Critique of Schuker “J.M. Keynes and the Personal Politics of Reparations”

In “J.M. Keynes and the Personal Politics of Reparations,” Parts I and II, published in Diplomacy and Statecraft (2014), the American historian Stephen Schuker claims that Keynes’ scientific arguments against the policy of reparations were distorted by both political passion and his emotional attachment to the German banker, Dr. Carl Melchior. He provides no evidence for this argument, and Keynes’ analytic positions emerges without reference to either.     

Aleksandr Dugin and the ideology of national revival: Geopolitics,Eurasianism and the conservative revolution

This article examines the emergence of Aleksandr Dugin as the leader of the Eurasian Movement and later Party in Russia. For much of the 1990s Dugin was a prominent intellectual among the Russian nationalist‐communist opposition, moving from the position of ideologue of a fringe political party ‐ Edvard Limonov's National Bolsheviks — to advisor to the communist speaker of the State Duma, Gennadiy Seleznev. Dugin's ideology combined an anti‐Western interpretation of geopolitics with mysticism, Aryanism, conspirology, authoritarian statism and Eurasianism. Dugin's expanding set of Internet sites became an ideological empire of a virtual society. In 1999, in the aftermath of the NATO intervention in Yugoslavia, Dugin saw an opportunity to move from the marginal opposition to the ideologue of the post‐Yeltsin president. In this capacity, Dugin and his Eurasian Movement emerged as prominent supporters of Vladimir Putin, whom Dugin identified as the embodiment of the ‘Eurasian capitalist’ model of statist development. Dugin developed a close working relationship with Gleb Pavlovsky, a spin doctor for Putin's Kremlin. In the aftermath of 11 September and Putin's move towards supporting the United States in the war on terrorism, Dugin has continued his nominal support for the president, even as he has criticized his pro‐Western policies as anti‐Eurasian and a threat to Russian interests.     

Adolescent Participation in Structured and Unstructured Activities: A Person-Oriented Analysis

The current study used a person-oriented approach to examine the participation of adolescents in both constructive, organized activities as well as relaxed leisure activities. The goal of this research was to identify different profiles of involvement in activities and the relations to psychosocial indicators for these differing groups. Activity profiles were created using cluster analytic techniques for 918 adolescents' responses in 11 activity domains. The groups were found to be both statistically and substantively unique and consistent with findings from previous research. Further, the groups showed meaningful and consistent differences across a range of psychosocial indicators, including academic performance, problem behavior, and mental health. Results indicated that adolescents' activity involvement was related to their psychological and behavioral functioning and that the profiles of participation across activity settings provide a more holistic view of teens' choices than do single variable models.     

Stepping Up to the Plate: Minor Leaguers Attempt to Remedy their Unconscionable Plight

Professional baseball players are often thought of as making multi-million-dollar salaries, but most professional baseball players have recently made under $15,000 a year. Minor league players toiled under an onerous system resulting from baseball's judicially created antitrust exemption and lobbying efforts that exempted them from minimum wage and overtime. These factors allowed teams to impose a uniform player contract (UPC) on players with numerous unconscionable provisions for years. However, a late-night Tweet in August of 2022 sent shockwaves through the sports and labor world, announcing that the Major League Baseball Players Association (MLBPA) was sending out authorization cards to represent minor league players. After years of fighting to maintain the authority to impose conditions on minor league players, through lobbying and litigation, Major League Baseball (MLB) turned over a new leaf and recognized the unionization of minor league players under the MLBPA less than three weeks later. In light of this long sought-after recognition, this article takes a novel approach. First, it provides historical context for baseball's unique ability to impose working conditions on minor leaguers without significant concern for legal ramifications. Second, it provides an overview of the doctrine of contractual unconscionability and analyzes the prior UPC as an unconscionable agreement. Finally, it details the historic unionization process and makes detailed recommendations to ameliorate the unconscionable conditions minor league players have faced when they negotiate with MLB owners to draft their initial collective bargaining agreement.     

Tension in democratic administration: Does managerial confidence in administrative capacity reduce citizen participation in organizational decision-making?

The tension between bureaucratic and democratic values has characterized significant debates in the field of public administration. In this article, we ask, does public managers' confidence in their organizational administrative capacity affect citizen participation? Using managerial confidence in organizational response capacity (ORC) during crises as a vehicle to investigate the tension between democratic and administrative values, we examine whether an administration-centric approach to management influences citizen participation. We posit that higher levels of managerial confidence in organizational administrative capacity can lessen the pressure from political stakeholders which, in turn, might allow managers the autonomy to isolate themselves from the general public. The empirical analysis uses a structural equation model (SEM) to examine survey data from senior managers in 500 US cities. We find that managerial confidence in ORC reduces citizen participation, but only indirectly through diminishing influence from other governmental actors or by allowing managers to win the trust of political principals.     

Enhancing Rescue in Chapter 11: Lessons from Reform Efforts in the United Kingdom

This is a dynamic time for insolvency law. Many jurisdictions have made or are considering reforms to their insolvency regimes. The United Kingdom has proposed a new standalone restructuring mechanism that incorporates many attributes of Chapter 11, including a cross-class cram down and the absolute priority rule. A distinctive feature of the UK proposal is the infusion of judicial discretion permitting courts to deviate from the absolute priority rule. This discretion is not permitted in the United States. This judicial discretion addresses a key problem with the application of the absolute priority rule in the United States—it may serve as an impediment to reorganization. This impediment is exacerbated by the recent U.S. Supreme Court decision, Czyzewski v. Jevic Holding Corp., which impacts the effective use of Chapter 11 rescue tools. This article explores the absolute priority rule, the problems associated with it, and the effect of Jevic in the United States. Drawing on the UK reform proposal, I argue that the United States should implement reforms that infuse judicial discretion into the application of the absolute priority rule. Doing so will facilitate the underlying policy goal of rescuing the company in Chapter 11 and also promote a broader policy goal of rescuing the business.     

An Empirical Study of Patent Grant Rates as a Function of Race and Gender

In this article we examine the rate at which patent applications are granted as a function of the inventor's race and gender. Empirical analysis of more than 3.9 million U.S. applications finds minority and women applicants are significantly less likely to secure a patent relative to the balance of inventors. Further analysis indicates that a portion of this bias is introduced during prosecution at the Patent Office, independent of the quality of the application. Mechanisms underlying these disparities are explored. The article concludes with a discussion of our results and their interaction with patent law, innovation policy, and employment trends.     

I Nomi Degli Dei: A Reconsideration of Agamben’s Oath Complex

Law and Critique - This essay offers an exegesis and critique of the moment of community formation in Agamben’s Homo Sacer Project. In The Sacrament of Language, Agamben searches for the site...