Partisan Perspective Research Articles

Addressing the Gap between Case Law and Professional Practice: A Response to Zirkel

Over the past several years, Zirkel has expressed serious concern over the quantity and quality of articles published within the field of special education reviewing case law, often claiming that many of these scholarly works lack sufficient academic rigor (Zirkel, 2011a; 2011b; 2012; 2014). He contends this is symptomatic in the special education given the limited legal background that both scholars and reviewers within our field possess and that a proper analysis through a careful and impartial legal lenses reveals that the literature of special education falls short in various notable ways (Zirkel, 2014). Zirkel's most recent article, published in this issue of Behavioral Disorders, is critical of an article that reviewed recent case law addressing several areas we believe to be significant in confronting the field of educating students with emotional or behavioral disorders (E/BD; Smith, Katsiyannis, & Ryan, 2011). Although we agree with many of Zirkel's recommendations for improving the overall quality of legal articles in the field of special education, we take issue with his analysis and at times misrepresentation of the article to make his point.Again, we commend Zirkel for his recommendations for increasing the quality of scholarship by (a) having special education journals increase the number of reviewers with specialized legal expertise, (b) encouraging joint efforts between special education organizations (e.g., Council for Exceptional Children) and the Education Law Association, and (c) ensuring authors provide clear disclosures of any partisan perspective they may have on a specific issue. However, although we are in agreement with his recommendations, we find ourselves in disagreement over his findings and the method in which he builds his argument. To begin with, it is critical to identify properly the scope and purpose of the original article in question. Zirkel (2014) claims the article does not adequately serve as either an in-depth legal or literature review. We wholeheartedly agree, especially given it was never intended to do so. As clearly stated in the abstract, the article reviews recent case law for several critical areas of concern to the field today, including: (a) response to intervention (RTI) and child find procedures, (b) required mental health services, and (c) the controversial use of restraint to manage aggressive behaviors (p. 185). Our intent was not to provide a comprehensive review of case law in each of these topics in a manner appropriate for a law review intended for legal experts, especially given the fact that legal experts are not the audience of Behavioral Disorders. Instead, we aimed to inform the readership, which primarily entails special education researchers and practitioners of recent legal developments, and point to emerging trends and variability of issues involved.Perhaps the nexus of our substantive disagreements with Zirkel arises from his view of the field from a purely legal perspective, specifically his contention that only seminal cases from the highest courts matter, given that these carry the greatest significance. Although it is obvious, as a matter of law, the relative influence of appellate courts versus lower courts (indeed, administrative due process hearings) with regard to precedence, we believe that practitioners will be well served to have exposure to emerging issues (often decisions by hearing officers and lower courts). We also disagree with his notion that our field will benefit from legally pure articles that offer nothing beyond straight reporting of legal findings (as he often does in his articles) and leave the heavy work of drawing implications to the reader. Instead, we believe that providing the appropriate context and linkages that inform and indeed advance educational practice is most useful to researchers and practitioners in education.We are, however, confounded by his claim that our identification of critical con- cerns to the field of educating students with E/ BD was questionable. …

The Influence of Competing Identity Primes on Political Preferences

In our increasingly diverse society, most Americans identify with more than one group. These multiple identities often align with conflicting policy choices, such as when a Democratic parent may support increased social services spending from a partisan perspective but may also worry about the increasing national debt as a parent. Given the significance of identity, political elites often work to prime identities that will win over the most supporters. A large literature documents the substantial role such identity priming can play in shaping preferences, but virtually no work considers the reality that identity primes often compete with one another. That is, different groups simultaneously prime different identities that align with their interests. In this article, I explore what makes one identity prime more effective than another. I do so by offering a theory of what types of rhetoric makes for a stronger identity prime (relative to other types of rhetoric). I test my expectations with a unique survey ...

What Hath the Redistricting Commission Wrought?

