Tort, Insurance and Incoherence

Some commentators have doubted whether, as is generally believed, liability insurance has had a significant expansionary effect on the law of tort. This article contends that the common assumption is, indeed, correct, and the crucial influence of insurance is clearly seen in the recent cases of Vowles v Evans and Gwilliam v West Herts NHS Trust . Once this has been acknowledged, the consequent radical incoherence in the basis of tort law needs to be confronted. The argument here is that only through faithful adherence to principles of individual responsibility and corrective justice, inherent as these are within the structure of tort law, can we hope to preserve coherence in the law of tort.     

Political Culture, Political System Characteristics, and Public Policies Among the American States

Daniel Elazar's typology of political culture is updated forall states for 1980 using religious affiliation data. On average,the political culture indices do not vary much from simitarmeasures constructed for 1906–1936. The effects of politicalculture on state politics and policy are tested in two ways:(1) by calculating partial correlation coefficients for tendependent variables holding four environmental variables constant(affluence, industrialization, fertility, and liberal politicalideology), and (2) by estimating regression equations withintwo categories of political culture (individualistic and traditionalistic)to gauge the indirect or contextual effects of culture. Thepartial correlation analysis yields the expected outcome—moralisticstates have more interparty competition, higher voter turnout,more policy-relevant parties, and more liberal and innovativepolicies; traditionalistic states show the opposite result.The attempt to assess the contextual effects of political cultureproves less satisfactory. No such effects appear for about halfthe dependent variables, and the contextual effects that arefound correspond only in part to expectations.     

Manufacturing Black-on-Black Violence in Africa: A Decolonial Perspective on Mfecane and Afrophobia/Xenophobia in South Africa

The phenomenon of “black-on-black” violence among the people of Africa has, ever since the advent of modernity/coloniality, been articulated in such a way that it presents victims as perpetrators. Thus, from the Mfecane violence of the “pre-colonial” era to the xenophobic/Afrophobic violence of the “post-colonial” era in Africa, incidents of black-on-black violence have always attracted explanations that cast doubt on the humanity of the black subject, through the colonial strategy of inventing and inverting causation. This colonial strategy entails both mis-presenting the epochal history of coloniality by representing it in terms of rupture instead of continuity, as well as representing the indigenous African subject as inherently violent. I argue in this article that black-on-black violence is a product of coloniality—a racist global power structure that makes incidents of “non-revolutionary violence” among the oppressed black subject inevitable. Thus, I deploy the case of the Mfecane violence of the “pre-colonial” era in southern Africa, and the Afro-phobic attacks on foreign nationals in “post-apartheid” South Africa to unmask the longue durée of coloniality, and its role of manufacturing blackon-black violence among the black people of Africa.     

The limits and benefits of international mobility: an empirical examination of the biographies of Australian legal academics

ABSTRACT

Academics are becoming increasingly internationally mobile, and yet there is still limited research into the nature, outcomes and limits of academic mobility. This paper examines the biographies of over 700 academics employed within Australian law schools. It identifies legal academics who hold academics qualifications have been employed outside of Australia. Almost a quarter of legal academics in our sample hold a first degree outside of Australia, over a third hold a non-Australian post-graduate degree. While it could be expected that possessing international experience would broaden an academic’s cultural experiences, we also found that the internationally mobile academics have typically studied and worked previously within an elite international law school, and are now employed within an elite Australian law school. In addition, experiences of international mobility are not equally distributed, and male legal academics are significantly more likely to have international experience than female legal academics.     

Colonization of diatoms in and on porcine bone substrate and considerations of diatom ecology for forensic science

The presence of diatom algae in bone marrow has been used as forensic evidence of drowning for several decades; however, these studies are based on known or suspected recent drowning events. This study addresses the potential for diatoms to enter the bone marrow of skeletal remains, that is, de-fleshed long bones post-mortem. In laboratory and field experiments, bones were either inflicted with two access points by a cut and acid pitting or left intact. The bones were submerged in water for at least 1 week and up to 3 months. Samples of the bone surface and marrow were inspected for diatoms. The analysis considered the time required for diatoms to enter marrow and whether genus characteristics like size or mobility affect entry. The presence of an access point influenced diatom entry in that bones without an introduced access point had zero to one diatom present in the marrow, whereas a bone with an access point had >150 diatoms present in the marrow. The results of both laboratory and field phases suggest that diatoms will reliably colonize bone in as quickly as 1 week, establishing and maintaining communities for at least 3 months. However, the bone surface assemblages differ from the source community. Bone marrow displayed even more restrictive access to diatom colonization, resulting in communities dominated by small raphid diatoms. Based on these findings, we suggest some caveats on the use of diatoms as trace evidence in forensic science with recommendations for future avenues of research.     

The blood feud in Waziristan

Water puppetry has become an iconic representation of Vietnam, and Hanoi's Th?ng Long Water Puppet Theatre is flourishing as part of the international tourist package. This article documents the radical modification in this theatre's performance themes in 2013 – from traditional to explicitly ethnicised – and subsequent reversion the following year. In exploring the possible role of state propaganda in these changes, and the government's mechanisms of influence over water puppetry, the politics of representation within Vietnam's art and performance sector are exposed.