Spatial Variations in Church Burnings: The Social Ecology of Victimized Communities in the South*

Abstract In recent years, church burnings in the South have attracted a great deal of attention. Many commentators have charged that they are a product of strained race relations throughout the South, and particularly of severe racial tensions in Southern rural areas. In this study we evaluate these claims. We begin by mapping the spatial coordinates of recorded church burnings from 1990 to 1997, and find that church arsons indeed are concentrated in the South. Church burnings, however, are a more urban phenomenon than popular media accounts would suggest. Our analysis then explores the influence of contextual factors (population and locale, racial composition and inequality, so‐cioeconomic conditions, local religious ecology, and patterns of reported crime) on church burnings in counties located in the study region. Logistic regression models confirm that church arsons are most likely to occur in small metropolitan statistical areas (MSAs) and non‐MSA counties containing a city of at least 10,000 residents. Church burnings also are especially likely in counties with a higher percentage of black residents, a larger number of churches relative to the rest of the state, and a higher arson rate. We conclude by discussing the implications of these findings for future research and public policy.     

A critical evaluation of the commodification thesis

A recurring theme across the social sciences is that non‐capitalist production is disappearing albeit slowly and unevenly, and is being replaced by a commodified economy in which goods and services are produced by capitalist firms for a profit under conditions of market exchange. In this paper, however, I evaluate critically this commodification thesis. Even in the heartland of commoditisation ‐ the advanced economies. Large economic spaces are identified where alternative economic relations and motives prevail. Rather than view them as leftovers of pre‐capitalist formations, this paper argues that they are the result of both the contradictions inherent in the structural shifts associated with the pursuit of commodification as well as the existence of‘cultures of resistance’, As such, they are viewed as 'spaces of hope’which highlight the demonstrable construction and practice of alternative social relations and logic's of work outside profit‐motivated market‐oriented exchange.     

Partial strikes under the railway labor act: The need for a doctrine of unprotected concerted activity

In light of use by airline unions of partial-strike tactics, such as concerted refusals to bid for overtime work and so-called ” CHAOS” tactics involving unannounced refusals to fly after passengers have been ticketed and are ready to board, the authors examine whether the Railway Labor Act (RLA) should be interpreted to permit employers to discipline employees for engaging in such tactics, or whether these are a protected form of economic pressure. Although in many respects bargaining duties and economic weapons under the RLA are read consonant with precedents under the National Labor Relations Act (NLRA) (which governs all industries other than rail and air transport), there are a few decisions suggesting that during the period when self-help may be resorted to, employees can engage in partial strike activities as long as they violate no court order but are subject to permanent replacement in limited circumstances. These decisions, the authors submit, fail to take account of Supreme Court decsions since the 1930s that some economic pressures by unions, such as slowdowns and sitins, may not violate the labor laws but nor are they protected by those laws so as to immunize partial strikers from employer discipline. These decisions are not based on unique features of the NLRA. Rather, they give recognition to the background assumptions of Congress that employers may act to protect their property interests as long as they do not run afoul of NLRA or RLA protections and that employees who engage in partial-strike activities are subject to employer discipline even where not strictly necessary to maintain operations. Moreover, these tactics skew the bargaining process by giving employees an essentially risk-free gambit to pressure their economic position through planned disruption of carrier operations. Professor Estreicher is also labor and employment counsel to O’Melveny & Myers, LLP. The views expressed herein are the authors’ and should not be attributed to any organization. Hannah Breshin and Tom Jerman of O’Melveny & Myers, assisted the authors with this article. We also thank Professor Herbert Northrup for his helpful comments.     

The European Democratic Deficit,the Market and the Public Space: A Classical Liberal Critique

This article argues that attempts to utilize a Habermasian conception of the public space as a remedy for the democratic deficit deemed to be inherent within the political institutions of the European Union (EU) are unlikely to prove successful. It is argued that the instrumental goal demanded of the public space is contrary to the communicative rationality intrinsic to the Habermasian model. Moreover, the Habermasian conception of the public space as an arena independent of both the market and the state is non-operational because a public space independent of the market is inconceivable. An alternative conceptualization of the public space, focusing on the role of the market as a communicative process, and an alternative remedy for the European democratic deficit, focusing on liberal representative democracy, are proposed.     

Can social systems be autopoietic? Assessing Luhmann's social theory

The theory of autopoiesis, that is systems that are self‐producing or self‐constructing, was originally developed to explain the particular nature of living as opposed to non‐living entities. It was subsequently enlarged to encompass cognition and language leading to what is known as second‐order cybernetics. However, as with earlier biological theories, many authors have tried to extend the domain of the theory to encompass social systems, the most notable being Luhmann. The purpose of this article is to consider critically the extent to which the theory of autopoiesis, as originally defined, can be applied to social systems ‐ that is, whether social systems are autopoietic. And, if it cannot, whether some weaker version might be appropriate.