Novus Ordo Seclorum

Review in this Article
Michael H. Hunt. Ideology and U.S. Foreign Policy . New Haven: Yale University Press, 1987. xiv + 237 pp.     

The exploitation of marine resources at Saruq al‐Hadid: Insights into the movement of people and resources in Bronze and Iron Age south‐eastern Arabia

Marine resources were an integral and consistent component of subsistence strategies employed in south‐eastern Arabia throughout late prehistory. Of particular interest is the movement of these resources from the coast to interior sites and the implications of this movement for transhumance and trade in the region during this period. Marine species were frequently identified in the faunal assemblage from the inland site of Saruq al‐Hadid, dating from the Bronze Age to Early Iron Age (c.2000–c.800 BCE). This included marine fish species, along with two cormorant species (Phalacrocorax sp.) and several fragments of dugong (Dugong dugon). Twenty‐seven families of marine shell were also identified in the remains recovered from the site. The presence of these remains at this inland site demonstrates that resources were frequently moved from the coast to the interior throughout Saruq al‐Hadid’s occupation, indicative of their enduring significance in subsistence strategies employed at the site. This paper presents the results of zooarchaeological analysis of these remains and discusses the significance of their presence at Saruq al‐Hadid, with reference to subsistence, craft production and intra‐regional exchange during the Bronze and Iron Ages.     

The Judicial Bookshelf

"In law, also, men make a difference," ¹ counseled Felix Frankfurter the year before his appointment to the Supreme Court. Frankfurter highlighted one of the three critical components of judicial decision-making in constitutional law: alongside the text of the Constitution itself and the cases that pose various questions for decision are the women and men who answer those questions. Those answers, as Frankfurter believed, are invariably influenced by the values Justices bring with them to the Bench. Yet he was expressing no newfound truth, but an awareness that had been apparent for a long time. "Impressed with a conviction that the true administration of justice is the firmest pillar of good government," President George Washington wrote future Attorney General Edmund Randolph in 1789, "I have considered the first arrangement of the judicial department as essential to the happiness of our country and the stability of its political system." To be sure, the Court's role in the political system was unclear, but Washington realized the impact the Court might have in the young Republic. This required, he told Randolph, "the selection of the fittest characters to expound the laws and dispense justice." ² And as he filled the six seats Congress had authorized for the Supreme Court, the first President made sure that each nominee was a strong supporter of the new Constitution.     

Softly,softly to Iraq: Removing the inverted commas from Japan's security contributions

This article considers the Japanese Government's decision to send self-defence force personnel to Iraq 'for humanitarian assistance' as a basis for examining the tensions between expectations and aspirations of Japan's security identity. The deployment presents us with an opportunity to examine prevailing assumptions about international security and what it means for Japan's international 'contributions'. The article seeks to explore the theoretical constructs and practical constraints which foster the tension between those who expect Japan's military capability to be equal to its economic status (that is, a 'normal power') and those who champion Japan's 'comprehensive security' position as a long-standing alternative security interpretation. The article acknowledges that while the deployment may well represent the very limits of constitutional interpretations of the famous Article 9 (or peace clause), it also presents an option which ought to withstand ongoing international and domestic pressures to revise the 1947 Constitution.     

Poverty Reduction with Growth and Redistribution

In the late 1990s the bilateral and multilateral development agencies placed increasing emphasis on poverty reduction in developing countries. This led to the establishment by the United Nations of the ‘International Development Targets’ for poverty reduction. The target of poverty reduction might be achieved through faster economic growth alone, through redistribution, or through a combination of the two. This article presents an analytical framework to assess the effectiveness of growth and redistribution for poverty reduction. It concludes that redistribution, either of current income or the growth increment of income, is more effective in reducing poverty for a majority of countries than growth alone.     

Oral Advocacy and the Re-emergence of a Supreme Court Bar

Over the past generation, roughly the period since 1980, there has been a discernible professionalization among the advocates before the Supreme Court, to the extent that one can speak of the emergence of a real Supreme Court bar. Before defending that proposition, it is probably worth considering whether advocacy makes a difference—whether oral argument matters. My view after one year on the opposite side of the bench is the same as that expressed by no less a figure than Justice John Marshall Harlan—the second one—forty-nine years ago, after he completed his year on the Court of Appeals for the Second Circuit. ¹ Justice Harlan lamented what he saw as a growing tendency among the bar "to regard the oral argument as little more than a traditionally tolerated part of the appellate process," a chore "of little importance in the decision of appeals." ² This view, he said, was "greatly mistaken." ³ As Justice Harlan told the bar, "[Y]our oral argument on appeal is perhaps the most effective weapon you have got." ⁴     

The Judicial Bookshelf

Standard nomenclature in Supreme Court literature contrasts the "old Court" and the "new Court" (or, sometimes, the "modern Court"). By most accounts, the dividing line between the two falls during the years 1937–1940, when the nation witnessed a judicial and constitutional revolution. The proverbial "irresistible force" (in the form of President Franklin Roosevelt's New Deal program to cope with the Great Depression) met the "immovable object" (in the guise of the Supreme Court under the leadership of Chief Justice Charles Evans Hughes that, for a short time, stymied many of the President's initiatives). The result was Roosevelt's audacious assault on the Court through the Court-packing plan and the hasty change of mind by Hughes and Justice Owen J. Roberts that gave Roosevelt the five sure votes he needed so that his agenda could receive the constitutional stamp of approval. This flip-flop was promptly followed by the Court's adoption of a new agenda for itself, one that elevated civil liberties into a preferred position in the hierarchy of constitutional values and demoted property interests, which heretofore had been accorded heightened judicial protection.     

The Obscenity Bargain: Ralph Ginzburg for Fanny Hill

The next‐to‐the‐last witness at the July 1968 hearings on the nomination of Abe Fortas to replace Earl Warren as Chief Justice was James Clancy. Along with another attorney, Charles Keating, who would later gain infamy in the savings and loan scandal of the 1980s, Clancy appeared on behalf of Citizens for Decent Literature, an anti‐smut organization that had filed amicus briefs supporting censorship “as essential to the development of good family living” ¹ in the Supreme Court's important obscenity decisions. ² Clancy asserted that everyone should see the materials Fortas had held were entitled to First Amendment protection, and so he had assembled a thirty‐minute compilation of them for the Judiciary Committee's viewing.