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The slavery debates at Cambridge did not end with the emancipation of enslaved people in the Caribbean and India in 1843. In fact, undergraduates, fellows, and professors increasingly turned their attention to enslavement in the United States of America. Cambridge-educated abolitionists, such as Edward Strutt Abdy and Alexander Crummell, sought to mobilise opinion in both America and Britain against the persistent power of the enslaver class in the Southern United States. The outbreak of the American Civil War (1861–1865) inspired growing sympathy amongst educated British elites, including those at Cambridge, towards the Confederate cause, with many comparing American enslavers to landed British gentry in order to build camaraderie between British and American elites. The Confederacy, in turn, sought to lobby university men and mobilise student opinion in their favour to further the cause of Confederate diplomatic recognition in Britain.
In 1788, John Marshall made a prediction that was more prescient than he realized: The federal courts the new Constitution called for would be “the means of preventing disputes with foreign nations.” Marshall could not have known it, but for the next several decades international disputes over persons, ships, and goods caught up in maritime war would wash onto American shores, and into federal courtrooms. The courts’ decisions were essential to the United States’ emergence as a sovereign and independent nation. But preoccupation with Marshall’s famous constitutional rulings has obscured this story of judicial nation-building at sea. And while we have grown accustomed to the idea that “foreign affairs” are the domain of the legislative and executive branches, the political leaders who first tried to solve the puzzle of constitutional governance did not hew to such rigid notions of institutional responsibility. If Marshall’s legacy is the establishment of both judicial and national authority, this book shows that he and his contemporaries did so, first and foremost, at sea.
The history of how the federal judiciary shaped American sovereignty has long been hidden, obscured by two often-told stories about the courts and the nation. One tells us that judges historically have ceded authority to the president in foreign affairs, and therefore have had little influence on the United States’ international relations. The other asserts that the Marshall Court’s constitutional rulings laid the foundation for federal sovereignty under the Constitution. Both of these accounts have elements of truth, but only because of developments a century later. The claim that Marshall’s constitutional decisions shaped the nation projects backward into the past an importance those rulings did not have when they were made. And the notion that the courts have historically had little to do with foreign affairs ignores that early judges were central participants in a cooperative effort among the three branches of government to secure the United States’ place in the world. It is that legacy of judicial nation-building, rather than the stories we have inherited, that can help us think about the courts’ role today.
This article examines the food culture of the Iranian diaspora in the United States to emphasize how politics intruded on the lives of Iranians (rather than the ways in which Iranians engaged in political activism). The immigrant experience is defined by an effort to assimilate, dissimulate, and exert one's unique character onto the landscape of a host society. In the United States, Iranians struggled with competing impulses, which presented unique challenges in the food industry. In an effort to formulate and offer an “authentic” dining experience against the backdrop of an alternatively hostile and orientalizing Anglo-American clientele, Iranians nimbly accommodated both the political pressures from Iran and the transforming demographics of their restaurant patrons and cookbook readers.
In the United States, in the second half of the nineteenth century, the reforming institutions of the horse-drawn-carriage trade prescribed descriptive geometry to their workshops in order to modernize the drawing process for modern carriages. This injunction, institutionally supported by the builder’s national association, professional newspapers, and education, was part of a wider movement to organize production at a time when the carriage trade was booming. In order to facilitate the circulation of theoretical knowledge within workshops that were reluctant to mathematize their environment, two trade journals translated, in the space of a few years, and on three occasions (once by one journal and twice by the other), the same French treatise on descriptive geometry written by a Parisian carriage woodworker. This paper highlights the process of creation of a mathematical translation in a professional environment. It emphasizes the significant role of the industrial and technical context that influenced the choice of translators, the writing style, and the speed with which a translation was produced and published. In the case of mathematical content that did not belong to the common culture of the trade, international circulation allowed for the direct transfer of knowledge from one national industry to another, without relying on academic sources as intermediaries.
A major challenge for contemporary legal constitutionalism is a crisis of public ethics that manifests in the lack of mutual toleration and institutional forbearance towards the judiciary. To showcase the importance of these norms in the relationship among co-equal branches of government, I focus on three cases, one where these norms have been present—South Africa—one where they have been absent—Mexico—and one case in between—United States. Until this crisis is addressed, the authority of apex courts will continue to be under threat. The Article suggests that a starting point to address the public ethics deficit may lie in shifting comparative constitutional law scholarly attention to the political sphere.
The Nation at Sea tells a new story about the federal judiciary, and about the early United States itself. Most accounts of the nation's transformation from infant republic to world power ignore the courts. Their importance, if any, was limited to domestic politics. But the truth is that, in the critical decades following the Constitution's ratification, federal judges decided thousands of maritime cases that profoundly shaped the United States' relations with foreign nations. Judges ruled on the legality of naval captures made by European powers, regulated the conduct of American merchants, and tried pirates and slave traders who sought profit amid the turmoil of transatlantic war. Kevin Arlyck's vivid reconstruction of this forgotten history reveals how, over time, the federal courts helped realize an increasingly bold conception of American sovereignty, one that vindicated the Declaration of Independence's claim to the United States' place 'among the powers of the earth.'
