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19501. Domestic Adjudication of Sexual and Gender-based Violence in Armed Conflict: Considerations for Prosecutors and Judges

Author:
Evelyn W. Kamau
Publication Date:
01-2011
Content Type:
Journal Article
Journal:
African Journal of Legal Studies
Institution:
The Africa Law Institute
Abstract:
The increased domestication of international core crimes like genocide, crimes against humanity and war crimes has placed national prosecutors and judges on unfamiliar ground. Specifically, though very welcome, the recognition of acts of sexual and gender-based violence (SGBV) as constituting core international crimes poses a further challenge. The circumstances surrounding the commission of SGBV as international core crimes, coupled with their unique elements and manner of proof, makes their domestic prosecution seem that much more difficult. An understanding of how acts of SGBV constitute international core crimes, their constituent elements and the manner of proving them, coupled with how to treat victims and witnesses of SGBV, goes a long way in easing the perceived challenge of domestically prosecuting them. This article is geared towards achieving that and is directed at people who are involved in or are considering carrying out domestic prosecutions and adjudications of SGBV as international core crimes.
Topic:
War

19502. Pakistan 2020: A Vision for Building a Better Future

Author:
Hassan Abbas
Publication Date:
05-2011
Content Type:
Working Paper
Institution:
Asia Society
Abstract:
In recent years, Pakistan has stumbled from one crisis to another. A number of political and socioeconomic challenges threaten to further destabilize a country that already is reeling from insurgencies along its northwestern border. Pakistan's newest democratic government is struggling to maintain control over parts of its territory where militant religious groups are intent on challenging its authority and legitimacy. The country's conflict with India over Kashmir, now in its seventh decade, appears as intractable as ever, and the war in neighboring Afghanistan has deepened instability throughout Pakistan. The transition from a near-decade-long rule under a military dictatorship is slow and complicated, as rampant corruption and politicization of the bureaucracy present huge obstacles to the state-building process.
Topic:
Conflict Resolution, Foreign Policy, Democratization, Development, Economics, Education, and Health Care Policy
Political Geography:
Pakistan, Afghanistan, and South Asia

19503. Strategische Grundprobleme externer politischer und militärischer Intervention

Author:
Jochen Hippler
Publication Date:
06-2011
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
Western foreign policy is increasingly attempting to influence and reform the internal political situation and societies in target countries (for example to achieve democratization or economic reform), instead of restricting itself to inter-governmental exchange. The record of success in this regard is hardly encouraging. Does Western foreign policy have the necessary strategies and instruments to achieve these goals? This paper will analyze the mix of foreign policy interests involved, the development of strategy, and its instruments. It then focuses on the necessary preconditions for success in the target countries, both in society and the political system. In a next step the paper analyses the problems and limits of a policy of external reform by Western governments. Finally it offers a series of short policy recommendations.
Topic:
International Relations, Foreign Policy, Democratization, Development, Economics, Humanitarian Aid, International Security, and Foreign Aid

19504. American Individualism—How a New Generation of Conservatives Can Save the Republican Party

Author:
Michael |A. LaFerrara
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
New York: Crown Forum, an imprint of the Crown Publishing Group, a division of Random House, Inc. 247 pp. $24.99 (hardcover). Reviewed by Michael A. LaFerrara While working on the 2004 Bush-Cheney reelection campaign team, Fox News contributor Margaret Hoover came to a stark realization: On gay rights, reproductive freedom, immigration, and environmentalism, the Republican party “was falling seriously out of step with a rising generation of Americans . . . the 'millennials'” (pp. ix, x). “[B]orn roughly between the years 1980 and 1999 [and] 50 million strong,” this rising new voter block, says Hoover, has “yet to solidly commit to a political party” and thus could hold the key to the GOP's electoral future (p. xi). Hoover looks back for comparison to 1980, when Ronald Reagan fused a coalition of diverse conservative “tribes” around a central theme: anticommunism (p. 25). If the millennials, who “demonstrate decidedly conservative tendencies” (p. xii), could be united with today's conservatives under “a new kind of fusionism” (p. 41), the Republican party would be on its way to majority status, she holds. Hoover sees differences among conservatives and divides the “organized modern conservative coalition in America” (p. 28) into three main categories: economic libertarians and fiscal conservatives led by three “leading lights” who “were . . . not populists [nor] self-described conservatives,” but “thinkers”—Friedrich von Hayek, Milton Friedman, and Ayn Rand. social conservatives, traditionalists, and the “Religious Right” led early on by Russell Kirk, Richard Weaver, and Robert Novak, and later by Jerry Falwell, Pat Robertson, James Dobson, and Phyllis Schlafly. anticommunists and paleocons led by Whittaker Chambers, John Chamberlain, James Burnham, and Pat Buchanan. According to Hoover, these three factions have formed the core of the movement that began with the publication of the National Review in November 1955 (p. 28) and have since been joined by neocons (p. 35), Rush Limbaugh's “Dittoheads,” Sarah Palin's “Mama Grizzlies,” the Tea Party uprising (pp. 36–37), and the “Crunchy Cons” and “enviro-cons” (p. 37). Hoover's hope is to find common ground between these conservatives and the millennials. . . .
Topic:
Economics
Political Geography:
America