THE CALIFORNIA Journal of Politics & Policy Commentary What Hath the Redistricting Commission Wrought? Darry Sragow* Partner, SNR Denton US LLP The way legislative districts are configured, whether at the federal, state, county, or city level, determines who holds political power. And by “who,” we refer, especially, to political parties and ethnic groups. Ballot measures passed by California voters in 2008 and 2010 shifted responsibility for drawing district lines for the state Assembly, state Senate and congressional del- egation from the admittedly self-interested state legislature and placed it in the hands of a theoretically disinterested, objective, independent citizens commission. The commis- Copyright © 2011 The Berkeley Electronic Press. All rights reserved. www.bepress.com/cjpp Volume 3, Issue 3 , 2011 sion issued its new maps, reflecting the 2010 census, in mid August. So, what hath the commission wrought? A plan that does a pretty good job of reflecting the ethnic and partisan composition of California, one not all that different from what the legislature might have produced, with two no- table exceptions. First, let’s examine the consequences from a partisan perspective. Partisan Balance The leadership of California’s Republican Party, blam- ing their paltry numbers in the state Assembly, state Senate, *Darry Sragow is a frequent political commentator in print, on line, and on radio and television. He previously directed the USC/Los Angeles Times poll and has taught undergraduate political science, initially at the University of California, Berkeley and currently at the University of Southern California.

A Case of Failed Counter-Insurgency: Anti-Partisan Operations in Yugoslavia 1943

This article examines operations “Weiss” and “Schwarz,” two of the largest anti-guerrilla sweeps conducted by the German Wehrmacht during the entire Second World War. Four reinforced divisions with ca. 65,000 German soldiers and up to 100 aircraft took part in what is regarded as the most ferocious fighting of the whole war in Yugoslavia. Although conducted with maximum effort in material terms, they were doomed to failure because of the Third Reich's neglect of guerrilla warfare and the resulting lack of a sound counter-insurgency doctrine. Remarkably, operations “Weiss” and “Schwarz” are almost unknown to the public in the West, despite their sheer size. As the founding myths of socialist Yugoslavia, they were extensively written about, almost always from a Partisan perspective. This is the first article to describe the events from the German point of view, and to analyze the Wehrmacht's conduct of these operations in some depth. With the ongoing COIN campaigns in Iraq and Afghanistan, examining the lessons from the past can prove enlightening. “Black” on “White”: Operations in Yugoslavia, January – June 1943

The Caudine Forks of Alain Lipietz (Les Fourches Caudines d'Alain Lipietz) (French)

This French paper is a critique of Alain Lipietz's article Le debat sur la valeur: bilan partiel et perspectives partiales (The debate on Value: A partial Assessment and Partisan Perspectives), contribution to an international colloquium at the EHESS in Paris in 1983 at the occasion of the 100th anniversary of the death of Karl Marx. Alain Lipietz is charged of ignoring the scientific achievements of the Soviet economists and of propagating a sort of Stone Age Marxism (SAM).

Partisan Perspectives in the Medical Literature: A Study of High Frequency Editorialists Favoring Hormone Replacement Therapy

Unfavorable results of major studies have led to a large shrinkage of the market for hormone replacement therapy (HRT) in the last 6 years. Some scientists continue to strongly support the use of HRT. We analyzed a sample of partisan editorializing articles on HRT to examine their arguments, the reporting of competing interests, the journal venues and their sponsoring societies. Through Thomson ISI database, we selected articles without primary data written by the five most prolific editorialists that addressed clinical topics pertaining to HRT and that were published in regular journal issues in 2002-2008. We recorded the number of articles with a partisan stance and their arguments, the number of partisan articles that reported conflicting interests, and the journal venues and their sponsoring societies publishing the partisan editorials. We analyzed 114 eligible articles (58 editorials, 16 guidelines, 37 reviews, 3 letters), of which 110 (96%) had a partisan stance favoring HRT. Typical arguments were benefits for menopausal and related symptoms (64.9%), criticism of unfavorable studies (78.9%), preclinical data that showed favorable effects of HRT (50%), and benefits for major outcomes such as osteoporosis and fractures (49.1%), cardiovascular disease (31.6%), dementia (24.6%) or colorectal cancer (20.2%), but also even breast cancer (4.4%). All 5 prolific editorialists had financial relationships with hormone manufacturers, but these were reported in only 6 of the 110 partisan articles. Four journals published 15-37 partisan articles each. The medical societies of these journals reported on their websites that several pharmaceutical companies sponsored them or their conferences. There is a considerable body of editorializing articles favoring HRT use and very few of these articles report conflicts of interest. Full disclosure of conflicts of interest is needed, especially for articles without primary data.

