Bolt from the Blue or Avoidable Failure? Revisiting September 11 and the Origins of Strategic Surprise

Drawing on the strategic surprise, warning-response, and foreign policy literature, this article argues that the September 11 terror attacks should be regarded as a strategic surprise and examines a number of key factors that contributed to vulnerability and inhibited vigilance. Three broad explanatory "cuts" derived from the literature—psychological, bureau-organizational, and agenda-political—are deployed to sift through the rapidly expanding empirical record in an effort to shed light on the processes and contextual factors that left the United States vulnerable to the attacks. The article aims to improve our understanding of generic processes and practices that enhance or detract from vulnerability and vigilance.     

Multi-layered justice and security delivery in post-conflict and fragile states

This paper examines the value of an alternative approach to SSR policy, namely a multi-layered one in post-conflict and fragile state environments. It begins by arguing that there is a state-centric bias in current SSR policy and practice. This contradicts development principles of a ‘people-centred, locally owned’ approach in post-conflict and fragile state contexts. The SSR's state-centric approach rests upon two fallacies: that the post-conflict and fragile state is capable of delivering justice and security; and that it is the main actor in security and justice. The paper goes on to present the outline of a multi-layered strategy. This addresses the issue of who is actually providing justice and security in post-conflict and fragile states. The paper continues by describing the accountability mechanisms that could be pursued by SSR programmes in support of this approach. The conclusion is that the advantage of the multi-layered approach is that it is based not on the state's capacity, but on the quality and efficacy of the services received by the end user, regardless of who delivers that service.     

‘Bilingual’ education and discontent in Xinjiang

Efforts to promote and impose Mandarin Chinese as the language of instruction in ethnic minority schools in the Xinjiang Uyghur Autonomous Region, aimed at further integrating the state and raising regional educational and economic quality, have had mixed success. The 2004 plan to consolidate Han Chinese and minority elementary and middle schools and to make Mandarin the universal language of instruction in those schools is fostering an immersive second-language environment without prior preparation for students, bringing native speakers of Mandarin into unfair competition with non-native speakers. The increased focus on Mandarin has already had grave consequences for ethnic relations, especially in urban Uyghur schools, where the project is focused, while the mandate for change in educational curriculum and methodology has also been poorly planned and remains under-resourced, negatively impacting educational quality. The Chinese government has available to it other language policy solutions that are both more workable and friendlier to minority sensibilities.     

Implementing the artist's resale right directive

Legal context: Directive 2001/84/EC, on the resale right for the benefit ofthe author of an original work of art, introduced the harmonisationof artist's resale right within the EU (and subsequently withinthe EEA). Resale right already existed in many EU States, butthe Directive also required its creation in others (such asthe UK) to which it was previously unknown. The implementationof the Directive in the UK was accordingly a matter of somecontroversy. Key points: This article concentrates on the legal difficulties involvedin that implementation, viewed against the background of theUK Government's stated general policy on the transposition ofEU Directives. From several points of view, the rules laid downin the Directive called for elaboration or clarification, andin a number of cases such an approach was appropriate. In othercases, however, this turned out not to be appropriate. Practical significance: As a result, although in the main it was possible to transposethe Directive into a clear and workable set of domestic rules,a number of issues had to remain unresolved. Among the mostimportant were: whether works of ‘applied art’ shouldattract resale right, and the territorial scope of the transactionscovered by the right.     

To arrest insecurity: time for a revised security sector reform agenda

Despite the exponential growth in the attention and resources devoted to security sector reform (SSR), positive tangible outcomes remain hard to find. A ‘conceptual-contextual’ divide exists between SSR's stated goals and its actual implementation, a fissure that suggests the need to re-evaluate its tenets as currently conceived and practiced. This paper contributes to such a reappraisal and argues for a new round of SSR debate and policy formulation that will be simultaneously more pragmatic and less ambitious, while listening carefully to the wishes of those who are to benefit from SSR. Our core argument is that the current understanding of SSR policy provides practitioners with neither the requisite intellectual foundation nor practical guidance to craft institutions that arrest insecurity. Consequently, a number of the central concepts of the current SSR agenda—local ownership, civil society, governance, multi-sectoral approach, etc.—need to be recast to make them operationally effective, managerially coherent, and susceptible to measurable evaluation.     

Court Awards of Damages for Loss of Future Earnings: An Empirical Study and an Alternative Method of Calculation

This article examines the effect upon damages for personal injury of methods used in the United States of America to calculate loss of future earnings. The work of lawyers is examined from the perspective of labour economists. The damages calculated by using these alternative methods are compared with those actually awarded in over a hundred cases determined by courts in England and Wales. This interdisciplinary and comparative study reveals that the tort system fails to satisfy one of its main objectives in that it does not provide recipients of damages with 'full' compensation.     

Distrust of Government, the Vigilante Tradition, and Support for Capital Punishment

This study probes the interconnections among distrust of government, the historical context, and public support for the death penalty in the United States with survey data for area-identified samples of white and black respondents. Multilevel statistical analyses indicate contrary effects of government distrust on support for the death penalty for blacks and whites, fostering death penalty support among whites and diminishing it among blacks. In addition, we find that the presence of a "vigilante tradition," as indicated by a history of lynching, promotes death penalty support among whites but not blacks. Finally, contrary to Zimring's argument in The Contradictions of Capital Punishment , we find no evidence that vigilantism moderates the influence of government distrust on support for the death penalty, for either whites or blacks. Our analyses highlight the continuing influence of historical context as well as contemporary conditions in the formation of public attitudes toward criminal punishment, and they underscore the importance of attending to racial differences in the analysis of punitive attitudes.     

Testing the limits of freedom of contract: the commercialization of reproductive materials and services

This article examines the cases for and against commercializing, or "commodifying," reproductive materials and services. Using a supply/demand third-party framework, three basic scenarios in which commercial-exchange relationships may be possible--exchange of gametes and zygotes, exchange of gestational services, and exchange of fetal material--and the major parties of interest, or stakeholders, are identified. The study sketches the liberal, essentialist, and radical contingency theories that shape the debate over the commercialization of reproductive materials and services. The article then attempts to derive some basic governing principles that reflect as much common ground as possible amongst these various normative perspectives, while recognizing that complete reconciliation is impossible. Taken together, these principles are designed to reflect a strategy of "constrained commodification," where commercialization or commodification, that is, financial remuneration, plays a relatively neutral role in the utilization of reproductive materials and services. In light of these principles, the article concludes by sketching legal and regulatory regimes with respect to the exchange of gametes and zygotes, gestational services, and fetal tissue.