Suchergebnisse

This Essay examines the important ancillary doctrines that need to be developed in the wake of Crawford v. Washington (2004) and the "testimonial statement" approach to Confrontation Clause analysis to ensure that when confrontation is provided it in fact satisfies the requirements of the Clause. More than just some opportunity to cross-examine is required. The witness must be asked to make a public accusation in his or her direct testimony rather than simply being made available for questioning by defense counsel. A public accusation in not simply an after-thought of the right; rather, both it and cross-examination are central components. Whether confrontation occurs in the present proceeding or a prior one, a public accusation is required at one point in the case. When the witness is unavailable at trial and confrontation is satisfied by what occurred in the prior proceeding, the government must likewise present the accuser for the opportunity for cross-examination at that proceeding to be sufficient. In addition, the government must put something at risk, and the hearing must have consequences. To claim the defendant has been confronted by providing an opportunity for cross-examination which will likely only harm the defendant by allowing otherwise inadmissible incriminating evidence to be admitted at trial is inadequate to satisfy the Confrontation Clause.

This paper critically addresses the coherence, reception, and dissemination of "situated learning theory" (Lave and Wenger 1991). Situated learning theory commends a conceptualization of the process of learning that, in offering an alternative to cognitive theories, departs radically from the received body of knowledge on learning in organizations. The paper shows how elements of situated learning theory have been selectively adopted to fertilize or extend the established terrain of organizational learning. In this process, we argue, Lave and Wenger's embryonic appreciation of power relations as media of learning is displaced by a managerial preoccupation with harnessing (reified) "communities of practice" to the fulfillment of (reified) corporate objectives. We illustrate our argument by reference to Orr's (1990, 1996) study of photocopier technicians, which is very widely cited as an example of the "new," situated conceptualization of learning in communities of practice. We commend a revitalization of situated learning theory in which learning practices are understood to be enabled and constrained by their embeddedness in relations of power; and, more specifically, by the unstable institutionalization of power relations within capitalist work organizations.

A call for papers for the "Capital as Power" section of the Eighth Rethinking Marxism Conference, UMASS Amherst, September 19-22, 2013. Internal deadline for abstract submission: May 15, 2013

India has experienced a sharp increase in energy demand as a result of economic growth and rising per capita energy consumption. The Government of India is focusing on Hydro-power as one of the sources of renewable energy due to con-cern for climate change and fast depleting coal/oilfields. But, its development has not been commensurate due to shortage of financial resources, lack of power infrastructure, and modern technologies. The successful completion of Public Private Partnership (PPP) projects in roads, airports, and other sectors have given an opportunity to implement it also in hydro-power sector to fill the gap of power shortage especially in remote and backward regions. The water rich states have made PPP policies and guidelines to initiate projects to fill the gap of power shortage. This paper will take an analysis of the status of hydro-power projects in India, PPP policies and hydropower projects initiated through it, and successful examples of world hydro-projects through PPP models that provides immense opportunities in India

This thesis delves into the evolution of women's political power in Japan over the course of a century. Inspired by the blame placed on women today for the depopulation rate, I trace back the roots of female empowerment in order to understand how women in the past have approached political activism. As women abandon prevailing expectations of marriage, I question whether this is an escape or a political act in which they are resisting old traditions. This project is divided into three sections: the women's suffrage movement in the pre-WWII period; the politics of housewives in the post-WWII period; and the political acts of resistance employed by women in this day and age. Japanese women wield power in unorthodox ways, but they are always making a statement and defending their position in a society that does not defend them.

Some 25 years have elapsed since international financial institutions espoused a package of power sector reform measures that became known as the Washington Consensus. This package encompassed the establishment of autonomous regulatory entities, the vertical and horizontal unbundling of integrated national monopoly utilities, private sector participation in generation and distribution, and eventually the introduction of competition into power generation and even retail services. Exploiting a unique new data set on the timing and scope of power sector reforms adopted by 88 countries across the developing world over 25 years, this paper seeks to improve understanding of the uptake, diffusion, packaging, and sequencing of power sector reforms, and the extent to which they were affected by the economic and political characteristics of the countries concerned. The analysis focuses on describing the patterns of reform without judging their desirability or evaluating their impact. The paper finds that following rapid diffusion during 1995-2005, the spread of power sector reforms slowed significantly in 2005-15. Only a small minority of developing countries fully implemented the reform model as originally conceived. For the majority, reforms were only selectively adopted according to ease of implementation, often stagnated at an intermediate stage, and were sometimes packaged and sequenced in ways unrelated to the original logic. Country characteristics such as geography, income group, power system size, and political economy all had a significant influence on the uptake of reform. Moreover, a significant number of countries experienced reversals of private sector participation, or were unable to follow through with reform plans that were officially announced. Overall, power sector reform in the developing world lags far behind what was achieved in the developed world during the same time period. Yet, even in the developed world, the full package of reforms does not seem to have been universally adopted.

The United States is often hailed as the world's largest 'free market'. But this 'free market' is also the world's largest penal colony. It holds over seven million adults – roughly 5 % of the labour force – in jail, in prison, on parole and on probation. Is this an anomaly, or does the 'free market' require massive state punishment? Why did the correctional population start to rise in the 1980s, together with the onset of neoliberalism? How is this increase related to the upward redistribution of income and the capitalization of power? Can soaring incarceration sustain the unprecedented power of dominant capital, or is there a reversal in the offing? The paper examines these questions by juxtaposing the 'Rusche thesis' with the notion of capitalism as a mode of power. The empirical analysis raises an enigma: it suggests that the Rusche thesis holds under the normal circumstances of 'business as usual', but breaks down during periods of systemic crisis. During the systemic crises of the 1930s and the 2000s, unemployment increased sharply, but crime and the severity of punishment, instead of rising, dropped perceptibly.

The dominant model of power in Marxist theory contains a number of problematic assumptions. These include: (1) the assumption of objective class interests; (2) the assumption that classes are collective social actors; (3) the assumption that classes have a political "consciousness;" and (4) the assumption that the state is the locus of class power. The central error which underlies these four assumptions of the dominant model is a confusion of the theoretical levels of agency and structure in Marxist theory. The uncritical acceptance of these assumptions has been harmful to the development of Marxist theory and political practice.