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The European Union ("E.U.") has been economically consolidating for some time, but the US appeared to feel this new composite player was relatively benign. In the past few years, though, the E.U. Has started asserting itself and setting rules in the game of international commercial gamesmanship. Until recently, the rules were limited to specific products and practices. This year, however, the E.U. changed the rules about how it would do business and, more significantly, how it would not. The E.U.'s Data Protection Directive came into force early in 2000 and presented the US with a huge dilemma: If the US would not alter its law to provide a specific level of privacy protection for E.U. customers, then the US, quite simply, could not do business with those E.U. Customers They presented the US with an economic dilemma it simply cannot ignore any longer - one that may force the US to close the privacy gap between its status quo policy of commercial data freedom and the E.U.'s pro-consumer privacy protections. This comment explores the history, the problems, and the possible solutions the US might employ to avoid being disqualified from playing in the European arena.

A letter report issued by the General Accounting Office with an abstract that begins "The Forest Service manages about 192 million acres of land that make up the National Forest System. The agency has proposed to make ecological sustainability its top priority in an attempt to sustain a flow of products, services, and values from the national forests and grasslands. One of the most debated issues is the role of roads, especially in areas that are now roadless. This report summarizes GAO's findings on how the potential roadless rule will affect the Forest Service's ability to meet its goals of restoring and maintaining ecological sustainability. GAO found that building roads in national forests can have both positive and negative effects. Road construction can alter a forest's ecosystem by facilitating timber harvesting and disturbing wildlife. However, roads can be used to repair environmental damage done by other activities. Forest Service officials at the 10 National forests that GAO reviewed provided general observations on the proposed rule. In GAO's view, the proposed rule would have little effect on forest management efforts because there was no plan to build roads in roadless areas unless it was determined that doing so would restore the forest's ecosystem."

[Excerpt] Introduction: Recent administrative studies of change in organisations have been influenced by the new institutionalism approach to political science and the idea of path dependence (March and Olsen, 1989:167-168; North, 1996:100). The original creation of organisations and the evolution and interaction between organisations and their environment have established the prevailing practices that are institutionalised through rules, norms and procedures. Olsen points out that organisations may be conceptualised as institutions, with a set of rules and routines which "define legitimate participants and agendas, prescribe the rules of the game, and create sanctions against deviations as well as establish guidelines for how the institution may be changed" (1991:131). For instances it is expect to find in institutionalised organisations certain practices and procedures which guide the actions and organise the way units operate and articulate among them internal issues and problems. This institutional framework embodies an organisational culture, and shapes values, beliefs and interests (March and Olsen, 1989:53-55). This is an useful approach to analyse the process of change in a traditional organisation and the persistence of institutional features. The continuity of traditional features can be explain by the concept of path dependence. ...

AbstractThis study implements and tests a market timing trading rule using the public information contained in discount rate changes as signals to enter or exit the stock market. The trading rule entails entering the market on an initial discount rate cut and remaining fully invested through any subsequent cuts. Alternatively, an initial discount rate increase signals an exit from the market and remaining out of the market through any subsequent increases. It is presumed that short‐term Treasury instruments are held in out‐market periods. We test and report the results of this market timing strategy in comparison to a benchmark buy‐and‐hold strategy through the use of various investment performance measures. Analysis of ex‐post returns indicates that the market timing trading rule produces higher risk‐adjusted returns than a buy‐and‐hold‐the‐market strategy. Even without a risk adjustment, the returns of the strategy exceed those of the passive buy‐and‐hold strategy in the three subperiods analyzed. The strategy's predictive accuracy for timing the market clearly exceeds the minimum predictive accuracy suggested by earlier market timing literature. Finally, the results of the statistical analysis indicate that the strategy is successful in outguessing the market as defined in the classical Treynor and Mazuy illustration.

