Mark Danner Curriculum Vitae CURRENT AFFILIATIONS
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1 NORTH KOREA AND NUCLEAR DETERRENCE Patrick Morgan Contrary to the usual view, deterring a state like North Korea is not really more difficult if it has nuclear weapons. Pre- venting North Korea from deterring a government like the US, or a UN coalition, is also not more difficult if the North has nuclear weapons. It is very difficult to make a decision to use nuclear weapons. It is especially difficult if a government is devoted to its survival, will certainly cease to exist if it uses nuclear weapons (the reaction would be so extreme), and its opponents may not react so harshly if it decides not to use nuclear weapons. This is the situation the North will be in with a modest number of nuclear weapons. Thus those who pres- sure the North should stop short of threatening its existence. And the North should take seriously the current opportunity to negotiate a settlement of the Korean problem. Since early in the nuclear age, when it was suggested that states would soon have to rely on nuclear deterrence to keep safe, the idea of doing so has aroused uneasiness, particularly on the grounds that this is too static and leaves too much of the responsibility for national secu- International Journal of Korean Unification Studies, Vol. 13, No. 1, 2004, pp. 1-19. Copyright © 2004 by KINU 2 North Korea and Nuclear Deterrence Patrick Morgan 3 rity in the hands of another state, one that may be a dangerous oppo- 1950 was a striking failure of security policy for the US and the ROK. -
Hoover Institution Newsletter Winter 2004
HOOVER INSTITUTION WINTER 2004 NEWSLETTERNEWSLETTER FALL RETREAT TAKES ON TIMELY TOPICS PRESIDENT BUSH WITH SPEAKERS, PRESENTATIONS NOMINATES KORET TASK FORCE MEMBERS TO NATIONAL BOARD onstitutional law, education, racial discussed the strengths and weakness of quotas, nuclear weapons, tax U.S. leadership. In his talk, Ferguson FOR EDUCATION SCIENCES Cpolicy, and the future of California explored how far the Anglo-American hree members of the Hoover Insti- were among the many timely topics ideals of free markets, rule of law, and rep- tution’s Koret Task Force on K–12 addressed during the Hoover Institution’s resentative government can be maintained Education were nominated by Pres- Fall Director’s Retreat, October 26–28, and how far they can be exported or glob- T ident George W. Bush to the National 2003. continued on page 8 Board for Education Sciences. Hoover senior fellow Victor Davis Nominated were Eric A.Hanushek,Car- Hanson discussed “The War on Terrorism oline Hoxby, and Herbert Walberg. in a Classical Context,”and,in the course of Hanushek, who was nominated to a his talk, examined mythologies surround- two-year term, is the Paul and Jean Hanna ing war, their causes and how they are Senior Fellow in Education at Hoover. resolved. Hoxby, who was nominated to a four- “Wars are hard to start,”said Hanson, a year term, is a professor of economics at noted classicist and author, “Most states Harvard University and director of the know exactly what they’re doing and they Economics of Education Program for the take these precipitous steps because they National Bureau of Economic Research. -
Democratic Vanguardism
Democratic Vanguardism Modernity, Intervention, and the making of the Bush Doctrine Michael Harland A Thesis Submitted in Fulfillment of The Degree of Doctor of Philosophy in History Department of History University of Canterbury 2013 For Francine Contents Acknowledgements 1 Abstract 3 Introduction 4 1. America at the Vanguard: Democracy Promotion and the Bush Doctrine 16 2. Assessing History’s End: Thymos and the Post-Historic Life 37 3. The Exceptional Nation: Power, Principle and American Foreign Policy 55 4. The “Crisis” of Liberal Modernity: Neoconservatism, Relativism and Republican Virtue 84 5. An “Intoxicating Moment:” The Rise of Democratic Globalism 123 6. The Perfect Storm: September 11 and the coming of the Bush Doctrine 159 Conclusion 199 Bibliography 221 1 Acknowledgements Over the three years I spent researching and writing this thesis, I have received valuable advice and support from a number of individuals and organisations. My supervisors, Peter Field and Jeremy Moses, were exemplary. As my senior supervisor, Peter provided a model of a consummate historian – lively, probing, and passionate about the past. His detailed reading of my work helped to hone the thesis significantly. Peter also allowed me to use his office while he was on sabbatical in 2009. With a library of over six hundred books, the space proved of great use to an aspiring scholar. Jeremy Moses, meanwhile, served as the co-supervisor for this thesis. His research on the connections between liberal internationalist theory and armed intervention provided much stimulus for this study. Our discussions on the present trajectory of American foreign policy reminded me of the continuing pertinence of my dissertation topic. -
TRANSITION to WHAT? Legacies and Reform Trajectories After Communism Chapter Author(S): GRIGORE POP-ELECHES
