Presidents as Supreme Court Advocates: Before and After the White House

Eight men who took the presidential oath also appeared before the Supreme Court of the United States as advocates. From Senator John Quincy Adams at the outset of the Marshall Court to Richard M. Nixon during the high-water mark of the Warren Court, future and past Presidents have argued before the Supreme Court on such varied and important topics as land scandals in the South, slavery at home and on the high seas, the authority of military commissions over civilians during the Civil War, international disputes as an aftermath of the Alaskan Purchase, and the sensitive intersection between the right to personal privacy and a free press. Here, briefly, are stories of men history knows as Presidents performing as appellate lawyers and oral advocates before the nation's highest court.     

Environmental Values and Water Policy

The emergence of water markets has heralded the prospect of increased efficiency in the use of the resource for extractive purposes. However, water markets have not encompassed all elements of demand for the resource. Notably, demands for the environmental public goods provided by river flows have not been revealed in markets. State Governments have instituted regulations requiring ‘environmental flows’ to be quarantined from the market allocation process. This policy has triggered negative responses from irrigators and conservationists. Lobby groups have found that the process of determining environmental flows is a prospective site for rent seeking. To avoid policy being driven by rent seeking, information on the costs and benefits of environmental flows is useful. Whereas the costs of environmental flows are readily assessed through reference to market data on irrigators’ surpluses foregone, the benefits must be estimated through the use of non‐market, stated preference valuation techniques. These techniques — including contingent valuation and choice modelling — remain controversial. Some argue that they should not be used on ethical grounds. Others argue that they cannot be used on technical grounds. These arguments are discussed in this paper, using the context of the water policy debate. The evidence is that stated preference techniques are being used, and applications have been performed in Australia in the context of riverine health. However their use remains restricted relative to the scale of the Australian natural resource management task. Some possible explanations for this limited up‐take are provided along with some suggested ways forward.     

Can Only Religion Save Us?

This paper will examine the loss of confidence in secular bases for the normative understanding of, and response to, the fundamental social and political problems. The recent arguments of Richard Falk in favour of a religious foundation for a humane globalization will be taken as paradigmatic. While the paper agrees that the normative core of major world religions supports Falk's particular conclusion that religion can provide the content for a universal critique of inhumane global governance, it will conclude that the universal claim that global human solidarity today can only be built on the basis of religious faith does not follow. The paper will contend that the required normative foundation for the positive project of constructing global human solidarity is neither religious nor secular, but synthetic, embracing both—in what I will call, following the work of John McMurtry—the “life-ground of value.”     

A Fisk patent metallic burial case from Western Missouri: an interdisciplinary and comprehensive effort to reconstruct the history of an early settler of Lexington,Missouri

In 2006 a cast-iron coffin was discovered in an unmarked burial plot in Lexington, Missouri. A multifaceted investigation was conducted to provide historical documentation and possible identification of the individual. The coffin is an early Fisk Patent Metallic Burial Case. Osteological analyses indicate that the skeletal remains belong to a 20 to 30 year old white female who consistently ate an omnivorous diet with significant amounts of C4 plants or seafood. Rib morphology and her burial garments suggest she frequently wore restrictive clothing. No gross skeletal pathological lesions or trauma were observed except for a patch of reactive bone and an atypical pattern of bone remodeling on the visceral surface of the sixth rib. Subsequent bacterial DNA analysis of the ribs and sternum indicate the presence of tuberculosis infection. Although not conclusive, multiple lines of evidence are consistent with the skeletal remains representing Elizabeth (Triplett) Stewart who died in 1854 of pulmonary tuberculosis. This multidisciplinary research significantly contributes to the local history of Lexington, Missouri and provides a likely identification of the deceased individual for the Stewart Family.     

Pet Sounds: Subsystems,Regimes, Policy Punctuations,and the Neglect of African American Farmers, 1935–2006

Punctuated equilibrium theory (PET) has reoriented the study of public policy and American politics in particular. In this study, we documented how a policy punctuation that appears to take hold at the macro level of the polity in the form of a policy regime has difficulty penetrating subsystem politics. We drew on subsystems theory, PET, and the latest work on policy regimes to document the resistance of the agriculture subsystem to efforts to add a civil rights dimension to agriculture policy between 1935 and 2006. We concluded that the issue evolution of agricultural support programs, and their insulation from civil rights policy, is a prime example of how subsystems use negative feedback to resist change.     