19505. Disabling America: The Unintended Consequences of the Government's Protection of the Handicapped

Author:
Joshua Lipana
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
Nashville: WND Books, 2004. 240 pp. $17.99 (hardcover). Reviewed by Joshua Lipana For the purpose of “helping” the disabled, President George H. W. Bush signed the Americans with Disabilities Act into law in 1990. In Disabling America, Greg Perry tells us that the “ADA infiltrates the lives of average Americans in ways far beyond what we usually think—wheelchair signs in parking lots and grab bars in public restrooms” (p. 2). And as the book shows, the ADA affects virtually everything in the private sector. Perry, a successful writer and businessman who was born with one leg and only three fingers, explains in chapter 1, “Compassion or Coercion,” why he believes the ADA is immoral. He compares a situation in which a person voluntarily helps an elderly lady cross a street with a situation in which the government forces you to help the lady to cross the street. In the guise of compassion, we get state coercion. With a legal gun to your head, the government now states that you will be compassionate to the disabled and you must implement that commission exactly [how] the government spells out that you are to do so. Such force is cruel to both the disabled and the non-disabled. (p. 3) Perry moves on to show the damage that government intervention in the name of the disabled has done to businesses, including forcing some to close down. He reports on how business owners have had to spend hundreds of thousands—in some cases millions—of dollars fighting baseless lawsuits and complying with ADA standards, and how their overall freedom has been diminished. . . .
Topic:
Government
Political Geography:
America

19506. The Right to Earn a Living: Economic Freedom and the Law

Author:
Loribeth Kowalski
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
Cato Institute, 2010. 376 pp. $25.95 (hardcover). Reviewed by Loribeth Kowalski Parents in America typically tell their children that they can be anything they want to be when they grow up, and children tend to believe it and explore the countless possibilities. I recall my own childhood aspirations: imagining myself as an archaeologist, wearing a khaki hat and digging in the desert sun; as a veterinarian, talking to the animals like Dr. Doolittle; as a writer, alone at my desk, fingers poised over a typewriter keyboard. Recently I found an old note in a drawer. It said, “When I grow up, I want to be a doctor. I want to save people. When I grow up, I WILL be a doctor.” Underneath my signature I had written “age 10.” Unfortunately, in today's America, a child cannot be whatever he wants to be. Leave aside for the time being the difficulties involved in entering a profession such as medicine. Consider the more man-on-the-street jobs through which millions of Americans seek to earn a living, support their families, and better themselves. Suppose a person wants to drive a taxi in New York City. To do so, he will first have to come up with a million dollars to buy a “medallion.” If he wants to create and sell flower arrangements, and lives in Louisiana, he'll have to pass a “highly subjective, State-mandated licensing exam.” If he wants to sell tacos or the like from a “food truck,” and lives in Chicago, he had better keep his business away from competing restaurants, or else face a ticket and fine. And a child doesn't have to wait until he's an adult to directly experience such limitations on his freedom. Last summer, authorities in various states shut down children's lemonade stands because they didn't have vending permits or meet other local regulations. In today's America, it is increasingly difficult to enter various professions, near impossible to enter some, and, whatever one's profession, it is likely saddled with regulations that severely limit the ways in which one can produce and trade. Timothy Sandefur explores and explains these developments in The Right to Earn a Living: Economic Freedom and the Law. Sandefur addresses this subject in the most comprehensive manner I've seen, surveying the history of economic liberty from 17th-century England through the Progressive era in America and up to the present day. He shows how the freedom to earn a living has been eroded in multiple ways throughout the legal system, from unreasonable rules, to licensing schemes, to limitations on advertising, to restrictions on contracts. In The Right to Earn a Living, we see how these and other factors combine to create a system in which it is more and more difficult to support oneself and one's family in the manner one chooses.
Topic:
Development and Economics
Political Geography:
New York and America

