To lease or not to lease? The leasing of indigenous statutory lands in Australia: lessons from Canada

In Australia, land rights legislation provides statutory schemes for the transfer of land to Indigenous peoples. The first significant land rights legislation was passed by the Australian Commonwealth government in 1976. This was the Aboriginal Land Rights (Northern Territory) Act (ALRA) 1976 (Cth). In 2006, the Australian Commonwealth government passed significant amendments to the ALRA. One of the key amendments introduced the leasing of Aboriginal ‘township lands’ held under that Act. It is these leasing amendments which are a focus of this article. A primary motivation behind the amendments was to decrease poverty in Indigenous communities and to allow for economic development on Aboriginal lands. This article critiques the township leasing scheme under the amended Act. It questions whether the new leasing arrangements are the most appropriate forms of leasing to achieve economic development on Aboriginal lands and to benefit the Aboriginal communities who hold these lands. In 2008, leasing amendments were passed to Queensland's statutory land scheme in the Aboriginal Land Act 1991 (Qld) and these amendments are subject to review in this article. Furthermore, the article examines alternative forms of leasing used for economic development on Indigenous reserve lands in Canada and whether there are lessons that Australia could learn from these tenures and their modes of leasing.     

Civil liability in the context of the Cartagena Protocol: to be or not to be (binding)?

As with most multilateral environmental negotiations, the on going negotiations for a liability and redress regime in the context of the Cartagena Protocol have proved difficult. While content issues, such as the standard of liability, the scope of the instrument, the nature of the damage and the burden of proof have dominated discussions, the question relating to the nature of the instrument has lurked quietly, but ominously, in the background. This issue came to a head at COP/MOP4 in Bonn - where the instrument was due to be adopted. This paper traces the development of the discussions on the nature of the instrument to be adopted. In particular it considers the slow rise to prominence of the administrative approach to liability at the expense of the civil liability system. This slow rise to prominence of the administrative approach leads to the adoption of a dual approach, meaning a binding instrument on the administrative approach and a nonbinding instrument on civil liability. The paper argues that the positions adopted by the various delegations on the nature of instrument illuminate the complexities of modern international environmental law making and may dispell some closely held beliefs about environmental law making, particularly as it relates to the role of the South.     

To Disclose or not to Disclose? That is the Question in Collaborative Law

Collaborative Law (CL) is a dispute resolution process increasingly used in family law and divorce designed to encourage problem solving negotiations by parties represented by counsel. Many states have adapted legislation to authorize and facilitate CL and thousands of lawyers have been trained in the CL process. CL lawyers and participants sign a Participation Agreement in which they agree that the lawyers will be disqualified if the CL process terminates without settlement. They also promise full and voluntary disclosure of information. The extent of the obligation of disclosure is, however, unclear. Through analysis of an extended hypothetical divorce settlement negotiation, this article advocates that CL lawyers and clients should assume an obligation to disclose material facts without a request from the other side. Traditional legal ethics, based on an adversarial framework, requires only disclosure of information when requested by another party. In addition, in traditional legal ethics, a lawyer cannot disclose information obtained in the course of the lawyer‐client relationship without the client's consent even if material to the negotiation. Some authority regulating CL, however, suggests that CL participants and counsel should disclose material information without a specific request even if a client does not want the information disclosed. In that situation, the CL lawyer should encourage the client to disclose the information but if the client refuses to do so, withdraw from the representation. This Article reviews the arguments for and against an obligation of affirmative disclosure in CL. It suggests that affirmative disclosure obligations should be the subject of discussion between CL participants and lawyers and that CL Participation Agreements should be drafted to establish a clear obligation. Finally, this article identifies key areas for further discussion and research on CL disclosure obligations.     

‘I'm a photographer,not a terrorist’: the use of photography to detect deception

When planning large-scale incidents or bombing campaigns, terrorists often conduct reconnaissance research to identify key targets. This may include taking photographs of potential target locations. Identifying an effective real-time method to distinguish between genuine photographers and those with more sinister intent may be beneficial for law enforcement and security agencies. Participants took photographs in a public place with a genuine intent (truth tellers) or sinister intent (liars). After taking these photographs, the participants were approached by an undercover interviewer (a mime artist) who asked them whether he could see the photographs. Later, the participants discussed their photographs in a formal interview. First, liars were less cooperative in their interaction with the undercover interviewer than truth tellers. Second, in the formal interview, liars mentioned some security features that appeared in the photographs more than truth tellers. The findings suggest that ‘using photographs to detect deception’ is a subject that could prove important to explore to benefit forensic and counter-terrorist practice.     

To fix or not to fix? How corruptors decide to fix football matches

This paper examines the decisions of the internal corruptors in fixing football games. The methodology is a mixture of interviews, database analysis and examination of a specific series of taped phone calls of a corrupt Russian football official. It finds that generally, this type of match-fixing occurs only after a specific point in the season. There are five implicit questions that corruptors must answer: is the game important enough to fix? Is it morally ethical? Can my team win honestly? Can I afford to fix the game? If I am caught is there a high risk of sanctions? The second section of the paper examines the question of who to bribe? The data indicate that out of the three possible options – referees, players and team officials – the best chance of delivering a successful fix are the team officials. The final section is an examination of the use trust, favour banks and guarantors among the team officials who are willing to sell matches.     