University of Washington Press Chapter Title: TRANSITION TO WHAT? Legacies and Reform Trajectories after Communism Chapter Author(s): GRIGORE POP-ELECHES Book Title: World Order after Leninism Book Editor(s): Vladimir Tismaneanu, Marc Morjé Howard, Rudra Sil Published by: University of Washington Press. (2006) Stable URL: https://www.jstor.org/stable/j.ctvcwnpdh.6 JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at https://about.jstor.org/terms University of Washington Press is collaborating with JSTOR to digitize, preserve and extend access to World Order after Leninism This content downloaded from 128.112.40.49 on Mon, 30 Mar 2020 19:32:28 UTC All use subject to https://about.jstor.org/terms 3 TRANSITION TO WHAT? Legacies and Reform Trajectories after Communism GRIGORE POP-ELECHES he passage of sixteen years since the collapse of communism in Eastern Europe provides a good vantage point not only for assess- Ting the social and political trajectories of ex-communist countries but also for revisiting one of the most original and influential perspectives on the "transition," Ken Jowitt's "The Leninist Legacy." This essay analyzes to what extent a common Leninist legacy persists in the social and politi- cal fabric of the former communist countries, and discusses how this legacy can be reconciled with the dramatic divergence of developmental paths among the countries in that region. -
Rights As Signals
RIGHTS AS SIGNALS DANIEL A. FARBER* ABSTRACT Because rights operate as trumps over normal governmental interests, they have an inherent cost. Consequently, by entrenching protection for human rights, govern- ments can signal a willingness to give up power in the short term to obtain long- term benefits. Investors can infer from this that the government has a low discount rate and is less likely to pose a threat of expropriation. Similarly, when courts vig- orously enforce human rights, they dramatize their judicial independence, which is valuable to investors, who themselves may have no interest in human rights. Thus, human rights enforcement may help encourage investment and thereby indirectly foster economic growth. I. INTRODUCTION CAN developing countries afford human rights and the rule of law? Perhaps not, according to Richard Posner. Posner advises poorer countries against "creating a first-class judiciary or an extensive system of civil liberties."' Although he is by no means opposed to judicial independence and human rights, he argues that they should largely await economic growth.2 From this point of view, the dramatic recent expansion of constitutionalism is a bit perplexing, if not a mistake. Posner's argument can be challenged on several grounds. Although he minimizes the importance of an independent judiciary to development,' the current consensus among economists is apparently to the contrary.' Some * McKnight Presidential Professor of Public Law, Henry J. Fletcher Professor of Law, and Associate Dean for Faculty and Research, University of Minnesota. Thanks to Jim Chen, David McGowan, Eric Posner, and Tom Ulen for helpful comments. 'Richard A. Posner, Creating a Legal Framework for Economic Development, 13 World Bank Research Observer 1, 9 (1998). -
Conservative Parties and the Birth of Democracy
Conservative Parties and the Birth of Democracy How do democracies form and what makes them die? Daniel Ziblatt revisits this timely and classic question in a wide-ranging historical narrative that traces the evolution of modern political democracy in Europe from its modest beginnings in 1830s Britain to Adolf Hitler’s 1933 seizure of power in Weimar Germany. Based on rich historical and quantitative evidence, the book offers a major reinterpretation of European history and the question of how stable political democracy is achieved. The barriers to inclusive political rule, Ziblatt finds, were not inevitably overcome by unstoppable tides of socioeconomic change, a simple triumph of a growing middle class, or even by working class collective action. Instead, political democracy’s fate surprisingly hinged on how conservative political parties – the historical defenders of power, wealth, and privilege – recast themselves and coped with the rise of their own radical right. With striking modern parallels, the book has vital implications for today’s new and old democracies under siege. Daniel Ziblatt is Professor of Government at Harvard University where he is also a resident fellow of the Minda de Gunzburg Center for European Studies. He is also currently Fernand Braudel Senior Fellow at the European University Institute. His first book, Structuring the State: The Formation of Italy and Germany and the Puzzle of Federalism (2006) received several prizes from the American Political Science Association. He has written extensively on the emergence of democracy in European political history, publishing in journals such as American Political Science Review, Journal of Economic History, and World Politics. -
Valuing Modern Contract Scholarship
