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Black women's struggle for self-respect and personal autonomy on the college campus is a long-standing one.' Sexual harassment, defined in 1981 by the U.S. Department of Education Office for Civil Rights as "verbal or physical contact of a sexual nature imposed on the basis of sex, by an employee or agent of a school" (Sexual Harassment 3), has been a fact of life for many Black coeds. Yet rarely have they brought formal charges against those who victimize them (memo quoted in ibid.). This has been especially true when the perpetrators have themselves been Black.2 Women courageous enough to raise the issue of harassment have often been victimized (again) in the judicial process. This was the experience of five Black coeds who charged a White male student with harassment at the predominantly White University of Pennsylvania in 1993. Ayanna Taylor, spokeswoman for the group, described the incident at a news conference

In 2000, a small religious group from New Mexico filed a motion for preliminary injunction against the government, challenging a ban on the group's use of a hallucinogenic tea imported from Brazil.1 The district court granted a preliminary injunction under the Religious Freedom Restoration Act (RFRA).2 The Tenth Circuit affirmed.3 In a unanimous opinion, the Supreme Court also affirmed, and found that the government failed to demonstrate a compelling interest in barring the group's religious use ofthe hallucinogen.4 The religious group, however, also asserted an equal protection argument, claiming that the group should receive a federal exemption from the Controlled Substances Act5 for the use and importation of their drug, similar to the peyote exemption for the Native American Church.6 The district court wrongly rejected the equal protection claim. Part II of this note will discuss the background ofthe parties involved with this issue, as well as the relevant legal authorities. Part III will summarize the case at hand on the district and appellate levels, as well as the memorandum opinion, which exclusively covers the equal protection issue. Part IV will analyze the equal protection issue and the Court's decision. Part V will conclude the note.

On April 15, while most Americans were signing and mailing their 1040s, Rep. Joe Barton (R-TX.), chair of the House Energy and Commerce Committee, issued a press release in which the Food and Drug Administration admitted, for the first time, that an important report regarding concerns for the safety of children taking prescription antidepressants had not been released to the public. As the complex story of the FDA's oversight on antidepressants unfolded, it fueled mounting concerns about the extent to which the pharmaceutical industry has permeated the agency and how it may be influencing the agency's policies, practices and regulatory actions. The FDA'S admission was contained in a response to an inquiry from Barton and Rep, James Greenwood (R-PA), both of whom served on the Energy and Commerce Committee's Oversight and Investigations Subcommittee. The FDA acknowledged that an internal consultant had concluded that data supported an association between the use of antidepressants and suicidality in children. The internal consultant was Andrew Mosholder, a member of the agency's Office of Drag Safety and a former reviewer for the Division of Neuropharmacological Products of the FDA's Center for Drug Evaluation and Review (CDER). After conducting a seven-month review, Mosholder recommended that the FDA take additional regulatory action. (1) Not all of the CDER staff had agreed with Mosholder's recommendations. CDER staff decided that, while the tiara from which Mosholder had reached his conclusions should be presented at an upcoming meeting of the FDA's Advisory Committee, having Mosholder do so "would be potentially harmful to public health as it might lead patients who were actually benefiting from the use of these drugs to quit taking them." Instead, Thomas Laughren, also from the Division of Neuropharmacological Products, "presented the same data from which Dr. Mosholder had reached his conclusions," as well as the data from which the Medicines and Healthcare Products Regulatory Agency (the United Kingdom's equivalent of the FDA) had already reached a conclusion essentially identical to Mosholder's--namely, that the association between antidepressant use and suicide in children was substantiated by the evidence. Laughren also described the FDA's plans for further analyzing the data and conducting a more definitive review after that analysis was complete. That analysis, later conducted by independent scientists at Columbia University and released in August (as this essay is being written), fully supported Mosholder's original analysis. (2) Still, the FDA has been slow to take the regulatory action Mosholder recommended. The events surrounding the Mosholder report and the February 2004 Advisory Committee meeting are now the subject of an ongoing Congressional investigation. (3) One very troubling question is whether Mosholder's conclusions had been inappropriately suppressed, but other, broader concerns may ultimately be even more significant. The initial inquiry from Representatives Barton and Greenwood noted that concerns about an association between antidepressants and suicide are hardly new. (4) In fact, they date back over twelve years, to when an earlier FDA advisory committee concluded that no association existed. Further, the FDA continued to monitor the situation for more than a decade following its initial determination, during which time several companies submitted data from new clinical trials seeking approval of a pediatric labeling indication for certain antidepressants already approved for use in adults. Barton and Greenwood also called attention to a January 2004 FDA memorandum in which Laughren revealed that twelve of fifteen studies in children with major depressive disorder showed no efficacy compared with placebo--worse yet, possible indicators of increased suicidal risk were apparently found in five of seven pediatric antidepressant trials, according to the congressional letter of inquiry. …

Toward the end of 1932, Judge Morris Carter's Land Commission began taking testimony to determine how far Africans in the British colony of Kenya were owed compensation for land taken from them by white settlers. Thousands of people attended the commission's public hearings. In Nyeri district, 129 Gikuyu sub-clans representing 105,550 people made claims before the commission.1 Nyeri's district commissioner reported that virtually every person could be seen walking about with typewritten claim and map in hand.2 In Kiambu District, Chief Koinange and his colleagues became part-time pamphleteers producing petitions to sway Carter's opinion.3 And in Fort Hall, local opinion was so strong that Charles Muhoro, the translator for the commission, was confounded at the profanity the presenters employed.4 The Carter Land Commission was plainly a major event in Gikuyu political life. It is therefore surprising that one of Nyeri's major parties, the Kikuyu Central Association, did not pay the commissioners heed. Only a minor KCA official, Waiga Kibanya, testified before the commission during its Nyeri hearings.5 He spoke for a few scant minutes about Gikuyu claims to the Mount Kenya forest. Observers thought him ill prepared.6 The KCA in Nyeri did not present a written memorandum for the commission's review. Instead, its officials gatecrashed a meeting of the Progressive Kikuyu Party, their political opponents, hanging about while PKP members drafted a memorandum.7 This essay inquires into the history of Gikuyu political thought by exploring why the Kikuyu Central Association's Nyeri branch had so little to say to Judge Carter. It focuses on the tension between the polite theater of colonial advocacy and the noisy brawl of ethnic argument. It was John Lonsdale who first tuned historians' ears to the competing strains of political discourse within African communities. In his seminal essay "The Moral Economy of Mau Mau," Lonsdale contrasted the spare discourse of Kenya's high politics with the earthy culture of Gikuyu thought.8 African leaders represented themselves as leaders of homogeneous, unified peoples, in order to compete for influence on the colonial stage. But within the "tribes" that leaders purported to represent, people kept arguing. Ethnicities, Lonsdale showed, are forums of argument. Political leaders had always to do creative work in order to convince their doubting constituents to follow their lead. The present essay applies Lonsdale's insights to the study of land politics in northern Gikuyuland. My thesis, put simply, is that colonial-era political entrepreneurs created a Gikuyu people by reformulating property as territory. By the sweat of their brows, the precolonial pioneers of central Kenya had once hewn their homesteads from the encroaching forest. They and their descendants saw land as a patrimony, an endowment that enabled family members to flourish. Colonial-era politicians asked central Kenya's proudly independent homesteaders to think about their hard-won property as territory, a gift from a paternal God to an identifiable Gikuyu nation. By refiguring property as territory, political entrepreneurs drew clansmen together as soldiers dedicated to serving their country. Where organizers asked Gikuyu to practice a single-minded discipline, Judge Carter brought clannish local politics to the fore. Carter asked Nyeri people to recount the local histories that divided them. It was this parochial parade, I suggest, that terrified the unifiers of the KCA. Nyeri's organizers did not pronounce on Gikuyu land tenure because they could not. Their project was founded on constituents' strategic willingness to overlook the local politics that set them at odds. Judge Carter threatened to turn organizers' imagined community into a fratricidal absurdity. John Lonsdale taught us to see how thoroughly people sharing an ethnicity could disagree. This essay pays tribute to Lonsdale's pioneering scholarship by documenting the political work by which Gikuyuland was made. …

In "Inside Appellate Courts: The Impact of Court Organization on Judicial Decision Making in The United States Courts of Appeals" (Michigan 2002), Jonathan Matthew Cohen, a sociologist and practicing attorney, asks a question that has received scant attention in the academic commentary on appellate judging: If we accept the dominant conception of appellate court judging as a process of atomistic contemplation, how do federal circuit court judges continue to maintain high quality opinions in the face of pervasively growing judicial dockets? Cohen advances the provocative thesis that increasing workloads have not prevented appellate judges from producing high quality outputs, but rather, that the dominant image of appellate judging as an isolated contemplative task is conceptually flawed. A better approach, Cohen argues, is to compare the task of appellate court judging to production within a multi-divisional private firm. While Cohen recognizes the inherent limits of his analogy, and in particular, that unlike private firms, circuit courts lack a central coordinating authority, he nonetheless contends that it is more fruitful to consider the judges in the manner of workers in a complex organization than as autonomous actors reflecting in isolation on the legal issues presented on appeal. In this review essay, Stearns considers three complementary methodologies for analyzing appellate courts that yield insights of particular interest to lawyers and legal scholars. Such questions include how appellate courts transform preferences into doctrine; the nature of cases that are likely susceptible to further appellate process through en banc, mini-en banc, or Supreme Court review; and how best to evaluate appellate court opinions. While organizational theory provides a useful starting point, Stearns contends that insights drawn from other methodologies, including economics (demonstrating how decentralized informational processes can provide more meaningful data), probability analysis (demonstrating the quality of data drawn from subsets of a larger group), and social choice (demonstrating the nature and limits of group decision making), might prove more fruitful in evaluating at least some of these questions. Stearns concludes that a comprehensive understanding of federal appellate judging requires not only an understanding of the circuit courts' internal organizational structure, but also an analysis of the edifice of circuit court decision making from inside and out.

