Fellow Citizens

This article explores the idea of equal citizenship central to the reconstructed Constitution that originated in the crucible of African American experience and framed by the Black abolitionist movement of the antebellum North. It identifies some of the key concepts of this mid-nineteenth-century African American Constitutionalism embodied in the phrase used at the time of “Emancipate, Enfranchise, Educate.” These became the core principles of Black Reconstruction as Black leaders and their white allies sought to secure civil freedom, free labor, equal suffrage and political power, and access to education and economic and social advancement. The essay addresses primary source materials that exemplify a dynamic and vibrant public discourse by African Americans on the nature and meaning of equal citizenship before ratification of the Reconstruction amendments, and then briefly consider congressional speeches on what would become the Civil Rights Act of 1875. It shows that the rights embodied in the three Reconstruction amendments were seen not as discrete texts for judicial parsing and doctrinal boundary-drawing, but as an interrelated set of core principles essential to the very ideas of freedom and equal citizenship, ideals that were meant to motivate and guide political and economic action

Liberalism, Democratic Citizenship, and Welfare Reform: The Troubling Case of Workfare

This Article critiques the application of work requirements to the provision of welfare. It further provides a framework for understanding how work requirements can and cannot be imposed on citizens consistent with a developed-as opposed to a caricatured-theory of liberal democracy. The Article concludes that reform advocates, in their efforts to focus on social citizenship, eviscerate political and legal citizenship. Part II of this Article presents the basic arguments of work-welfare reformers regarding citizenship and participation in society. It includes a discussion of the reformers\u27 critique of the liberal positions that they blame for the current problems of welfare. Part III argues that, contrary to the claims of reformers, liberalism does have a theory of democratic citizenship in which the problems of welfare can be addressed. Part IV applies the developed theory of liberal citizenship to the welfare proposals of the critics and argues that the theories of citizenship advanced by reformers deprive recipients of essential dignity and are incompatible with the foundations of liberal democracy. Part V proposes some options for a work policy that remain consistent with principles of democratic citizenship

The Road Not Taken: Criminal Contempt Sanctions and Grand Jury Press Leaks

This Note examines the appropriate judicial responses to such news stories, focusing on the options available to counsel for the target of a grand jury investigation who is affected by the leaked information. Part I explains why dismissal and quashing are extremely difficult remedies to obtain, why internal investigations by the government are inadequate, and why, therefore, contempt sanctions are presently the most viable legal response to such leaks. Part II describes the general contours of both criminal and civil contempt actions and reviews specific applications of civil contempt actions in grand jury leak cases. Part III questions the functional and theoretical validity of civil contempt actions in leak situations. It argues that a civil contempt action is proper when the court seeks an affirmative act from the contemnor, but not in a press leak situation where the intended result is inaction through the cessation of future leaks. Part III demonstrates that this theoretical tension produces practical hazards and concludes that the criminal contempt sanction, which punishes past press leaks, is a superior sanction. Finally, Part IV proposes methods to be used in a criminal contempt action

Publics, Meanings & the Privileges of Citizenship

Book review: The Fourteenth Amendment and the privileges and immunities of American citizenship. By Kurt T. Lash. 2014. New York: Cambridge University Press. Pages xvii, 307. Reviewed by James W. Fox, Jr

Individuality in northern lapwing migration and its link to timing of breeding

We tracked eight adult northern lapwings Vanellus vanellus (six females and two males) from a Dutch breeding colony by light-level geolocation year-round, three of them for multiple years. We show that birds breeding virtually next to each other may choose widely separated wintering grounds, stretching from nearby the colony west towards the UK and Ireland, and southwest through France into Iberia and Morocco. However, individual lapwings appeared relatively faithful to a chosen wintering area, and timing of outward and homeward migration can be highly consistent between years. Movements of migratory individuals were usually direct and fast, with some birds covering distances of approximately 2000 km within 2 to 4 days of travel. The two males wintered closest and returned earliest to the breeding colony. The female lapwings returned well before the onset of breeding, spending a pre-laying period of 19 to 54 days in the wider breeding area. Despite the potential for high migration speeds, the duration that birds were absent from the breeding area increased with distance to wintering areas, a pattern which was mainly driven by an earlier outward migration of birds heading for more distant wintering grounds. Moreover, females that overwintered closer to colony bred earlier. A large variation in migration strategies found even within a single breeding colony has likely supported the species’ responsiveness to recent climate change as evidenced by a shortened migration distance and an advanced timing of reproduction in Dutch lapwings since the middle of the 20th century. Migration strategies may vary between species, populations, individuals and between years within an individual. Individuals from a particular breeding population may migrate to the same wintering area or they may spread out over much of the non-breeding range. These connections between breeding and non-breeding areas of a migratory species are called ‘migratory connectivity’, and the strength of migratory connectivity has implications for the species ecology, evolution and conservation (Webster et al. 2002). Furthermore, the choice of a certain wintering area and migratory strategy may affect annual schedules including timing of events at breeding area (Marra et al. 1998), which demonstrates the importance to follow individuals throughout the annual cycle. Knowledge of variation in migratory routines within and between individuals of a population is also important to understanding and predicting the ability of species responses to environmental change, including climate change (Conklin et al. 2013). We employed GLS (Global Location Sensing, also called ‘light-level geolocation’ or just ‘geolocation’) technique based on the analysis of diurnal changes in light levels to track annual movements of northern lapwings (Vanellus vanellus; here synonymously termed ‘lapwing(s)’). Archival tags (‘geolocators’) record light intensities to determine dusk and dawn times from which geographical positions (two fixes daily) are calculated; day (night) length determines the latitude and time of local midday (midnight) the longitude (Hill ). Lapwings have been intensively ringed in many European countries for many years. Imboden (1974) undertook an extensive analysis (nicely summarized in Alerstam ) of ring recoveries collected during 1900 to 1969 from birds ringed as unfledged young and recovered within their first year of life or later. Albeit relying mainly on dead recoveries of hunted individuals, this analysis enabled the reconstruction of average seasonal movement patterns at population(s) level. It also revealed a large overlap in non-breeding locations used by lapwings originating from widely separated breeding colonies. Here, we present results from a first-time tracking study on this species by charting the year-round whereabouts of adult lapwings from a Dutch breeding colony. Some individuals were tracked for multiple years thereby providing first insights into individual consistency of migratory timing and choice of non-breeding locations. Finally, we investigate if spatial variation in non-breeding location relates to temporal variation of events at breeding area

Implementing tradable permits for sulfur oxides emissions : a case study in the South Coast Air Basin

Tradable emissions permits have important theoretical advantages over source-specific technical standards as a means for controlling pollution. Nonetheless, difficulties can arise in trying to implement an efficient, competitive market in emissions permits. Simple workable versions of the market concept may fail to achieve the competitive equilibrium, or to take account of important complexities in the relationship between the pattern of emissions and the geographical distribution of pollution. Existing regulatory law may severely limit the range of market opportunities that states can adopt. This report examines the feasibility of tradable permits for controlling particulate sulfates in the Los Angeles airshed. Although the empirical part of the paper deals with a specific case, the methods developed have general applicability. Moreover, the particular market design that is proposed -- an auction process that involves no net revenue collection by the state -- has attractive features as a general model