Contributions To Symposium Research Articles

Introduction: How Does European Harmonisation Affect Political Science?

The contributions to this symposium document what has been happening in European politics in relation to the Bologna Process and the European Commission, focusing on the question of how harmonization is affecting political science. The contributions should send an alarm signal to political scientists about the effects of this process and its politics on their discipline. The introduction examines the main global and European developments and their more visible implications. The Symposium focuses on political science, although the Bologna Process does not differentiate between disciplines, Brussels treating political science as part of the broader category of ‘SSH’ (Social Sciences and Humanities).

All Judges Are Political—Except When They Are Not: A Response

The author explains the origins of All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (2010) as a response to a fundamental question posed by legal realism: How can the judicial process be permeated with politics and yet remain an accepted part of a legitimate legal system? The author demonstrates the ongoing importance of this question by examining debates over the place of constitutional law in the law school curriculum and by assessing public perceptions of the Supreme Court's ruling on health care reform. The author then addresses the critical appraisals presented by the symposium contributors. The critiques are taken as road maps for extending the author's arguments in new directions.

Introduction to the Symposium Global Perspective on the Culex pipiens Complex in the 21stCentury: The Interrelationship of Culex pipiens, quinquefasciatus, molestus and Others

Mosquitoes in the Culex pipiens Complex, including Culex pipiens, Cx. quinquefasciatus, and Cx. molestus, are important pest species and vectors of human and animal diseases throughout the world's tropical, temperate, and Holarctic regions. Diseases transmitted by member of the Pipiens Complex include: St. Louis encephalitis and West Nile virus in North America, West Nile virus on several other continents, Rift Valley fever in Africa, lymphatic filariasis caused by Wuchereria bancrofti in the tropics, and Dirofilaria immitis globally. Here and in the following 14 papers, 3 abstracts and a summary paper are the proceedings of a symposium that gathered many of the world's experts on the Pipiens Complex to explore the current state of knowledge of the taxa. Information presented at the symposium will improve our knowledge of important members of the complex and enhance our ability to conduct efficient surveillance and efficacious control strategies. A background on previous discussions on the Pipiens Complex, and a brief description of current symposium contributors and their topics are discussed.

Response to Critiques of The Failure of Capitalist Production

In this symposium contribution on The Failure of Capitalist Production, the author responds to the other contributors, Sibok Chang, Sang-jun Jeong, Dong-Min Rieu, and Deok-Min Kim.

The Logic of the History of Ideas and the Study of Comparative Political Theory

Mark Bevir’s The Logic of the History of Ideas is highly influential in intellectual history circles. What intellectual historians may not realize is how much influence Logic has for other disciplines linked to intellectual history. Relying upon Bevir’s arguments for the place of evidence, coherence, and non-methodological prescriptivism in the performance of intellectual history, in this symposium contribution I outline what comparative political theorists might glean from Logic for the purpose of developing a more coherent field of their own.

Rethinking The Ends of Harm

In The Ends of Harm, Victor Tadros claims that the general justifying aim of the criminal law should be general deterrence. He also takes seriously that we cannot use people as a means, and thus he argues that we may only punish people in the name of general deterrence who have a ‘duty’ to suffer. Tadros claims that this duty arises as follows: An offender initially has a duty not to harm the victim. If the offender violates that duty, the offender still has a duty to stop the harm from occurring (so that, for example, an offender would have to jump in front of his own bullet). And if the harm does occur, then the offender has a duty to rectify that harm. This duty to rectify, argues Tadros, requires the defendant not only to compensate the victim but also to protect the victim to the extent that he would have been able to have been harmed to prevent the threat from occurring. Tadros further advances intricate arguments for why the state may therefore punish the offender to protect other potential victims to the extent of the offender’s duty to rectify. This symposium contribution seeks to explore three problems with Tadros’ analysis, ultimately arguing that Tadros’ theory fails on its own terms. First, attempts present a substantial problem for Tadros’ regime because attempts do not give rise to duties to prevent harm because there is no harm to be prevented. Tadros’ attempt to account for attempts, as completed offenses of diversions of security resources, ultimately leads to punishments that bear little resemblance to the crime attempted. Such a wildly counterintuitive result creates problems for a regime premised on general deterrence, which must be understood and respected. Second, Tadros’ regime will often exempt the rich from suffering criminal punishment. Tadros claims that duties to prevent harms from occurring (by jumping in front of bullets) are only enforceable when compensation will be inadequate. However, affluent offenders may be able to fully compensate. Moreover, since the scope of the duty to suffer will be determined by what remains of the duty after the victim is compensated, affluent offenders will be able to compensate more and thereby suffer less. Again, the actual sentences will thereby bear little resemblance to the rationale for criminalization, thus threatening the deterrent message of the law. Moreover, a system that exacerbates distributive inequalities will not achieve public respect. Third, Tadros cannot justify taking the duty that the defendant owes to the victim and forcing the victim to transfer this asset to the state. In his quest to articulate a theory that does not impermissibly use defendants, he ultimately endorses a theory that impermissibly uses their victims. He thus fails to achieve the very goal he sets for himself, which is to achieve general deterrence without impermissibly using anyone.

