The End of Wilderness: Conflict and Defeat of Wilderness in the Grand Canyon

In the early 1970s, Grand Canyon National Park intended to designate its land to “Wilderness,” including the controversial Colorado River corridor. However, by the end of the 1970s the potential for Wilderness designation was off the table, and would never seriously return for genuine consideration. Using Schattschneider's model of conflict, we explain how the organization of this conflict privileges the “causal story” of Wilderness opponents, and therefore why the canyon is not designated. It is our contention that members of Congress will not stand forward to support Wilderness designations without simultaneously providing benefits for extractive land use because (1) congressional representatives are more penalized for supporting than opposing Wilderness designations, (2) Wilderness advocacy groups do not pressure congressional delegates as firmly as opposition groups, and (3) key local congressional members are not likely to see Wilderness as a salient issue worth the risk of negative exposure. If these findings hold, the implication is that we may have reached the end of significant Wilderness designations in highly visible areas, unless critical aspects in land use conflict change.     

'Tangential Relation' criterion clears way for infringement of amended patent claim under doctrine of equivalents

Prosecution history estoppel generally bars patent infringementunder the doctrine of equivalents when a claim is narrowed byamendment during examination, but the ‘tangential relation’criterion preserves that doctrine when the claim is narrowedin a manner unrelated to the particular equivalent which, itis alleged, infringes the patent.     

演进中的亚洲地区体系

东亚合作更多地表现为一种地区多边合作的过程。作为东亚的一个成员,和平发展的中国无疑是东亚区域合作最重要的动力源之一。从地缘上看,美国不属于东亚范畴。但基于历史原因和美国独特的地位,东亚合作进程又不可能排除美国的影响,甚至需要美国建设性的参与。因此,东亚合作一方面是一个内部一体化的过程,另一方面也涉及到一个对外部开放的问题。如何评估东亚合作进程中的中国的作用、美国对东亚合作进程的影响以及东亚合作背景下中美关系的前景等已经成为学界研究的一个热点。为此,中国国际关系学会、外交学院、美国乔治.华盛顿大学联合举办了“东亚地区合作与中美关系”国际研讨会(2005年11月),中美双方学者就此展开坦诚的对话交流。在会议讨论的基础上,我刊以笔谈形式整理刊发部分学者的观点,以飨读者。     

The Implied Duty of Mutual Trust and Confidence: An Emerging Overarching Principle?

There is an argument in academic circles that the implied dutyof mutual trust and confidence will evolve to form an all-embracingsuper-principle under which each of the more ‘traditional’implied duties will rest, including the employer’s impliedduty to exercise reasonable care for the welfare and well beingof the employee. The theme of this article is that, on balance,there is no evidence for the emergence of the implied duty ofmutual trust and confidence as a super-principle. If anything,the recent trends in the case law emphasise the distinctivenessof the employer’s duties to exercise reasonable care andtrust and confidence. The article’s aim was to demonstratethat both duties are separate, free-standing duties, sittingon an equal plane in terms of importance. To rationalise one,or all of the implied duties (i.e. the duty to exercise reasonablecare and/or all of the other ‘traditional duties’),as one of the means by which the super-principle of trust andconfidence is, or may be expressed, is to a large extent, aspirational.     

Indigenismo and the Avant‐garde: Jorge Sanjinés' Early Films and the National Project

Jorge Sanjinés' 1960s films Revolución and Ukamau challenge the class and ethnic hierarchies of Bolivian society by casting the proletarian and indigenous masses as revolutionary liberators. The new national imaginary they evoke is tightly bound to the experimental cinematic techniques they employ, since their rejection of rationalist, realist aesthetics signals a partial undermining of the linear time of the modern nation. Ukamau both recalls and resists previous Bolivian indigenismo, which sought to co‐opt the Indian into a national mestizo consciousness. Its exoticist portrayal of the Indian ultimately limits its political effectiveness, but textual and contextual analyses show subversive Indian agency leaking through.     

Multi-layered justice and security delivery in post-conflict and fragile states

This paper examines the value of an alternative approach to SSR policy, namely a multi-layered one in post-conflict and fragile state environments. It begins by arguing that there is a state-centric bias in current SSR policy and practice. This contradicts development principles of a ‘people-centred, locally owned’ approach in post-conflict and fragile state contexts. The SSR's state-centric approach rests upon two fallacies: that the post-conflict and fragile state is capable of delivering justice and security; and that it is the main actor in security and justice. The paper goes on to present the outline of a multi-layered strategy. This addresses the issue of who is actually providing justice and security in post-conflict and fragile states. The paper continues by describing the accountability mechanisms that could be pursued by SSR programmes in support of this approach. The conclusion is that the advantage of the multi-layered approach is that it is based not on the state's capacity, but on the quality and efficacy of the services received by the end user, regardless of who delivers that service.