19507. Keynes Hayek: The Clash That Defined Modern Economics

Author:
Richard M. Salsman
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
New York: W. W. Norton Company, 2011. 382 pp. $28.95 (hardcover). Reviewed by Richard M. Salsman The financial-economic crash of 2008–9, dubbed the “Great Recession” by pundits who have insisted its severity was second only to that of the Great Depression (1930s), has been blamed on “greed,” tax-rate cuts (2003), the GOP, and looser regulations in the prior decade—that is, to what passes today for full, laissez-faire capitalism (the same culprit fingered in the 1930s). The crash has also renewed interest in Keynesian economics, which holds that free markets are prone to failures, breakdowns, and recessions due to excessive production (supply) and can be cured of slumps only by state intervention to boost demand and dictate investment. And the crash has led to the worldwide adoption of two pet policies of John Maynard Keynes (1883–1946): massive deficit spending and inflation to “stimulate” stagnant economies. In fact, economies continue to languish not in spite of Keynesian policies but because of them. One key factor precipitating the recent revival of Keynes was the awarding of a Nobel prize to Keynesian Paul Krugman in fall 2008, during the worst weeks of the crisis, when the $700 billion bank bailout (TARP) was debated and enacted. A half dozen new books since 2008 also have helped revive Keynesian notions; one is subtitled “return of the master,” another eagerly reports that the crash has “restored Keynes, the capitalist revolutionary, to prominence.” As in the 1930s, when Keynes first exerted strong influence on policy, he is depicted today as capitalism's savior, favoring a mixed economy to quell popular angst of recessions and prevent more authoritarian alternatives (fascism, communism). Like most intellectuals today, British journalist Nicholas Wapshott (formerly senior editor at the London Times and New York Sun) falsely attributes the recent financial crisis to overly free markets; he also admires Keynes, his demand-side theories, and his interventionist policies. Yet unlike typical hagiography on Keynes, Wapshott adopts an ideas-oriented approach to Keynes's revival in his book, Keynes Hayek: The Clash That Defined Modern Economics. Like most interpreters, Wapshott believes that Keynesianism somehow “saves” capitalism from itself and from ultimate political tyranny, although he does not deny (or bother to hide) the many cases where Keynes expresses an unvarnished hatred for individualism and free markets. He acknowledges (and welcomes) the return of Keynesian policies, but he worries they may have been hastily implemented and thus ineffectual, given that multi-trillion-dollar stimulus schemes in the three years since 2008 have not boosted growth or jobs. Wapshott rightly recounts how Keynesianism was discredited during the 1970s “stagflation” (which it could not explain) and successfully challenged by “efficient market” theorists and classically oriented supply-siders (“Reaganomics”). But he exaggerates the reach of pro-capitalist ideas and policies in recent decades, and pins blame for the recent crash on what is still free about markets, not on the state interventions that necessarily render otherwise efficient markets dysfunctional and destructive. Yet Wapshott's main goal in Keynes Hayek is to have us understand Keynes's recent revival in the context of a long-running battle or “clash” between the ideas and policies of Keynes and those of Austrian economist Friedrich Hayek (1899–1992), who is portrayed as the champion of free markets and skeptic toward state intervention. Wapshott mostly succeeds in achieving his goal, but in the end he draws the wrong conclusion—namely, that the Keynesian revival is warranted—because he believes, not merely with Keynes, but, we see, also with Hayek, that markets fail when left free. In fact, free markets do not fail, but widespread belief that they do has helped revive Keynes. . . .
Topic:
Economics

