Criminal Practice, and Politics and the Constitution in the History of the United States

When John Lowe asked me to review his book, I confess that I was surprised. Having just authored two books on Virginia Criminal Procedure, I considered John and myself to be competitors. However, after examining his book I now understand that our books serve different purposes and in fact complement each other

Emotionally Charged Aesthetic Experience

Abstract In traditional aesthetics, the typical characteristic of aesthetic experience is said to be pure disinterested beauty. However, the discussion based on this notion is burdened with the philosophical background assumptions of German idealism. In his Art as Experience John Dewey challenged the classical philosophical tradition and presented the key ideas for developing a new concept of aesthetic experience. In order to understand his pragmatist notion of aesthetic experience it is necessary to discuss a number of topics concerning pragmatist the challenge to classical philosophy. The philosophical naturalism of pragmatism questions the traditional distinction between the changing empirical world and the mind-independent real world as an object of genuine knowledge. There is only one world and we are in it. Dewey’s naturalism is, however, in important respects different from the main trend in contemporary naturalism. Further, the pragmatist conception of experience must be clearly distinguished from the traditional notion of experience as sense experience. Action and practice are modes of experiencing and understanding the world. The third topic concerns the naturalistic denial of any immaterial substances. The mind is necessarily embodied, but this is not enough to remove the classical dichotomy between internal and external. A fourth questionable dichotomy in classical philosophy is related to this: the sharp distinction between reason and experience. The pragmatist notion of meaning undermines this dualism. This notion of meaning also serves as a basis for understanding Dewey’s comments on the meanings typical in art. Finally, the emotionally expressive power of art requires an explanation. A discussion of all these points helps to clarify the character of the pragmatist notion of aesthetic experience developed below.Peer reviewe

Financing Direct Democracy: Revisiting the Research on Campaign Spending and Citizen Initiatives

The conventional view in the direct democracy literature is that spending against a measure is more effective than spending in favor of a measure, but the empirical results underlying this conclusion have been questioned by recent research. We argue that the conventional finding is driven by the endogenous nature of campaign spending: initiative proponents spend more when their ballot measure is likely to fail. We address this endogeneity by using an instrumental variables approach to analyze a comprehensive dataset of ballot propositions in California from 1976 to 2004. We find that both support and opposition spending on citizen initiatives have strong, statistically significant, and countervailing effects. We confirm this finding by looking at time series data from early polling on a subset of these measures. Both analyses show that spending in favor of citizen initiatives substantially increases their chances of passage, just as opposition spending decreases this likelihood

'Education, education, education' : legal, moral and clinical

This article brings together Professor Donald Nicolson's intellectual interest in professional legal ethics and his long-standing involvement with law clinics both as an advisor at the University of Cape Town and Director of the University of Bristol Law Clinic and the University of Strathclyde Law Clinic. In this article he looks at how legal education may help start this process of character development, arguing that the best means is through student involvement in voluntary law clinics. And here he builds upon his recent article which argues for voluntary, community service oriented law clinics over those which emphasise the education of students

The Problem of Experience in the Study of Organizations

This paper deals with the fact that we cannot experience large organizations directly, in the same way as we can experience individuals or small groups, and that this non-experientiability has certain implications for our scientific theories of organizations. Whereas a science is animated by a constructive interplay of theory concepts and experience concepts, the study of organizations has been confined to theory concepts alone. Implications of this analysis for developing a science of organizations are considered.Peer Reviewedhttp://deepblue.lib.umich.edu/bitstream/2027.42/68303/2/10.1177_017084069301400102.pd

QCD and strongly coupled gauge theories : challenges and perspectives

We highlight the progress, current status, and open challenges of QCD-driven physics, in theory and in experiment. We discuss how the strong interaction is intimately connected to a broad sweep of physical problems, in settings ranging from astrophysics and cosmology to strongly coupled, complex systems in particle and condensed-matter physics, as well as to searches for physics beyond the Standard Model. We also discuss how success in describing the strong interaction impacts other fields, and, in turn, how such subjects can impact studies of the strong interaction. In the course of the work we offer a perspective on the many research streams which flow into and out of QCD, as well as a vision for future developments.Peer reviewe