What's Different About the Thirteenth Amendment, and Why Does It Matter?

This symposium contribution discusses four basic features of the Thirteenth Amendment that appear both to be unique and to raise important interpretive issues. Because they are unique, they call for interpretive judgments of unfamiliar and difficult kinds. In addition, the essay considers three purported features that have been described as unique in the past, but that appear illusory upon reflection. If the current surge of scholarly interest in the Amendment is to have any impact on the case law, questions connected to each of these seven features will likely contribute importantly to its shaping.

The Constitutional Law of State Debt

State debt crises are an underappreciated driving force in American constitutional history. This article, which is being published as part of the Duke Journal of Constitutional Law & Public Policy’s symposium on “The Consequences and Constitutional Dilemmas of State Debt,” assesses the financial challenges facing the states, the different ways in which those challenges might be addressed, and constitutional issues that those responses might raise. We consider five different kinds of scenarios:1. Payment delays and IOUs: States may simply seek to delay repayment of their obligations without attempting to diminish their ultimate liability, or they may resort — as California and Illinois already have — to paying private businesses, local governments, and others with short-term IOUs rather than real money. To the extent that they alter the payment terms of state contracts, these short-term expedients may raise issues under the Contracts and Takings Clauses. But the short time frames involved make litigation unlikely. 2. Alterations to Long-Term Obligations: States in economic distress may decide to alter the terms of long-term agreements with current and former employees to provide pensions and healthcare benefits. Such alterations would raise more substantial Contracts Clause issues, although state sovereign immunity may severely constrain private parties’ remedial options.3. Bailout: The national government may seek to “bail out” a financially troubled state, much like the International Monetary Fund might bail out a sovereign debtor or a distressed debt lender might lend on an emergency basis to a cash-strapped business. If a bailout occurs, the interesting questions concern what concessions the national government might extract in order to minimize the prospect of recurrence, as well as what long-term effects a bailout might have on the financial independence of the states.4. Default: If states fail to pay principal or interest when due with no clear plan of when, if ever, it will be paid, that may well violate the Contracts Clause. The interesting issues will concern sovereign immunity and remedies, including the possibility that Congress may seek to abrogate the states’ immunity or induce immunity waivers.5. Bankruptcy: Though not currently an option for states, scholars and politicians have suggested a voluntary bankruptcy regime for states, and one of our fellow symposium contributors argues for a mandatory regime. We doubt that a mandatory regime would be constitutional, and we suggest some important reservations about a permissive regime as well.We do not purport to definitively resolve most of these issues. Our more modest purpose is to flag the constitutional considerations that may arise and suggest useful ways to think about them. Hopefully our roadmap will assist those scholars, lawyers, and policymakers who must pick their way through this maze.

Fish/Wives: An Introduction

AbstractIn recent years the decline in global fish stocks and in other ocean and lake resources has put the communities and households that live by their production under strain. Contributors to this symposium prioritize discussion about who owns and who has access to the stock, what labor processes and practices are involved, and what capital costs are incurred in processing and distribution. The authors are in no doubt about women’s importance in gathering, processing, and distribution. But differences emerge in historical and ethnographic accounts that profile the cultural representation of women involved with fish. Whether or not the term “fishwife” has ever been used in the places they study, they recognize its misogynistic intent. Several speak to particularities of body and affect missing from mainstream discussion of fishing, and they look to the potential for reappropriation of the pejorative term “fishwife.” From these perspectives, symposium contributors argue for greater prominence of the hist...

