Unrestrained or Methods in Democratic Network Governance

Unrestrained: Judicial Excess and the Mind of the American Lawyer

Author: Robert Nagel

This volume attempts to explain why, despite almost four decades of conservative and moderate appointments, the Supreme Court continues to intervene aggressively in a wide array of social and political issues. The explanation lies primarily in the psychological effects of the way that lawyers think about law and judging. The instincts ingrained by the experiences common to legal education and the successful practice of law also work to encourage the reckless use of power.

Table of Contents:

1 A Ship that Will Not Turn 1

2 The Rise of Judicial Power 21

3 The Consequences of Excess 37

4 Thinking like a Lawyer 53

5 Realistic Legalism 65

6 High Principle and Self-Restraint 77

7 The Mantra of Legal Authority 89

8 Political Judgments 103

9 Training, Experience, and Instinct 121

App Cases Cited 135

References 137

Index 143

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Methods in Democratic Network Governance

Author: Peter Bogason

There are several competing theoretical approaches to studying governance networks. However, methodological questions about how to study democratic network governance have so far received little research attention. Methods in Democratic Network Governance aims to remedy this problem by addressing some important methodological questions in relation to a comparative case study of the multilevel network governance of employment policy in Britain, France and Denmark.

Indigenous Experience Today or National Security Issues in Science Law and Technology

Indigenous Experience Today

Author: Orin Starn

A century ago, the idea of indigenous people as an active force in the contemporary world was unthinkable. It was assumed that native societies everywhere would be swept away by the forward march of the West and its own peculiar brand of progress and civilization. Nothing could be further from the truth. Indigenous social movements wield new power, and groups as diverse as Australian Aborigines, Ecuadorian Quichuas, and New Zealand Maoris, have found their own distinctive and assertive ways of living in the present world. Indigenous Experience Today draws together essays by prominent scholars in anthropology and other fields examining the varied face of indigenous politics in Bolivia, Botswana, Canada, Chile, China, Indonesia, and the United States, amongst others. The study challenges the accepted notions of indigeneity and the often contentious issue of indigenous rights. Indigenous Experience Today demonstrates the transnational dynamics of contemporary indigenous culture and politics around the world.

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National Security Issues in Science, Law, and Technology: Confronting Weapons of Terrorism

Author: Thomas A Johnson

The tragedy of 9/11 placed homeland security and the prevention of further attacks into the central focus of our national consciousness. With so many avenues of terror open to our enemies in terms of mode, medium, and location, effective management and mitigation of threat must be grounded in objective risk assessment. The structure of national security decisions should be premised on decision theory and science with minimal political posturing or emotional reactivisim.

National Security Issues in Science, Law, and Technology demonstrates a mature look at a frightening subject and presents sound, unbiased tools with which to approach any situation that may threaten human lives. By applying the best of scientific decision-making practices this book introduces the concept of risk management and its application in the structure of national security decisions. It examines the acquisition and utilization of all-source intelligence, including the ability to analyze data and forecast patterns, to enable policymakers to make better informed decisions. The text addresses reaction and prevention strategies applicable to chemical, biological, and nuclear weapons; agricultural terrorism; cyberterrorism; and other potential threats to our critical infrastructure. It discusses legal issues that inevitably arise when integrating new legislation with the threads of our Constitution and illustrates the dispassionate analysis of our intelligence, law enforcement, and military operations and actions. Finally, the book considers the redirection of our national research and laboratory system to investigate the very problems terrorists can induce through the use of weapons we have as yet toconfront.

Taking the guesswork out of hard choices, National Security Issues in Science, Law, and Technology provides anyone burdened with the mantle of responsibility for the protection of the American people with the tools to make sound, well-informed decisions.

Table of Contents:

Preface     ix
Acknowledgments     xi
Editor     xii
Authors     xv
Terrorism: Threats, Vulnerabilities, and Weapons
An Introduction to the Intelligence Process for Addressing National Security Threats and Vulnerabilities   Thomas A. Johnson     3
Medical Response to Chemical and Biological Terrorism   Michael P. Allswede     23
Agroterrorism   Simon J. Kenyon     51
Illicit Trafficking in Nuclear and Radiological Materials   David York     75
Nuclear Capabilities of North Korea: Issues in Intelligence Collection, Analysis, and National Security Policy   Thomas A. Johnson     97
Cyber Terrorism and Cyber Security
A Framework for Deception   Fred Cohen     123
Critical Infrastructure Protection: Issues and Answers   Fred Cohen     221
Information Warfare, Netwar, and Cyber Intelligence   Fred Cohen     243
National Security Strategy: Implications for Science, Law, and Technology
Geographic Information Systems as a Strategic Tool for Better Planning, Response, and Recovery   Lucy Savitz   Roberta P. Lavin   Elisabeth Root     277
An Introduction to the Concept and Management of Risk   James O. Matschulat     291
TheStructure of National Security Decisions   James O. Matschulat     359
National Security Executive Orders and Legal Issues   Roy Shannon     399
Courts-Martial, Military Tribunals, and Federal Courts   Roy Shannon     431
National Nuclear Security Administration Laboratories: Emerging Role in Homeland Security   Richard A. Neiser     459
An All-Hazards National Response Plan: Concluding Remarks   Thomas A. Johnson     473
Appendices     483
National Security Strategy Summary     487
Homeland Security Presidential Directives 1 to 14     541
Index     635

A Case for Conservatism or Globalization from Below

A Case for Conservatism

Author: John Kekes

In his recent book Against Liberalism, philosopher John Kekes argued that liberalism as a political system is doomed to failure by its internal inconsistencies. In this companion volume, he makes a compelling case for conservatism as the best alternative. His is the first systematic description and defense of the basic assumptions underlying conservative thought.

Conservatism, Kekes maintains, is concerned with the political arrangements that enable members of a society to live good lives. These political arrangements are based on skepticism about ideologies, pluralism about values, traditionalism about institutions, and pessimism about human perfectibility.

The political morality of conservatism requires the protection of universal conditions of all good lives, social conditions that vary with societies, and individual conditions that reflect differences in character and circumstance. Good lives, according to Kekes, depend equally on pursuing possibilities that these conditions establish and on setting limits to their violations.

Attempts to make political arrangements reflect these basic tenets of conservatism are unavoidably imperfect. Kekes concludes, however, that they represent a better hope for the future than any other possibility.

What People Are Saying

Herbert London
[Kekes] makes his argument with perspicacity, logical exegesis, and compelling argumentation.

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Globalization from Below: Transnatinal Activists and Protest Networks

Author: Donna Della Porta

When violence broke out at the demonstrations surrounding the 2001 G8 summit in Genoa, Italy, the authors of this book were there. The protests proved to be a critical moment in the global justice movement. Presenting the first systematic empirical research on the global justice movement, Globalization from Below analyzes a movement from the viewpoints of the activists, organizers, and demonstrators themselves. The authors traveled to Genoa with anti-G8 protesters and collected data from more than 800 participants. A year later, they surveyed 2,400 activists at the European Social Forum in Florence. To understand how this cycle of global protest emerged, they examine the interactions between challengers and elites, and discuss how these new models of activism fit into current social movement work. Globalization from Below places the protests within larger debates, revealing and investigating the forces that led to a clash between demonstrators and the Italian government, which responded with violence. Donatella della Porta is professor of political science; Massimiliano Andretta is a researcher in political science and sociology; Lorenzo Mosca is a researcher in information and communication technologies; Herbert Reiter is a researcher in history, all at the European University Institute.