Aerial Bombing and Counterinsurgency in the Vietnam War

Aerial bombardment has been an important component of counterinsurgency practice since shortly after it became a viable military technology in the early twentieth century. Due to the nature of insurgency, bombing frequently occurs in and around settled areas, and consequently it tends to generate many civilian casualties. However, the effectiveness of bombing civilian areas as a military tactic remains disputed. Using data disaggregated to the level of the smallest population unit and measured at multiple points in time, this article examines the effect of aerial bombardment on the pattern of local control in the Vietnam War. A variety of estimation methods, including instrumental variables and genetic matching, show that bombing civilians systematically shifted control in favor of the Viet Cong insurgents.     

Harm,Consent and the Limits of Privacy

Within the context of U.K. law, the right to respect for private life, articulated in Article 8 of the European Convention on Human Rights, and acknowledged more opaquely in domestic legislation and case law, is one whose scope is unclear. Nowhere is this brought into sharper relief than in cases where conduct which manifests a person’s sexual identity, or concerns her intimate relations with others, is prima facie criminal. In this essay I attempt, through a discussion of cases in which injury is caused in the context of relationships experienced inter-subjectively as private, to explore the contexts in which the law is prepared to legitimate that inter-subjective experience, and where it is not. Using cases in which injury has been caused purposively (in S/M sex), and incidentally (through the reckless transmission of HIV during sexual intercourse), the essay argues that the law is prepared to respect the right to respect for private life only in so far as the private life concerned is one which reinforces traditional gender roles and relationship types; in short, a life that one would be prepared to live publicly.     

Preferential Policies and the Blurring of Ethnic Boundaries: the Case of Aboriginal Australians in the 1980s

I argue against the commonly held view that ethnically based preferential policies consistently lead to the construction of well-defined boundaries between collectivities. Using a statistical study of Australia as a case, I demonstrate that preferential programs, under certain conditions, may blur the boundaries between groups. This trend is reflected in the growing number of individuals in the early 1980s who chose to claim an Aboriginal identity in Australian states that increasingly recognized indigenous land claims.
In order to account for the sometimes-divergent effect of ethnically based preferential policies on the divisions between ethnic groups, I focus on the key factor of security. I contend that programs that favor dominant ethnic groups tend to increase the feelings of vulnerability among weaker collectivities and encourage inter-group polarization. In contrast, preferential policies for subordinate groups offer reassurances to previously threatened communities and frequently encourage the crossing of ethnic boundaries.     

The Present and Future Fiscal Problems of the Two New Yorks: What Happened This Time

The state and city of New York have chronic fiscal difficulties, namely, expenditures that tend to exceed revenues by significant amounts. The deficits were moderate in the 1980s but have become large and acute in the 1990s as the state and city economies have been in a prolonged recession. Deficits are expected to continue well into the future. Supply side factors, particularly high wage levels, are the main causes of the state's deficits. For the city, supply side factors, particularly high employment, and demand side factors are main causes. Federal aid reduction is a minor cause. The city's fiscal condition is compared with that of the thirty other largest U.S. cities in a regression analysis which updates Gramlich's analysis of the period immediately before the famous New York City fiscal crisis of 1975.     

Trusts for Religious Purposes and the Question of Public Benefit

It is a well‐established principle that no trust may be regarded as charitable in law unless carrying out its purposes will benefit the public. Trusts for religious purposes have traditionally been presumed by courts to be for the public benefit. However, the presumption of public benefit will be removed from the law in early 2008 when section 3(2) of the Charities Act 2006 comes into force. At that time, two questions are likely to attract interest. First, to what extent, and in what ways, has the application of a presumption of public benefit assisted courts up to now? Secondly, without the assistance of the presumption, how might courts go about ascertaining whether the public will benefit in future cases? The article takes up these two questions with respect to trusts for religious purposes.