Introduction

In this introduction to Gender & Society’s symposium on Patricia Hill Collins’s path-breaking work on intersectionality, I reflect on how the symposium contributors have used intersectional perspectives in their own work, and on how Collins’ conceptualizations have shaped interdisciplinary scholarship more broadly. I also take this opportunity to present my own vision as the new editor of Gender & Society, and to reextend this journal’s longstanding welcome to all who work to expand and deepen our understanding of the workings and effects of gender, in societies around the globe.

To Tell the Truth on Kant and Christianity

After reviewing the history of the “affirmative” approach to interpreting Kant’s Religion, I offer four responses to the symposium papers in the pre vious issue of Faith and Philosophy. First, incorrectly identifying Kant’s two “experiments” leads to misunderstandings of his affirmation of Christian ity. Second, Kant’s Critical Religion expounds a thoroughgoing interpretation of these experiments, and was not primarily an attempt to confirm the architectonic introduced in Kant’s System of Perspectives. Third, the surprise positions defended by most symposium contributors render the “affirma tive” label virtually meaningless. Finally, if Kant is read as constructing perspectival philosophy, not theology, the compatibility of his positions with Christianity stands. In the twenty-five years since I initially submitted “Can a Christian Be a Kantian?” 1 to Faith and Philosophy, much water has passed under the proverbial bridge. My plan to demonstrate that Kant’s philosophy attempts to reform rather than destroy Christianity, and my recommendation that Christian philosophers should therefore treat more seriously the possibility of employing Kantian strategies in service to the community of thoughtful Christians, eventually extended well beyond the specific applications sketched in that proto-manifesto; but my implementation of that project is now nearing a point of completion. 2 I therefore thank the editor for offering me, in the wake of the symposium papers published in the previous issue of this journal, 3 this opportunity to take stock of what has transpired over

Introduction: Contexts for a Comparative Relativism

This introduction to the Common Knowledge symposium titled “Comparative Relativism” outlines a variety of intellectual contexts where placing the unlikely companion terms comparison and relativism in conjunction offers analytical purchase. If comparison, in the most general sense, involves the investigation of discrete contexts in order to elucidate their similarities and differences, then relativism, as a tendency, stance, or working method, usually involves the assumption that contexts exhibit, or may exhibit, radically different, incomparable, or incommensurable traits. Comparative studies are required to treat their objects as alike, at least in some crucial respects; relativism indicates the limits of this practice. Jensen argues that this seeming paradox is productive, as he moves across contexts, from Lévi-Strauss's analysis of comparison as an anthropological method to Peter Galison's history of physics, and on to the anthropological, philosophical, and historical examples offered in symposium contributions by Barbara Herrnstein Smith, Eduardo Viveiros de Castro, Marilyn Strathern, and Isabelle Stengers. Comparative relativism is understood by some to imply that relativism comes in various kinds and that these have multiple uses, functions, and effects, varying widely in different personal, historical, and institutional contexts that can be compared and contrasted. Comparative relativism is taken by others to encourage a “comparison of comparisons,” in order to relativize what different peoples—say, Western academics and Amerindian shamans—compare things “for.” Jensen concludes that what is compared and relativized in this symposium are the methods of comparison and relativization themselves. He ventures that the contributors all hope that treating these terms in juxtaposition may allow for new configurations of inquiry.