Few subjects are as controversial in international law today as the taking of foreign property. Many of the developing countries assembled within the framework of the semi-official Group of 77 (G. 77) claim that many of the principles and rules pertaining to the protection of foreign property traditionally adhered to by Western developed countries have lost their legal significance; in particular, as a result of legal developments induced by relevant UN resolutions. The question is, to what extent this claim is correct; to what extent the traditional rules have indeed been replaced by new ones, and what the contents of these new rules might be. The present study tries to answer this question, and sets out to review and analyze: first, the main doctrines of traditional customary law concerning the taking of foreign property (Part 2); secondly, the relevant UN resolutions relative to this subject (Part 3); and thirdly, state practice as it manifests itself in the form of one multilateral and 195 bilateral investment protection treaties concluded up to 1983, both between developed and developing countries and amongst developing countries inter se. (Part 4). On the basis of this review and analysis conclusions are drawn in Part 5.

Studies of presidential primary elections have not focused on how voters decide for whom to vote. This article tests a modified Kelley-Mirer rule with data from CBS News/ New York Times exit polls for the 1980 Democratic primary elections in California, Florida, Illinois, Massachusetts, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, and Wisconsin. The article focuses on (1) considerations, what voters take into account; and (2) a decision rule, how voters make decisions. Of the factors that voters take into account in general elections—candidate images, issues, ideology, and party identification—a person's image of the candidates and ideological identification seem to be the most relevant considerations in primary elections. Voters in primaries canvass their likes and dislikes of the leading candidates. Weighing each like and dislike equally, they vote for the candidate toward whom they have the greatest net number of favorable attitudes. If no candidate has such an advantage, the voter votes consistently with his or her ideological identification. This voter's decision rule correctly predicts 85.4% of the 8607 votes recorded in the ten exit polls, a level of accuracy that compares favorably with studies of general elections.

A structural analysis of state terrorism in Hungary is presented, rejecting the assertions of many Western liberals that Hungary is not a terrorized society. A two-stage model of terrorism is introduced, the passive & the active, by which the society adapts itself to the needs of state efficiency & economic rationality. The so-called Kadarist social contract is shown to be a specious agreement, actually reflecting terrorism in the passive phase, in which the primary mechanism is the memory that active terror can be resumed. The populace learns the rules of conduct that prevent the return to active terror, & becomes a partner with the state in a delicately choreographed pas de deux that might appear to be a social contract freely consented to. The definition of terrorism is discussed & limited to physical violence & the threat of physical violence; excluded from the definition are economic terror, the marginalization of dissidents, & purely psychological terror. Terrorism is shown to not satisfy any principle of moral legitimacy to rule a population, although it does effectively decide who does rule. The passive phase of terror in Hungary can be reversed into the active phase, depending largely upon economic & geopolitical factors. Modified AA.

Between 1874 and 1888, British colonial rule was imposed on the Malay states of Perak, Selangor, Negri Sembilan, and Pahang later collectively called the Federated Malay States (FMS). Based on the various Anglo-Malay treaties, which maintained the fiction that the British Resident was an adviser to the Malay ruler, the British established a form of administration generally known as a system of indirect rule. In this new order, the Malay rulers retained their constitutional and ceremonial role, while the exercise of executive power was held firmly in British hands. In the rush for establishing a modern administration and accelerating economic development late in the nineteenth century, hardly any attention was paid to training Malays to share executive power with British officials at the higher level of government or to compete effectively with Indians, Eurasians, and Chinese for subordinate appointments. This sin of omission began to stir the British conscience at the turn of the century and, for the next four decades, the British pursued a policy of actively promoting Malay employment in the government. This paper discusses the central component of this policy, namely, the training, recruitment, and development of Malay administrators in the FMS.

