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1 – 10 of 255This article begins by exploring the development of extraterritoriality in the United States. It notes the expansion of extraterritorial provisions within federal criminal…
Abstract
This article begins by exploring the development of extraterritoriality in the United States. It notes the expansion of extraterritorial provisions within federal criminal legislation and how these provisions permit prosecutors to proceed with criminal actions for conduct occurring outside this country. It also reflects on the use of an “objective territorial principle” by the judiciary, that permits criminal prosecutions whenever the conduct of the actor has a substantial effect in the United States. As an alternative to using “objective territoriality,” this article advocates for using a “defensive territoriality” approach. This article stresses the benefits of using a “defensive territoriality” approach to decide whether to prosecute an extraterritorial crime.
Drawing on the work of Hannah Arendt, this essay seeks to show (illegal) alienage in U.S. law in new lights. First, this essay demonstrates how the emergence of a positive law of…
Abstract
Drawing on the work of Hannah Arendt, this essay seeks to show (illegal) alienage in U.S. law in new lights. First, this essay demonstrates how the emergence of a positive law of citizenship, through which the U.S. Supreme Court affirmed the importance of citizenship for rights, is a relatively recent and historically contingent development in U.S. law. Second, this essay shows how the concept of “sovereignty” plays different roles in the U.S. positive law of citizenship and (illegal) alienage. This essay seeks also to evaluate the limits and possibilities of alternatives to “sovereignty” as grounds for the rights of noncitizens in the United States. And it seeks to make the point that the apolitical valences of “territoriality” and “social productivity” vis-à-vis “sovereignty” in U.S. law render illegal alienage in particular misleadingly outside the realm of the political. Ultimately, this essay seeks also to challenge understandings of “sovereignty” in political theory by integrating law and political theory, and to recast legal discourse on illegal alienage by turning attention to “sovereignty.”
Jane Webster, Graham Brown, David Zweig, Catherine E. Connelly, Susan Brodt and Sim Sitkin
This chapter discusses why employees keep their knowledge to themselves. Despite managers’ best efforts, many employees tend to hoard knowledge or are reluctant to share their…
Abstract
This chapter discusses why employees keep their knowledge to themselves. Despite managers’ best efforts, many employees tend to hoard knowledge or are reluctant to share their expertise with coworkers or managers. Although many firms have introduced specialized initiatives to encourage a broader dissemination of ideas and knowledge among organizational members, these initiatives often fail. This chapter provides reasons as to why this is so. Instead of focusing on why individuals might share their knowledge, however, we explain why individuals keep their knowledge to themselves. Multiple perspectives are offered, including social exchange, norms of secrecy, and territorial behaviors.
Virtually all of the literature of the MNC assumes that the modern or Westphalian international order of geographically defined sovereign states is the context in which…
Abstract
Virtually all of the literature of the MNC assumes that the modern or Westphalian international order of geographically defined sovereign states is the context in which international business takes place. I argue that we are in the midst of a deep-seated systemic transformation to a transnational or post-Westphalian world order characterized by a redefinition of space and geography, the fragmentation of political authority and a more diffuse distinction between public and private spheres. The emergence of a transnational order will have significant implications for the multinational firm in terms of the depth of its involvement in politics and how it formulates strategy. MNCs will both be subject to and a participant in governance, the latter in terms of hybrid public–private regimes. Strategy will have to be reformulated to incorporate a non-territorial context where firms function as actors in the international political process.
Toward the end of the 20th century, some work within political theory, of a kind that primarily foregrounds ethical considerations and another kind within political geography that…
Abstract
Toward the end of the 20th century, some work within political theory, of a kind that primarily foregrounds ethical considerations and another kind within political geography that links such ethical concerns to explication in terms of social space, territoriality and scale, has resuscitated the notion of contingent universality as an alternative to the either/or embrace or rejection of universality (and consequent denigration/celebration of particularity). As witnessed by the so-called spatial turn in many of the social and cultural sciences, this very circumstance, at least in the English-speaking world, has been one wellspring of current interdisciplinary interest in various geographical concepts and traditions. For political geographers, the idea of contingent universality arguably invites a fecund perspective from which to reflect upon a range of substantive and epistemological outcomes, which this essay will argue, are densely bound up in what, in short hand, is labeled globalization.
As political interfaces, national borders are subject to extensive surveillance and policing within the interstate system. But what happens when the state's gatekeepers emerge…
Abstract
As political interfaces, national borders are subject to extensive surveillance and policing within the interstate system. But what happens when the state's gatekeepers emerge from within the social body? How do such instances impact scholarly understandings of governance and surveillance? This chapter investigates these questions empirically, analyzing the Minuteman Project, a grassroots vigilante movement dedicated to directly policing the nation's borders. Situating the movement within the existing literature on “governmentality” and “community policing”, I analyze its history, ideology, practices and interactions with authorities, arguing that, despite their status as non-state actors, its members appropriate, enforce and extend many of the principles of governance and statecraft; whether, surveillance, policing, security or territoriality. Like community policing, the Minutemen highlight the pervasive and decentralized nature of government, social control and surveillance. In occupying and monitoring the border, the group serves as the state's “eyes and ears” without impinging upon its juridical or coercive capacities. However, in contrast to community policing, the Minutemen are not an instance of the state or police engaging or reaching down into the public, but represent a distinct segment of the public reaching up and aligning itself with the “arms” of the state.
Does the rise of foreign direct investment (FDI) in Central and Eastern Europe lead to supraterritoriality? The analysis of FDI flows between world investor countries and Central…
Abstract
Does the rise of foreign direct investment (FDI) in Central and Eastern Europe lead to supraterritoriality? The analysis of FDI flows between world investor countries and Central and East European (CEE) hosts between 1989 and 2000 shows that the majority of FDI flows into CEE in this period do not exemplify a trend of undifferentiated transcendence of post-communist borders. Rather, FDI flows continue to be based in territoriality and embedded in existing social relations between investor and host countries: migration and trade flows, historical ties, political alliances, and cultural affinities. Nevertheless, the rhetoric supporting the opening of post-communist countries to FDI is widespread and consistent with the neoliberal credo, which has acquired a supraterritorial character. Ultimately, we see that embeddedness and supraterritoriality co-exist but they manifest themselves for distinct FDI phenomena: the concrete economic practice and the economic rhetoric, respectively.
In this chapter, I use the term “biopolitics” to mean evolutionarily informed political science. Politics has been characterized as “Who gets what, when, and how” (Lasswell, 1936…
Abstract
In this chapter, I use the term “biopolitics” to mean evolutionarily informed political science. Politics has been characterized as “Who gets what, when, and how” (Lasswell, 1936), but rather than about material possessions, politics is understood to be about power, more specifically about collective power, especially differential group power competition, hierarchy and stratification in power distribution, and the universal struggle to enhance power, and to maintain or challenge/destroy this status quo. Politics “should be found in any system of nature in which conflicts of interest exist among cooperating organic units” (Johnson, 1995, p. 279). My main focus will be competitive intergroup relations in monkeys and apes, or as I (van der Dennen, 1995) called it “intergroup agonistic behavior” (IAB). I also briefly treat interindividual and intercoalitionary agonistic behavior when relevant.