Oxford University Press's
Academic Insights for the Thinking World
By Simon Chesterman
“This is the paradox of today’s media: investigative journalism is often key to revealing abuses of surveillance powers, yet the commercial reality of today’s market drives unscrupulous journalists themselves towards ever more dubious methods.”
By Edward Zelinsky
Connecticut’s new governor, Dannel P. Malloy, has appointed six sitting members of the Nutmeg State’s General Assembly to positions in the executive branch. These gubernatorial appointments have engendered a fair amount of discussion since special elections will be required to fill the legislative vacancies resulting from these appointments.
There has, however, been no public discussion of the pension implications of these appointments. Under Connecticut’s retirement plans for government employees, relatively brief service in executive positions results in significant spikes in legislators’ state pensions.
By Simon McKay
In 1928 the iconic United States Supreme Court Justices Holmes and Brandeis dissented in a judgment that ruled the product of telephone conversations derived from “wiretapping” admissible. With characteristic eloquence, Mr Justice Brandeis held that “the confined criminal is as much entitled to redress as his most virtuous fellow citizen; no record of crime, however long, makes one an outlaw”. The judges could be forgiven for thinking that, at least in terms of the English law, eighty years on, things haven’t changed much.
Today is a very important day in American history, the anniversary of when the 13th Amendment to the Constitution was passed by Congress, that which formally abolished slavery in the U.S. in 1865. The Thirteenth provides that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” It was ratified later that year on December 6. In honor of this anniversary, we offer an excerpt from The Oxford Guide to United States Supreme Court Decisions, which provides an overview of the Civil Rights Cases.
By Dennis Baron
Despite the claims of mass murderers and freepers, the government does not control your grammar. The government has no desire to control your grammar, and even if it did, it has no mechanism for exerting control: the schools, which are an arm of government, have proved singularly ineffective in shaping students’ grammar. Plus every time he opened his mouth, Pres. George W. Bush proved that the government can’t even control its own grammar.
By Amos N. Guiora
Religious extremism poses the greatest danger to contemporary civil society. The threat comes from religious extremists, not people of moderate faith. The recent suicide bombing by Islamic extremists killing 21 Copts in Egypt is a prime example.
Decision makers, the general public and people of moderate faith – whose faith does not lead them to kill others in the name of their god – must address how to minimize this palpable threat. Step one is recognizing the threat, although it may make us uncomfortable. Step two is involves proactive, concrete measures to protect society. Society can say a collective “woe is me” or take aggressive proactive measures.
By Gayle A. Sulik
In response to increased publicity surrounding Susan G. Komen for the Cure’s questionable trademark and marketing activities, the organization published an official statement on its website, titled: “Susan G. Komen for the Cure® Sees Trademark Protection as Responsible Stewardship of Donor Funds.”
According to the statement, Susan G. Komen for the Cure® has never sued other charities or put other non-profits out of business, and the organization does not have plans to do so in the future. Apparently knitters, sandwich makers, and kite fliers who want to raise money for breast cancer or other causes should breathe easier now!
This Saturday is the 38th anniversary of Roe v. Wade. Believe me when I say that I could write for days on the significance of the decision, and even more about recent news and the current state of reproductive rights. If I tried, I could probably recount verbatim the conversation I once had with Sarah Weddington (the lawyer who argued Roe at the young age of 26!). But I won’t. For now, I will simply offer the following excerpts from Ourselves Unborn: A History of the Fetus in Modern America by Sara Dubow. To those of you who celebrate it, I wish you the happiest of Roe Days.
By Elvin Lim
The new House rules require that bills be posted online for 72 hours before they come to the floor for a vote.
If this is a nod to the Tea Party movement, either the nodders are naive or the Tea Party movement has no clue what the Constitution really means.
One needs quite a lot more than a public reading of the US Constitution to unpack its meaning. For to understand the Constitution is not only know what it says, but how it works.
The more the House succeeds as a check against itself, the less it would be able to be a part the original checks and balances the Framers invented. The checks they envisioned were mostly inter-branch, not intra-branch.
Consider the various rules the House has now adopted to constrain its own powers.
