Berkemer Revisited: Uncovering the Middle Ground Between Miranda and the New Terry

Over the past twenty-five years, appellate courts have significantly expanded the scope of police authority to stop and frisk potential suspects without probable cause, a power originally granted to law enforcement by the Supreme Court in Terry v. Ohio. This development has led Terry’s once limited licensing of police searches to run into conflict with a defendant’s right against compulsory self-incrimination while in police custody, as articulated by Miranda v. Arizona. This Note explores the contours of this unforeseen collision between two core constitutional doctrines and the solutions generated by appellate courts to resolve the conflict. Courts today are generally divided as to whether Miranda should apply during a valid, but intrusive Terry stop. This Note argues that a distinct overlap now exists between Miranda and Terry; one that should compel courts to invoke Miranda where police detain and question a suspect in a manner analogous to custodial interrogation. However, this Note also stresses that courts should be vigilant in enforcing the public safety exception to Miranda, particularly in light of Terry’s inherent unpredictability and extemporaneous nature

Sex and the city: a postfeminist point of view? Or how popular culture functions as a channel for feminist discourses

The existing literature concerning post feminism shows a diversity of ideas among scholars; a polarization between opponents and supporters becomes salient. By rearticulating post feminism as a fundament of third-wave feminism and situating it within the context of the 21st century (Genz, 333-353), we endeavor a more revisited vision on the representation of post feminism in popular culture. Post feminism is a new form of empowerment, adjusted to the contemporary societal context. It focuses on agency, freedom, sexual pleasure, consumer culture, fashion, hybridism, humor, and a renewed focus on the female body. In popular media texts, the fiction series Sex and the City is often considered a signboard of post feminist discourse. In this article, we analyze the representation of post feminism in Sex and the City. Using an in-depth thematic film analysis, we analyzed whether and how post feminist themes are presented in the series

From ‘Invisible Problem’ to Global Priority: The Inclusion of Mental Health in the Sustainable Development Goals

Perceptions regarding the importance of mental health are shifting at a global level. Once described as an ‘invisible problem’ in international development, mental health is now being framed as one of the most pressing development issues of our time. Concern over the historical absence of mental health from the development agenda — despite its being regarded as a major obstacle to development — has led to its recent inclusion in the UN Sustainable Development Goals (SDGs). This article critically examines three intersecting axes key to its inclusion in the SDGs: 1) the conceptualization and calculation of the contribution of mental disorder to the global burden of disease; 2) the quantification of mental disorder as an economic burden; and 3) the relationship between mental distress and poverty. The article highlights the urgent need to foster a more nuanced understanding of the interplay between mental health and development, and shows how, at times, interventions in the two fields work together in producing reductionist, economistic, individualized and psychologized responses to poverty

IT Capabilities and Firm Performance: The Moderating Role of Institutional Pressures and the Mediating Role of IT Innovation Success

A review of the literature shows that the underlying mechanisms through which IT capabilities lead to improved firm performance are by no means clear, and IS researchers call for future research which develops better metrics for evaluating IT resources and examines the intermediate variables and context-related variables between IT capabilities and firm performance. This study integrates the moderating role of institutional context and the mediating role of IT innovation success into one structural model. The survey method has been conducted to test the proposed model and the results have been discussed in detail. This research helps identify the full chain of variables connecting IT capabilities to firm performance by adding an intermediate variable and a moderating variable. As a result, we suggest that firms should adapt to the different contexts with the distinct levels of institutional pressures in order to facilitate its IT capabilities to outperform than its competitors

COMMODITY PRICES REVISITED

Empirical models of commodity prices are potentially important aids to decision-makers, especially as the economy has grown more complex. A typical time series of commodity prices exhibits positive autocorrelation, occasional spikes, and random variability, and conceptual models have been developed to explain this behavior. But, the leap from theory to empirical applications is large because of model specification and data quality problems. When modeling price expectations, for example, should a price series be deflated and if so, by what deflator? The choice can have a large effect on empirical results. Nonetheless, it is possible in some applications to obtain relatively stable-estimates of structural parameters that are useful for addressing specific problems. This may not happen often, however, because the incentives in academia do not encourage rigorous, in-depth appraisals of empirical results.Demand and Price Analysis,

Responding to Morally Flawed Historical Philosophers and Philosophies

Many historically-influential philosophers had profoundly wrong moral views or behaved very badly. Aristotle thought women were “deformed men” and that some people were slaves “by nature.” Descartes had disturbing views about non-human animals. Hume and Kant were racists. Hegel disparaged Africans. Nietzsche despised sick people. Mill condoned colonialism. Fanon was homophobic. Frege was anti-Semitic; Heidegger was a Nazi. Schopenhauer was sexist. Rousseau abandoned his children. Wittgenstein beat his young students. Unfortunately, these examples are just a start. These philosophers are famous for their intellectual accomplishments, yet they display serious moral or intellectual flaws in their beliefs or actions. At least, some of their views were false, ultimately unjustified and, perhaps, harmful. How should we respond to brilliant-but-flawed philosophers from the past? Here we explore the issues, asking questions and offering few answers. Any insights gained here might be applicable to contemporary imperfect philosophers, scholars in other fields, and people in general

Carnapian Explication and the Canberra Plan’s Conceptual Analysis: a Comparison and Critique

Conceptual analysis has been a traditional methodology within analytic philosophy, but it also has been the target of numerous attacks. On the other hand, explication has been undergoing a revival as a methodological alternative due to the revisionary element associated with it. This allows for a scientific reconstruction of our ordinary notions, which would share virtues associated with scientific concepts. However, there is now a popular variant of conceptual analysis which resembles closely the explicative methodology: the two-step methodology advanced by the advocates of the Canberra Plan. Although explication is a wider and more ambitious program, I will argue that both methodologies can be regarded as attempts to bring philosophical methodology and its products closer to scientific ones. However, I will also point out that, although the goal is advantageous, there still remain some theoretical problems

Theorizing the Law/Politics Distinction: Neutral Principles, Affirmative Action, and the Enduring Insight of Paul Mishkin

Early in his career Mishkin saw that the law could be apprehended from two distinct and in part incompatible perspectives: from the internal perspective of a faithful practitioner and from the external perspective of the general public. If the social legitimacy of the law as a public institution resides in the latter, the legal legitimacy of the law as a principled unfolding of professional reason inheres in the former. Mishkin came to believe that although the law required both forms of legitimacy, there was nevertheless serious tension between them, and he dedicated his scholarly career to attempting to theorize this persistent but necessary tension, which he conceived almost as a form of antinomy. In this article we pay tribute to Mishkin\u27s quest for understanding. We argue that the tension identified by Mishkin is significant and unavoidable, but that it is also exaggerated because it presupposes an unduly stringent separation between professional reason and popular values. In our view the law/politics distinction is both real and suffused throughout with ambiguity and uncertainty. The existence of the law/politics distinction creates the possibility of the rule of law, but the ragged and blurred boundaries of that distinction vivify the law by infusing it with the commitments and ideals of those whom the law purports to govern