Time Of National Crisis Research Articles

The Contemporary Presidency: George W. Bush and the Myth of Heroic Presidential Leadership

This article discusses the reinvention of George W. Bush's image during a critical period of his presidency—the 18 months after September 11, 2001. It examines how, during that time, he assumed a mantle of heroic presidential leadership similar to that designed by a previous generation for one of his predecessors: John F. Kennedy. In the “age of infotainment,” however, it remains a challenge for presidents to make the transition from “celebrity” to “hero.” While the currency of celebrity is easy to acquire, the political capital that accrues to the heroic leader in times of national crisis is more difficult to keep. In pursuing the “war on terror,” George W. Bush must beware the “credibility gap” that can impact on the presidency if a president picks the wrong fight and loses control of the way his image is mediated.

Sex Bias in Secondary School Social Studies Textbooks:A Case study in India

Textbooks are filled with names of famous men and authors. So a reexamination of the composition of the textbook writing staff has been necessary for the staff’s conception of male-female equality has a tremendous influence on the formation of gender role consciousness in children. It is difficult for girls to find names of women who were active in times of national crisis. So a mention of women freedom fighters is most essential. The findings of the present study point the need for reform and revision in to help shape the children’s views on the development of new ideas of gender roles suitable for future society.

Civil Liberties in Wartime

I have a simple thesis: In time of war—or, more precisely, in time of national crisis—we respond too harshly in our restriction of civil liberties, and then later regret our behavior. To explore this thesis, I will briefly review our experience in 1798, the Civil War, World War I, World War II, the Cold War and the Vietnam War. I will then offer some observations.

On Purple Pills, Stem Cells and other Market Failures: A Case for a Limited Compulsory Licensing Scheme for Patent Property

In an effort to balance the constitutional incentive of granting exclusive rights for limited to inventors against the goal of furthering innovation and providing fair access to technology and knowledge, this paper explores options that provide greater leverage to accessing patented technology in a timely manner in situations where traditional licensing arrangements are an economic impossibility. The best illustrations of licensing bottlenecks are found in the areas of pharmaceutical/biotechnology and operations software. Here, patentees often stand to gain extraordinary profits from monopolizing the technology and little incentive to seek socially beneficial agreements in times of national crisis. With operations software, the patentee with the dominant system may delay licensing its technology and resist efforts that would result in opening the network to the entire marketplace, despite the fact that such activity would stimulate technological innovation and benefit consumers. Fair Use provisions, although attractive on the surface, lead to increased erosion of inventor incentives. This is particularly true in the area of biotechnology where start-up and research and development may become cost-prohibitive. However, the reverse doctrine of equivalents allows for infringing acts which produce radically pioneering inventions. Instead of attempting to mirror the Copyright Act's Fair Use Provisions, I advocate implementing some type of compulsory licensing scheme which can be triggered for public health, national emergency, or market failure situations. I posit that for pioneering inventions and certain types of basic research, such as stem cells, the transaction costs for negotiating and enforcing patent licenses becomes prohibitive and the incentive to abuse market pricing power is great. Overvaluing or undervaluing the market, market uncertainty, the desire to retain monopoly profits and differing goals of academic and corporate research are just a few of the scenarios which increase the costs of negotiating licenses and/or marketing patented inventions. Excessive transaction costs negate the Coasean commons theory that in the ideal universe of private property, minimal transaction costs will motivate parties to negotiate and share exclusive rights in a manner which leads to the most economically efficient use of resources. Instead, market failures often trigger monopoly pricing and/or an inability to negotiate traditional patent licenses. This creates a bottle-neck in natural free market competition, thereby preventing the true progress and promotion of the useful arts and science.

