Use the Purpose by Which All May Benefit: The Semiotics of ‘Public Use’

This paper applies semiotic analysis to issues arising from the recent Supreme Court decision of Kelo v. City of New London [545 U.S.469] (2005). The author uses the tools of semiotics to explore the evolution of language and speech and their relationship to the terms, “private property” and “public use” as used by the Supreme Court and the general public in the years leading up to the Kelo decision. This paper will first provide an overview of the field of semiotics, describing the prevailing thought and the methods utilized by semioticians to find meaning. Second, the tools of semiotics will be applied to Supreme Court cases, beginning with Bauman v. Ross [167 U.S. 548] (1897) and continuing to Kelo v. City of New London. Utilizing these tools, the author will show how, within the span of approximately 100 years, the speech of the court has affected the language of legal discourse. The signs to which both Bauman and Kelo seek to attach meaning are found in the Fifth Amendment to the US Constitution, which provides, in relevant part, “…nor shall private property be taken for public use, without just compensation.”(emphasis added) (U.S. Const. Amendment 5). This dialectic activity resulted in the development of two different languages. One was used by the layperson, whereas the other was found in relevant legal/political institutions such as the US Supreme Court. This paper will focus on the fundamental change in the meaning of the sign/expression “public use.”     

Do Primaries Improve Electoral Performance? Clientelism and Intra‐Party Conflict in Ghana

We consider the effect of legislative primaries on the electoral performance of political parties in a new democracy. While existing literature suggests that primaries may either hurt a party by selecting extremist candidates or improve performance by selecting high valence candidates or improving a party’s image, these mechanisms may not apply where clientelism is prevalent. A theory of primaries built instead on a logic of clientelism with intra‐party conflict suggests different effects of legislative primaries for ruling and opposition parties, as well as spillover effects for presidential elections. Using matching with an original dataset on Ghana, we find evidence of a primary bonus for the opposition party and a primary penalty for the ruling party in the legislative election, while legislative primaries improve performance in the presidential election in some constituencies for both parties.     

From Fistfights to Firefights: Trait Aggression and Support for State Violence

Aggression is a fundamental component of human behavior, yet is mostly absent from scholarship on mass political behavior. This study proposes and tests a theory of state violence attitudes in which citizens develop preferences from aggressive personality traits. In an original nationally-representative survey, trait aggression strongly predicts support for violent state policies, as does its subcomponent trait anger, rivaling the power of partisanship. More provocatively, the well-documented gender gap in state violence attitudes replicated here is not attributable to sex differences in aggressive personality. This work builds on recent advances in political personality research and highlights the important role of aggression in political behavior.     

A push or a punch: distinguishing the severity of sibling violence

Sibling violence is the most prevalent and least studied form of family violence, and little research has examined differences based on severity. This research examines more severe versus less severe forms of sibling violence. Using a subsample of married couples with two or more children ages 0 to 17 drawn from the 1976 National Survey of Physical Violence in American Families, the authors employ Conflict Tactics Scale items for child-to-child conflict to construct a measure of sibling violence severity. Drawing from several theoretical perspectives on family violence and peer aggression, the authors analyze the impact of macro-system variables, family stress and resources, and family subsystems on less severe and more severe sibling violence. Contextual factors are most important in explaining less severe sibling violence. Experience of parental violence and unpredictability are individual factors relevant to severe sibling violence. More research is needed to examine the etiology and impact of different forms of sibling violence.     

The Relationship of Chronological Age, Age at Injury, and Duration of Injury to Employment Status in Individuals with Spinal Cord Injury

Employment status following spinal cord injury (SCI) has important implications for financial and psychosocial well-being. Several age-related variables-in particular chronological age, duration of SCI, and age at SCI onset-have been identified as being associated with employment among individuals with SCI. Cross-sectional investigations of this topic are complicated by methodological and statistical issues associated with aging and disability. The purpose of the current study was to examine the associations between three aging variables and employment status in individuals with SCI through a series of regression analyses. Six hundred twenty individuals with SCI completed a survey that included measures of demographic characteristics, pain, psychological functioning, physical functioning, fatigue, and sleep. The results indicated that chronological age and age at SCI onset were significant predictors of employment status. A significantly greater proportion of individuals aged 45-54 were employed compared to those aged 55-64 even after controlling for biopsychosocial variables. Additionally, there was a negative linear relationship between percent employed and age at SCI onset, and this relationship was not accounted for by the biopsychosocial variables. The analyses used in this study provide one method by which to disentangle the effects of different age-related variables on important SCI outcomes in cross-sectional research. Continued research in this area is needed to better understand age-related effects on employment status, which could be used to help maximize the quality of life in individuals with SCI.     

Further observations on the speed of death in hanging

Given that most fatal hangings are suicidal and occur in locations that have been selected to conceal this activity (thus maximizing the chances of a lethal outcome), there has been very little corroboration of the speed with which unconsciousness and death may occur. A 35-year-old male is reported who committed suicide by hanging immediately after talking to his spouse. Police investigations confirmed her reliability as a witness indicating that lethal anoxia in this case had occurred within a very short time (most likely in less than 1 min) of suspension. The speed with which death may result from hanging not only gives an insight into fatal pathophysiological mechanisms, but also provides useful information for situations where a lethal outcome is to be avoided, or is not intended. For example, individuals at risk of suicide who are being monitored in institutional facilities need to be constantly under direct visual surveillance as significant hypoxia can be rapidly induced, parents and caregivers with infants and children in potentially unsafe sleeping environments need to realize how swiftly death or irreversible anoxic brain damage may occur from neck compression, and those who engage in recreational asphyxia should be informed just how quickly a fatal outcome may ensue.     

Ginsberg: Under the World

Liverpool Law Review -