I Introduction: The "Internationalization" of Mathematics and the Interests Therein of Scientists and Philanthropists.- 1. The Notion of Internationalization as Used in this Book and the Unity of the International and National Dimensions of Science and Mathematics.- 2. The Political and Ideological Dimension of "Internationalization" and Tentative Remarks About the More General Notion of "Modernization".- 3. "Patriotic Political Posturing" of German Scientists After World War I and the Exemplary Degree of Internationalization of German Science: An Example for Possible Conflicts Between Scientific and Political Interests.- 4. American Philanthropic Foundations and Their Interest in International Science and Mathematics Between the Two World Wars.- 5. The Intersection Between the Interests of Mathematicians and of the Foundations, and the Main Goals of this Book.- II The Political and Economic Conditions for International Scientific Collaboration After World War I and the Situation in Mathematics.- 1. Wickliffe Rose, the Beginnings of the International Education Board and the Central Role of the Fellowship Program.- 2. Rose's Trip to Europe (1923/24) and the Political and Economic Conditions for International Scientific Collaboration (Especially "Migrations") After World War I.- 3. Rose's Trip to Europe, the Place of Physics and Mathematics in His Plan and the Peculiar Situation of German Mathematics.- 4. Emergency Help Following Rose's Trip to Europe: Support for Mathematical Publications and the Exceptional Founding of a New Journal: The Journal of the London Mathematical Society.- 5. International Comparisons in Mathematics on the Eve of Birkhoff's Trip to Europe.- 6. Birkhoff as the Leading American Mathematician, His Trip to Europe in 1926, and His Conclusions on the Problem of Mathematical Communication.- 7. Changed Assessments Following Birkhoff's Trip to Europe of the Relative Standing of International Mathematical Centres.- 8. Summary and Conclusions.- III General Ideological and Political Positions Underlying the IEB's Activities.- 1. Augustus Trowbridge's Appointment as Head of the IEB Office in Paris (1925).- 2. The Relation Between "Saving" and "Developing" Scientific Cultures, and Between "Advanced" and "Backward" Countries.- 3. Anti-Semitism as an Example for Political Resentments.- 4. The "Excellence" and "Best Science" Policy of the IEB and Its Inherent Conflict With Support for "Backward Countries". First Examples from the IEB Fellowship Program for Mathematicians.- 5. Limits for the Transfer to Europe of the American (Sociological) Ideal of Cooperative Work in the Sciences.- 6. Further American Ideals and Requirements of Communication (Decentralization, Oral Communication, Matching Funds, Large-Scale Grants).- 7. Summary and Conclusions.- IV The Practice of the Fellowship Programs of IEB (1923-1928) and RF (After 1928), and the Particular Situation of Mathematics.- Preliminary Remarks.- 1. Criteria for the Selection of Fellows, Problems of Meeting the Criteria, and Exceptions Made.- 2. Details and Examples.- 3. The Restricted Power of the Advisors: Counselling, Tactics, and Dependence on the Philanthropists' Values.- 4. The Fellowship List, Some Related Statistics and First Conclusions, Especially With Respect to the Rise of American Mathematics.- 5. Reflections on and Impressions of the Cognitive Dimension of the Fellowship Programs.- 6. Selected Social Problems of (Scientific) Mathematical Communication in the 1920s and 1930s, Particularly in France, as Revealed in the Sources on Fellowships.- 7. The Rise of Soviet-Russian Mathematics and Problems of Response on the Part of Rockefeller Philanthropy: Especially Besicovitch, Lusin, and Kolmogorov.- 8. The Dominance of National (American) Interests in the IEB/RF Policies.- 9. Excursus: The Guggenheim Fellowship Program Since 1926.- 10. Summary and Conclusions.- V The Institute Projects in Europe 1926-1928: Goettingen, Paris, a Project Turned Down in Djursholm, and an Excursus on the Institute for Advanced Study in Princeton.- 1. The IEB Erects a New Mathematics Institute in Goettingen.- 1.1. Trowbridge's Visit to Goettingen in October 1925.- 1.2. The Visit of Trowbridge and Birkhoff to Goettingen (July 1926).- 1.3. The Fate of the Institute and Its Director Courant Under Nazi Rule.- 2. The Foundation of the Institut Henri Poincare in Paris.- 2.1 The Beginnings of the Institute, the Initial Role of Mathematical Physics, and the Gradual Realization of Trowbridge's Memo of May 1926.- 2.2. Introducing the Name `Henri Poincare' and Opening the Institute in November 1928.- 2.3. The Institut Henri PoincarE as an Element of Further Institutional Development in French Mathematics.- 2.4. The Institut Henri PoincarE Discloses its "International Potentialities" and Adds to the Cognitive Dimension in French Mathematics: The Role of Stochastics and the International Lecture Program in the 1930s.- 2.5. The Institut Henri PoincarE Released From Rockefeller Influence and Protection Until the Early Post-War Years.- 3. The Mathematical Institute in Djursholm (Sweden): A Case of Rockefeller Help Refused.- 4. Excursus: The Foundation of the School of Mathematics of the Institute for Advanced Study (Princeton) Around 1932 and Its Relation to the Rockefeller Projects.- 5. Summary and Conclusions.- VI The Emergency Program of the RF After 1933 and Changing Attitudes of the RF Vis-A-Vis Mathematics Before the War: Mathematics Caught Between New Scientific Orientations and Catastrophic Political Developments.- Introduction: The Peculiar Situation in Mathematics, Especially the Role of Warren Weaver.- 1. The Seizure of Power by the Nazis in Germany, Consequences for Mathematics, Reactions by Rockefeller Philanthropy, and the Impact on the Regular Program in Europe.- 2. The Rockefeller Emergency Programs and Mathematics.- 3. Support for Interdisciplinary Research and Bordering Subjects of Mathematics and Taking "Responsibility" for General European Values.- 4. Summary and Conclusions.- VII Epilogue.- Notes.- Appendices.- 1. Proposal by the Physicists of Goettingen for Support From the IEB 1924.- 2. A Memo by English Mathematician G.H.Hardy Asking for Support for a New Journal 1924.- 3. Nikolaj Lusin's Application for a IEB Fellowship, March 27, 1926.- 4. Paul Montel (1944) on the Origin of Plans for the Institut Henri Poincare in May 1926.- 5. A Memorandum by Augustus Trowbridge (lEB) on a Meeting With ?mile Borel Concerning Plans for the Foundation of an Institute for Mathematics and Mathematical Physics in Paris (May 1926).- 6. Report by A. Trowbridge on His trip to Goettingen July 2 Through July 4, 1926.- 7. G.D. Birkhoffs Report to the IEB of September 1926 Concerning His Trip to Europe.- 8. Richard Courant's Assessment of American Mathematics as of 1927.- 9. IEB-Fellow Heinz Hopf 1928 on the Exemplary Sports Facilities at American Universities.

September of this year will mark the twentieth anniversary of the publication of my memorandum recommending that companies adopt the poison pill, which I invented in the summer of 1982 to deal with the takeover abuses that emerged in the 1970s and had become endemic by the end of the decade. The pill prevents a hostile tender offer from being consummated unless and until the board of directors of the target redeems the pill. The pill does not prevent a proxy fight to remove and replace a board of directors that refuses to redeem the pill. It was and is a fundamental aspect of the pill that a proxy fight is the only way in which a raider can override a well-founded decision of the board to reject and block a takeover bid. Now Professor Lucian Bebchuk urges, in his brilliantly presented Article, that basic state corporation law be changed to allow a raider to demand a shareholder referendum whenever a board refuses to redeem a pill.1 This proposal is one of several that have been advanced over the years to deny the board of a target the ability to craft a strategy to protect corporate interests in the context of a hostile takeover bid. In a rough chronological sequence, the pro-takeover, anti-board-of-directors arguments have been