Race, Civil Rights, and Immigration Law After September 11, 2001: The Targeting of Arabs and Muslims

This article is part of a symposium on "Migration Regulation Goes Local: The Role of States in U.S. Immigration Policy." Although only time will tell, September 11, 2001 promises to be a watershed in the history of the United States. Not long after the tragedy, supporters and critics alike saw the federal government as "pushing the envelope" in restricting civil liberties in the name of national security. This article analyzes the nation's response to the horrific loss of life of September 11 and shows how the centralization of immigration power in the hands of the federal government, may exacerbate the civil rights impacts of the enforcement of the immigration laws. The federal government has acted more swiftly and uniformly than the states ever could, with severe consequences for the Arab and Muslim community in the United States. That the reaction was federal in nature - and thus national in scope as well as uniform in design and impact, and with precious few legal constraints - worsened the civil rights impacts. The civil rights deprivations resulting from federal action reveals that national regulation of immigration is a double-edged sword. Although federal law pre-empts state laws designed to regulate immigration or discriminate against aliens, it can also, with few legal constraints, strike out at immigrants across the nation if it sees fit. That in turn suggests that the role of states, as well as the federal government, in the regulation of immigration and immigrants, especially in times of national crisis, deserves most serious attention. The federal government's response to September 11 also demonstrates the close relationship between immigration law and civil rights in the United States. Noncitizens historically have been the most vulnerable to civil rights deprivations, in large part because the law permits, perhaps even encourages, extreme governmental conduct with minimal protections for the rights of noncitizens. Unfortunately, the current backlash against Arabs and Muslims in the United States fits comfortably into a long nativist history. In sum, a complex matrix of "otherness" based on race, national origin, religion, and political ideology contributes to the current attacks on the civil rights of Arabs and Muslims in the United States. As has occurred in the past, the ripple effects of national security measures in the end may adversely affect the legal rights of all noncitizens, not just Arabs and Muslims. Indeed, as we contend in this article, the civil rights deprivations resulting from the war on terrorism may have long term adverse impacts on the civil rights of citizens as well as noncitizens in the United States. To help us better understand the latest "war on terrorism," Part I of the Article analyzes the general demonization of Arabs and Muslims generally in the United States and how the law has been influenced by, and reinforced, the negative stereotypes. This section reviews the federal government's actions directed at Arabs and Muslims in the name of combating terrorism well before September 11. As Professor Edward Said has observed, terrorism in these times "has displaced Communism as public enemy number one." That has translated into a near exclusive focus on "foreign terrorists," particularly Arabs and Muslims. Part II studies the federal government's zealous investigatory methods after September 11 directed at Muslim and Arab noncitizens, with disregard for their civil rights, and the possible long term impacts of that response.

Post Masters: Arkansas Post Office Art in the New Deal

Post Masters: Arkansas Post Office Art in the New Deal. By John Purifoy Gill, with photographs by Willie Allen. (Jonesboro: Arkansas State University Foundation, 2002. Pp. 105. Foreword, illustrations. $49.95.) During the Great Depression, the Treasury Department created the most comprehensive program of public this country has ever undertaken. It placed some 1,100 paintings and 300 sculptures in federal buildings across America. Twenty-one murals were designed for Arkansas post offices between 1938 and 1942. John Purifoy Gill's Post Masters: Arkansas Post Office Art in the New Deal chronicles the commission and creation of the Arkansas murals, relying almost exclusively on primary source materials-approximately 1,200 letters, memoranda, clippings, press releases, and photographs housed in the National Archives at College Park, Maryland. For the first time, all of these murals have been reproduced in color (with the exception of the Clarendon and Osceola murals, which are lost), making this book welcome addition the fields of American cultural history and Arkansas studies. Gill concisely recounts the history of the post office mural program. Begun in 1934 as the section of Painting and Sculpture (later the section of Fine Arts), it sought lift the spirits of America during time of national crisis by broadcasting messages of hope the common man (p. 11). Artists were chosen through anonymous regional and national competitions, and the winners were required consult with the postmaster and local citizens on the choice of subject matter, which usually related occupations or activities of the particular community. Gill correctly emphasizes that the section was the first government-sponsored program to require public participation by local residents in the selection of public art (p. 11). Also revolutionary was the mechanism used for funding the murals. The section actually set the precedent for most current public funding, known as percent-for-art. This method required that one percent of the construction budget for each new post office be set aside for public art. Artist's payments (which were made in three installments) ranged from $470 $760, a generous sum considering that Arkansas was still in the Depression during most of the period (p. 12). The book goes on tell the individual stories of the twenty-one post office murals, arranged alphabetically by town. Gill includes useful inventory (which acts as his table of contents) of the present address for each mural, making this book useful resource for firsthand viewing. …