The New York City public school system, in conjunction with a private organization established to support gay and lesbian youth, founded the Harvey Milk High School in 1985 for gay and lesbian teenagers. Its goal was to create a supportive, safe place for students who faced violence, harassment, or intimidation in mainstream schools. Enrollment from the start has been voluntary. Students apply to transfer to the school, which includes transgendered teens and teens who may be perceived to be gay, lesbian, bisexual, or transgendered.
By Edward Zelinsky
Sixteen more billionaires have signed the “Giving Pledge” sponsored by Warren Buffett and Bill Gates. Signers of the Pledge commit to donating to philanthropy a majority of their wealth. New signers of the Pledge include the founders of Facebook, Mark Zuckerberg and Dustin Moskovitz.
Critics of the Giving Pledge denounce it as a public relations gimmick. Even if each Pledge signer donates a majority of his fortune to charity, his heirs will still inherent substantial wealth from what remains.
I am not one of these critics. I take Mr. Buffett, Mr. Gates and the other signers at face value and applaud their charitable intentions. I do find it interesting that certain names are absent from the Pledge. For example, despite their
By Donald A. Ritchie
The 111th Congress began in January 2009 amid complaints about the long wait for the inauguration of the new president, and ended amid complaints about the long the lame duck session at its tail. Critics, who lament that transitions in the American government do not move as efficiently as in a parliamentary system, have declared the Twentieth Amendment a failure. While it is true that the U.S. Constitution set up a system that is anything but speedy, the Twentieth Amendment was actually a reform that reset the calendar and moved up the clock.
Hang on because this gets complicated: Back in 1788, after enough states had ratified the Constitution, the outgoing Congress under the Articles of Confederation set the first Wednesday in January as the date for the first presidential election.
By Elvin Lim
“Don’t Ask Don’t Tell” has finally been repealed. It is time now to look back on the hypocrisy of those who maintained a “separate but equal” philosophy regarding gays and lesbians serving in the military.
Remember the “unit cohesion” argument? That was a popular and prevailing argument in the 1990s. It appears ridiculous to most people today, but it is worth reminding ourselves that we have had our fair share of ridiculous convictions in our past. Consider “separate but equal,” the jurisprudential doctrine that upheld Jim Crow laws in the South for over half a century. There is actually a common thread linking “separate but equal” of the 1890s with the “unit cohesion” argument of the 1990s. Those arguing for racial segregation a century ago believed that people of different races should not interact with each other, and the nation’s highest court codified this belief.
By Mariko Lin Chang
Any day now the Senate will decide whether to raise the retirement age to 69. Proponents argue that raising the retirement age is necessary to save Social Security. Opponents argue that raising the retirement age will disproportionately hurt low-income and minority workers. But this is all irrelevant to many because recent actions by the Senate and current economic realities have already helped to ensure that most people won’t be able to fund their “golden years.”
Take women, for example. Given the Senate’s failure to pass the Equal Paycheck Act, it’s unlikely that the persistently stubborn wage gap will decline on its own, leaving women earning only 77 cents for every dollar earned by men. Assuming that the typical person works about 40 years
By Nigel Bradley
“Knowledge is Power” is a quotation that dates back to 1597 and is attributed to Sir Francis Bacon. And there lies the reason to conduct market and social research. Surveys, focus groups and observation allow us to build gaps in our knowledge, to identify demand and thereby supply what is needed (or wanted). Research information minimises risks in decision making, it saves money, increases productivity and is generally valuable.
By Edward Zelinsky
Like most Connecticut residents, I watched with a mixture of fascination and horror the trial of Steven J. Hayes. Hayes is one of two defendants accused of the particularly gruesome home invasion murders in July, 2007 in suburban Cheshire, Connecticut. Hayes has been found guilty; the jury has sentenced Hayes to receive the death penalty.
Like everyone who followed this trial, I have both admired and sympathized with Dr. William Petit, Jr. whose wife and two daughters were brutalized and killed by Hayes. Unsurprisingly, Dr. Petit wanted the death penalty in this case as would I had I been in Dr. Petit‘s position. So compelling have been the facts exposed at Hayes’ trial that many normally outspoken opponents of the death penalty have remained silent as the jury assigned that penalty to Hayes for his truly evil crimes.