List of Abbreviations Preface Volker R. Berghahn Introduction Hannes Heer and Klaus Naumann Chapter 1. The Concept of the War of Annihilation: Clausewitz, Ludendorff, Hitler Jan Philipp Reemtsma PART I - Crimes Chapter 2. Coming Along to Shoot Some Jews?A" The Destruction of the Jews in Serbia Walter Manoschek Chapter 3. Killing Fields: The Wehrmacht and the Holocaust in Belorussia, 1941-42 Hannes Heer Chapter 4. Soviet Prisoners of War in the Hands of the Wehrmacht Christian Streit Chapter 5. The Logic of the War of Extermination: The Wehrmacht and the Anti-Partisan War Hannes Heer Chapter 6. Men of 20 July and the War in the Soviet Union Christian Gerlach Chapter 7. Military Violence and the National Socialist Consensus: The Wehrmacht in Greece, 1941-44 Mark Mazower Chapter 8. Civitella della Chiana on 29 June 1944: The Reconstruction of a German MeasureA" Michael Geyer PART II - Formations Chapter 9. Local Headquarters Liepaja: Two Months of German Occupation in the Summer of 1941 Margers Vestermanis Chapter 10. On the Way to Stalingrad: The 6th Army in 1941-42 Bernd Boll and Hans Safrian Chapter 11. Incident at Baranivka: German Reprisals and the Soviet Partisan Movement in Ukraine, October-December 1941 Truman Anderson Chapter 12. Koruck 582 Theo J. Schulte Chapter 13. How Amorality Became Normality: Reflections on the Mentality of German Soldiers on the Eastern Front Hannes Heer Chapter 14. Emptying the Gaze: Framing Violence through the Viewfinder Bernd Huppauf PART III - Aftermath Chapter 15. Forward Defense: The Memorandum of the GeneralsA" for the Nuremberg Court Manfred Messerschmidt Chapter 16. Whose History Is It, Anyway? The Wehrmacht and German Historiography Omer Bartov Chapter 17. The UnblemishedA" Wehrmacht: The Social History of a Myth Klaus Naumann Notes on Contributors Appendix: Charts and Maps Index of Names Index of Locations

John Lydgate's Siege of Thebes has received increasing attention in recent years: scholars have debated its date of composition (probably in 1421), its conception as an additional `Canterbury Tale', and, above all, its structure and precise significance.1 The poem was certainly popular with medieval readers, surviving in at least twenty-nine manuscripts. The copy now in the possession of Boston Public Library (MS f. med. 94) was, like several others, unknown to the editors of the poem for the Early English Text Society.2 This manuscript has a particular interest in that its scribe has recently been identified, in important articles by Professor A. S. G. Edwards and Dr A. I. Doyle, as Stephen Dodesham (d. c.1482), who in later life was a Carthusian monk, first at Witham in Somerset, and then at Sheen, near London.3 Most of the manuscripts copied by Dodesham were religious and devotional, and it seems likely that this and two other copies of The Siege of Thebes also made by Dodesham (Beinecke Library, MS 661, and Cambridge University Library, Add. MS 3137) belong to the earlier part of his career, as a lay scribe, before he entered the Carthusian order. On the evidence of the decoration, Professor Edwards conjecturally places the Boston manuscript in the 1430s, Dr Doyle more cautiously dates it c.1430-60. This article, however, is concerned not with the origin and production of the Boston manuscript but with its later history. Various entries, such as owners' names and short pieces of verse, provide valuable, if scrappy, evidence concerning Lydgate's reception in Scotland, and the literary interests of certain Scottish families in the fifteenth and sixteenth centuries. Nearly twenty years ago Professor Edwards called for a more systematic study of Lydgate manuscripts and their early owners, yet this aspect of the manuscript has been curiously neglected.' The Siege of Thebes was certainly known to Gavin Douglas, and there is evidence that it and other poems of Lydgate were popular in Scotland.5 The Boston text of the poem lacks marginal annotation, but this does not necessarily imply that it was read inattentively. The additional entries occur (as is common enough) on the blank leaves at the beginning and end of the manuscript (now foliated, in a modern hand, as 1, 2, 74, 75, and 76). They are written in a number of different hands, and in several languages - Latin, French, and Scots - and, as these leaves are dirty and badly worn, are often extremely difficult to decipher (see item no. 5 below, p. 94). The manuscript contains only one date (1592), but the other entries, which were evidently made at various times, cannot be dated so precisely. The first owner, who was almost certainly English, probably commissioned the work from Dodesham some time in the mid-fifteenth century. The earliest entries occur on fol. 76^sup r^: `Te deum laudamus te dominum confitemur' (repeated) and Pour dieu Remembres Vous de moy Remembres Vous de moy pour dieu. This second inscription, which is written down the outer margin at right angles to the first, is in the same `neat fifteenth-century secretary hand', which Dr Doyle considers English rather than Scots.6 He notes also that a piece of verse in Scots (no. 6 below) appears to be later and to be written over the first word of the second inscription. This French inscription might perhaps imply that the manuscript is a gift from one person to another, but, if so, it is impossible to identify the moy and vous. By the last decade of the fifteenth century the manuscript was undoubtedly in Scotland. Some inscriptions on fol. 75' show that it was then in the possession of the Lyle family, who owned estates in Renfrewshire. Some of these, unfortunately, are mere scribbles, such as `Sum scriptyr talis' and 'Ioanne', and many words are now almost illegible. Nonetheless one Latin entry contains the names `Robertus lyle' and 'Mareota Lylle'; and a little below this is written: Memorandum that Robert lylle borruyt a buk fra maryown lylle lade off huston [. …

My theme for discussing Professor Cooper's paper is prompted by the impending retirement of Senator Daniel Patrick Moynihan. Many may recall how he first came to broad public attention. In January1969, as an advisor to President-elect Richard Nixon, Moynihan wrote a memorandum concerning the course the new President should adopt toward race relations in the wake of the civil rights activism of the 1960s. Borrowing the Earl of Durham's 1839 suggestion for the British attitude toward Canada, Moynihan recommended that the new administration pursue a policy of "benign neglect."

Part 1 Constitution-making in South Africa: historical background exploring the feasibility of negotiation removing the obstacles preparing to negotiate defining the agenda defining the process negotiation an end to a deadlock negotiating the transition framework for negotiating the final constitution negotiating the final constitution certification of the final constitution the public participation process. Epilogue: lessons from the negotiating tables. Part 2 Schedule of documents: Peace Treaty of Vereeniging, 31 May 1902 letter from E.R. Roux to Douglas Wolton, 5 September 1928 resolution of the "South African question" adopted by the Executive Committee of the Communist International following the sixth Comintem congress "Our Annual Conference - an inspiring gathering" - report in "The South African Worker" 31 January 1929 programme of the Communist Party of South Africa adopted at the seventh annual conference of the party, 1 January 1929 African s claims in South Africa the Freedom Chapter, 26 June 1955 letter on the current situation and suggesting a multi-racial convention, from Chief Albert J. Luthuli to Prime Minister J.G. Strijdom, 28 May 1957 first letter from Nelson Mandela to Hendrik Verwoerd, 20 April 1961 letter from Nelson Mandela to Sir de Villiers Graaff of the United party, 23 May 1961 second letter from Nelson Mandela to Hendrik Verwoerd, 26 June 1961 notes prepared by Nelson Mandela for his meeting with P.W. Botha, 5 July 1989 the Harare Declaration, 1989 resolution on negotiations and the Constituent Assembly, 8 December 1989 a "document to create a climate of understanding" F.W. de Klerk's speech at the opening of Parliament, 2 February 1990 the Groote Schuur minute the Pretoria minute the D.F. Malan accord advance to national democracy - guidelines on strategy and tactics of the ANC ANC National Consultative Conference, december 1991 CODESA 1 - declaration of intent memorandum from Nelson Mandela to F.W. de Klerk de Klerk's reply to Nelson Mandela, 2 July 1992 response by Nelson Mandela to F.W. de Klerk's 2 July 1992 memorandum, 4 July 1992 Nelson Mandela's reply to F.W. de Klerk, 9 July 1992 record of understanding, 26 September 1992 negotiations - a strategic perspective, 25 November 1992 resolution on the need for the resumption of multi-party negotiations, 5 March 1993 the Negotiating Forum - resolution on violence, 1 April 1993 the Negotiating Forum - resolution on the transition process, 1 April 1993 the Negotiating Council - resolution on violence, 3 June 1993 accord on Afrikaaner self-determination, 23 April 1994. (Part contents).

The Tokyo War Crimes Trial's French Justice Bernard and his Dissenting Judgment, Jean Esmein. Justice Röling of The Nederlands, who had been sitting in the judgment tribune close to Henri Bernard at the IMTFE, has said in his interviews, when The Tokyo Trial and Beyond was written, that thinking the Memorandum of Dissent of the Honourable Mr Justice Bernard over in the forty years after the trial, he had corne to esteem more and more his insight. Yet the french Indictment in Tokyo has not been much analysed until now, and the personality of the french representative at the IMTFE is still less known. This article tries to give an account of the action and afterthoughts of the french party., Esmein Jean. Le juge Henri Bernard au procès de Tokyô. In: Vingtième Siècle, revue d'histoire, n°59, juillet-septembre 1998. pp. 3-14.

