Fortitude,ultra and the ‘need to know’

E.T. Layton with R Pinneau and J. Costello, And I Was There. Pearl Harbor and Midway (New York: William Morrow), pp. 596, $19.95.

Donald A. Torres, Handbook of Federal Police and Investigative Agencies (Westport, Conn., and London: Greenwood Press, 1985), pp. 411, £49.95.

Ernest R. May (ed.), Knowing One's Enemies. Intelligence Assessment Before the Two World Wars (Princeton: Princeton University Press, 1984), pp. 561, $29.50 or £19.80 (cloth); $14.50 or £9.70 (paper).     

Whither Individualism?

Peter Lawler intelligently challenges conservatives to make the best of Lockean individualism, to recognize its natural limits and its debt to Christianity, and he downplays Tocqueville’s concern that a loss of virtue must lead to a rise in statism. But he does not see clearly enough that individualism and statism have always been two sides of the same coin, or that the Christian pedigree of Lockean individualism is not necessarily good news. It is true enough that individual liberty will always depend upon virtue, but it does not follow that liberty will always generate virtue. If the failure of virtue does not lead to statism, then where it does lead may still not be very pretty.     

A unified model of settlement and trial expenditures: The Priest–Klein model extended

Settlement and trial expenditures are crucially interrelated. The literature on settlement, however, takes no account of models of trial. In this paper, we develop a unified model of settlement and trial expenditures. We do this by discarding the usual assumption of settlement models that trial costs are constant across cases. Instead, we follow the literature on trial by permitting trial costs to vary with the legal merit of the plaintiff's case. Our approach can be used to extend standard models of settlement such as the well-known Priest–Klein model as well as models based on asymmetric information. As a demonstration, we extend the Priest–Klein model and generally overturn that model's canonical results. In particular, we show that even in a fully symmetric model, predicted win rates at trial can deviate substantially from 50 percent. Furthermore, win rates will vary in response to legal reforms that shift the decision standard.     

Making Monsters: The Polygraph,the Plethysmograph,and Other Practices for the Performance of Abnormal Sexuality

This article addresses the use of the polygraph, penile plethysmograph, and other practices for the management of sexual offenders as part of the ‘Containment Approach’, a strategy increasingly common in the United States which is, in part, being trialled in the United Kingdom. The polygraph has a tangled history with abnormal sexuality, as we describe in the context of homosexuality in the 1960s. We examine how these strategies target sex offenders as malleable in regard to sexual performances but also, through notions of risk management, paradoxically constitute offenders as fundamentally incurable and thus permanently risky. Using Foucault's notion of the ‘abnormal’, we investigate the implications of this risk management/ performance paradox. We conclude that it reveals a certain anxiety about the relationship between abnormal and normal sexual behaviour in contemporary sex‐offender management discourse, which can help explain the emergence of these practices.