Capitalizing on Partisan Politics? The Political Economy of Sector‐Specific Redistribution in Germany

This paper studies the redistributive effects of government partisanship on economic sectors in a parliamentary democracy. Based on a rational partisan perspective and policy‐induced campaign contribution models, we expect that once in office, ideologically different parties deliver favorable policies to different industries in order to enrich their electoral and sector‐specific supporters. Using daily stock market data, we empirically evaluate whether and how the mean and the volatility of returns to four important economic sectors covaried with the electoral prospects of a right‐/left‐leaning coalition in Germany from 1991 to 2005. This sheds light on the magnitude of sector‐specific redistribution to be expected from ideologically different governments holding office. The results show that the mean and the volatility of defense and pharmaceutical sector returns increase if a right‐leaning government is becoming more likely to win the upcoming election. In contrast, an increase in the probability of a left‐leaning government triggers higher returns to the alternative energy sector and increases the volatility of consumer sector returns. Thus, our estimates partly support the idea that parties redistribute across sectors.

The American Past Politicized: Uses and Misuses of History

This article examines some of the major ways in which American history has been written, revised, and reinterpreted from partisan perspectives and for political purposes. It takes note of the Revolutionary founders' concerns about the ways in which their pivotal era (1765-1789) was likely to be misunderstood or distorted; how several of the most central events in the national narrative, such as the sectional conflict and Civil War, came to be misremembered for politically self-serving reasons; how presidents have misread or misrepresented American and international history to justify their policies; how the Supreme Court (and lower courts) has used history selectively to achieve outcomes (often desirable) that the justices felt were necessary; and finally, how the so-called culture wars of the early 1990s caused innocent words like “interpretation” and “revisionism” to become fighting phrases and the basis for shrill and often small-minded polemics between progressive and conservative agendas.

Levels of explicitness in political speeches

Abstract Political speeches are a special kind of discourse that ‘produce and reproduce beliefs, opinions, and ideologies’ (Wodak 2004: 381). One way of studying such discourse would be to look into the use of the grammatical category of performatives. As analysts seek to interpret a text, they must not forget the reality that political discourses are more about beliefs, opinions and ideologies constructed from a partisan perspective than an individual choice. The variety of hegemonic power practised by the political leaders determines to a large extent their exploitation of performatives: in an explicit or implicit manner. In this study, the researchers examine the use of performatives produced by two different political leaders in two political settings. The analysis of the use of performatives by the current Prime Minister of Malaysia is the mainstay of the study. The performatives found in the speeches of the current Prime Minister of Bangladesh are also analyzed for comparative purposes. The differences in style as well as the level of exploitation of performatives by the two leaders are examined exhaustively using the discourse-historical approach (Wodak 2001; Wodak et al. 1999) as the theoretical framework.