Federal minority contracting opportunities serve as a major point of entry for socially and economically disadvantaged business entrepreneurs and small business concerns into the mainstream of American business enterprise. In 1994, the Minority Business Development Agency (MBDA) in the U.S. Department of Commerce reported that the value of all federal minority business enterprises prime and subcontracting procurement was 14.6 billion dollars or 8.3 percent of the total federal procurement (Parrott-Fouseca, n.d.). This amount represented an increase of more than 100 percent since 1984. Further, 68 of the top 100 Black Enterprise Magazine businesses are federal government contractors (Parrott-Fouseca, n.d.). About 32 of the top 100 largest African American firms and 17 of the top 100 largest Hispanic firms were or had been in the Section 8(a) program of the Small Business Administration (Affirmative Action Review: Report to the President, 1995). In fiscal year 1994, 5.8 billion dollars worth of federal contracts were awarded competitively to minority businesses; representing an increase of some 152 percent from 2.3 billion dollars awarded in fiscal year 1984 (Parrott-Fouseca, n.d.). Additionally, 6.1 billion defense dollars were spent with minority firms in 1994 and from 4.4 to 4.9 billion federal dollars were spent with 5,400 firms in the Section 8 (a) program in 1994 (D. J. Miller and Associates, n.d.; Affirmative Action Review: Report to the President, 1995). Provisions in federal law allowed set-asides to provide opportunities for socially and economically disadvantaged and small business enterprises to win federal contracts. For example. Section 502 of the Small Business Act (Public Law, 95-507) provides: The President shall annually establish government-wide goals for procurement contracts awarded to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals. The Government-wide goal for participation by small business contracts shall be established at not less than 20 percent of the total value of all prime contract awards for each fiscal year. The Government-wide goal for participation by small business concerns owned and controlled by socially and economically disadvantaged individuals shall be established at not less than 5 percent of the total value of all prime contract and subcontract awards. The Section 8(a) program represents some 40 percent of all federal procurement dollars received by small and socially and economically disadvantaged enterprises (Henderson, 1995). Further, the U.S. Department of Defense's Section 1207 programs allows the agency to implement a limited set-aside program for small businesses--in addition to the Section 8(a) program--to meet a statutory goal of 5 percent for socially and economically disadvantaged business enterprises (Public Law, 99-661). The intent of these and other similar federal procurement programs is to address historical patterns of discrimination and poor market access of minority business enterprises (Henderson, 1995). However, a number of these programs were called into question as a result of the Supreme Court's decision in Adarand Constructors, Inc. v. Pena (115 S.Ct. 2097, 1995). The social and political controversy generated by the Adarand decision prompted President Clinton to issue a memorandum on June 19, 1995, to the heads of executive departments and agencies with the following directive: in all programs you administer that use race, ethnicity, or gender as a consideration to expand opportunity or provide groups that have suffered discrimination, I ask you to take steps to ensure adherence to the following policy principles. …

On October 8, 1948, a senior official in the Netherlands Embassy in Washington DC handed an English translation of a Dutch memorandum to Frederick Nolting, who at that particular moment served as acting director of the Philippines and Southeast Asian Affairs Office (PSA) in the State Department. Classified as secret, the document bore the title "Relevant Portion of a Confidential Report of an Important Netherlands Source in Indonesia dated September 13, 1948." A few weeks earlier, the original Dutch version of the report had begun to circulate in Jakarta under the signature of Lieutenant-General Simon Hendrik Spoor, the Commander-in-Chief of the Dutch military forces in Indonesia.1 The first three paragraphs of the text conjured up a well

When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers.' I was so sure of this intuition that I embarked on my first major law review article based on the premise that the prosecutions perpetuated Black women's subordination.2 My hunch turned out to be right: a memorandum prepared by the ACLU Reproductive Freedom Project documented cases brought against pregnant women as of October 1990 and revealed that thirty-two of fifty-two defendants were Black.3 By the middle of 1992, the number of prosecutions had increased to more than 160 in 24 states.4 About 75% were brought against women of color.5

CONTENTS List of illustrations List of maps Acknowledgements Introduction I Testimony of R. E. Lee Biographical and editorial notesGary W. Gallagher, Pennsylvania State University Memoranda of conversations with General Robert E. LeeWilliam Allan Memorandum of a conversation with General R. E. LeeEdward Clifford Gordon Memoranda of conversations with General R. E. LeeWilliam Preston Johnston II Assessments of Lee's overall generalship The campaigns of Gen. Robert E. LeeJubal A. Early General LeeFrancis Lawley General LeeField Marshall Viscount Wolseley Lee and the strategy of the Civil WarGeorge A. Bruce The sword of Robert E. LeeDouglas Southall Freeman The generalship of Robert E. LeeCharles P. Roland Robert E. Lee and the Western Confederacy: a criticism of Lee's strategic abilityThomas L. Connelly The historian versus the general: Thomas L. Connelly versus Robert E. LeeAlbert Castel General LeeAlan T. Nolan Another look at the generalship of R. E. LeeGary W. Gallagher, Pennsylvania State University Lee and Jefferson DavisWilliam C. Davis III The great campaigns From "King of Spades" to "First Captain of the Confederacy": R. E. Lee's first six weeks with the Army of Northern VirginiaCarol Reardon, Pennsylvania State University Robert E. Lee and the Maryland campaignD. Scott Hartwig Lee at ChancellorsvilleRobert K. Krick Lee in PennsylvaniaJames Longstreet Reply to General LongstreetJubal A. Early Letter on causes of Lee's defeat at GettysburgEdward Porter Alexander Why was Gettysburg lost?Douglas Southall Freeman R. E. Lee and July 1 at GettysburgAlan T. Nolan "If the enemy is there, we must attack him": R. E. Lee and the second day at GettysburgGary W. Gallagher, Pennsylvania State University "A mere question of time": Robert E. Lee from the wilderness to Appomattox Court HouseNoah Andre Trudeau IV The written record The Robert E. Lee 200: an annotated bibliography of essential books on Lee's military careerT. Michael Parrish, L. B. Johnson Library Contributors Index

A recent controversy concerning the pricing of drugs and other technological innovations funded by public dollars raised profound m,oral and social questions, questions the bioethics community has long overlooked. The scope of bioethics has expanded over the years from its original emphasis on questions arising out of clinical encounters and biomedical research to an increasing emphasis on questions about health policy and health care reform. I have long been convinced, however, that even this expanded scope is still conceived far too narrowly. While few technological advances in medicine take place without public commentary by bioethicists, major structural changes in the delivery of health care or in the conduct of biomedical research often go unnoticed by the bioethics community, despite the fact that these changes often raise profound moral and social issues. A splendid example of this neglect was the silence of the bioethics community about the announcement on 11 April 1995 by Harold Varmus, the director of the National Institutes of Health, that the NIH would no longer insist on a "reasonable pricing clause" in Cooperative Research and Development Agreements and in Exclusive license Agreements between industry and government in the process of technology transfer.[1] This decision reversed a policy adopted in 1989 as a result of a public outcry over the pricing by Burroughs-Wellcome of AZT, which had been developed in part by researchers at the National Cancer Institute. This was an issue much debated in the research and biotechnology community for six years, with two major meetings at the NIH in 1994 devoted to it. There was no bioethics input at either of those meetings, despite the fact that the issue raises many important questions to which both moral theory and political philosophy have much to contribute. It is time for the bioethics community to expand its focus and jorovide input to many more issues. The Technology Transfer Background In the 1980s, the U.S. Congress passed two major acts[2] the designed to promote collaboration between the federal research effort and the development of useful technologies, the process that has come to be called technology transfer[3]. The thinking behind these statutes is clearly articulated in the following congressional statement explaining the second act: The United States can no longer afford the luxury of isolating its government laboratories from university and industry laboratories. Already endowed with the best research institutions in the world, this country is increasingly challenged in its military and economic competitiveness. The national interest demands that the federal laboratories collaborate with universities and industry to ensure continued advances in scientific knowledge and its translation into useful technology. The Federal laboratories must be more responsive to national needs.[4] The first of the two acts was the Bayh-Dole Act of 1980. It addressed the ownership of inventions made by researchers using federal funds from contracts or grants. Since 1963, when President Kennedy issued a memorandum on this question, the patents were held by the government when the resulting products were to be used by the general public, when the research concerned public health or welfare, when the government was the principal developer in the field, or when the contractor was running a federally owned facility. There was a widespread conviction that this policy often resulted in potentially useful government-owned inventions not being developed into useful products. Those who might develop useful products, it was felt, did not do so because they didn't own the technology and couldn't be assured of an adequate and safe return on their investment. The 1980 Bayh-Dole Act changed this situation. …

The proposed European Convention on Bioethics now being prepared by the Council of Europe ought to be prompting a debate as to whether the law should be used to enforce moral principles. That no such debate is occurring is a reflection of the quite unnecessary secrecy with which the convention has been drafted. Here I must digress: European institutions are confusing enough for Europeans, let alone overseas observers. The European Union and the Council of Europe are entirely separate. The European Union, of fifteen members, is controlled by the European Commission in Brussels and the elected European Parliament. The Council of Europe, however, is older and has more members but fewer powers. Based in Strasbourg, it has an unelected Parliamentary Assembly, whose members are appointed by the member states. It created the very important European Convention on Human Rights as well as the current draft bioethics convention. The Council of Europe has had an advisory committee in the field of bioethics for over fifteen years. It has produced several recommendations to its thirty or so member states on various bioethics problems, some of which were helpful particularly in countries without an active bioethics community. A decade ago it tried to produce a textbook of medical ethics to be used by students and doctors throughout Europe, but the project died when it became apparent just how varied were the approaches to medical ethics in different parts of Europe. There tends to be a divide between the traditionally Catholic South and the mainly Protestant North that influences not only the principles on which bioethics rests, but also attitudes as to the desirability of legislating in such an area. Nothing daunted, however, the council asked the advisory committee in 1991 to draft a convention that attempted to harmonize the varying standards. Last summer a draft was published without there having been any public consultation in the meantime. The working party that wrote the draft has rather more civil servants than experts in bioethics, and chose, apparently at the insistence of the British civil servant who chaired it, to work in private. The resulting text is a disappointment. Any state that ratified the convention would undertake to give it legal effect by passing new laws for those articles not already covered by law. Yet a lengthy explanatory memorandum accompanying the draft does not say why it should be necessary to have laws on the rather random selection of topics included in the draft. …