Invasive reptiles and amphibians: global perspectives and local solutions

In the annals of invasive species biology, higher taxa such as mammals, plants and insects have received the lion’s share of research attention, largely because many of these invaders have demonstrated a remarkable ability to degrade ecosystems and cause economic harm. Interest in invasive reptiles and amphibians (collectively ‘herpetofauna’, colloquially ‘herps’) has historically lagged but is now garnering increased scrutiny as a result of their escalating pace of invasion. A few herpetofaunal invaders have received considerable attention in scientific and popular accounts, including the brown treesnake Boiga irregularis on Guam, Burmese python Python molurus in Florida, Coqui Eleutherodactylus coqui in Hawaii and cane toad Bufo marinus in Australia. However, relatively few are aware of many emerging and potentially injurious herpetofaunal invaders, such as Nile monitors Varanus niloticus in Florida, common kingsnakes Lampropeltis getula in the Canary Islands, boa constrictors Boa constrictor on Aruba and Cozumel, or a variety of giant constrictor snakes in Puerto Rico. For the vast majority of the most commonly introduced species, real or potential impacts to native ecosystems or human economic interests are poorly understood and incompletely explored; major pathways of introduction have only recently been elucidated, and effective management interventions have been limited (Kraus, 2009). The goal of this symposium was to bring together an international community of biologists working on invasive reptiles and amphibians so as to facilitate better communication of findings and sharing of ideas among this relatively small and geographically dispersed group of researchers. To date, those studying invasive herpetofauna have often been unaware of relevant research and control efforts in other countries and have lacked a working network for sharing data, ideas and potential control tools. The international trade in live reptiles and amphibians, valued in the billions of dollars, virtually ensures that establishment of alien herps will continue until the scale of the problem is more widely known and intervention is organized across multiple countries. The symposium consisted of 20 oral presentations over 2 days, with a total of 27 authors from countries including Australia, Canada, Japan, Portugal, South Africa, UK and USA. Among the many outstanding presentations were examination of links between invasive amphibians and the spread of Batrachochytrium, economic analysis of early detection and rapid response, education and outreach initiatives, an exploration of means of reducing intentional or accidental release of herps from the pet trade and case studies of control of bullfrogs, clawed frogs and viperine snakes. Evening discussions and subsequent email correspondence have enabled many of the participants to keep abreast of ongoing research findings and regulatory approaches that have been proposed or implemented to mitigate the effects of invasive herpetofauna. The three symposium contributions featured in this section (Kikillus, Hare & Hartley, 2010; Shanmuganathan et al., 2010; van Wilgen et al., 2010) address different topics directly relevant to improving management of invasive herpetofauna. We feel it is timely to emphasize this particular aspect of invasive-species biology because it is often neglected by the academic community, which more often treats biological invasions as a strictly (or primarily) biological phenomena. But they are not. The recent explosion of biological invasions, including the exponential growth in herpetofaunal introductions (Kraus, 2009) is primarily driven by cultural or social imperatives, not biological ones. Hence, solutions to the widespread transport and release of these organisms must also be cultural, social and political. For those social, cultural and political solutions to be attempted requires more detailed knowledge of what solutions might look like – we need improved knowledge of how and why species are transported, which species will establish and prove invasive and which methods might be used to mitigate the worst impacts of invaders. The symposium presentations featured here address factors driving the importation of live reptiles, develop models predicting invasion success and assess the potential utility of biocontrol against a notorious invader. Thus, they move us toward developing the knowledge required to mitigate and stop this global conservation problem.

Faithful Infidelity: “Political Time,” George W. Bush, and the Paradox of “Big Government Conservatism”

George W. Bush assumed the presidency with the ill-fated political aim of creating a permanent electoral alignment favoring Reagan Republicanism in America by pursuing a “big government conservatism”, agenda with human resource management (HRM) strategies lying at its heart. In the process of setting the other HRM-focused contributions to this symposium in broader context, the authors define the logic of big government conservativism as a strategy for electoral realignment, discuss the place of HRM as a tactical means for advancing that agenda, and place Bush’s efforts in “political time.” In offering an integrative framework for assessing the critical role of the White House, the executive office of the president, and political appointees in redefining the career civil service as a key component of Bush’s big conservatism agenda, we portray Bush’s failed efforts at constructing a permanent Republican political majority as encountering similar dynamics and meeting a similar fate as other “orthodox innovators” in presidential history. At the same time, his place in political time was not destiny, because he achieved a mixed record of strategic, political, and tactical competence while operating within the constraints of his political time.