This chapter begins by acknowledging punitive damages’ status as the paradigmatic proof of punishment’s place in the law of torts. A brief overview of current punitive damages practices around the world first shows that the place of punishment in tort law is no longer debated only by common law scholars. Then a detailed description of the understanding, scholarly treatment, and judicial availability of punitive damages focuses on two major common law jurisdictions (England and the United States) and various civil law legal traditions (mainly Latin America and Continental Europe). This map of the unique contours and idiosyncratic features of the scholarly debates and judicial availability of punitive damages of those jurisdictions reveals a common pattern that begs further inquiry: in most jurisdictions, the tendency is to frame the debate around the place of punishment in tort law such that the root problem becomes finding a way to circumvent the fundamental punitive quest instead of addressing it head-on.
The Secretary of the US Department of Health & Human Services, Robert Kennedy Jr is leading a political agenda against vaccination. This is undermining the delivery of life-saving vaccination programmes and provision of evidence-based information on the safety and effectiveness of vaccines for the public and health professionals. Inconsistent and conflicting messaging between health practitioners and government health agencies erodes trust in public health programmes, creating a vacuum which is often filled with mis/disinformation that presents severe consequences for families. Due to the transnational spread of diseases, we consider the implications of events in the US for routine childhood vaccination programmes in the UK. Public health agencies across the world need to be ‘Kennedy ready’; pragmatic steps must be taken to mitigate threats posed to vaccine confidence and the control of vaccine preventable diseases.
Drawing on four historical case studies, this chapter develops a picture of the paths toward civil service reform by interrogating the motivations of reformers, searching for clues as to whether they believed the merit system to be a democratizing reform or not. The first part of the chapter thus trains its sights on the period prior to reform in the United States and the United Kingdom. Whether reformers achieved their goals is a separate question. The second part of this chapter thus focuses on the distributional and representational consequences of civil service reform, looking at two different cases: China and India. In China, the merit system introduced during the seventh century was, in comparison to what preceded it, a democratizing reform, enabling ambitious office-seekers from regional hinterlands to share in power. India's brief interlude with unmediated meritocratic recruitment while under British colonial rule, meanwhile, was not democratizing and was ultimately criticized for effectively shutting the door to government representation among the less well-to-do.
This chapter assesses the book's theory about the effects of intra-industry trade on lobbying in the US case. First, the chapter examines the changing dynamics of trade politics in the United States during the postwar period, and it demonstrates the ways that these dynamics diverge from what is predicted by the classic trade models. Second, the chapter presents testable hypotheses to assess the influence of intra-industry trade on the structure of trade politics coalitions. In the remaining sections, I test my hypotheses and discuss my results and their implications for the politics of international trade. Using firm-level data on trade policy lobbying expenditures for 459 US manufacturing industries, I show that industry associations become less active in their lobbying efforts, relative to individual firms, as intra-industry trade increases. Furthermore, I find that this effect is stronger in import-competing sectors than in strong exporting sectors. This suggests that in import-competing sectors, exporting firms break away from protectionist industry associations to lobby alone for liberalization.
While often described as a unified process imposed by external actors on weak, conflict-ridden countries, international state building increasingly comprises a variety of actors involved in different ways in (re)building a diverse set of institutions. Civilian preferences are often excluded from this fragmented environment. We identify and explicate three dimensions along which postconflict state building meaningfully varies: the actor involved, the type of institution targeted, and the form of involvement. We then examine how variation along each dimension impacts civilians’ state-building preferences with two rounds of original survey experiments fielded in Liberia. We find that Liberians largely prefer state-building processes overseen by a subset of international actors; that they prefer state building focused on security-oriented institutions over non-security-oriented institutions; and that different forms of involvement in the process meaningfully influence their preferences. We also find that these preferences depend on civilians’ characteristics. Ultimately, we provide an initial, conceptual mapping of the diversified landscape of international state building, as well as an empirical “unpacking” of the conditions that may shape civilians’ preferences toward the process.
Although choice-of-jurisdiction clauses are routinely enforced by courts in the United States, there are circumstances where they are subject to special scrutiny. One of these circumstances is when the party resisting the clause was not provided with proper notice as to the existence of the clause or the identity of the chosen jurisdiction. This Article first reviews the existing case law in this area and shows that while some U.S. courts have refused to enforce clauses for lack of notice, others do so as a matter of course. It then discusses several decisions where U.S. courts have held that notice may serve as a substitute for consent to bind parties to choice-of-jurisdiction clauses in agreements that they never signed.