The British mission at Los Alamos - the scientific dimension the British mission at Los Alamos - the social dimension the aftermath varieties of the British mission experience the strange tale of Klaus Fuchs the British mission and the postwar nuclear culture. Appendices: the postwar careers of the British mission the Frisch-Peierls memorandum (March 1940) Ralph Carlisle Smith's summary of the British mission at Los Alamos Otto Frisch's eyewitness account of the July 16, 1945, atomic explosion at trinity site, Alamogordo air base, New Mexico.

t Circuit Judge, U.S. Court of Appeals for the Third Circuit. B.A., University of Pennsylvania, 1954; LL.B., Yale Law School, 1957. Judge Becker is the primary author of this Essay, which is based upon material gathered by all three authors. tt Associate Justice, Supreme Court of the United States. A.B., Stanford University, 1959; B.A., Oxford University, 1961; LL.B., Harvard Law School, 1964. At the time of the events narrated in this Essay, Justice Breyer was serving as Circuit Judge and then as Chief Judge of the U.S. Court of Appeals for the First Circuit. ttt Circuit Judge, U.S. Court of Appeals for the Second Circuit. B.S., Yale University, 1953; B.A., Oxford University, 1955; LL.B., Yale Law School, 1958; M.A., Oxford University, 1959. At the time of the events narrated in this Essay, Judge Calabresi was serving as the Dean of the Yale Law School. 1. Memorandum from Judge Becker and Chief Judge Breyer to Members of the Judicial Conference I (Sept. 8, 1993) (proposing specific language of resolution voted on by Conference) (on file with Judge Becker); see L. RALPH MECHAM (DIRECTOR), ADMIN. OFF. OF THE U.S. CTS., REPORT OF THE PROCEEDINGS OF THE JUDICIAL CONFERENCE OF THE UNITED STATES 49 (Sept. 20, 1993) ("In an effort to improve the law clerk hiring process, the Judicial Conference voted to recommend to all judicial officers that March 1 of the year before a clerkship begins be the benchmark starting date for law clerk interviews.").

Reinventing government is rapidly becoming the orchestral theme for public sector officials who must face the music of increasing demands on, and a decline in, available resources. Generally associated with issues of productivity and efficiency, the theme of reinventing government has been extended by the Clinton administration to redefine the relationship between the federal government and local communities. Illustrative of this extension is the administration's Empowerment Zones and Enterprise Communities Program enacted by Congress as part of the Omnibus Budget Reconciliation Act of 1993. President Clinton has orchestrated the Empowerment Zones and Enterprise Communities Act (EZEC) as dominant themes in his administrations reinventing government symphony. This dominance is clearly enunciated in his memorandum to the President's Community Enterprise Board, which is chaired by Vice President Gore and includes the secretaries of all major departments and councils in the administration. In his memorandum, the President directs the board to implement the EZEC program so that it reflects the principles of the National Performance Review, the vice president's blueprint for streamlining and reinventing government (Clinton, 1993). The primary tones of the EZEC--enterprise zones and local community planning and empowerment--are not new melodies. The enterprise zone, with its geographically targeted tax reductions and regulatory relief, has been a federal and state refrain for almost 15 years. Community planning and empowerment are dearly repetitions of motifs that linger from the 1960's Model Cities program. Is, then, the EZEC program merely a reorchestration of earlier enterprise zone pieces composed during the Reagan-Bush years, with a Clinton spin from Lyndon Johnson's Great Society? If so, does the EZEC reinvent government? To answer these questions, the concepts of enterprise zones and of the Model Cities program, as well as the lessons learned from them, must be clearly understood. This article begins with the origins of enterprise zones in England and traces their historical development in the United States, on both federal and state levels. After presenting the history of enterprise zones, and the lessons to be learned from them, I proceed to review the lessons to be gleaned from the Model Cities program and close by addressing the question, can reorchestration of historical themes be reinventing government? The Origins of Enterprise Zones: The British ]Experiment The concept of using enterprise zones to encourage economic development did not begin in the United States, but is based on a British experiment in urban revitalization of the late 1970s. Coined as a phrase by geographer Peter Hall, and derived from the apparent economic success of enterprise-zone-type policy precedents established in Hong Kong and in Taiwan, the first public pronouncement of the zone concept is generally traced to England's Sir Goeffrey Howe, a Conservative member of Parliament. Howe's 1978 pronouncement was made in London's dockland district, an area then typical of Britain's distressed urban communities. Howe and his supporters saw the implementation of enterprise zones as a way to alleviate urban distress by allowing entrepreneurs to pursue profit with minimum governmental restrictions. This free-market approach, with its emphasis on tax and regulatory relief, stood in stark contrast to Britain's centrally planned economic development programs, which Howe felt were dismal failures. Howe was given the opportunity to implement enterprise zones when he became Chancellor of the Exchequer in Margaret Thatcher's Conservative administration. His 1980 legislation authorized by Parliament provided for geographically targeted tax incentives and regulatory relief It provided for contractual agreements between the central government and local governments that were to establish zone boundaries and the procedures for granting these tax incentives and regulatory relief to local entrepreneurs. …

Introduction - Subroto Roy and William E James The State of Governance - James Manor Language, Religion and Politics - Paul R Brass Problems of Federal Leadership - Bhagwan Dua Planning and Foreign Trade Reconsidered - T N Srinivasan A Memorandum to the Government of India 1955 - Milton Freidman Fiscal Finance and Money Supply - Amaresh Bagchi Economics of Food and Agriculture - Kalanidhi Subbarao Nutrition and Health - Anil Deolalikar Historical Roots of Economic Policy - B R Tomlinson

In the past three years, skills education has become the vogue topic of legal education. The proliferation of continuing legal education courses and the rise of the in-house trainer1 reflect a growing interest in instructional approaches which emphasize the development of contextualized skills for legal practice. Both the Bar2 and the Law Society3 have thoroughly reviewed their models of education and training, finally implementing the spirit as well as the letter of the recommendations of the Ormrod Report of 1971 that the vocational stage of legal education should be more practically oriented.4 Movement towards the direct teaching and assessment of skills applied in the context of legal knowledge reflects curriculum reform taking place all over the Commonwealth, in particular at the professional stage of legal education.5 Throughout these programmes, skills teaching is characterized by the use of experiential learning, generally role-play, demonstration and/or observation, in which students rehearse the conduct of legal transactions and tasks rather than simply listen to lectures about how to do them. Skills education pays as much or more attention to the processes associated with legal practice how to conduct research in an unknown area, how to structure a letter or a memorandum of advice or a statement of claim, how to interview a client in a manner which will put him at his ease, how to persuade a client that she would do better to settle than to pursue costly litigation as it does to the legal substance of these and other tasks and their end products. If what we understand by 'skills' education includes all forms of experience-based and experience-directed learning, such as mooting, or legal writing and drafting programmes, including what was packaged in earlier days as 'clinical legal education',6 law teachers may be forgiven for pointing out that skills education in law is not really so 'new' at all. What is new however is the widespread and sustained attention skills education is now receiving from both institutions and individuals.

A KURDISH independence movement was officially inaugu rated at the San Francisco Conference in April 1945, in a * letter addressed to the delegates in the name of the Kurd ish League. The letter was accompanied by a memorandum on the "Kurdish Question." It makes little difference that the ma terial presented was strongly reminiscent of what had appeared in brochure form upon the same subject at the Paris Peace Con ference in 1919. The figures in the memorandum may not be acceptable. The demands for Kurdish autonomy may be exagger ated to the point that many readers of liberal intention will con sider them ridiculous. Certain facts, nevertheless, remain. There is a Kurdish independence movement. It has three active propa ganda centers, one located in Syrian Beirut, a second at Sauj Bulagh in western Iran. The third center is in the "Communist" Party of 'Iraq, which has published a program of reforms with the resounding title of "The Charter of the Kurdish People." Its 17 clauses include: collaboration with the Arabs of 'Iraq; "real" independence of the Kurds and Arabs (implying that 'Iraq is under British imperial control); freedom of political opinion and expression; distribution of lands in fee simple to the peasants; old age, sickness and unemployment security; freedom of worship for religious minorities, with special mention in this regard of the Turcomans, Yezidis, Arabs and Assyrian Christians; and encour agement of public instruction for both sexes, with native schools and teaching in the Kurdish language. All of this is admirable enough, if one can grant that Kurdish independence is feasible or that it is advisable from the point of view of world security. Cer tainly Kurdish Communism is something quite different from the Moscow brand.