Palaeodiet at Eton College Rowing Course, Buckinghamshire: isotopic changes in human diet in the Neolithic, Bronze Age, Iron Age and Roman periods throughout the British Isles

Through isotopic investigations of directly dated human remains recovered from the Eton College Rowing Course, we examine changes in diet from the Neolithic to the Roman period. The human isotope signatures point to a diet based on C₃ terrestrial resources. A significant correlation is visible between human ??¹³C values and time, but no such trend is observed in ??¹⁵N. The animal isotope data from Eton are unevenly distributed, making it difficult to determine if the human values mirror the animal values. To assess whether the results from Eton are typical, we compare our results to isotope data from other British sites dating from the Neolithic to the Roman period. Across this time period, we see a strong correlation between the mean ??¹⁵N of the humans and that of the main domesticated herbivores, with an offset of ??4.5?? between the two. Thus, the changes in the human isotope values are likely linked to changes in the isotopic signatures of the herbivores rather than changes in the protein composition of human diets. By contrast, no clear temporal relationship is observed between the mean ??¹³C of the humans and that of the main domesticated herbivores, with an offset of ??1.4?? between the two. There is, however, a weak correlation observed between the mean ??¹³C of the humans and that of the cattle, which may account for some of the variation in human ??¹³C values between sites. The absence of a strong correlation between mean human and animal ??¹³C suggests that the primary factor influencing human ??¹³C values between sites is dietary composition. The lack of co-variation between ??¹³C and ??¹⁵N is likely to reflect the different representation of dietary macronutrients. Given that the nitrogen results suggest that the animal protein consumption patterns are similar across sites, the human ??¹³C variation between sites is likely to reflect the plant portion of the diet.     

Canids as persons: Early Neolithic dog and wolf burials, Cis-Baikal, Siberia

Interpretations of dog burials made by ancient foraging groups have tended to be based upon our own relationships with such animals and modern western cosmological and ontological concepts. Osteological studies of early dogs often focus only on issues of taxonomy, and as a result very little is known about these animals’ life histories. Eastern Siberia has produced many Holocene dog burials, but these are typically not well described and the explanatory frameworks provided for them are very underdeveloped. Here we examine in detail two Cis-Baikal canid burials, one of a wolf and the other a dog, both in large Middle Holocene hunter-gatherer cemeteries. We link the mortuary treatment of these animals to other cultural practices, particularly the treatment of the human dead, and broader patterns in Northern human-animal relationships. This interpretive model is combined with detailed osteobiographies for the canids and contextual information for these and other dogs and wolves from Middle Holocene Cis-Baikal. It is argued that canids here were understood and treated in a variety of ways. We suggest that some animals with unique histories were known as distinct persons with ‘souls’ and because of this at death required mortuary rites similar to those of their human counterparts.     

State of the Union Addresses and the President's Legislative Success

The State of the Union speech is generally considered a roadmap of the president's legislative program each year, yet little attention has been given to whether it functions as a determinant of the president's legislative success. The primary purpose of this article is to empirically examine the policy content of the message and the link to the president's policy success. In addition, I explore how this relationship is conditioned by the strength of the opposition party and the level of partisanship in Congress. Based on analysis of annual data from 1954–2000, the results indicate the speech has a positive and significant influence on the president's success in domestic policy. While this influence remains significant at low and average levels of partisanship and opposition party strength, it disappears when each factor is at high levels. I conclude with a discussion of how this study relates to previous research on the link between presidential speeches and legislative success.     

The Evolution of American Farm Silos

The conspicuous silo on American farmsteads is the result of an evolving process to store ensilage effectively. From merely indoor stone-lined pits in the ground and exterior wooden rectangular and circular silos of the past, today's silos include the highly mechanical fiberglass and metal (Harvestore) structures. Ensilage has become an important aspect of agriculture, especially in the northeastern quarter of the United States and adjacent parts of Canada. The silo reflects the ongoing changes in agricultural production and in the American farmstead.