The Rights of a Witness Before a Congressional Committee

It is unquestionably the duty of all citizens to cooperate with the Congress in its efforts to obtain the facts needed for intelligent legislative action. It is their unremitting obligation to respond to subpoenas, to respect the dignity of the Congress and its committees and to testify fully with respect to matters within the province of proper investigation. This ... assumes that the ... rights of witnesses will be respected by the Congress as they are in a court of justice

Reflexive transnational law : the privatisation of civil law and the civilisation of private law

The author examines the emergence of a transnational private law in alternative dispute resolution bodies and private norm formulating agencies from a reflexive law perspective. After introducing the concept of reflexive law he applies the idea of law as a communicative system to the ongoing debate on the existence of a New Law Merchant or lex mercatoria. He then discusses some features of international commercial arbitration (e.g. the lack of transparency) which hinder self-reference (autopoiesis) and thus the production of legal certainty in lex mercatoria as an autonomous legal system. He then contrasts these findings with the Domain Name Dispute Resolution System, which as opposed to Lex Mercatoria was rationally planned and highly formally organised by WIPO and ICANN, and which is allowing for self-reference and thus is designed as an autopoietic legal system, albeit with a very limited scope, i.e. the interference of abusive domain name registrations with trademarks (cybersquatting). From the comparison of both examples the author derives some preliminary ideas regarding a theory of reflexive transnational law, suggesting that the established general trend of privatisation of civil law need to be accompanied by a civilisation of private law, i.e. the constitutionalization of transnational private regimes by embedding them into a procedural constitution of freedom

The single currency and European citizenship

We could expect that the introduction of the single currency had been accompanied by a significant share of studies and researches about the implications and impacts of such a watershed event on European citizenship. On the contrary, we soon discover to be facing a paradox, which could be phrased as follows: while the purpose of building European citizenship is the very rationale for the project of the single currency, the Scholars – but also the policy community – have mostly underestimated if not neglected this relation, both in terms of public policy making and discourse and of interpretation and forecasting. As a consequence of all of that, relevant features of the single currency happened to remain hidden, poorly considered and almost not thematized. In order to fill this gap, the first part of this article will present the main findings emerged from a documentary research conducted by FONDACA between 2010 and 2011, aimed at mapping the existing academic and policy thematizations about the hidden dimensions of the euro. The second part will be devoted to define “the other side of the coin” as an empirical phenomenon

ABSTRACTS OF PAPERS PRESENTED at the 6th Annual Conference on Ethnic and Minority Studies

Before developing programs to help minority women, program developers should assess themselves. White men usually create problems that cause minority women to need programs developed. White men who have had minimal social contact with minority women are not qualified to solve minority women\u27s problems. White men ask white women and minority men to give assistance in solving minority women\u27s problems. White women, who have been considered superior to minority women because of social, educational, or economical circumstances, are not qualified to solve minority women\u27s problems. Minority men who have chauvinist values and do not have minority women\u27s concerns at heart are not qualified to solve minority women\u27s problems. Minority women are best qualified to solve minority women\u27s problems

Critique of Architectures for Long-Term Digital Preservation

Evolving technology and fading human memory threaten the long-term intelligibility of many kinds of documents. Furthermore, some records are susceptible to improper alterations that make them untrustworthy. Trusted Digital Repositories (TDRs) and Trustworthy Digital Objects (TDOs) seem to be the only broadly applicable digital preservation methodologies proposed. We argue that the TDR approach has shortfalls as a method for long-term digital preservation of sensitive information. Comparison of TDR and TDO methodologies suggests differentiating near-term preservation measures from what is needed for the long term. TDO methodology addresses these needs, providing for making digital documents durably intelligible. It uses EDP standards for a few file formats and XML structures for text documents. For other information formats, intelligibility is assured by using a virtual computer. To protect sensitive information—content whose inappropriate alteration might mislead its readers, the integrity and authenticity of each TDO is made testable by embedded public-key cryptographic message digests and signatures. Key authenticity is protected recursively in a social hierarchy. The proper focus for long-term preservation technology is signed packages that each combine a record collection with its metadata and that also bind context—Trustworthy Digital Objects.