Until the beginning of the 1960s, the extension of state activity in the direction of an 'active intervention state' faced strong opposition in the Federal Republic of Germany so that planning was not then an issue. It took a memorandum from the Commission of the European Economic Community and the initiatives of the OECD, i.e. international impulses and developments, to bring about a fundamental change in attitudes towards planning. As a consequence, after 1960 an important structural change in the political and administrative system took place, which soon affected the educational sector as well. 'Planning' became a new policy approach which was expected to increase the rationality of decision-making in complex situations. In the course of this development, educational administration changed from an 'executive' to a'planning' function, involving a significant extension of its traditional scope of action. Technically this generally occurred by reorganising the Ministries of Education of the Lander and establishing planning departments. A similar development took place at the level of the responsible bodies (towns, districts). At the federal level, planning efforts centred at first upon the two main areas of 'cross-sectional planning': regional development and medium-term fiscal planning, which were given a legal basis by the Regional Development Law (1965) and the Law for the Promotion of the Stability and Growth of the Economy (1967). In 1964 a national educational plan was demanded in the Lower House of Parliament (Bundestag); but the Federation could not take the initiative in educational planning because it lacked the necessary powers (apart from research promotion and financial participation in university construction, under its jurisdiction since 1964). This changed five years later: following the international trend towards 'co-operative federalism', rights in educational planning were granted to the Federation through an amendment of the Basic Law in 1969 [1]. In the 1960s, planning in the educational sector took place at the level of the individual state (Land). Exchange of information among the Lander and co-ordination of their policies was (and still is) the task of the Standing Conference of Ministers of Education (KMK). This was deemed sufficient to secure the necessary uniformity of education in the Federal Republic. The shortcomings of this 'self-coordination' of educational planning became an issue of debate in educational policy in the 1960s. The insights arising from this debate were responsible both for the establishment of the Science Council (Wissenschaftsrat) and the German Education Council (Deutscher Bildungsrat) and for the decision to extend the competence of the Federation in educational planning by changing the Constitution. Article 91b states

Northanger Abbey is conspicuous in the Austen canon in that its genesis is problematical, its publication history checkered. On the cumulative evidence of Cassandra's memorandum, the "Advertisement by the Authoress" prefixed to the 1818 edition, and strategic references contained in correspondence, two salutary facts can be deduced: that Jane Austen was actively writing Northanger Abbey in 1798-99 and that in 1803, 1809, and 1816 the unpublished novel was subjected to renewed attention and unspecified revisions.' It is the extent to which the text was amended at the separate dates noted that has engaged critical opinion. Marvin Mudrick and A. Walton Litz allow circumscribed revision no later than 1803,2 Q.D. Leavis and Darrel Mansell extrapolate 1809 as the likely date,3 while Mary Lascelles, Yasmine Gooneratne, and B.C. Southam recognize the possibility of substantial alterations in 1816.4 In his recent statistical analysis J.F. Burrows challenges the plausibility of wide-ranging, late revision, his dissension perpetuating the incertitude attached to the status of Northanger Abbey.5 During the course of debate, the novel's transitional elements have been well documented: a fundamental incongruity devolves around the uneasy coexistence of the novel's two sections: self-contained Gothic burlesque is grafted unceremoniously upon sentimental comedy of manners, the anomalous characterization of General Tilney throws into contrast the cast of rigidly functional twodimensional characters, Jane Austen's tentative handling of Henry Tilney counters the adroit deployment of Catherine Morland, the relatively immature narrative point of view is compensated by the stylistic polish, the consistency and assurance of the comic tone. Throughout, a miscellany of apprentice and virtuosic effects

For observers of U.S. policy toward Africa, this has been the fall of the "Nissem."Newspaper and magazine articles by Tad Szulc and Jack Anderson, based on the text of National Security Study Memorandum 39 of 1969 (NSSM 39), have popularized an alleged Nixon " tilt " toward Southern Africa's white regimes, stemming from a preference for protection of U.S. economic interests over ideals of democracy and decency. The State Department, embarrassed and flustered by the leak of another secret document, has tried to downplay its significance (calling it merely a preliminary study), and has disclaimed any change in policy.

SINCE THE DAYS of Bishop Stubbs, historians of the medieval English parliament and of the fifteenth century have lamented the serious lacunae which exist among the surviving sources for the study of this central institution of government and for the exploration of this muchmisunderstood period. Consequently, the crumbs of evidence which have been located-albeit sometimes in the shape of later copies or transcripts -have been subjected to ultramicroscopic analysis and minutely detailed interpretation. This has certainly been the fate of those fragmentary materials relating to the parliament of 1449 which (aside from the formal parliament roll) have been publicized recently by several historians. These materials consist of (1) a list of members-both lords and commons-of the parliament whose first session opened at Westminster on February 12, 1449; (2) a memorandum of lords' attendance at the same session on March 20, 21, and 24, 1449, along with a report of an exchange of views among the lords on March 20; and (3) a list of lords thought to have been present at the third session of this parliament, held at Winchester between June 16 and July 16, 1449, together with a report of another exchange of views between some of the lords.' These documents survive today as copies of the originals (or as copies of copies of the originals) written in the sixteenth or seventeenth century; but it is remarkable that of all Henry VI's parliaments, it is the assembly of 1449 alone to which all the surviving documents refer. This is undeni

In December 1973 the Financial Accounting Standards Board (FASB) released a Discussion Memorandum on alternative accounting and reporting practices for R&D costs. This was followed by a public hearing in March 1974, the issuance of an Exposure Draft (ED) in June 1974, the receipt of letters evaluating the ED, and finally the publication of Statement No. 2, Accounting for Research and Development Costs, in October 1974, effective for annual reports issued after January 1, 1975. In October 1975 the Securities and Exchange Commission (SEC) accepted FASB Statement No. 2 in Accounting Series Release No. 178 which applied to all financial statements filed with the SEC. Both regulations required that all research and development (R&D) costs be charged to expense when incurred.'

Committee of the Society reviews the matter from time to time and this memorandum is the result. It outlines the changing trends in career outlets, the attitudes of mind resulting from a training in geography, and then gives details of the current range of careers for which the training and knowledge acquired during a university course in geography are known to be of value. Before the Second World War, most of the then limited number of graduates in geography were absorbed by the teaching profession as schools increasingly included geography in their curriculum. Immediately after the War local and national planning departments were created as a result of the Town and Country Planning Act of 1947, and the greater numbers of geography graduates ofthe 1950s and the early 1960s were largely shared by the teaching and planning professions. The late 1960s and the 1970s, however, witnessed an increased interest in the environment and also heralded a new phase in which geography graduates penetrated into a wide range of professional posts in local and central government, industry, commerce, banking and accountancy: this coincided with a relative decline in the traditional outlets of teaching and planning as these professions became fully staffed. Currently, ofthe 2500 graduates in geography each year, little more that 20 per cent are likely to enter the educational world and only about 2 per cent that of planning. The remainder will disperse into a wide spectrum of posts in administration, business, commerce, industry and the environmental field. This great expansion in career outlets for geography graduates should give encouragement to the graduates ofthe 1980s confronted with the spectre of delayed employment. It is sometimes stated that the possession of a geography degree is irrelevant to many of the posts to which geographers have been appointed. Such critics overlook the fact that a geographical training and the adaptability acquired appeals to many employers who have become aware ofthe fact that graduates in geography, unlike those in many other disciplines, have had a training in each of the four basic communication skills: literacy, numeracy, articulacy and graphicacy. Essays, seminar work and projects build up an expertise in Literacy; laboratory work, statistical exercises and computer training underwrite an expertise in Numeracy; tutorials and field interviews with project presentation strengthen the skill of Articulacy; whilst unique to geography is the whole range of visual-spatial data presentation and analysis represented by maps, graphs, charts, diagrams and computer graphics collectively expressed by the term Graphicacy. All these skills can be employed over a very diverse field ranging from environmental, market and operational research to hospital administration, housing management, mapping, survey, landscape architecture and the tourist industry, to name but a few possibilities.

Foreword / Fred Warner Neal xi Acknowledgments xxi 1. Introduction: U. S.-Soviet Relations-A Functionalist Inquiry / Nish Jamgotch Jr. 1 2. Crisis Communications and the Hot Line / Nish Jamgotch Jr. 8 3. U.S.-Soviet Trade: A Sector of Mutual Benefit? / Gary K. Bertsch 22 4. The Political Web of Scientific Cooperation between the U.S.A. and the USSR / Linda L. Lubrano 50 5. The Interdependence of Agricultural Trade / Roy D. Laird and Ronald A. Francisco 83 6. American-Soviet Cooperation on Environmental Protection and Conservation / Donald R. Kelley 102 7. Soviet-U. S. Cooperation in Space and Medicine: An Analysis of the Detente Experience / David D. Finley 127 8. Conclusions: Which Way Ahead? / Nish Jamgotch Jr. 152 Spheres of Mutual Interest: A Soviet Point of View / Pavel T. Podlesny 173 Long-term Trends in U.S.-Soviet Relations / Richard E. Coombs Jr. 176 Appendixes: Agreements and Documents 181 A. Memorandum of Understanding between the U. S. A. and USSR Regarding the Establishment of a Direct Communications Link 183 B. Senate Amendment to Guard against Miscalculation and Accidental Nuclear War 190 C. Agreement between the Government of the U. S. A. and the Government of the USSR Regarding Trade 191 D. Agreement between the Government of the U. S. A. and the Government of the USSR Regarding Settlement of Lend Lease, Reciprocal Aid, and Claims 198 E. Chronology of U. S.-USSR Trade, 1971-84 201 F. Agreement on Scientific Exchange and Cooperation between the National Academy of Sciences of the U. S. A. and the Academy of Sciences of the USSR in 1979 and 1980 209 G. Agreement between the Government of the U. S. A. and the Government of the USSR on Cooperation in the Fields of Science and Technology 214 H. Agreement between the Government of the U. S. A. and the Government of the USSR on Cooperation in the Field of Agriculture 217 I. Agreement on Cooperation in the Field of Environmental Protection between the U. S. A. and the USSR 221 J. Agreement between the U. S. A. and the USSR Concerning Cooperation in the Exploration and Use of Outer Space for Peaceful Purposes 224 K. Agreement between the Government of the U. S. A. and the Government of the USSR on Cooperation in the Field of Medical Science and Public Health 226 L. Memorandum of the Sixth Session of the U. S.-USSR Joint Committee for Health Cooperation 229 Notes 233 Index 247 Contributors 253

