Supreme Court Advocacy in the Early Nineteenth Century

The early nineteenth century was transformative of the Supreme Court's practices. Yet understanding those fundamental changes requires some appreciation of practice before the Court in the late eighteenth century, and the developments in the early nineteenth century produced changes in the Court's practices that are still felt today. In this first half-century or so of the Court's existence, more dramatic developments and changes occurred in oral argument practice than in any other period of the Court's history. ¹     

Greetings from the cybercaliphate: some notes on homeland insecurity

One of the paradoxical effects of the 7 July bombings in London was to expose the ambivalence in the British government's attempt to wage war on terror by forcefully prosecuting war against those who resort to jihad abroad, actively participating in coalitions of the willing whether in Afghanistan or Iraq, while affording some of Islamism's key ideologists and strategists a high degree of latitude in the United Kingdom itself. This indicates a number of contradictions in official policy that simultaneously recognizes the globalized threat from violent Islamic militancy while, under the rubric of multiculturalism, tolerating those very strains of Islamist radicalism, some of which draw upon the interdependent and transnational character of conflict, to render the UK vulnerable to those very same violent forces. Consequently, the British authorities displayed a studied indifference towards this developing transnational phenomenon both during the 1990s and in some respects even after the London bombings. To explore the curious character of the government's response to the Islamist threat requires the examination of the emergence of this radical ideological understanding and what it entails as a reaction to modernization and secularism in both thought and practice. The analysis explores how government policies often facilitated the non-negotiable identity politics of those promoting a pure, authentic and regenerated Islamic order both in the UK and abroad. This reflected a profound misunderstanding of the growing source and appeal of radical Islam that can be interpreted as a consequence of the slow-motion collision between modernity in its recent globalized form and an Islamic social character, which renders standard western modernization theory, and indeed, the notion of a 'social science' itself, deeply questionable.     

Progressivism Redux

Alan Dawley , Changing the World: American Progressives in War and Revolution . Princeton : Princeton University Press , 2003 . 352 pp., notes, bibl., index. $ .     

Competition and Cooperation in Industrial Clusters: The Implications for Public Policy

Alfred Marshall believed that, while the benefits of clusters resulted from cooperation between firms, competition was an important driving force. In contrast, contemporary theories of clusters place most emphasis on collective action. This article seeks to distinguish processes of competition and cooperation within clusters, through a critical reading of different theoretical approaches. This distinction has important implications for the scale and nature of public policy. An emphasis on competitive processes implies a more macro-economic role for public agencies in seeking to raise investment in innovation while the fostering of cooperation implies measures to support decentralized public-private research collaborations.     

EUROPEAN BRIEFING

Much has been made of completing the Single European Market in Europe. Despite movements towards more advanced levels of integration such as currency union, there remains several grey areas in specific industries that are not allowing for open access to the market. These areas include government activities such as electricity and gas along with other industries such as telecommunications. This article sets out to examine whether there is likely to be a free market in these sectors and assesses the progress being made since the introduction of a number of procurement directives post-1998. This will therefore have an influence on land use planning. The article draws on the literature of regulation and industrial organization as well as European integration in order to demonstrate the complexities of these industries and the problems of full compliance with the single market.     

ELECTIVE AFFINITIES AND THEIR PHILOSOPHY

Elective Affinities: Musical Essays on the History of Aesthetic Theory collects a selection of Lydia Goehr's recent essays. In them she traces "a history of attraction and reaction … of music to philosophy, drama, birdsong, crime, film, and nationhood" (ix). Goehr examines the ways that philosophers, the ideas that they present, and works of art display "elective affinities". Her procedure is like that of an art historian who presents parallel slides to reveal visual affinities, even between artists who themselves were unaware of each other. Her analyses are erudite, lucid, and always suggestive, but what I found most admirable in Elective Affinities is Goehr's extraordinarily brave experimentation with a novel form of philosophy-writing, the adumbration of which is the focus of this review. Her book is strange enough to be genuinely magnificent and lastingly influential.     

Innovation and precedent in the Kosovo war: the impact of Operation Allied Force on US foreign policy

The 1990s was a period of strategic innovation in US foreign policy. Operation Allied Force in particular represented an important step in the contorted evolution of America's attitude towards the use of force in the post-Cold War period. That operation demonstrated the growing influence of humanitarian concerns and the extent to which America was willing to reconsider Cold War criteria on the prudence and utility of force in support of its foreign policy. In its decision to intervene in Kosovo, the Clinton administration also divided opinion among the military. This, in effect, reduced the premium placed on the counsels of the armed forces and made it easier for the Bush administration subsequently to ignore their advice. Furthermore, having fought the war multilaterally through NATO, Operation Allied Force made America more wary of doing so again. In other words, the intervention set a number of precedents and left a significant legacy for the way in which US foreign policy was pursued in the decade that followed. This legacy is considered in two parts: the first analyses those issues associated with the use of force debate; the second considers how the Kosovo experience affected US attitudes to coalition warfare.     

Pragmatism or what? The future of US foreign policy

This article discusses the intellectual sources of the presidential candidates' foreign policies. In the case of Barack Obama, the article examines the formation of his worldview, his intellectual inspirations, his most significant foreign policy appointments and the diplomatic course he has pursued as president. Mitt Romney's foreign policy views are harder to identify with certainty, but his business and political career—as well as the identity and dispositions of his advisory team—all provide important clues as to the policies he will pursue if elected in November 2012. The article finds much common ground between the two candidates; both are results‐driven pragmatists, attuned to nuance and complexity, who nonetheless believe—in agreement with Robert Kagan—that US geostrategic primacy will continue through the span of the twenty‐first century. The gulf between the candidates on domestic policy is vast, but on foreign policy—Romney's bellicose statements through the Republican primaries served a purpose that has passed—there is little between them.