects are presently not considered in exchange rate policy decision making, but should be. While the effects are not as pronounced as those from major trade liberalisation agreements, they are significant. Ways to cushion the effects of exchange rate regime choice should be considered in the future by policy makers. Moreover, we find that dollarisation is embedded in the politics of the region. Dollarisation is often sold as a substitute for the deeper institutional reforms needed to improve economic performance and distribution in Latin America.     

The International Finance Corporation and the emerging market funds industry

Linking the world’s core equity markets with semi-peripheral and peripheral equity markets has been a fundamentally different process from linking core markets with each other. International financial institutions have played a larger role in core‐periphery equity market integration, and issues of corporate governance assume greater importance in the core‐periphery cases. Illustrating these differences, this article considers the creation of the Korea fund, one of the early country funds in an emerging market promoted by the International Finance Corporation (IFC). The case shows that increasingly sophisticated financial instruments, like country funds, alter the structure of the international financial system in such a way as to reposition governments in developing market economies with respect to their domestic financial systems; allow for some international capital inflows without loss of corporate control; and make diversification possible for a transnational class of investors. Moreover, the article proposes that international financial institutions like the IFC can alter the structural context of a particular market within which various financial actors later strike deals. In the light of the process of coalition building elaborated here, the article reserves a role for considerations of both multilateralism and a state’s position in the world system in a body of literature heavily concentrated on state-level political activity.     

At work in the temple of science: theory-building in the university

This paper develops a metaphor that shows academia as a temple of science where acolytes and priests devote themselves to building and developing an arcane lore that supports their faith. Though a somewhat strained metaphor, its heuristic value will become clearer when illustrated by lessons drawn from the sociology of knowledge. Through these lessons, I will attempt to demonstrate that the university setting has inexorably influenced the theories that have developed there, particularly in contributing to the perception of a gap between theory and practice that an applied, problem-solving field such as public administration can ill afford.     

The Responsible Migrant,Reading the Global Compact on Migration

Law and Critique - In 2016, the international community, in reaction to the growing number of ‘tragedies’ occurring as people attempted to move across borders, met to discuss large...     

Who Votes for the Future? Information,Expectations, and Endogeneity in Economic Voting

Voters’ four primary evaluations of the economy—retrospective national, retrospective pocketbook, prospective national, and prospective pocketbook—vary in the cognitive steps necessary to link economic outcomes to candidates in elections. We hypothesize that the effects of the different economic evaluations on vote choice vary with a voter’s ability to acquire information and anticipate the election outcome. Using data from the 1980 through 2004 US presidential elections, we estimate a model of vote choice that includes all four economic evaluations as well as information and uncertainty moderators. The effects of retrospective evaluations on vote choice do not vary by voter information. Prospective economic evaluations weigh in the decisions of the most informed voters, who rely on prospective national evaluations when they believe the incumbent party will win and on prospective pocketbook evaluations when they are uncertain about the election outcome or believe that the challenger will win. Voters who have accurate expectations about who will win the election show the strongest relationship between their vote choice and sociotropic evaluations of the economy, both retrospective and prospective. Voters whose economic evaluations are most likely to be endogenous to vote choice show a weaker relationship between economic evaluations and their votes than the voters who appear to be more objective in their assessments of the election. Economic voting is broader and more prospective than previously accepted, and concerns about endogeneity in economic evaluations are overstated.     

“The Higher You Fly,the Further You Fall”: White-Collar Criminals, “Special Sensitivity” and the Impact of Conviction in the United Kingdom

The resilience of some high-profile white-collar criminals in the media gaze after prison may lead some to conclude, particularly as some research also supports this notion, that this group of offenders generally manages well after conviction. Research in this area is, however, small and largely American. The authors seek to add to this small body of research by offering findings on the impact of conviction on 17 UK convicted white-collar criminals after completion of their sentence. It provides a unique insight into the consequences of conviction, showing that although there were some offenders who did experience limited impact and coped well, there was also a significant group who suffered a decline in status, financial losses, negative media coverage, and relationship and mental health problems, to name some. The authors argue more research is needed on this group and their needs as they are often neglected by the criminal justice system.