Future of Summary Judgment Foreword: Summary Judgment and the Influence of Federal Rulemaking

This essay provides an overview of symposium articles on The Future of Summary Judgment that were submitted in connection with the Section on Litigation’s program on summary judgment at the 2010 Annual Meeting of the Association of American Law Schools. Contributions to the symposium by Professors Edward Brunet, Stephen Burbank, Jeffrey Cooper, Steven Gensler, and Linda Mullenix explore issues regarding (1) amendments to Federal Rule 56 that are set to take effect on December 1, 2010; (2) emerging safeguards to prevent improvident grant of summary judgment; (3) the potential of summary judgment to impact interrelated aspects of the pretrial process, including the 12(b)(6) motion to dismiss and class action litigation; and (4) the future of the federal standard for summary judgment in diversity cases. Although the articles explore a wide range of issues relating to summary judgment, a dominant subtext is the interplay between summary judgment and federal rulemaking, including the impact of federal rulemaking on summary judgment, the effect of the transsubstantive assumption of the Rules Enabling Act, and the limits of the substantive rights prohibition of the Rules Enabling Act. The essay discusses also (1) how failure to amend Rule 56, absent consensus, leads to substantial variation in summary judgment practice in the federal courts because federal rulemakers respond to lack of consensus by abandoning proposed Rule change or by providing broad discretion to trial judges regarding normative decisions; and (2) how the justices’ views on the importance of uniform application of Federal Rules in diversity cases led to the splintered decisions in the Supreme Court’s recent Erie decision, Shady Grove Orthopedic Associates, P.A. v. Allstate Insurance Co.

Defending ‘The Artist’s Theory’: Wollheim’s Lost Idea Regained?

The paper considers an argument of Richard Wollheim’s, originally presented in a 1976 symposium with Goodman and Wiggins, which disappeared when the symposium contribution was ‘reprinted’ in the supplementary essays to the expanded edition of Art and Its Objects (Wollheim, 1980). It lays out the argument’s original context, locating its objectives by means of a comparison with Goodman’s autographic/allographic distinction, with its attendant discussion of the ‘history of production’, and presents Wollheim’s defence of ‘the artist’s theory’. This defence coheres in interesting ways with Wollheim’s aesthetics emphasis on the importance of the artist’s intention (suitably understood) as part of a specification of what the work itself is. This conception reinforces the importance Wollheim grants both to the fulfilled intentions of the artist and to a suitably positioned, suitably informed, and suitably sensitive spectator. Both should be modelled as operating under the aegis of the artist’s theory, a notion this ‘missing’ argument serves to emphasize.

Beyond technology dependence

AbstractTechnology and globalization have the potential to make higher education more affordable and accessible. In practice, however, rising costs limit educational access, and competition threatens the sustainability of many colleges and universities (Grummon, 2009). With the relevance of traditional curricula in question and the demand for alternate delivery methods expanding, many higher learning institutions face a challenge to reinvent themselves (Barnatt, 2008; Grummon, 2009; Lee, Brennan, & Green, 2009).We asked four higher education leaders from demographically and structurally diverse institutions to address the question, “How will colleges and universities serve the global knowledge economy in the coming decades?” Our respondents represent perspectives from multiple educational paradigms—public and private, local and international, for‐profit and nonprofit, brick‐and‐mortar and online.George Mihel, president of Sauk Valley Community College in Illinois, offers a position paper on the need to transform some of higher education’s deep‐rooted institutional traditions. George Miller, chancellor of American InterContinental University, teams with Caroline Molina‐Ray, a University of Phoenix faculty member, to address how higher education can foster both technological competency and critically reflexive thinking. Naana J. S. Opoku‐Agyemang, vice chancellor of the University of Cape Coast in Ghana, offers insight into the unique challenges and accomplishments of higher education in Africa. Finally, Vicki T. Purslow, associate dean of the College of Arts and Sciences at Southern Oregon University, and Christine Cook Florence, a higher education marketing consultant, present a commentary synthesizing the symposium contributions and issuing a call to action for higher education leaders. Together, these diverse perspectives offer a glimpse into the higher education of the future.