Questioning Organizational Legitimacy: The Case of U.S. Expatriates

It has been estimated that U.S. companies with global business operations can reduce their U.S. tax bill by up to 10 percentage points if they reincorporate in a zero or low tax offshore jurisdiction. But this activity, at a time of national crisis following the September 11 terrorists' attacks and recent spate of corporate scandals, has received a less than sympathetic response from the U.S. media, ordinary taxpayers, shareholders and politicians as concerns are raised about the reduction of the tax base and the lack of oversight and regulation in offshore centres. Offshore reincorporation has been condemned as immoral, unconscionable, dishonest and unpatriotic, accusations that cast doubt on the legitimacy of the companies concerned. In question is their right to conduct business in the U.S. and in particular, their right to still be viewed as American. Their legitimacy once bestowed so readily by the company's shareholders is now being questioned not only by shareholders but also the media, politicians, government regulators, pension funds and labour unions. Expatriate companies have been slow to respond to questions of their legitimacy, viewing their offshore move as a financial decision needing only the consent of their shareholders. However, times have changed and corporate legitimacy is now in the hands of all the company's stakeholders. Companies will need to explicitly consider the determinants of their legitimacy and the implications of the implied social contract under which they operate, to remain relevant in the days ahead.

Civil Liberties in Wartime

Civil Liberties in Wartime GEOFFREY R. STONE* I have a simple thesis: In time of war—or, more precisely, in time of national crisis—we respond too harshly in our restriction of civil liberties, and then later regret our behavior. To explore this thesis, I will briefly review our experience in 1798, the Civil War, World War I, World War II, the Cold War and the Vietnam War. I will then offer some observations. The “Half War” with France The period from 1789 to 1801 was a critical era in American history. In an atmosphere of fear, suspicion and intrigue, the new Consti­ tution was put to a test of its very survival. Sharp internal conflicts buffeted the new na­ tion, which also found itself embroiled in a fierce international struggle between Europe’s two great powers, the French Republic and Im­ perial Britain. It was a time ofbitter party war­ fare and rampant hysteria.1 By 1798, many of the ideas generated by the French Revolution had aroused deep fear and hostilityin some segments oftheAmerican population. A rancorous political and philo­ sophical debate raged between the Federalists, then in power, and the Republicans. The Fed­ eralists feared that the sympathy ofthe Repub­ licans for the French Revolution indicated a willingness to plunge the United States into a similarperiod ofviolent upheaval. The Repub­ licans feared that the Federalist sympathy for England denoted a desire to restore aristocratic forms and class distinctions in America. As the war in Europe raged and the United States found it increasingly difficult to maintain a perilous neutrality, President John Adams sent John Marshall to Paris to nego­ tiate a treaty to guarantee the immunity of American shipping from attacks by French corsairs. When this effort failed because the French demanded “tribute” to help finance their war with England, Americans were out­ raged atthe arrogance ofthe French. A wave of patriotic fervor swept the nation under the ral­ lying cry “Millions for Defense, but Not One Cent for Tribute.” President Adams placed the United States into a“virtual state ofundeclared war.”2 Congress gave the President everything he asked for and more. It ordered additional war­ ships, appropriated substantial funds to fortify harbors, established a new Department of the Navy, expanded the army by adding twelve new regiments ofinfantry, authorized the navy 216 JOURNAL OF SUPREME COURT HISTORY This 1798 cartoon shows France as a monster, with one foot in Switzerland, saying to Britain “We will come and plant the tree of liberty in your hearts and make your nation free.” The Federalists entered into an undeclared war with France over its demand for tribute money to guarantee immunity from attacks by French ships, but the Republicans believed that America should stay out of the Anglo-French conflict. to attack armed French ships, and abrogated all treaties with France. George Washington was recalled from Mount Vernon to assume command ofAmerica’s military forces. Adams was suddenly a national hero. Whenever he ap­ peared in public, he was greeted with huzzas. The nation was on a war footing. The Republicans fiercely criticized these measures. Vice President Thomas Jefferson feared that a war with France would drive the United States into the arms of England and deliver the nation over to the forces of anti-republicanism and monarchy. He be­ lieved that if the United States could main­ tain its distance from the European conflict, the French might defeat the English and thus make republicanism secure once and for all in America.3 Republican Congressman Albert Gallatin protested that the Federalists had ex­ aggerated the dangers facing the nation and that the measures they proposed would precip­ itate an unnecessary and disastrous war with France. He derided as “wild” the Federalist claim that France intended to “subjugate our country.”4 Congressman Brent added that he was no more apprehensive of a French inva­ sion than he was of being “transported before night into the moon.”5 The Federalists were aghast. Congress­ man Robert Goodloe Harper warned that the nation had to prepare immediately rather than waiting until invasion was imminent, and Con­ gressman “Long John” Allen of Connecticut warned of“bloodshed, slaughter, pillage, and a complete subjection to...