19508. Capitalist Solutions: A Philosophy of American Moral Dilemmas

Author:
Ari Armstrong
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
New Brunswick: Transaction Publishers, 2012. 180 pp. $34.95 (hardcover). Reviewed by Ari Armstrong How often does an author defend the right of citizens to own guns and the right of homosexuals to marry—in the same book chapter? In his new book Capitalist Solutions, Andrew Bernstein applies the principle of individual rights not only to “social” issues such as gun rights and gay marriage but also to economic matters such as health care and education and to the threat of Islamic totalitarianism. Bernstein augments his philosophical discussions with a wide range of facts from history, economics, and science. The release of Capitalist Solutions could not have been timed more perfectly: It coincides with the rise of the “Occupy Wall Street” movement that focuses on “corporate greed” and the alleged evils of income inequality. Whereas many “Occupiers” call for more government involvement in various areas of the economy—including welfare support and subsidies for mortgages and student loans—Bernstein argues forcefully that government interference in the market caused today's economic problems and that capitalism is the solution. The introductory essay reviews Ayn Rand's basic philosophical theories, with an emphasis on her ethics of egoism and her politics of individual rights. Bernstein harkens back to this philosophical foundation throughout his book, applying it to the issues of the day. . . .
Topic:
Economics, Education, and Health
Political Geography:
America

19509. Toyota Under Fire: Lessons for Turning Crisis into Opportunity

Author:
Daniel Wahl
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
New York: McGraw-Hill, 2011. 237 pp. $20 (Kindle edition). Reviewed by Daniel Wahl Already battered by slowing automobile sales due to the 2008 recession, Toyota faced a second crisis: claims that its management had put short-term profits ahead of their customers' safety. With commentators in the United States harshly criticizing the Japanese car manufacturer, Jeffrey K. Liker felt compelled to rise to Toyota's defense. Liker is the author of six books on the company, including the international best seller The Toyota Way, which shows readers the principles and operations that enabled Toyota to become both highly regarded by its customers and one of the most consistently profitable companies ever. In short, Liker knows Toyota more intimately than most, and the claims he was hearing in 2009 didn't correspond to that knowledge. But before he rushed to defend the company, Liker paused. A friend reminded him that blindly defending the company wasn't “the Toyota way,” and he had to agree. The Toyota Way demands that any problem be thoroughly investigated before any conclusions are reached. It demands that problem solvers “go and see” the problem firsthand and not rely on abstract, thirdhand reports. It demands thoughtful and critical reflection to find root causes and develop effective solutions. Most of all, it demands that every team member openly bring problems to the surface and work to continuously improve what is within their control. I wasn't doing any of these things. Whether Toyota was living up to its principles or not, I wasn't. (loc 165) So Liker set aside his defense of Toyota and set out to investigate what happened at Toyota during these crises; Toyota Under Fire: Lessons for Turning Crisis into Opportunity presents his findings. Together, Liker and coauthor Timothy N. Ogden went to plants across America and Japan to see whether Toyota was still the same company that Liker profiled in his earlier books—a company living up to its principles. As it turned out, Liker was glad he paused.
Political Geography:
United States, Japan, New York, and America

19510. Dare to Stand Alone: The Story of Charles Bradlaugh, Atheist and Republican

Author:
Roderick Fitts
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
Oxford: Kramedart Press, 2011. 400 pp. $32 (hardcover). Reviewed by Roderick Fitts Dr. Bryan Niblett's work, Dare to Stand Alone: The Story of Charles Bradlaugh, Atheist and Republican, immerses the reader in the life of a man who courageously fought against the Victorian-era culture of his time—and won. Niblett shows Bradlaugh to be a radical of his time, whose life's work consisted of passionately arguing in support of his unpopular views, including atheism and individual rights, and against injustices such as the “Oaths Act” of England, which excluded men with certain religious beliefs, including atheism, from taking office as a member of Parliament (MP). Niblett's thesis is “that one man, relying on reason, and daring to stand alone, can make a difference in the world” (p. viii). This he shows by surveying the life of Charles Bradlaugh (1833–1891), including personal, family, social, and business matters, but focusing primarily on various legal conflicts that defined Bradlaugh's career. His life and struggles are presented in a series of short and accessible chapters. We first see Bradlaugh as a poor young lad with a sense of justice, a desire to gain a wide range of knowledge and skills, and a penchant for conveying his ideas to others by means of logical arguments. He would grow to be one of 19th-century England's greatest orators, a famous (and detested) atheist, the founder and first president of the National Secular Society, a powerful and distinctive MP, and a prominent opponent of socialism and communism. Niblett shows that Bradlaugh was a consummate individualist, believing that people should never accept the claims of authorities on faith or expect to be taken care of by others, but rather should seek to understand matters for themselves and solve their own problems. And because he held that men should live by the judgment of their own minds, he held that they should be free to do so. . . .
Political Geography:
England