The Memorandum by the Czech dramatist Vaclav Havel is a devastating satire on the power pressures of bureaucracy. The setting of the play is a middle management government office which is thrown into turmoil by a mysterious memorandum ordering the introduction of a totally unintelligible language as part of the office working procedure. As the source of the memorandum cannot be determined, its implementation cannot be prevented. Crisis follows upon crisis as we perceive the desperate attempts of the director of the office to trace the memorandum, to abide by its dictates, and ultimately to hold onto his job. All of his efforts fail, however. Ptydepe becomes a sacred text, interpreted by the few in order to manipulate the

This is a difficult and sometimes terrifying communique, and it comes from many sources. The President, the Office of Management and Budget, Congress, even governors and state legislators all ask for the identification of low priority programs: those that are outdated, are not achieving their objectives, or even those which have achieved their objectives and therefore are no longer required. A memorandum in response to such a request is presented here. The tact taken by the fictitious administrator of the equally fictitious Human Resources Department is: "How do I really know if my programs are low priority?" To many readers, it must seem that it is a little late for asking such a question. Certainly, administrators know their priority programs, don't they? Aren't priorities set in advance and isn't performance measured regularly? How else are programs designed and managed? Yet, as the memorandum will show, underlying what may sound like a naive and relatively simple-minded question are very complex issues with which administrators often are not able to grapple. Seldom has the ground work for a truly evaluative answer appropriately been laid. Intuition and political "sense" abound, but often in areas that could be the subject of a more definitive approach. Put differently, the question of low priority programs is a sensible one and deserving of better answers than simply a sense of the "politic." This article is couched in terms of a truthful, * The request to identify low priority programs is a very real one. It comes with regularity to administrators at all levels in government. This article is cast in the form of a hypothetical memorandum replying to an equally hypothetical request from the Federal Domestic Council, over the President's signature. In this case, the fictitious administrator has taken it upon himself to explain the problems he has with the request. Such a reply probably would be deemed unresponsive from an operational standpoint. However, the purpose of the memorandum is to give some insights into the problems of identifying low priority programs. As will become clear, such identification is not a short-run undertaking, but involves major changes, particularly in the way programs are designed, how their objectives are articulated, and how resources are spent on evaluation. The latter are generally too few and of too short a duration to get at the substance of the low priority issue.

The once-secret CIA document published for the first time below has multiple significance for scholars of American-Indonesian relations in the cold war period.1 First and foremost, this long memorandum offers a rare opportunity to gauge the substance and quality of policy analysis in the CIA's Deputy Directorate for Plans (henceforth DDP), whose Far East Division under Desmond Fitzgerald2 prepared it at the order of DDP Director Richard Bissell in mid-March 1961.3 Normally DDP does not produce papers which can be characterized as a mixture of intelligence estimate and policy implications, as Bissell describes the contents of the report in his cover memo. The DDP's formal responsibility within the CIA is exclusively for "clandestine services" of three main types: intelligence collection, counterintelligence and covert actions, involving a whole range of operations (or "dirty

This memorandum posits and critically analyzes several apologies, motivations, and principles contributing to Mexico's increasingly active foreign policy role in Central America. It sets out a series of explanations including those typified as socio-cultural, historical, and ideological, economic, political, and strategic/security. In each case, the author proposes the argument and then exposes it to analysis, featuring its strengths and weaknesses. The several categories define distinct and distinguishable parts of the larger foreign policy matrix and their proposition and elucidation contributes to an enriched understanding of the formulation and articulation of Mexican policy in Central America. In this effort, the author is not concerned essentially with the substance of Mexico's Central American policy, but rather with the motivations and principles informing the policy (or policies) and the apologies devised to explain Mexico's activities in the region. (Author)

11. Letter, G.Elliot-Smith to Edwin Embree (former Secretary, then Director of Division of Studies, RF), 12/1/26. File 401AD, University College, Anthropology, 1924, 1926-1927. RF, RAC. 12. Letter, Elliot-Smith to Embree, 3/14/27. File 401AD, University College, Anthropology, 19143, 1926-1927. RF, RAC. 13. See George W. Stocking, Jr., ed., Observers Observed: Essays on Ethnographic Fieldwork (Madison, Wisconsin: University of Wisconsin, 1983), and Ernest Gellner, 'Malinowski and the dialectic of past and present'. Times Literary Supplement, June 7, 1985. 14. B.Malinowski. Practical Anthropology. Africa, 1929, 2:22-38, p.22. 15. A.R. Radcliffe-Brown, 'Memorandum on Anthropological Research: 11/17/30. Transmitted with a letter, Radcliffe-Brown to Day, 11/11/30. Folder 25, 910 Programme and Policy Anthropology Cultural, 1931-1956. RF, 3, 910, 3, RACV. It is worth examining the Memorandum in some detail as this document is the earliest clear statement from RadcliffeBrown about his perspective. His views were influential inside the RF. 16. Radcliffe-Brown, 'Memorandum: pp.3-4. RadcliffeBrown's later protestation against being labelled as a functionalist does seem rather weak in light of this document. See A.R. Radcliffe-Brown, 'On Social Structure, Presidential Adress, Journal of the RoyalAnthropological Institute, 1940, 70:1-12; and A.R. Radcliffe-Brown, 'Functionalism: A Protes: American Anthropologist, 1949, 51: 320-323. 17. For example, Richard Thurnwald, Economics in Primitive Communities (London: Oxford University Press, 1932); C.G. Brown and A. McD. Hutt, Anthropology in Action (London: Oxford University Press, 1938); Monica Hunter, Reaction to Conquest: Effects of Contacts with Europeans on the Pondo of South Africa (London: Oxford University Press, 1936); I. Schapera, A Handbook of TswanalLaws and Custom (London: Oxford University Press 1938); and Audrew Richards, Land, Labour and Diet in Northern Rhodesia (London: Oxford University Press, 1939). The Institute cooperated with the Medical Research Council in a coordinated programme of nutritional research work in the Empire In addition to Richard's book, the IIALC also devoted a special edition of Africa to problems of nutrition. See Africa, 1936, IX, 2. 18. Lucy Mair, ed., Methods of Study of Culture Contact (Oxford University Press, 1938). 19. Audrey I. Richards. The Village Census in the Study of Culture Contact. Africa, 1935, 8:20-23, p.21.

S. T. Coleridge's 'The Rime of Ancient Mariner' was written against the background of the collapse of the poet's hopes for the improvement of mankind by political action, the ultimate failure of the French Revolution to distinguish itself from its oppressive Bourbon predecessors. The contribution of Coleridge's political beliefs to this poem has never been fully appreciated. Certainly 'The Ancient Mariner' has none of the political allusions which stud the contemporaneous 'France: an Ode' or 'Fears in Solitude' and this has led most critics to concur with E. M. W. Tillyard that the poem exhibits 'a total lack of politics'.' Yet given the circumstances which gave rise to 'The Ancient Mariner', this very absence of political content is itself political. As Carl Woodring puts it, if Coleridge's supernatural poems are poems of escape, 'politics form a large part of what they escaped from'.2 The importance of the French Revolution to 'The Ancient Mariner' can be seen in Coleridge's obsession with that other poet and disillusioned supporter of revolution, John Milton. During 1795-96 he fills the Gutch memorandum notebook with allusions and references to Toland's edition of Milton's prose works of 1698.3 Coleridge had Milton's career very much in mind when writing 'The Ancient Mariner'. Like himself, the poet of Paradise Lost had witnessed the complete wreck of his own hopes for a regenerated nation. In March 1819 Coleridge delivered a lecture on Milton and Paradise Lost which tells us a great deal about his own state of mind. Milton was: '. as every truly great poet has ever been, a good man; but finding it impossible to realize his own aspirations, either in religion or politics, or society, he gave up his heart to the living spirit and light within him, and avenged himself on the world by enriching it with this record of his own transcendent ideal'.4 Although ultimately Coleridge hoped that his own vengeance would be

