Term Limits and Pork

We describe a model of electoral selection and legislative policy choice that explores the effects of term limits on legislative spending. In the model, self‐interested voters in a collection of districts prefer representatives who deliver pork over representatives who maximize aggregate social welfare. Term limits can, in some cases, inhibit voters from selecting representatives who deliver particularistic benefits, and, in these cases, term limits reduce pork spending. On the other hand, when pork is extremely socially inefficient, representatives who want to deliver pork to their districts have incentives to refrain from doing so to reduce future pork in other districts. In this scenario, term limits actually prevent legislators from promoting future spending moderation and thus paradoxically increase pork spending.     

Governing Terror: The State of Emergency of Biopolitical Emergence

This paper argues that western security practices are as biopolitical as they are geopolitical. Explaining that biopolitical security practices revolve around "life" as species existence, the paper explores how biopoliticized security practices secure by instantiating a general economy of the contingent throughout all the processes of reproductive circulation that impinge upon species existence. For this reason, "Governing Terror" does not merely reference the massive global security effort that is now devoted to governing terror. It observes how western security practices are themselves now also governed by a widespread fear of terror. It locates that fear in the way that western biopolitics has long adopted "the contingent" as its principle of formation. Here, "the real" is understood and experienced differently, as a general economy of emergence: "life" understood as constant nonlinear adaptation and change. The paper concludes that the state of emergency, which governs western politics of security at the beginning of the twenty-first century is not that of Carl Schmitt or Giorgio Agamben. The state of emergency which governs western security politics is the emergency of emergent life itself.     

Toxic Torts,Politics, and Environmental Justice: The Case for Crimtorts*

The borderline between criminal and tort law has been increasingly blurred over the past quarter century by the emergence of new “crimtort” remedies which have evolved to deter and punish corporate polluters. Punitive damages, multiple damages, and other “crimtort” remedies are under unrelenting assault by neo‐conservatives principally because, under this paradigm, the punishment for wrongdoing can be calibrated to the wealth of the polluter. If wealth‐based punishment is eliminated by the “tort reformers,” plaintiffs’ victories in crimtort actions such as those portrayed in the movies Silkwood, A Class Action, and Erin Brockovich will become an endangered species.     

CLUMSY SOLUTIONS FOR A COMPLEX WORLD: THE CASE OF CLIMATE CHANGE

Successful solutions to pressing social ills tend to consist of innovative combinations of a limited set of alternative ways of perceiving and resolving the issues. These contending policy perspectives justify, represent and stem from four different ways of organizing social relations: hierarchy, individualism, egalitarianism and fatalism. Each of these perspectives: (1) distils certain elements of experience and wisdom that are missed by the others; (2) provides a clear expression of the way in which a significant portion of the populace feels we should live with one another and with nature; and (3) needs all of the others in order to be sustainable. ‘Clumsy solutions’– policies that creatively combine all opposing perspectives on what the problems are and how they should be resolved – are therefore called for. We illustrate these claims for the issue of global warming.     

A Longitudinal Analysis of Japanese Crime From 1926 to 1987: The Pre-War,War, and Post-War Eras

This study examines Japanese crime trends and explores an area rarely investigated by researchers. By focusing on relationships between penal code offenses known to the police and population growth in Japan over the last six decades, it is possible to gain further insight into Nihon's (Japan's) low crime figures. In addition, the paper compares Japanese and American crime rates for selected offenses. The findings support previous research that identified low levels of crime in Japan. During the 62 year period included in this study, population and population density increased considerably in Japan, but crime rates, after fluctuations immediately before and after World War II, dropped significantly. On the average, total penal code offenses, homicide, and arson were greater during the pre-war years, and rape, robbery, and all felonies, as a composite, were higher in the post-war era.