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Discusses the "Jewish question" & discourses of victimhood in postwar Austria. It is argued that the tendency of the Western Allies to focus on antidemocratic features of National Socialism, coupled with their promotion of Austrian victimhood & nationalism, prevented them from viewing the Jewish question as something more than the formal prohibition of discrimination. Austrian elites had neither the incentive to seriously address the Jewish question nor a fear of sanctions if they failed to do so. This allowed leaders of antifascist parties to construct their own memories of the recent past & develop discourses about Austria's loss of independence to "Hitlerite aggression," which avoided a collective moral responsibility for Jewish suffering. Since these discourses did not imply Austrian responsibility for crimes committed by the Third Reich, they did not give Jews a privileged position in the "postwar pan-Austrian community of victims." The impact of the discourses on those who lived through Nazi occupation, & those who were educated afterward, is discussed. J. Lindroth

Examines the primary causes of deforestation -- expanding populations, resettlement schemes, the timber industry, & ranch/pasture development -- & its human costs among indigenous peoples. Examples are given of cases in which deforestation resulted in the extinction of some indigenous peoples & the promotion of disease, poverty, & acculturation among others. The harm associated with inappropriate acculturation is discussed. It is contended that control over natural resources is the basis of both physical survival & cultural integrity for most indigenous societies, & forced cultural assimilation deprives them of cultural properties including legends, artifacts, medicinal plants, burial grounds, & rituals. Like environmental devastation, the decline of indigenous cultures has a serious negative global effect resulting from the loss of cultural diversity, sustainable environmental practices, & native medicinal knowledge. International, national, & local efforts to halt deforestation are described. J. Lindroth

In der "Tripartite Declaration" der Außenminister der Alliierten Ende 1943 in Moskau wurde beschlossen, ein von Deutschland unabhängiges Österreich wieder zu etablieren. Österreich wurde der Status des ersten Opfers der Hitlerischen Aggressionspolitik zuerkannt. Der vorliegende Beitrag beschreibt die Vorgeschichte für diese Entscheidung und zeigt, welche Konsequenzen sie für das Selbstverständnis der Österreicher in der Nachkriegszeit und bis in die Gegenwart hatte. Der Autor arbeitet heraus, wie die Österreicher mit diesem "Persilschein" der Alliierten sich selbst von ihren Verquickungen mit dem z.T. massiven Antisemitismus der Vorkriegszeit reinwaschen konnten. (ICE)

Despite requests by both parties, the U.S. Supreme Court refused to grant a writ of certiorari in O'Bannon v. NCAA, the first federal appellate court decision holding that an NCAA student-athlete eligibility rule violates Section 1 of the Sherman Act. The Ninth Circuit ruled that NCAA rules prohibiting intercollegiate athletes from receiving any revenue from videogames and telecasts incorporating their names, images, or likenesses unreasonably restrain economic competition among its member universities in the college education market in which these athletes purchase higher education services and sell their athletic services, which violates federal antitrust law. Circuit court rulings conflict regarding whether student-athlete eligibility rules are commercial restraints subject to the Sherman Act, and lower courts have inconsistently interpreted and applied NCAA v. Board of Regents of University of Oklahoma, the Supreme Court's only intercollegiate athletics antitrust law precedent. The Supreme Court's refusal to resolve this conflict continues the significant judicial confusion regarding how antitrust law constrains the NCAA's governance of intercollegiate athletics, which has evolved into a multi-billion-dollar part of the entertainment industry with millions of fans and more than 460,000 student-athletes. Its decision not to do also creates uncertainty regarding how lower courts will resolve pending antitrust challenges to other NCAA amateurism rules and input market restraints such as limits on the duration and maximum number of athletic scholarships per sport as well as transfer rules. This article makes some recommendations for applying Section 1 to NCAA student-athlete eligibility rules and input market restraints, which will better promote consumer welfare, protect student-athletes' economic rights, and permit the NCAA to promote the unique features of intercollegiate sports without unwarranted judicial micromanagement.