The Teaching of American History in a Time of National Crisis

The Teaching of American History in a Time of National Crisis

Introduction

Introduction Melvin I. Urofsky The articles in this issue of the Journal, based on last fall’s annual lecture series, are particularly timely in light of the current war against terrorism and the fighting in Iraq and Afghanistan. As anyone who has followed the news can attest, there are a number of legal issues involved regarding how people desig­ nated as “terrorists” or “enemy combatants” are to be treated. How far do the normal pro­ cedural rules for criminal trials go when ap­ plied during wartime? How extensive are the war powers claimed by the executive branch, powers that definitely exist but are not spelled out in the Constitution? Some of these issues are already being considered in lowerfederal courts, and so there is good reason to believe that at some point they will reach the Supreme Court. While one can never predict how a current court will act basedonpastexperience, knowingthatpast ex­ perience may be a guide to understanding why courts do—and do not—act in certain ways during times ofnational crisis. The six articles that comprise this issue do not, of course, cover fully all war-related issues that have come before the Court, nor could they. But they do give a good sampling of how the Court—which, one should always remember, is a branch of the government and not some abstract body of platonic guardians hidden away in a marble Olympus—has re­ sponded when the nation has been threatened in the past. The record is, as we would expect, mixed. In some instances, the Court has shown such great deference to the political bodies as to almost abdicate its responsibilities for inter­ preting the Constitution. In other instances, it has essentially toldthe President and Congress that despite the fact ofwar, fundamental con­ stitutional safeguards must be observed. The problem, of course, is that the war on terrorism—the first war in almost two cen­ turies to inflict casualties on our homeland— is very different from the traditional wars we fought during the twentieth century, even v vi JOURNAL OF SUPREME COURT HISTORY Vietnam. The issues are, in many ways, con­ fusing, since the acts of terrorists are so alien to the rule of law that we cherish so highly. But as prior courts have reminded us, even if our enemies do not observe our constitutional rules, we must, and how we do that is often difficult to discern. These lectures give some idea ofthe prob­ lems involved. No doubt we shall learn much more in the years to come. ...

Behind the Cold War: rethinking the left, the state and civil society in Italy (1940s-1970s)

This article stresses the longue durée features of the Italian political system. It examines the role of two historical factors: (1) the existence of some peculiar (and quite 'sophisticated') state financial institutions; (2) the influence of certain long-enduring social traits (regional differences, family values, the Catholic Church, political religion) on the relationship between state and citizens. It discusses the specificities of the Italian political system (with its historical Fascist heritage and the biggest Communist Party in Europe) and the reaction of the political elite (especially on the left) to international developments in the 1940s and the 1970s, since these years (of the economic 'miracle' and the origins of Italy's political 'landslide') offer the best comparison of Italy with other European countries. These two periods also enable us to examine the Communist Party's (PCI) crucial contribution in the two worst times of national crisis: the post-war years and the years of terrorism. The first part of the article examines the heritage of Fascism and how Italy's new political elite exploited it to strengthen the country's political and economic position after the war. The second explores how behind the Cold War the mass parties helped the country to expand in the international market by controlling social conflict. The third draws some conclusions about the 'success' of the 1940s and the heavy legacies that contemporary Italy has inherited from the 1970s.

