Walter Benjamin and the Re-Imageination of International Law

Drawing on the work of Walter Benjamin, Harold Bloom, and Theodor Adorno this article proposes the re-imageination of international law as a ‘pure means’ of representation rather than a means of exercising control over the world.     

Copyright in Inanimate Characters: The Disturbing Proliferation of Microworks and the Negative Effects on Copyright and Free Expression

In its September 2015 decision in DC Comics v. Towle, the United States Court of Appeals for the Ninth Circuit recognized the existence of a copyright for inanimate characters. The court held that the Batmobile – a fictional car driven by a fictional superhero – was an independently copyrightable work. This article explores the problems with the Ninth Circuit's analysis and argues that increasing copyright protection for what the authors call “microworks” is misguided and harms First Amendment interests.     

The Settlement of Disputes in International Law: Institutions and Procedures

Netherlands International Law Review -     

What Difference Does a Robe Make? Comparing Mediators with and without Prior Judicial Experience

This article reports the results of two studies. The first study, based on the responses of attorneys to questions about the reasons for the success of mediators with and without prior judicial experience, shows that the capacity of the mediator to gain the confidence of the disputants was most important for mediators with and without prior judicial experience. Although certain process skills were viewed as important to the success of both former judges and nonjudges, in general, process skills were significantly more important for nonjudges than for former judges. The capacity to provide useful case evaluations, on the other hand, was significantly more important for former judges than for nonjudges. The second study, based upon attorney responses to questions about unsatisfactory mediators, reinforced the conclusions of the first study regarding the importance of confidence-building attributes. For both judges and nonjudges, the mediator's inability to gain the confidence of the parties was a major reason for his or her lack of success.     

Clearer Cues,More Consistent Voters: A Benefit of Elite Polarization

Scholars typically argue that elite polarization has only negative consequences for American politics. I challenge this view by demonstrating that elite polarization, by clarifying where the parties stand on the issues of the day, causes ordinary voters to adopt more consistent attitudes. Scholars have made such claims in the past, but because only observational data has been available, demonstrating a cause-and-effect relationship has proven to be difficult. I use original experiments to verify that there is a small but significant causal link between elite polarization and voter consistency. These findings have important normative implications for our understanding of the consequences of elite polarization, the role of political parties in a modern democracy, and the standards scholars use to assess citizen competence and participation.     

Sex,gender, and promotion in executive office: Cabinet careers in the world of Westminster

This article provides the first analysis of gendered promotion issues for cabinet ministers using most-similar systems design for three “Westminster-style” governments: Australia, Canada, and New Zealand. Using individual-level data and controlling for biographical, institutional, and country effects we find, in common with earlier literature, that women are more likely to be given less prestigious cabinet posts and be assigned to “feminine” portfolio. Using both sequence and event history analysis, we see the careers of men and women starkly diverge. We find that women are less likely to be promoted than men but find no relationship between prestigious portfolio and promotion. However, feminine portfolio assignments decrease the promotion prospects for women yet increase them for men.     

Local supply,temporal dynamics,and unrealized potential in teacher hiring

We explore the dynamics of competitive search in the K–12 public education sector. Using detailed panel data on teacher hiring from Boston Public Schools, we document how teacher labor supply varies substantially across vacancies even within a single district depending on position type, school characteristics, and the timing of job postings. We find that early-posted positions are more likely to be filled and end up securing new hires that are better qualified, more effective, and more likely to remain at a school. In contrast, the number of applicants to a position is largely unassociated with hire quality, suggesting that schools may struggle to identify and select the best candidates even when there is a large pool of qualified applicants. These patterns persist even when we restrict comparisons to only positions within an individual school using school fixed effects. Our findings point to substantial unrealized potential for improving teacher hiring.