The Institutional Hearing Program: A Study of Prison-Based Immigration Courts in the United States

This article presents the findings of the first research study of the Institutional Hearing Program (IHP), a prison-based immigration court system run by the U.S. Department of Justice. Although the IHP has existed for four decades, little is publicly known about the program's origin, development, or significance. Based on original analysis of archival records, this study makes three central contributions. First, it traces the origin and growth of the IHP within federal, state, and municipal correctional facilities. Notably, although the IHP began in 1980 as a program to deport Cuban asylum seekers held in civil detention in an Atlanta prison, it now operates to deport noncitizens serving prison sentences in twenty-three federal prisons, nineteen state prison systems, and a few municipal jails. Second, this article uncovers the crucial role that prison-based immigration courts have played in shaping the design of carceral institutions around the priorities of an immigration system that primarily targets Latinos for deportation. Third, this article shows how immigration courts embedded in carceral spaces have served as influential, yet overlooked, incubators of changes to immigration law and practice that today apply to all immigration courts, not just the IHP. These findings have important implications for contemporary understandings of the relationship between immigration detention, racialized control of migration, and penal punishment.     

The differential impact of state finance on the Romanian party system

This article explores the influence that state finance has had on the Romanian party system by examining the entry and exit of parties throughout the period of 1990 – 2004 and focusing on the number of parties that gained representation in the parliament as well as the party incumbency rate. I find that state finance has had a limited influence on the party system as a whole but has been influential for specific parties. I argue that the influence of state finance partly depends on when the system was introduced. In developing party systems, the influence of state finance on individual parties is more differential.     

NGOs and Ethnic Conflict: Lessons from the Work of the Project on Ethnic Relations in the Balkans

This article examines the impact of nongovernmental organization-sponsored contact and communication on fostering peaceful solutions to ethnic conflict via case studies of the activities of the Project on Ethnic Relations (PER) in Romania, Macedonia, Montenegro, Kosovo, and Serbia. It explores five operational principles that guide PER activity: creating credible, neutral forums for dialogue; maintaining momentum; working within political realities; encouraging indigenous solutions from within existing processes; and acting with the backing of powerful states. These principles explain PER's success as a "weak mediator" of ethnic conflicts. According to this analysis, PER also exhibits organizational characteristics that contribute to success, including nonpartisanship, area expertise and extensive networks of local contacts, and an ability to secure the trust of local actors.
A significant indicator of the success of PER activities is the establishment by conflicting parties of institutionalized mechanisms for addressing their differences. Contrary to the view that electoral competition contributes to conflict, this study finds that the possibility of achieving an electoral advantage by participating cooperatively in conflict resolution activities creates incentives for local actors to recognize opportunities offered by PER activities and leads local actors to heed PER's advice. Finally, the article offers a cautionary observation. While PER's perceived influence with major international actors may contribute to its local successes, once a state actor with the power to impose a solution has committed itself to ending a conflict, its preferences outweigh any local interests in determining the outcome and renders the efforts of a "weak mediator" such as PER irrelevant.     

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.     

The Influence of Advisers and Decision Strategies on Foreign Policy Choices: President Clinton's Decision to Use Force in Kosovo

In the following paper, I analyze the influence of advisers and domestic political factors on President Clinton's decision to use force against Slobodan Milosevic and the Serbs in Kosovo in March 1999. I present an analysis and examination of President Clinton's decision-making process, using press reports, personal speeches, etc. In other words, I attempt to trace the process by which Clinton came to the decision to use force in Yugoslavia. Specifically, using the poliheuristic theory, I argue that President Clinton's decision was influenced by noncompensatory domestic political calculations and the strong influence of his Secretary of State, Madeleine K. Albright. Examining how advisers interact with one another, their status in the advisory group, and the manner in which presidents solicit information from advisers will further our understanding of how, when, and under what conditions national security-level decision makers make decisions.     

NASP program technology: An example of transfer benefit for the medical industry and spinback benefit for the government

Technology developed in the National Aero-Space Plane (NASP) program is finding its way into a variety of applications ranging from aerospace to automotive to medical. The NASP Technology Applications Integrated Product Team (IPT) is pursuing technology transfer opportunities to promote the wide use of NASP-developed or-inspired materials in these and other industries. While product innovations and enhancements serve the commercial sector well, they also spin back to the government in the form of cheaper, higher-performing systems and components.     

Baker & McKenzie''s regular article tracking developments in EU law relating to IP, IT & telecommunications

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.