American News Consumption during Times of National Crisis

This article looks at changes in the size of American news audiences during the 1990–91 Persian Gulf Crisis and the more recent period surrounding the 9/11 attacks. Like the current situation, the Persian Gulf crisis started suddenly, when Iraq launched a surprise invasion of Kuwait on August 2, 1990. Since there are clear starting points for both national crises, comparing the percentage of adults watching television news broadcasts before and after each precipitating event should show whether the respective crises prompted changes in levels of popular attention to the news.

Letter from Argentina: A Time of National Crisis

Letter from Argentina: A Time of National Crisis

Supporting adolescents in times of national crisis: potential roles for adolescent health care providers.

Before I address the topic of how health care providers can help adolescents cope with a national crisis, I would like to acknowledge that we all have been, and many continue to be, affected by the terrorist acts that began on September 11th and the ongoing war. Now that almost 6 months have passed, there is a wide spectrum in the degree to which people are still affected by these events. Some adults and children are still highly affected, whereas others are far less so. For some adolescents, such as those who witnessed firsthand the terrorist attacks or whose parents are in the armed forces, the comments that I make today may be relevant to ongoing attempts to help them adjust to the events of September 11th or ongoing war. For most adolescents, no further specific intervention may be needed; my comments should be seen as relevant to how to address future crises that may occur in their lives. It is also important to realize that although the terrorist attacks in our country are a shared experience at one level, it is fundamentally a very personal experience. The nature and degree of the impact varies individually, and in part, for this reason we will reach our own unique understanding of the events. For some individuals, the tragic, senseless, and random loss of life promotes a sense of carpe diem, a decision to look less to the past or the future, but to invest fully in the present. Other individuals may choose to focus on past events in order to search for ways to prevent similar occurrences. Others may adopt a future orientation to attempt to anticipate and mitigate the likely negative affect of this crisis. These are only a few of the many legitimate, although quite different, reactions that may be seen after a crisis event. Whatever the reaction may have been to date, join with me to look toward the future and to think about ways that we, as health care providers, can provide assistance to adolescents and their families in times of national crisis. I will begin by describing the roles that health care providers can take to help adolescents cope with the past crisis events, as well as future crises, and will point out some of the potential barriers to successfully fulfilling these roles. I will then outline some of the potential symptoms of adjustment reactions to terrorist events that health care providers may see and describe the factors that may adversely affect the nature and degree of reaction to a terrorist event for a particular adolescent. I will then offer more practical advice on how to facilitate discussion with adolescents about these topics in order to promote their adjustment and offer my views on some of the many reasons why these conversations often do not occur. One very important role for health care providers is to continue to do the work that we were doing before the crisis event. Shortly after the terrorist attacks, I again called the mother of a young child who was terminally ill. They live in New York and I had been calling the mother on an ongoing basis over the prior 9 months to offer support and assistance. It wasn’t until I called her for the second time after September 11th that she confided in me her concern From the Yale University School of Medicine and School Crisis Response Initiative, National Center for Children Exposed to Violence, Yale Child Study Center, New Haven, Connecticut Address correspondence to: David J. Schonfeld, M.D., Department of Pediatrics, Yale University School of Medicine, 333 Cedar St., P.O. Box 208064, New Haven, CT 06520-8064. E-mail: david.schonfeld@yale.edu. Portions of this lectureship were presented by the author within a plenary presentation at the 2001 National Conference and Exhibition of the American Academy of Pediatrics, October 22, 2001, San Francisco, California. JOURNAL OF ADOLESCENT HEALTH 2002;30:302–307

Editorial: The Ten Commandments as Public Ritual

America has had its share of crises lately. And in times of crisis, people typically look to religion for answers. In the wake of the trage dies at Columbine High School and other schools across America where students and teachers were gunned down by troubled youth, for example, an outcry arose across the country calling for a to relig ious values. Some have suggested that those murders took place be cause our schools no longer teach basic religious values: belief in God, regular prayer, and knowledge of Scripture. They argue that if public schools taught these basic religious truths, horrific acts such as the Col umbine murders would never have taken place. More recently, the tragic events of September 11, 2001 have led many to call for a return to God for answers not only about why the tragedy occurred, but also to give us the solace we need in a time of national crisis. Television preachers such as Jerry Falwell and Pat Rob ertson even suggested that the tragedy was God's doing, divine judg ment, the result of America's turning away from God, and that radical steps, including legislation encouraging public religious activity, are necessary to the nation to its religious roots, lest we suffer addi tional episodes of God's judgment.