Higher education in the global knowledge economy

AbstractTechnology and globalization have the potential to make higher education more affordable and accessible. In practice, however, rising costs limit educational access, and competition threatens the sustainability of many colleges and universities (Grummon, 2009). With the relevance of traditional curricula in question and the demand for alternate delivery methods expanding, many higher learning institutions face a challenge to reinvent themselves (Barnatt, 2008; Grummon, 2009; Lee, Brennan, & Green, 2009).We asked four higher education leaders from demographically and structurally diverse institutions to address the question, “How will colleges and universities serve the global knowledge economy in the coming decades?” Our respondents represent perspectives from multiple educational paradigms—public and private, local and international, for‐profit and nonprofit, brick‐and‐mortar and online.George Mihel, president of Sauk Valley Community College in Illinois, offers a position paper on the need to transform some of higher education’s deep‐rooted institutional traditions. George Miller, chancellor of American InterContinental University, teams with Caroline Molina‐Ray, a University of Phoenix faculty member, to address how higher education can foster both technological competency and critically reflexive thinking. Naana J. S. Opoku‐Agyemang, vice chancellor of the University of Cape Coast in Ghana, offers insight into the unique challenges and accomplishments of higher education in Africa. Finally, Vicki T. Purslow, associate dean of the College of Arts and Sciences at Southern Oregon University, and Christine Cook Florence, a higher education marketing consultant, present a commentary synthesizing the symposium contributions and issuing a call to action for higher education leaders. Together, these diverse perspectives offer a glimpse into the higher education of the future.

Serving the global knowledge economy

AbstractTechnology and globalization have the potential to make higher education more affordable and accessible. In practice, however, rising costs limit educational access, and competition threatens the sustainability of many colleges and universities (Grummon, 2009). With the relevance of traditional curricula in question and the demand for alternate delivery methods expanding, many higher learning institutions face a challenge to reinvent themselves (Barnatt, 2008; Grummon, 2009; Lee, Brennan, & Green, 2009).We asked four higher education leaders from demographically and structurally diverse institutions to address the question, “How will colleges and universities serve the global knowledge economy in the coming decades?” Our respondents represent perspectives from multiple educational paradigms—public and private, local and international, for‐profit and nonprofit, brick‐and‐mortar and online.George Mihel, president of Sauk Valley Community College in Illinois, offers a position paper on the need to transform some of higher education’s deep‐rooted institutional traditions. George Miller, chancellor of American InterContinental University, teams with Caroline Molina‐Ray, a University of Phoenix faculty member, to address how higher education can foster both technological competency and critically reflexive thinking. Naana J. S. Opoku‐Agyemang, vice chancellor of the University of Cape Coast in Ghana, offers insight into the unique challenges and accomplishments of higher education in Africa. Finally, Vicki T. Purslow, associate dean of the College of Arts and Sciences at Southern Oregon University, and Christine Cook Florence, a higher education marketing consultant, present a commentary synthesizing the symposium contributions and issuing a call to action for higher education leaders. Together, these diverse perspectives offer a glimpse into the higher education of the future.

Coda

AbstractTechnology and globalization have the potential to make higher education more affordable and accessible. In practice, however, rising costs limit educational access, and competition threatens the sustainability of many colleges and universities (Grummon, 2009). With the relevance of traditional curricula in question and the demand for alternate delivery methods expanding, many higher learning institutions face a challenge to reinvent themselves (Barnatt, 2008; Grummon, 2009; Lee, Brennan, & Green, 2009).We asked four higher education leaders from demographically and structurally diverse institutions to address the question, “How will colleges and universities serve the global knowledge economy in the coming decades?” Our respondents represent perspectives from multiple educational paradigms—public and private, local and international, for‐profit and nonprofit, brick‐and‐mortar and online.George Mihel, president of Sauk Valley Community College in Illinois, offers a position paper on the need to transform some of higher education’s deep‐rooted institutional traditions. George Miller, chancellor of American InterContinental University, teams with Caroline Molina‐Ray, a University of Phoenix faculty member, to address how higher education can foster both technological competency and critically reflexive thinking. Naana J. S. Opoku‐Agyemang, vice chancellor of the University of Cape Coast in Ghana, offers insight into the unique challenges and accomplishments of higher education in Africa. Finally, Vicki T. Purslow, associate dean of the College of Arts and Sciences at Southern Oregon University, and Christine Cook Florence, a higher education marketing consultant, present a commentary synthesizing the symposium contributions and issuing a call to action for higher education leaders. Together, these diverse perspectives offer a glimpse into the higher education of the future.</