This article examines the Canada-United States Safe Third Country Agreement (STCA) in relation to a growing literature on bureaucrats’ role in immigration policy making, while challenging interpretations of the agreement as a “Europeanization” of Canadian policy. Canada is a prototypical liberal “migration state” that balances economic considerations, national security, rights and broader cultural concerns through its immigration regime. We open the “black box” of the state to examine how bureaucratic decision making informed the development of Canada’s asylum system. Drawing on interviews, archival materials and government documents, we show bureaucrats simultaneously sought to manage asylum backlogs and ensure compliance with international obligations while countering advocacy group opposition. The STCA reflects a uniquely Canadian approach to balancing competing imperatives in refugee policy, highlighting the role of bureaucrats in shaping immigration policy within domestic and international constraints. This research contributes to understanding the historical development of migration control policies in liberal democracies.
This chapter is a short intellectual biography focusing on my interest and engagement in questions of political legitimacy over the years. The chapter is organized into three parts. I begin by discussing how the issue of legitimacy has been one of my key intellectual concerns ever since I started to do research on politics, initially in the context of the study of political and legal regimes in Latin America (Argentina, Chile, and Uruguay). Next, I highlight my understanding of political legitimacy as a responsibility and what this means for the evaluation and judgment of politics. This understanding builds on one of my previous books, Legitimacy and Politics: A Contribution to the Study of Political Right and Political Responsibility. Finally, I focus on how, gradually, in particular in connection with my work with the United Nations (UN), I became interested in the question of political legitimacy at the international level.
The issue of international membership introduces the related issue of international rights holding. International rights holding amounts to being “in”—that is, being recognized as legitimate and, as such, as having rights. But the membership process through which a collective actor gets “in” and comes to enjoy the status of rights holder also has a selective and exclusionary character. There is an interrelated process of denial of rights holding for other collective actors. An illustration of how international membership associated with international rights holding can have this selective and excluding effect is the impact of international law on rights holding in the framework of colonialism—an impact so significant that it continues to have a legacy today. Thus, the selective character of international membership has a cost for international rights holding not simply for the societies at odds with the requirements of statehood but also for their individual members.
Boulez’s conducting career developed in the United States in the mid 1960s, when he was invited by George Szell to become guest conductor of the Cleveland Orchestra. From then until 1971, he conducted in Cleveland, Boston, Chicago, Los Angeles and New York, and was the principal conductor of the New York Philharmonic Orchestra during 1971–7. In later years, he conducted often with the Chicago Symphony Orchestra (1991–2010). In the context of these engagements, this chapter focuses on Boulez’s involvement with the music of a number of North American composers whose works he conducted, primarily in New York and Chicago. In New York, he pioneered the Prospective Encounters concerts in Greenwich Village, the Rug Concerts and a number of mini-festivals. While Elliott Carter was by far his most favoured North American composer, in Paris he conducted and recorded the work of Frank Zappa and finally in Chicago he conducted several compositions by Augusta Read Thomas.
Economists have modelled the economic rationale for intra-industry trade, yet political scientists largely have neglected it until recently. Every Firm for Itself explores how dramatic shifts in the way countries trade have radically changed trade politics in the US and EU. It explores how electorally minded policymakers respond to heavy lobbying by powerful corporations and provide trade policies that further advantage these large firms. It explains puzzling empirical phenomena such as the rise of individual firm lobbying, the decline of broad trade coalitions, the decline of labor union activity in trade politics, and the rising public backlash to globalization due to trade politics becoming increasingly dominated by large firms. With an approach that connects economics and politics, this book shows how contemporary trading patterns among rich countries undermine longstanding coalitions and industry associations that once successfully represented large and small firms alike.
The chapter illustrates what it meant for Carolyn Beatrice Parker (1917–1966) to be a Black woman physicist in the US during the Jim Crow era. Her father, a physician, and her mother, a teacher, shepherded her into Fisk University, an historically Black college. As a physics major she studied infrared spectroscopy with the Black physicist Elmer Imes, graduating with a BS in 1938. She later attended the University of Michigan, obtaining an MA in physics in 1941. But like many Black women, she spent time before and after graduate school teaching in the K–12 system. In 1943, she became a research physicist at the Aircraft Radio Laboratory in Dayton, Ohio, where she stayed for four years. Although she co-authored a governmental report about her work on signal attenuation in coaxial cables, her name only appeared in the acknowledgments of the ensuing academic publications, thus partly obscuring her contributions. In 1947, Fisk University welcomed Parker on the faculty, but she soon after enrolled in a nuclear physics PhD program at the Massachusetts Institute of Technology. After dropping out, she worked as a laboratory technician until she grew too ill and died a short time later.
When reflecting on this book’s insights, a key question is highlighted: What is the prospect for effectively preventing and resolving armed intrastate conflicts globally? The threat of such conflict erupting remains a constant risk for policy-makers and researchers to investigate, and to prepare for constructive intervention. As discussed throughout this text, the challenges inherent to establishing effective peacekeeping policies and resolving intrastate conflict remain. Furthermore, this chapter addresses how areas of non-violent conflict, but high tension, threaten to escalate in the future. Is it possible to successfully intervene and to deescalate future intrastate violence? From the timing of intervention to international cooperation, the debates and critical lessons that we conclude with here will encourage thought-provoking discussions on formulating effective policies to prevent and end intrastate violence.