Responses Valuing Modern Contract Scholarship Ian Ayrest I. INTRODUCTION Eric Posner has written a thoughtful and provocative indictment of the modem economic analysis of contracts. His essay makes two central claims1 about the failings of scholars "to produce an 'economic theory.' Specifically, Posner claims that the economic approach "does not explain the current system of contract law" and that it does not "provide a solid basis for criticizing and reforming contract law."2 In other words, Posner claims that modem scholarship fails as either a descriptive or a normative theory, in that it fails to give an account of what current law is or what efficient law should be. The descriptive criticism deserves only brief comment. Although he claims that modem scholarship has failed to achieve "what its proponents set out as the measure of success, ' 3 Posner sadly distorts reality by claiming that the leading scholars have been engaged in an attempt to use economic theory to predict the content of current legal rules. This is a straw man. Of course, decades ago this was the project of Richard Posner. 4 But the thought that efficiency analysis would provide a mechanism to predict the details of current doctrine is a serious misreading of the aims of modem scholarship. t William K. Townsend Professor, Yale Law School, [email protected]. Alan Schwartz provided helpful comments. 1. Eric A. Posner, Economic Analysis of Contract Law After Three Decades: Success or Failure?,112 YALE L.J. 829, 830 (2003). 2. Id. 3. Id.at 879; see also id, at 831 ("[Tjhe original aspiration[] of the economic analysis of contract law [was] to provide an explanation of existing legal rules ...."). -
THE INFLUENCE of Two DECADES of CONTRACT LAW SCHOLARSHIP on JUDICIAL RULINGS: an EMPIRICAL ANALYSIS
SMU Law Review Volume 57 Issue 1 Article 5 2004 The Influence of woT Decades of Contract Law Scholarship on Judicial Rulings: An Empirical Analysis Gregory S. Crespi Southern Methodist University, Dedman School of Law, [email protected] Follow this and additional works at: https://scholar.smu.edu/smulr Part of the Law Commons Recommended Citation Gregory S. Crespi, The Influence of woT Decades of Contract Law Scholarship on Judicial Rulings: An Empirical Analysis, 57 SMU L. REV. 105 (2004) https://scholar.smu.edu/smulr/vol57/iss1/5 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. THE INFLUENCE OF Two DECADES OF CONTRACT LAW SCHOLARSHIP ON JUDICIAL RULINGS: AN EMPIRICAL ANALYSIS Gregory Scott Crespi* I. INTRODUCTION VER the last two decades, a substantial and diverse body of con- tract law scholarship has been produced. Some of this work lim- its itself to applying traditional doctrinal categories and analytical approaches to new problems, while some also engages in eco- nomic analysis of various legal regimes, and some is empirical as well as analytical in nature. Much of this work is of a rather theoretical and ab- stract character. Consequently, one wonders whether this literature has had any discernable impact upon judicial practice, particularly in light of the declarations made by both prominent jurists and leading practitioners that most current legal scholarship has very limited relevance for attor- neys and judges,' and given recent studies that suggest declining rates of 2 citation of law review articles in judicial opinions. -
LEAVING CUSTOMARY INTERNATIONAL LAW WHERE IT Is: GOLDSMITH and POSNER's the LIMITS of INTERNATIONAL LAW
LEAVING CUSTOMARY INTERNATIONAL LAW WHERE IT Is: GOLDSMITH AND POSNER'S THE LIMITS OF INTERNATIONAL LAW David M. Golove* TABLE OF CONTENTS I. INTRODUCTION ......................................... 334 II. THE THEORETICAL FRAMEWORK ............................ 336 A. Self-Interested States? ................................ 337 B. The Supposed Weakness of Customary InternationalLaw ..... 343 Im. EMPIRICAL METHODOLOGY: GOLDSMITH AND POSNER' S APPROACH TO HISTORY ....................................347 IV. CUSTOMARY INTERNATIONAL LAW AND THE CIVIL WAR ........ 350 V. CONCLUSION ........................................... 377 * The Hiller Family Foundation Professor of Law, New York University School of Law. For helpful comments, the author is indebted to Eyal Benvenisti, John Ferejohn, Thomas Franck, Barry Friedman, Clay Gillette, Dan Hulsebosch, Stephen Holmes, Lewis Kornhauser, Mattias Kumm, Daryl Levinson, Susan Lewis, Rick Pildes, and all of the participants in the symposium. This Essay was presented at a symposium on The Limits of InternationalLaw, University of Georgia Law School, October 28-29, 2005. GA. J. INT'L & COMP. L. [Vol. 34:333 I. INTRODUCrION International legal scholarship has long suffered from too much normative theorizing and too little positive analysis about how the international legal system actually works. This inattention to the empirical and descriptive has alienated international legal scholars from their colleagues in political science departments and lent much of international law scholarship an utopian air. Whatever the historical source of this state of affairs, however, it is rapidly fading. A new generation of scholars, steeped in a variety of social scientific methodologies, has turned its sights on international law and is actively employing positive theories of state behavior to enhance legal analyses. These scholars have also begun to undertake empirical studies in an effort to provide support for their theoretical claims. -
Economic Analysis of Contract Law After Three Decades: Success Or Failure? Eric A
