How Large Should the Strike Zone Be in “Three Strikes and You're Out” Sentencing Laws?

So-called three strikes and you're out sentencing laws for criminal offenders have proliferated in the United States. The laws vary considerably in their definitions of what constitutes a strike. This paper adapts the classic Poisson process model of criminal offending to investigate how varying sentence lengths and definitions of what constitutes a strike affect the effectiveness and cost-effectiveness of these sentencing laws. In particular, it asks whether, by using different definitions for the first, second, and third strikes or different sentence lengths, one can make the resulting incarceration more efficient in the sense of incapacitating more crimes per cell-year served.     

Holding Back the Tide— a Review of Recent Developments in Copyright Law in the United Kingdom

This article surveys recent developments in UK copyright law. It sets these developments in the context of broader trends in copyright law and policy. Significant decisions concerning subsistence of copyright, authorship, infringement, defences, remedies and collective licensing are analysed. The author notes that copyright, and other intellectual property rights, have been given extra force as a result of recent legislative developments. He argues that, against this background, it is possible to discern increasing judicial concern to ensure that such an expansion in monopoly power does not operate against the public interest.     

Containing the Refugee Crisis: How the EU Turned the Balkans and Turkey into an EU Borderland

The events that took place during the 2015-16 refugee crisis in the southeastern EU region boosted unprecedented bordering processes. Borders were reinforced and extended and a costly and difficult deal with Turkey was undertaken; the western Balkans were turned into a vast buffer zone made up of multiple buffer states with fences of all types and sizes; while Greece was ring-fenced and to this day struggles to manage thousands of refugees stranded in camps all over its territory. By seeking to contain the refugee flows, the EU turned its southeastern region into a fortified EU borderland.     

How China’s New Silk Road Threatens European Trade

For all the promises of mutually beneficial cooperation, Chinese policy documents about the New Silk Road, also called ‘One Belt, One Road’, mostly testify to a strong ambition to unlock foreign markets and support domestic firms in taking on foreign competitors. This confirms China’s shift from defensive mercantilism, which aims to protect the home market, towards offensive mercantilism, which seeks to gain market shares abroad. In a context of global economic stagnation, this comes as a major challenge to Europe. As China’s market share grows spectacularly in countries along the New Silk Road, key European member states have both lost market shares and even seen their exports shrink in absolute terms.     

The Fate of an Orphan: The Hawley Board and the Debates over the Postwar Organization of Medical Intelligence

The US Army's medical intelligence program developed during World War II to meet the requirements for information on the medical threat facing soldiers deployed in the first truly global military conflict. The war served as a proving ground for the application of medical intelligence on a strategic, operational and tactical level. However, hasty postwar demobilization decimated many wartime intelligence programs, including medical intelligence. The US intelligence community recognized the utility of medical intelligence as part of the overall strategic scientific and technical intelligence program and sought ways to rebuild the program. During the post-World War II debates over the unification of the military services and the responsibilities of the nascent CIA, the ‘Hawley Board’ was one of several committees which studied the problems facing the medical intelligence program. Although there was broad consensus on the need for better coordination of medical intelligence, the intelligence community ultimately failed to adopt the recommendations of the Hawley Board. The principal reasons behind the failure of the Hawley plan were the re-emergence of prewar interservice rivalries, the dominant role of the Army medical intelligence program, and the lack of a joint military–CIA vision of a centralized medical intelligence service.     

The End of the Age of Empire

The article was adapted from a keynote address given at the conference “1989 and Beyond” at the New School for Social Research, New York City, April 2008.