A decade on the court: The First Amendment jurisprudence of Justice Antonin Scalia

After a decade on the United States Supreme Court the time is ripe to examine Associate Justice Antonin Scalia's First Amendment jurisprudence, especially as it relates to freedom of expression and freedom of the press. This article analyzes Justice Scalia's opinions as a judge and justice as well as his scholarly writings. Collectively they reveal a clear pattern of a justice who follows a judicial approach grounded in originalism, textualism, majoritarianism, deference to the legislative branch, and traditionalism. While this approach sometimes produces opinions Seemingly in conflict with Justice Scalia's “conservative” image, close analysis reveals the consistent and close application of a coherent judicial philosophy.     

Rosemary west: Motives and meanings

Abstract

This article originally appeared in Trouble and Strife (Winter 1996/97, pp 44-52) and is reproduced, by kind permission of the original publishers, as Deborah Cameron's thought-provoking analysis of the Rosemary West case is felt to deserve a wider audience.

In the article, Deborah Cameron reports that feminists were mostly silent about the Rosemary West case in spite of having an analysis of sex crime, because female perpetrators of sexual murder seemingly did not fit that analysis. She argues, however, that female sexual murderers can be understood within a feminist framework. Identifying Rosemary West as one of only a handful of female sexual murderers, Cameron theorises that Rosemary and Fred West, like other sexual murderers, were constructing a form of identity based on sexual transgression and existential transcendence, perhaps as a strategy for dealing with their own history of abuse. What Cameron also provides us with is an explanation for why sexual murderers are overwhelmingly male, an analysis based on an understanding of the context of patriarchy.     

The composite approach: Research design in the context of war and armed conflict

Researching in contexts affected by armed conflict presents many challenges beyond those normally encountered by social scientists. Focusing on these special difficulties has, in the past, often obstructed the task of understanding the methods that are applicable to situations of armed conflict. This paper aims to suggest a means of rectification. First, it introduces some of the particular issues that relate to field research under conditions of armed conflict and, second, it suggests a possible strategic approach to mitigating these. Overall, it is argued that a creative combination of different methods and techniques, broadly termed 'the composite approach', represents the most effective way of dealing with the challenges that working in a conflict-affected situation presents.     

Latin America's Left Turns: beyond good and bad

In rapid succession leftwing parties have been elected to government in some of the most important countries in the Latin American region. I challenge the view that there are two distinct variants of the left—one populist, the other social democratic—and argue that variation on the left reflects the diverse conditions under which these forces emerge and evolve. I outline common features shared by the left in Latin America; suggest how the concept of populism and analysis of social movements can help explain this variation; and show how the left's commitment to egalitarianism, balancing markets, and, in some cases, its appeals to the constituent power of the people enabled it to benefit from disillusionment with the results of neoliberalism, the poor performance of democratic governments in Latin America, and the evolving international context.     

Notes on contributors

Despite the apparent virtues of UN sanctions in terms of legitimacy and universality, attention in recent years has focused on their questionable achievements and adverse consequences. In particular, the cost of imposing sanctions is unevenly spread, while comprehensive measures harm the civilian population in the target and spare those responsible for the offending policies. This article discusses the merits of UN sanctions in the context of the membership and practice of the Security Council and looks closely at flaws in sanctions programmes and in their administration. Experience suggests careful review of alternative means of pressure as well as reform of existing procedures.     

An Economic Bridgehead: Weimar Germany's Attempt to Mediate Between Soviet Russia and the United States

Between 1919 and 1926 Weimar Germany pursued a foreign policy that sought to place Germany in a position to mediate between Soviet Russia and the United States. In particular, Berlin was eager to act as a mediator in the economic and commercial relations between these two powers. Germany hoped that such a policy would align it with two Powers that, like itself, were hostile to the Versailles order. Berlin also hoped that such a relationship would contribute to German postwar economic recovery and thereby to Berlin's re-emergence as a Great Power in the aftermath of its defeat in 1918. This policy culminated in 1925–1926 with Berlin's efforts to arrange for American financing of a 300 million Mark credit to the Soviet Union. Ultimately this and other efforts failed as result of Germany's own financial weakness, Washington's refusal to cooperate with Berlin's initiatives, and the nature of the Soviet economic system.     

The history of devolution of powers to local authorities in South Africa: The shifting sands of state control

Urban waste services in Portugal have historically been provided together with other services, such as the water services. Despite the lack of discussion on this subject in the literature, some questions have been raised about the gains, in terms of efficiency, of this policy. Following a recent and robust partial nonparametric frontier model, based on order-α, we intend to evaluate the presence of economies of scope in the Portuguese waste sector. Furthermore, we also estimate the economies of scale using the traditional data envelopment analysis. The results show the absence of economies of scope between waste and water (and wastewater) services. In addition, we identify the presence of economies of scale in smaller municipalities. These outcomes might be useful for policy and decision makers in further reforms.