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(One of Australia's great strategic thinkers, writers and scholars, Robert O'Neill, who was highly respected at home and internationally, has died. This tribute to him, published by The Strategist in 2016 as part of a ...

Eugene O'Neill was a social rebel and some of his plays subverted the hegemonic values in the United States during the 1920s. Local governmental authorities censored or threatened to censor several of his plays including The Hairy Ape and All God's Chillun Got Wings. In the case of The Hairy Ape the New York police filed a complaint ostensibly because of the play's "obscene" language but the real reason was more likely because of the Marxist and anarchist ideas expressed in the play. ; Ο Eugene O' Neill ήταν κοινωνικός επαναστάτης και μερικά από τα έργα του υπέσκαπταν τις ηγεμονικές αντιλήψεις στις Ηνωμένες Πολιτείες κατά τη δεκαετία του 1920. Οι τοπικές αρχές λογόκριναν ή απείλησαν με λογοκρισία αρκετά από τα έργα του, συμπεριλαμβανομένων των Hairy Ape και All God's Chillun Got Wings. Στην περίπτωση του Hairy Ape η αστυνομία της Νέας Υόρκης καταχώρησε μια διαμαρτυρία, επιφανειακά λόγω της "αισχρής" γλώσσας του έργου, αλλά πραγματικός λόγος (το πιθανότερο) ήταν οι Μαρξιστικές και αναρχικές ιδέες που εκφράζονται στο έργο.

The gap between rhetoric and implementation is exactly what I want to
talk about. Sanam described the flurry of activity and really intentional,
dogged advocacy of civil society in getting this foundational resolution
passed, 1325, and lo and behold, there was no immediate and dramatic change,
and there has not been since then. But there have been some ways that
countries and civil society have reacted to try to get us closer to that
implementation, and one of those has been a focus on and a creation of what
are called national action plans on Women, Peace, and Security, on the
implementation of 1325; countries name them different things. And for those
who are not familiar, they are usually basically just a multi-agency
strategy, ideally with an implementation plan that spans a range of
departments, agencies, and includes any spectrum of things. They can call
for more women to be appointed mediators, for more support to women's groups
for conflict prevention, meeting the unique physical needs of women in
humanitarian crises or refugee camps. Some countries say they want to deploy
more women to peacekeeping missions, recruit more female police officers,
provide support to people raped during war, training security forces, et
cetera. There is a broad range of things that are included in them.

The government may invoke the deliberative process privilege to protect the communications of government officials involving policy-driven decision-making. The privilege protects communications made before policy makers act upon the policy decision to allow government officials to speak candidly when deciding a course of action without fear of their words being used against them. This privilege is not absolute and courts recognize the legitimate countervailing interest the public has in transparency. The Supreme Court in United States v. Reynolds held that someone with control over the protected information should personally consider the privilege before asserting it but did not provide definitive requirements. It is clear that a department head must assert the privilege, usually through an affidavit. The U.S. Court of Appeals for the Third Circuit, in United States v. O'Neill, left room for judicial discretion in determining who counts as a department head and what would constitute an adequate review of the materials before asserting the privilege. This Comment examines the ambiguity in the procedure for asserting the deliberative process privilege which has resulted in the adoption of an inefficient and ambiguous process. Specifically, whether the court requires an affidavit from a department head is left to the discretion of the court. When a party asserts the privilege without a department head's approval and withholds documents, district courts may either take the asserting party's word at face value or conduct an in camera review. This Comment argues that taking the claim of privilege from the government gives too much deference to government agencies who may invoke the privilege inappropriately. On the other hand, in camera review is a time-consuming process that places the court in a position to evaluate information that the court sometimes has little expertise in. Finally, this Comment asserts the need for a stricter adherence to the standards set by O'Neill in asserting the deliberative process ...

Abstract
The comment focusses on O'Neill's advocacy of Classical Institutionalism (CI) and the problems of the ideal-regarding approach to the construction of institutions. It maintains that CI shows no signs of progress which would justify a renewed exclusive interest in this paradigm and that the ideal-regarding approach needs some consequentialist balancing to avoid obvious risks of totalitarian denaturation.

Tribute to Harry O'Neill who died 9/11/08.