Primary Sources in History: Breaking through the Myths

Using primary sources in history classes is all the rage. But if teachers are not reflective about the best use of such materials, they may engage students in exercises that are neither historically nor instructionally sound. Mr. Barton points out common misconceptions about primary sources and suggests ways to maximize their educational potential. VISUALIZE the following classroom scene. Students walk into history class and pull out packets of primary sources -- or, in a more technologically advanced school, they log on to a collection of digitally archived documents. History books are used only for reference, and lectures are virtually absent. Instead, the students work in small groups to analyze each source and evaluate its reliability -- determining its argument, establishing who created it and when, and identifying the bias of the author. Later, they compare sources and reach conclusions about the events or time periods portrayed, and they discuss reasons for their differing interpretations. Sounds like good history instruction, doesn't it? Well, not necessarily. For over a decade, I have suggested, along with many other historians and educators, that teachers make use of primary sources as an alternative to lectures, textbooks, and worksheets. Although such recommendations are nothing new, they have recently begun to attract a larger following. Primary sources can be found on tests, in commercially available packets, in archives on the Internet, and even in textbooks. Many teachers use these resources in inspiring and intellectually rigorous ways. Researchers in social studies and educational psychology, meanwhile, have investigated how students (and teachers) make sense of such sources. Thus, even if their use is not as widespread as many reformers would like, primary sources clearly are the order of the day. Unfortunately, the use of primary sources in each of these settings often reveals fundamental misconceptions about history. In some cases, scholars who have little experience with historical methods appear to be passing along mistaken ideas about what historians do. In other cases, the use of primary sources seems to be driven less by a concern with historical authenticity than by demands for standards and accountability. The misunderstandings that arise from these practices, if not addressed, will result in classroom procedures that are not only inauthentic but irrelevant and ineffective. The following are seven common beliefs about primary sources. Some have been stated directly, either in academic manuscripts or in books and articles for teachers; others may not have been articulated so explicitly, but they nonetheless represent underlying assumptions of those who define the curriculum or of other educators. But each one is a myth. Myth 1. Primary sources are more reliable than secondary sources. Perhaps this is not the most common belief about primary sources, but it is surely the most ridiculous. Because primary sources were created during the period under study or by witnesses to historical events, some people believe that they provide direct insight into the past and have greater authenticity than later accounts. Secondary sources, in this view, are corruptions of the originals and are prone to successive layers of error and bias. Some children hold exactly this view. They think we know about the past through oral stories that have been handed down over the generations, and each transmission introduces a new round of mistakes, just as in the game of telephone.1 Few educators would entertain this misconception, yet they may believe that primary sources retain a purity that makes them more reliable than secondary accounts. However, primary sources are created for a variety of reasons, and some of those reasons have nothing to do with objectivity. Sometimes primary sources represent narrow or partisan perspectives; sometimes they were created intentionally to deceive. …

SCHOOLING FOR THE TOURNAMENT OF NARRATIVES: POSTMODERNISM AND THE IDEAOF THE CHRISTIAN COLLEGE

Christian institutions of higher education should embrace, without embarrassment or apology, their partisan perspective. This view diverges sharply from the post‐Enlightenment, or liberal, understanding of education, which discredits dependence on tradition or authority and embraces instead the ideal of “objectivity.” This paper describes the post‐Enlightenment view, then exposes shortcomings ‐‐ its “objective” ideal is in fact impossible, its individualism overlooks the impact of communities ‐‐ that postmodern analysis has revealed. Holding to a “soft” version of postmodernism, I argue that, even though inherited frameworks for interpreting the world nullify sheer objectivity, we remain accountable intellectually: we still need to justify, and if necessary adjust, our convictions. In this light I describe and defend three features of responsible partnership for Christian higher education. It should be countercultural; it should engage the whole person; and it should address and learn from opposing points of view.

Partisanship and Party Formation in European Union Politics

The European Union (EU) will review its institutions during 1996 in the course of an intergovernmental conference. This conference will emphasize more explicitly than in the past the EU's political identity.' In light of the negative public fallout from the Maastricht Treaty ratification, concerns of political legitimacy, notably the issue of more power for the European parliament, will undoubtedly attract attention. This conference takes on added significance as the EU, having expanded its policy scope into areas once reserved for national governments, exhibits traits resembling those of state. Questions of legitimacy, on the one hand, and growing state-like properties, on the other, require an analysis that links these two political developments. Research on political development and regime legitimation has emphasized the role of political parties.2 Might there be connection between future EU integration and the organizational development of transnational parties? As calls for enhanced participation and legitimacy in the EU are raised, do transnational parties acquire greater salience than since their establishment in the 1970s? This article argues that the role of transnational parties in EU politics should be rethought. Although present party development may be seen as dependent variable of European integration,3 evidence of organizational innovation among transnational, notably Socialist and Christian Democratic, parties points to its growing relevance in the EU. Partisan perspectives in EU policymaking can both influence and legitimate further integration. Transnational party development has reached stage where it may begin to shift from being dependent to an independent variable in European integration. Analysis of European party politics requires attention to the institutional environment. A European political system has emerged, even if it is a partial polity, without an independent legitimacy or direct political authority.4 This Europolity does not operate along the lines of generic parliamentary system, nor is it clearly federal territorial entity. Nevertheless, EU institutions have developed logic and relationship to national actors that are more than epiphenomenal and in fact are part of an emerging system of European governance.5 Much as the institutional map of this system is unique, so too will be the role of transnational parties, which will approximate network coordinators within the institutional complexity of this Europolity.