Library Research Seminar Flourishes at the University of Maryland during a Time of National Crisis

Library Research Seminar Flourishes at the University of Maryland during a Time of National Crisis

For the Defense of the Western Border: Arkansas Volunteers on the Indian Frontier, 1846-1847

WITH THE OUTBREAK OF THE MEXICAN WAR in May 1846, soldiers of the Sixth Infantry and First Dragoons stationed at the frontier posts of Fort Smith, Arkansas, and Fort Gibson, Indian Territory, prepared to depart for Mexico. Their deployment would leave a reduced garrison in a troubled region of the frontier. To replace these men, five companies of volunteers from the state of Arkansas were called to service in the U.S. Army. Known as the Battalion of Arkansas Volunteers, they occupied Fort Smith and Fort Gibson, as well as Fort Wayne in the Indian Territory, for nine and a half months during 1846 and 1847. By reinforcing these frontier garrisons, the Battalion of Arkansas Volunteers rendered valuable service to the U.S. in a time of national crisis. Political violence in the Cherokee Nation had prompted the U.S. government to patrol the region with increased forces. With the majority of the Sixth Infantry and First Dragoons en route to Mexico, the volunteers were essential to maintaining a strong federal presence along the Arkansas border and preventing further violence among the Cherokees. The volunteers rounded up deserters, criminals, and murderers for prosecution by local authorities or military courts and helped prevent theft of livestock and property from local inhabitants. Their story is worth telling not only for the duty they did well but for the light it sheds on the experience of the volunteer soldier of this era. Though they never faced combat, the volunteers experienced many of the same hardships and privations as their brethren in Mexico. Disease plagued troops, and unfamiliarity with army regulations caused continual conflict between volunteer and regular army commanders. The presence of the U.S. military had grown steadily on the southwestern frontier as the tide of immigrants pushing westward into Missouri, Arkansas, and Louisiana swelled during the decades before the Mexican War. In the 1820s and 1830s, the U.S. government established forts in the Indian Territory to allow the military to protect American citizens, as well as the eastern Indians being removed to the territory, from hostile tribes already occupying the region. The establishment of Fort Gibson and Fort Wayne in the Cherokee Nation allowed the army to enforce peace between indigenous Osages and the Cherokees being settled there and protect travel routes in what is now eastern Oklahoma. In the 1840s, the army continued to perform these roles, but also became involved in calming troubles between the major political factions of the Cherokee Nation. In the autumn of 1845, conflict between the three primary Cherokee factions turned violent. The dominant party, made up of recently arrived Cherokees led by Chief John Ross, formed a Light Horse police force that terrorized opponents in the minority Old Settler and Treaty parties of the Cherokee Nation. These minority parties, which had been in the territory long before Ross's eastern contingent arrived, inevitably retaliated. The conflict between the three parties resulted in the murders of thirty-four people between November 1845 and November 1846 and destroyed much personal property belonging to both Cherokee and Arkansas residents along the border.1 Victims of Ross's police fled their homes and took shelter in Fort Wayne, an abandoned army post located just inside the Cherokee Nation four miles southwest of Maysville, a small settlement in Benton County, Arkansas. The displaced and often starving refugees stole livestock and supplies from Arkansans living along the border, and several murders occurred near Maysville. The violence and incursions by Cherokee refugees fueled rumors that an Indian invasion of Arkansas was imminent. In a state of excitement Benton County citizens called out their militia and requested that the government place additional troops in the area.2 The commander of the Second Military Department at Fort Smith, Gen. Mathew Arbuckle, promptly ordered elements of the First Dragoons from Fort Gibson to occupy strategic positions along the Arkansas border. …

Administrative and regulatory reform of Korea in a time of national crisis

Korea has undertaken all-out efforts to reform its economy and government to be ready for the new era of global competition and overcome the current economic crisis. Public sector reform seeks to liberalize the market economy by removing unnecessary government interventions in the private sector. The realization of the “four S's” - a small but strong government with the smarts to manage future uncertainties and a sensitivity to the people's needs - is the ultimate vision for the public sector reform. Regulatory reform calls for at least fifty percent of all government regulations eliminated by the end of 1998 and the rest of the regulations improved based on a set of rational principles. One key aspect of regulatory reform is focused on removing barriers to foreign direct investment. Epochal changes in the public sector including governmental regulations are expected to bring Korea up to global standards for business competition and government performance.