In 1974, the Washington State Legislature repealed its automobile guest statute, intending to establish ordinary negligence as the proper standard of liability in host-guest automobile tort actions. Nevertheless, in March 1978, in Lau v. Nelson, the Washington Supreme Court, ignoring clear indicia of legislative intent, held that the repeal of the guest statute revived the common law of this state, which, like the guest statute, predicated a guest's recovery on proving the host grossly negligent. Having effectively reinstated the very law the legislature repealed, the Lau court declined to decide whether the majority rule of ordinary negligence should replace Washington's common law rule of gross negligence. In December 1978, in Roberts v. Johnson, the court resolved that issue by overruling Lau and abandoning gross negligence in favor of ordinary negligence as the applicable standard of liability. This laudatory and long overdue result was tainted, however, by the court's specific reaffirmation of Lau's holding that the repeal of a statute reinstates the common law regardless of the legislative intent behind the repeal. The court's failure to ascertain and implement the legislative intent is the unfortunate manifestation of a rigid, insensitive, and rule-oriented approach to statutory interpretation.

In this article Professor Bond discusses several points. First, the freedom of association principle, whatever its constitutional paternity, is now treated by the Court as one among first amendment equals. It is thus a fundamental right which the government may limit only for the most compelling reasons and then only in that way which least intrudes upon its exercise. Second, the relationship of an employee both to his employer and to his fellow employees involves associational rights of the kind guaranteed and protected by the first amendment. Third, the exclusive representation rule' of the National Labor Relations Act seriously interferes with those associational rights for reasons that cannot be fairly characterized as compelling. Moreover, the exclusive representation rule, hardly the least intrusive means by which the government might solve the problems allegedly mitigated by its observance, may in fact exacerbate those very problems. Consequently, fourth, the Court should strike down the exclusive representation rule as an abridgement of both employees' and employers' freedom of association rights under the first amendment. The freedom of association principle at full tide will thus sweep legal doctrine back to the high water mark reached before the freedom of contract principle began to ebb.

Developments in theory building in internat'l relations seem to have neglected the subject of internat'l org (10); since the 1st step in theory construction is to specify basic concepts & hyp's (a step not yet taken systematically in the field of 10), the lag in 10 theory is not surprising. This paper attempts to delineate fundamental terms & propositions which may serve as a springboard for a theory of 10 as a subject of a broader approach to internat'l relations. The term IO is defined; then 10 is investigated as a variable, classifying its inputs & outputs (input functions: articulation, aggregation, soc'ization, recruitment, transaction; output functions: rule-making, rule application, rule supervision). It would seem that the major actors in internat'l systems are the basic units, whether empires, city states, or nation states. Most functions are performed outside internat'l structures within each particularistic unit. Instit'ization in particularistic structures is probable if the N of power centers is 1 or 2, universalistic structures are most likely to contain functionally specific universalistic instit's when power is diffused throughout an internat'l system. The claim of the functional approach is that it offers certain conveniences in categorization, hyp-suggesting, & in placing 10 in its proper perspective within internat'l systems. IPSA.

The United States occupation of Haiti — despite benevolent intentions — was a thinly-disguised military dictatorship. The official view of the Department of State that the numerous U. S. officials there were merely advisers to the legitimate Haitian government, acting in accordance with limitations prescribed by treaty, was a polite fiction. It deceived no one, particularly the large number of Haitians who resented foreign experiments in benevolent despotism in their land.The real ruler of Haiti, as the system had evolved by the pivotal year of 1928 — the last "normal" year before the political crisis which precipitated withdrawal — was General John H. Russell, United States Marine Corps, the U. S. High Commissioner. The nominal ruler, President Louis Borno, generally relied upon his U. S. advisers. In Russell's own words "[Borno] has never taken a step without first consulting me." When differences arose, usually as a result of pressures exerted on Borno by local politicians, General Russell was free to make appropriate concessions. But his will prevailed in any showdown conflict. The General was noted for his fairness, however, and his relations with Haitian officials were usually harmonious. Yet his military background, combined with his devotion to efficiency and economy, was not well-suited to preparing a dependent people for enlightened self-rule.