On November 16, 1987, a panel of the United States Court of Appeals for the Eleventh Circuit, per curiam, handed down a thirteen page, unpublished opinion in a case entitled United States v. Ofshe.' The decision was remarkable in several respects, but principally in that it expressly invited the indictment of a former Assistant United States Attorney for the crime of obstruction of justice based entirely upon conduct clearly undertaken in the interests of law enforcement and with the approval of the Department of Justice. The case in question came on the heels of an earlier decision of the same name2 that refused to dismiss drug charges against the defendant. Ofshe had alleged that he was denied sixth amendment rights to the loyal assistance of counsel because his lawyer had served as a covert government informer during the pendency of the indictment against Ofshe. The Court of Appeals held that Ofshe had not suffered "demonstrable . . . prejudice" nor was the government's conduct "sufficiently outrageous" to offend due process. Nonetheless, the Court included in its opinion a footnote to the effect that the prosecutor and the lawyer had engaged in "reprehensible" conduct that might warrant disciplinary action.3 The prosecutor in question, Scott F. Turow, filed a motion in the Court of Appeals to amend the opinion by deleting the footnote. He argued that his ethical responsibilities were not at issue in that case and that public censure, with neither prior notice nor opportunity to be heard, violated his rights to due process. The motion was supported by a memorandum filed by the United States stating that the conduct in

LATE IN THE WINTER Of 1923'$, whenkind tlhoutglts betveen London and Paris were in short supply, Punch ran a cartoon by Bernard Partridge showing Marianne at a dance. Coyly eyeing John Buill, she muLsed: "It's true he treads on my toes now and then, but at any rate he won't let mne dowvn."' This comforting reflection illustrates the obvious fact that relations between peoples are a function of their perceptions of themselves and their own interests. The drama of their encounters lies in the inevitable collisions of these perceptions. It will be said that there are inany views held among a given people. Doubtless that is so, and yet something like a national consensus does emerge. Partridge's sternly benevolent John Buill sumllmarized one such consensus. Editors and Foreign Office clerks sougoht to puit it dowvn in words: the sense of satiety and, despite unemployment in those days, of prosperity at the center of a far-flung empire, happily detaclhed from the continental land mass. "XVe have got all that we want-perhaps more," ran a memorandum for Sir Austen Chamberlain. "Our sole object is to keep what we have and to live in peace." So evident did this seem, looking out on Whitehall or Horseguards Parade and St. James Park beyond, that charges of inconsistency or even of lack of a firm line in foreignl policy appeared laughable. The principle wvas so clear: "We keep our halnds free in order to throw our weight onto the scale on behalf of peace." Not because Great Britain was altruistic but becauise wvars and rumnors of wars "spell loss and harm to British commercial and financial interests."' Politicians proclaimed

(Springfield, Va.: National Technical Information Service, U.S. Department of Commerce, 1971); Evans Clinchy, New Towns, New Schools? A Memorandum on the State of the Art of Educational Planning for New Communities in the United States, Working Paper No. 1 (New York: Educational Facilities Laboratories, Inc., 1972); and Twentieth Century Fund Task Force on Governance of New Towns, New Towns: Laboratories for Democracy, background paper by Royce Hanson (New York: The Fund, 1971). 4. Empirical studies of new community residents include: John B. Lansing, Robert W. Marans, and Robert B. Zehner, Planned Residential Environments (Ann Arbor: Survey Research Center, Institute for Social Research, The University of Michigan, 1970); Herbert J. Gans, The Levittowners (New York: Pantheon Books, A Division of Random House, Inc., 1967); James A. Prestridge, Case Studies of Six Planned New Towns in the United States (Lexington, Ky.: Institute for Environmental Studies, University of Kentucky Research Foundation, 1973); and Carl Werthman, Jerry S. Mandel, and Ted Dienstfrey, Planning and the Purchase Decision: Why People Buy in Planned Communities (Berkeley: Institute of Urban and Regional Development, Center for Planning and Development Research, University of California, Berkeley, 1965). i l , a.: National Technical Information Ser5. New Communities Division, Community Resources Development Administration, U.S. Department of Housing and Urban Development, "Survey and Analysis of Large Developments and New Communities Completed or Under Construction in the United States Since 1947" (Washington, D.C.: The Department, February 1969). 6. Based on 1970 figures for active general practitioners, internists, pediatricians, obstetricians, and gynecologists, and estimated number of osteopaths, National Center for Health Statistics, U.S. Department of Health, Education, and Welfare, Health Resource Statistics, DHEW Publication No. (HSM) 72-1509 (Washington, D.C.: U.S. Government Printing Office, 1971). 7. For examples of this critique, see William Alonso and Chester McGuire, "Pluralistic New Towns," in Frontiers of Planned Unit Development: A Synthesis of Expert Opinion, Robert W. Burchell (ed.) (New Brunswick, N.J.: Center for Urban Policy Research, Rutgers University, 1973), pp. 251-262; and David R. Godschalk, "New Communities or Company Towns? An Analysis of Resident Participation in New Towns," in New Towns: Why-And For Whom?, Harvey S. Perloff and Neil C. Sandbert (eds.) (New York: Praeger Publishers, Inc., 1973), pp. 198-220.

* B.B.A., The City College of the City of New York, 1951; L.L.B., New York University School of Law, 1953. Member, New York Bar. The author is Chairman of the National Law Committee of the Anti-Defamation League of B'nai B'rith. He wishes to thank Julius J. Teller, Esq., and Stephen E. Tisman, Esq., for their helpful comments and assistance. 1. 416 U.S. 312 (1974). A total of twenty-six amici curiae briefs were filed with the United States Supreme Court in the DeFunis case. 2. Though the tendency today is to think in terms of equality of result for minorities rather than equality of opportunity, it was the latter concept that provided the moral foundation for concern about minority rights in the first place. 3. An issue beyond the scope of this article, but with a direct bearing upon the funding of programs to assist minority applicants and students, is the constitutionality of grants to private schools for "racially conscious" purposes. Traditionally, private schools have been held immune from the strictures of the fourteenth amendment and the civil rights statutes implementing it. See, e.g., Wahba v. New York University, 492 F.2d 96 (2d Cir.) cert. denied, 95 S. Ct. 135 (1974); Grafton v. Brooklyn Law School, 478 F.2d 1137 (2d Cir. 1973); Powe v. Miles, 407 F.2d 73 (2d Cir. 1968). Where an equal protection violation is alleged involving a claim of racial discrimination, however, a lesser showing may be required to establish state action. See Grafton v. Brooklyn Law School, supra at 1142; Powe v. Miles, supra at 82; Hammond v. University of Tampa, 344 F.2d 951 (5th Cir. 1965). See also Note, State Action: Theories For Applying Constitutional Restrictions to Private Activity, 74 COLUM. L. REV. 656, 657-58, 661 (1974). The financial crisis faced by most educational institutions has impelled the general acceptance of government funding, subjecting private schools to governmental regulation in the discrimination area. See, e.g., Civil Rights Act of 1964, Title VI, 42 U.S.C. ? 2000d (1970) ; U.S. Department of Health, Education and Welfare, Office for Civ. Rights, Higher Education Guidelines, Exec. Order No. 11246, 3 C.F.R. 418 (1972), and Memorandum to College and University Presidents, Dec. 12, 1974, CCH LAB. 1.. REP. [ 1647. Increasing dependence on public funds may also jeopardize the ability of the schools to escape findings that their actions are affected with state action. Compare Isaacs v. Board of Trustees of Temple University, 385 F. Supp. 473 (E.D. Pa. 1974), with Grossner v. Trustees of Columbia University, 287 F. Supp. 535 (S.D.N.Y. 1968). Similarly, a recent case has raised the possibility that racially conscious activities by private charitable foundations may constitute state action. See Jackson v. Statler Foundation, 496 F.2d 623 (2d Cir. 1974).

The idea behind this article is simple. It is to try and show, first, the reactions of an ordinary citizen when confronted by the majesty of the criminal law and, secondly, how we decided to run a major case of crucial public importance.1 The background to the Belgrano affair is, I hope, fairly well known by now.2 In this particular context all that I have space to mention is that during the early part of 1984 there were a series of long running battles within the Ministry of Defence about how to handle the two year long cover-up of the circumstances surrounding the sinking of the Argentinian warship General Belgrano by a British submarine in May 1982. In my capacity of Assistant Secretary, Head of Defence Secretariat 5, I had been asked by the then Secretary of State, Michael Heseltine, to prepare a 'Top Secret' account of what had really taken place. Because of its high security information and the sensitivity of what it revealed only six copies were made and it subsequently became known as the 'Crown Jewels'. After a great deal of argument, in which I had strongly advocated a new policy of greater openness, I was overruled and it was decided to continue with the cover-up. The crucial events came in July 1984 when the Foreign Affairs Committee of the House of Commons began an investigation into the events surrounding the sinking and the possible linkage with the Peruvian peace plan. The Committee asked for information which, if it had been provided by the Ministry of Defence, would have revealed the cover-up. Advice from another division within the Ministry recommended that the information should not be given to the Committee and that a misleading memorandum designed to head off the enquiry should be sent instead. After a great deal of thought I decided to send copies of two internal Ministry documents that revealed what had been going on and how the House of Commons had been consistently misled to Tam Dalyell M.P., the man who had led the campaign to unearth the truth. He, quite correctly, placed the documents before the Foreign Affairs Committee. The chairman of the Committee, Sir Anthony Kershaw, promptly returned the papers to Michael Heseltine, who then called in the Ministry of Defence police to investigate the leak. What happened when I was first interviewed by the police on 11 August 1984 became the subject of some controversy at the trial. I shall repeat what I told the jury when I was in the witness box under oath. I was told that the leak was not a matter for the Official Secrets Act and that if I were prepared to resign from the civil service that would be the end of