Dr. Jekyll's waiver of Mr. Hyde's right to refuse medical treatment: Washington's new law authorizing mental health care advance directives needs additional protection

Mental health care advance directives are gaining popularity nationwide. Following a growing trend, the Washington State Legislature has recently passed a law allowing patients to draft mental health care advance directives that could be irrevocable. Patients who sign an irrevocable directive essentially waive their fundamental right to refuse treatment in the future. The United States Supreme Court has held that waivers of fundamental rights must be made knowingly, voluntarily, and intelligently. However, as passed, Washington's new law contains insufficient safeguards to guarantee such a waiver. This Comment proposes that the Washington State Legislature amend this law the require two additional protections: a "rights advocate" to explain the potential waiver of rights, and a written warning in the advance directive form. These safeguards will help ensure that patients make knowing and intelligent waivers of their fundamental right to refuse treatment.     

Migration,citizenship and race in Europe: Between incorporation and exclusion

Abstract. The article examines four recent studies, which represent the scholarly divisions in and the strengths and the weakness of current research on migration, citizenship and race in Europe and, to a lesser degree, the USA. Organising the review around three themes — the causes of post–war migration, integration and race, and the relationship between citizenship and state sovereignty, it reviews the studies in the context of broader debates about postnational citizenship, the decline of state sovereignty and the role of theory in the study of citizenship. It argues that the studies of postnationalism (Jacobson) and race and racism (Solomos & Back) suffer from faults common to macro–sociological approaches and unfocused attempts to blend normative theory and causal explanation, while the studies of integration (Favell) and citizenship, immigration and the state (Joppke) are exemplars of approaches that successfully pair an interest in theory with detailed causal analysis. The article concludes by suggesting that the debate between 'nationalists' and 'postnationalists' can now be transcended. Postnationalism, it concludes, contains two theses, not one: an empirical and a causal. The empirical thesis — that universal personhood has decoupled rights and identity – is incontrovertible; the causal — that this development resulted from the 'internationalisation' and 'universalisation' of human rights legislation and discourse — is, in the light of Joppke's and other's research, false. The sources of third–country nationals' social and economic status, the foundations of the distinction between rights and identity, are domestic.     

Do Ministers Do What They Say? Ministerial Unreliability, Collegial and Hierarchical Governments

This paper is concerned with the extent to which individual members of governments reliably implement the decisions of the governments to which they belong, a matter which is rarely discussed, if ever, and yet can be critical for the operation of national executives. After a general presentation of the problem, the paper examines the reasons why members of collegial governments are more likely to be reliable than members of hierarchical governments. As 'cabinet' governments tend to be more collegial while 'presidential' governments tend to be more hierarchical, unreliability seems also more likely to take place in presidential governments, to the extent that these are indeed hierarchical. Progress in this area has been hampered so far by the absence of a tight operational definition of collegial and hierarchical governments: such a definition is presented here, opening the way for the empirical testing of the impact which the distinction may have on the reliability of members of governments.     

The median voter model in public choice theory

The changing perception by public choice theorists about the relevance of the median voter model is a result of excessive extrapolation of the conclusions of theoretical models to the real world. Early in the 1970s the median voter model was often accepted as implying that the output produced in the public sector was what was most preferred by the median voter. This claim is excessive because the median voter model is only a model of demand aggregation under majority rule and has little to say about the supply side of the public sector. In the late 1970s many scholars identified several circumstances under which the model would not apply in theory, but these critiques of the model were often viewed as reasons to abandon the median voter model altogether. The model went from having excessive claims that made the model appear to be more powerful than it really is to excessive claims that made the model appear to be less powerful than it really is. These latter claims were often in response to the earlier claims rather than to the model, appropriately applied.Pointing out that the model might not be valid under some circumstances in no way implies that the model is never valid. In fact, this paper has reviewed strong arguments, both empirical and theoretical, suggesting that the median voter model is a good approximation of demand aggregation in the public sector for many issues. One paper will not change the opinions of public choice theorists on the median voter model. But the argument given here is that there is a large amount of theoretical and empirical evidence supporting the median voter model as a good foundation for the development of the theory of public sector demand. Once the overly ambitious claims that have been made for the model are set aside, the median voter model is in a good position to provide a base for the development of a theory of political structure that is analogous to the theory of market structure in economics.     

The crime control industry and the management of the surplus population

This essay examines what we are calling the ‘crime control industry’ and how the growth of such an industry relates to growing inequality and the need to ‘manage’ or ‘contain’ the ‘surplus population.’ Profits are a major moving force in this process, rather than the goal of reducing crime and suffering. An important component of this industry is the ‘prison industrial complex,’ one of the fastest growing industries in the U.S. Also included is a rapidly growing private security industry that includes private police and security guards, along with a growing supply of technology to aid in the ‘war on crime.’ Other components include drug testing companies, gated communities, and a booming gun industry. We conclude by outlining possible explanations for the growth of this industry.