Judicial Rhetoric, Government Lawyers, and Human Rights: The Case of the Israeli High Court of Justice during the Intifada

Many studies suggest that courts fail to protect individual rights since they support and uphold state repressive practices during periods of emergency or confrontation. Previous studies focused on judicial policies as reflected injudicial declarations and decisions that were fully disposed by judges and officially published. I argue that the study of out-of-court settlements and the comparison between the outcomes of settlements and the judicial rhetoric are key to understanding the behavior of courts in times of national crisis. At such times, courts may hesitate to openly confront the government on the issue of minority rights, but they may strive to protect minorities by exerting pressure on the governmental legal apparatus and by effecting out-of-court settlements more favorable to minorities than official decisions. Thus, courts influence social practices while avoiding government or public opinion counterreactions that would impair their institutional autonomy. This argument is demonstrated in a case study of the Israeli High Court of Justice during the Palestinian Intifada.

Effects of Foreign Ownership on Media Content: Thomson Papers' Coverage of Quebec Independence Vote

Critics and scholars have long worried about the power that media owners have to shape the content and ideas that reach the public. In the past four decades, as concentration of media ownership has increased, considerable effort has been focused on studying the impact of ownership structures on the quality, nature and diversity of media content. In the late 1980s, the aggressive expansion of media corporations into overseas markets began raising questions about the impact foreign ownership may have on the content and performance of domestic media.(1) Concern about foreign ownership of media is not new. Since the early part of this century, most nations have specifically prohibited or strictly limited the foreign ownership of core domestic media and communication companies at least partly out of fear that foreign owners would use those outlets to manipulate public opinion in times of national crisis. As a result of such restrictions, transnational media ownership was not widespread outside of the consumer magazine industry prior to the late 1980s. Not surprisingly, then, research on the international aspects of media performance has been focused largely on the effects imported media may have on domestic audiences, and on issues of international coverage, news flow and framing. Little attention has been paid to the effects foreign ownership may have on media content. After the fall of the Eastern Bloc, the ownership of large segments of Eastern Europe's print media passed into the hands of foreign, largely Western companies.(2) Simultaneously, the move towards privatization and liberalization of communication industries throughout the industrialized world opened the doors to greater international ownership of media companies. Contributing to the rapid transnationalization of media companies since the late 1980s has been the global push for free trade in international markets. Industrialized nations, in particular, have recognized that information is a valuable trade good in world markets and,(3) as a result, media and cultural industries are increasingly being included in free trade agreements. The European Union has worked to reduce national barriers to transnational media ownership and investment, while both the Canadian Free Trade Agreement and the North American Free Trade Agreement include specific provisions designed to pressure Canada and Mexico to open their cultural industries to American investment.(4) Simultaneous with this increased emphasis on free trade has been the development of technologies that facilitate the management of global media operations, such as high-speed computer networks and satellite communications. Additionally, the movement by some media companies to take advantage of these new opportunities by transnationalizing has pressured others in the industry to do the same in order to avoid being placed a competitive disadvantage. These factors suggest that the transnationalization of media will continue in the foreseeable future and lend some impetus to studying the question of the impact of foreign ownership on media content. Literature review Although there is little published research that directly addresses the question of the impact of foreign ownership on media content, and particularly print media content, there has been considerable examination of the effects of other types of ownership structures on newspaper content. Media scholars have long been concerned about the rapid consolidation of media ownership that has taken place over the past few decades, with critics arguing that control of large numbers of media outlets allows a handful of corporate owners to obtain dominant influence over public opinion.(5) This concern is, of course, based on the assumptions that owners influence media content and that chain ownership will tend to homogenize the content of the multiple media outlets held by the chain, leading to a reduction of the vigor and diversity of the editorial content and opinion available to the public. …