University of Chicago Law School Chicago Unbound Coase-Sandor Working Paper Series in Law and Coase-Sandor Institute for Law and Economics Economics 2002 Economic Analysis of Contract Law after Three Decades: Success or Failure? Eric A. Posner Follow this and additional works at: https://chicagounbound.uchicago.edu/law_and_economics Part of the Law Commons Recommended Citation Eric Posner, "Economic Analysis of Contract Law after Three Decades: Success or Failure?" (John M. Olin Program in Law and Economics Working Paper No. 146, 2002). This Working Paper is brought to you for free and open access by the Coase-Sandor Institute for Law and Economics at Chicago Unbound. It has been accepted for inclusion in Coase-Sandor Working Paper Series in Law and Economics by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO JOHN M. OLIN LAW & ECONOMICS WORKING PAPER NO. 146 (2D SERIES) Economic Analysis of Contract Law after Three Decades: Success or Failure? Eric A. Posner THE LAW SCHOOL THE UNIVERSITY OF CHICAGO This paper can be downloaded without charge at: The Chicago Working Paper Series Index: http://www.law.uchicago.edu/Lawecon/index.html The Social Science Research Network Electronic Paper Collection: http://ssrn.com/abstract_id=304977 Economic Analysis of Contract Law After Three Decades: Success or Failure? Eric A. Posner1 Abstract: Law and economics has failed to produce plausible descriptive theories of contract doctrines. This paper documents these failures and suggests that they are due to a methodological problem involving the concept of transaction costs. If transaction costs refer to writing or information costs, then rational individuals would agree to complex contracts that are not in fact observed, and contract law would, for the most part, have no other function than that of specifically enforcing contracts. -
A Comparative Perspectne on the Leninist Legacy in Eastern Europe
A Comparative Perspective on the Leninist Legacy in Eastern Europe Geddes, Barbara Comparative Political Studies; Jul 1, 1995; 28, 2; ProQuest pg. 239 This study begins with a comparison between post-Communist and other postauthoritarian party systems, demonstrating the greater importance of new parties in the formerly Leninist systems. It then discusses the effect on new parties of the weakness of prior interest group organization and sudden, as opposed to incremental, increases in political participation. The third section focuses on the institutional consequences of the differences noted in the first and second sections. It demonstrates the strong relationship between the interests of leaders of new parties and the kinds of democratic institutions created during transitions from authoritarianism. The study concludes with some speculations about the probable longer term effects of the distinctive features of the Leninist legacy. A COMPARATIVE PERSPECTNE ON THE LENINIST LEGACY IN EASTERN EUROPE BARBARA GEDDES University of California, Los Angeles nstitutions reflect the interests of those who devise them. This asser I tion is as true in contemporary Eastern Europe as it is in other times and places. If one knows who makes institutional choices and how they expect the various alternatives to affect their interests, then one can predict what choices will be made. Consequently, to determine the effect of the Leninist political legacy on democratic institutions in Eastern Europe, one needs to look at how 40 years of Leninism affected the interests of the individuals who found themselves deliberating over the content of new constitutions and electoral laws during and immediately after transitions from communism. -
Read Ebook {PDF EPUB} the Last Days of Publishing a Novel by Tom Engelhardt the Last Days of Publishing: a Novel by Tom Engelhardt
Read Ebook {PDF EPUB} The Last Days of Publishing A Novel by Tom Engelhardt The Last Days of Publishing: A Novel by Tom Engelhardt. Our systems have detected unusual traffic activity from your network. Please complete this reCAPTCHA to demonstrate that it's you making the requests and not a robot. If you are having trouble seeing or completing this challenge, this page may help. If you continue to experience issues, you can contact JSTOR support. Block Reference: #c6efbf00-cf31-11eb-8e13-e3ab07f9b397 VID: #(null) IP: 116.202.236.252 Date and time: Thu, 17 Jun 2021 06:03:46 GMT. The Last Days of Publishing: A Novel by Tom Engelhardt. Tom Engelhardt created and runs the TomDispatch.com website, a project of the Nation Institute, where he is a fellow. He is the author of The American Way of War and The United States of Fear , both published by Haymarket Books, a highly praised history of American triumphalism in the cold war, The End of Victory Culture , and a novel, The Last Days of Publishing . Many of his TomDispatch interviews were collected in Mission Unaccomplished: TomDispatch Interviews with American Iconoclasts and Dissenters . With Nick Turse, he has written Terminator Planet: The First History of Drone Warfare, 2001–2050 . He also edited The World According to TomDispatch: America in the New Age of Empire , a collection of pieces from his site that functions as an alternative history of the mad Bush years. TomDispatch is the sideline that ate his life. Before that he worked as an editor at Pacific News Service in the early 1970s, and, these last four decades as an editor in book publishing.