Conflicts in Development: Tourism and the Cattle Industry in Brazil

This paper challenges the conventional view that where there is a political elite, economic development will proceed along lines that sacrifice future generations for the benefit of the current ruling class. We find that shortfalls in the balance of payments will cause those in authority to promote activities that encourage tourism as a solution to balance of payments deficit. The vehicle for generating tourism is the provision of public goods. More traditional paths toward development particularly cattle ranching are displaced by tourist attractions. While motivated by myopic self-interest, the pursuit of public goods reduces the amount of debt transferred to future generations and thereby serves to redistribute wealth inter-temporally. Brazil over the period 1965 until 1998 is used as a test case.tourism, cattle, ecotourism, public goods

Remedies Symposium: Contempt Fines and the Eleventh Amendment

The Eleventh Amendment permits plaintiffs to recover prospective relief, for example, injunctive or declaratory relief, against a state. By contrast, the Eleventh Amendment bars recovery of retrospective relief against a state. The classic legal remedy of money damages is not recoverable. There are three types of contempts: civil compensatory and coercive contempt and criminal contempt. Civil compensatory contempt fines and criminal contempt fines are clearly retrospective in nature and so are not recoverable against a state. At the same time, civil coercive contempt fines are prospective and so should be recoverable against a state despite the Eleventh Amendment. Problems arise, however, because the Supreme Court has not offered lower courts sufficient guidance in distinguishing civil coercive and criminal contempt fines. This essay proposes several guideposts courts can apply in assessing the recovery of contempt fines in the face of the Eleventh Amendment