The fate of economics and the role of economists

Academic economists have become more partisan and mathematical in their training and in their role as observers and predictors of economic events. The result of such an educational mind set and agenda has led economists to search for precise and politically correct answers to economic problems. Instead of looking for possible solutions to these problems from a broad social science multi-discipline approach, they have turned to mathematical models which point to definitive answers and which, based upon the assumptions of the model, support the political agenda of those involved. The result is a quantitative partisan perspective on economic events which does not bode well for economic policy recommendations.

Political Corruption in Contemporary Conceptual and Partisan Perspective

Political Corruption in Contemporary Conceptual and Partisan Perspective

Catholics under the Penal Laws

MHE TERM 'PENAL LAWS' in the Irish context is as evocative as the terms 'le refuge' or le desert' applied to Huguenots seeking escape either by migration or else by retreat into anonimity at home in eighteenth-century France. The oft-quoted distinction between the two experiences, the classic ones of seventeenth and eighteenth-century persecution in Europe, is that the catholics were a majority in Ireland, the Huguenots a minority in France. More significant than this trite and obvious distinction is the fact that religious persecution in Ireland involved political or racial features not evident in France. What were the penal laws, and what were their results Their nature, role and effects are still little understood, and critical assessment of these issues has yet .scarce, ly begun. Maureen Wall's little book, The Penal Laws, in 1961 was the first real insight into them; re-reading it is a reminder how much that now seems obvious and incontrovertible was still obscured by myth in 1961, and the book has not been followed up by any further study narrowly focussed on the acts and their impact on catholics. The problems are, of course, considerable: the topic involves study of property, legal institutions, family history formidable and even austere subjects. Let me state the problems briefly. First, law is central to the subject. The nature of the penal laws has been simply interpreted from the letter of the law as enshrined in the statute books, and the isolated and meaningless phrase of Chancellor Bowes in 1759, that the law did not assume a catholic to exist, has been quoted ad nauseam. Assessment rests too on the bedrock of the old nineteenth-century view that law, of itself, made history. The actual application of law, and its interpretation from day to day, as opposed to the dead and abstract letter of the law, is crucial, and this is a subtle and complex issue not amenable to quick or easy conclusions. The existing view of the penal laws is too simplistic, and in addition to the legalistic nineteenth-century obsession with law as a force for social change, it draws heavily too on a partisan perspective derived directly from Edmund Burke. Edmund Burke's influence on the course of events in Ireland and through his words on subsequent interpretation of them is a force whose cumulative results are not to be underestimated.' Secondly, the penal laws must be related to a series of regional or

Locke, Revolution Principles, and the Formation of Whig Ideology

In the immediate aftermath of the Glorious Revolution, there appeared an anonymous pamphlet, Political aphorisms, which purported to instruct its readers in ‘true maxims of government’. The identity of the author of this bold doctrinal claim is not known, and while it would be useful to have this knowledge, it is not, for reasons which will become clear, the most crucial element of the story. What is important is the historical significance of the role played by Political aphorisms as part of the process by which the ‘revolution principles’ of 1689 gained widespread acceptance in eighteenth-century England. In this essay, we offer one concrete illustration of the complex process by which political ideas are transmitted from one generation to another; and, we shall argue, the example provides a case study of the conscious effort to formulate an ideological defence of specific political principles and practices in order to preserve the historical meaning of a partisan perspective.

Political projections and partisan perspectives

Political projections and partisan perspectives