To execute or not to execute? Examining public support for capital punishment of sex offenders

In the 1990s, states enacted a plethora of new “get tough” laws targeting sex crime. These included extending the death penalty—a punishment typically reserved for murderers—to convicted sex offenders. Little attention, however, has been given to explaining why these tougher responses emerged and, in particular, whether the public supported extending the use of the death penalty to sex offenders. The goal of this paper was to examine whether public perceptions about executing sex offenders accorded with the punitive shift in policy and, more broadly, to contribute to scholarship on the death penalty. To this end, this paper examined data from a 1991 national public opinion poll, conducted just prior to the punitive shift in sex crime policies. The study found that views about executing sex offenders depended heavily on whether the victim was a child, that support for executing sex offenders was substantially lower than for executing murderers, and that few social and demographic divides differentially predicted support for executing sex offenders versus murderers. Implications of the study are discussed.     

To allot or not to allot public services? An incomplete contract approach

Using an incomplete contract framework, we analyze the consequences of allotment in public procurement. Allotment aims at dividing a public service into several lots that can be awarded to different operators. This increases the number of bidders during the competitive tendering, as well as it reduces the size of the service managed by each operator. We model the impacts of allotment both on price and quality of public services provided under public procurement. When the quality of services depends on non-contractible efforts made by the operators during the execution of the contract, our results show that (1) the operators have higher incentives to make non-contractible efforts when there is no allotment, and that (2) allotment does not maximize the joint payoffs of the public and private parties (i.e. the total surplus), but mainly benefits public authorities representing the users of the service.     

College students’ perceptions of police use of force: do suspect race and ethnicity matter?

Incidents of police use of force continue to draw a considerable amount of attention from both researchers and the public alike. The purpose of this research is to examine the relationship between suspect race and ethnicity and perceptions of police use of force among college students. Using a vignette research design with manipulated independent variables, this study seeks to answer the question: Do suspect race and ethnicity affect college students’ perceptions of police use of force? Three vignettes were developed regarding an incident in which an encounter between a suspect and a police officer resulted in the officer using force. College students were randomly assigned to one of the three vignettes and were asked to complete a questionnaire. Results indicate that although suspect race and ethnicity do not predict perceptions of police use of force among college students, there are significant respondent race and gender effects. Male and white respondents are significantly more likely to perceive police use of force as justified compared to female and non-white respondents. The policy implications of these findings for police-citizen interactions are discussed.     

Policing Outlawed Desire: ‘Homocriminality’ in Beat Spaces in Australia

Drawing on interview data of gay men who have had their behavior in public spaces scrutinised by agents of the law for signs deviance, this article explores the historical characteristics of police animosity towards such conduct in Australia. This entails examining encounters between police and gay men who pursue desire in ‘beat’ (or ‘cottage’ to the use the UK term) spaces. Exploring why these outlaw gay male subjects are so abject and troubling to the law, the discussion documents how law’s desire to regulate gay men plays out in the masquerade of ‘plain-clothes’ agent provocateur operations where police entrap gay men by mimicking gay bodily appearances, gestures and mannerisms. This article also examines how police regulation of gay desire functions as a form of violence that delimits expressions of same sex desire in public spaces. A key theme that underpins the analyses in this paper is that the policing of desire in ‘beat’ spaces helps produce qualities of illicitness and dangerousness and that this, in turn, fuels the circuit of desire at play between gay men and agents of the law.

Shoot to kill – understanding police use of force in combatting suicide terrorism

More than a year after the killing of an innocent man, Jean Charles de Menezes, wrongly suspected by the Metropolitan Police of being a suicide bomber, the authors consider police accountability in combating terrorism. The authors argue that traditional policing styles in the UK are based on notions of reasonableness, compromise and respect for the individuals’ rights. A central tenet of our consent to be policed is the considered and rare use by police of coercive force, which is premised on a continuum ranging from negotiation at one extreme to lethal consequences at the other. Combating suicide terrorism in the UK using developed policies like Operation Kratos means that police are restricted to shooting to kill. Although there is undoubtedly a consensus that combating terrorism requires a robust and overt response, the authors ask whether it is ever possible to achieve a balance between liberty, security, and police accountability when dealing with difficult terrorist incidents. Police accountability is assessed in the context of operational policy-making and how that impacts on specialist police forces engaged in anti-terrorist operations. The authors conclude that since the introduction of Operation Kratos the nature of policing, and also its structure, is changing from being covert, understated and reasonable, to a zero tolerance, military, overt and oppressive style. In other words, traditional reactive policing styles have given way to a proactive military approach. Military styles of policing with overt displays of force tend to overlook civil rights and make more mistakes. We must be able to trust our police, because a trustworthy police is one which acknowledges our civil rights.

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Assessing and managing risk for intimate partner violence: Police employees’ use of the Police Screening Tool for Violent Crimes in Scania

Relapse into intimate partner violence (IPV) can potentially be predicted and counter-measures applied. This study examines the predictive validity of a violence risk assessment tool: the Police Screening Tool for Violent Crimes (PST-VC) among a sample of 65 offenders. All PST-VC assessments regarding IPV that were conducted at the Scania police department in 2010 were included in the sample. Follow-up time was 16–28 months, and all reported incidents with the same victim and suspected offender were recorded. The PST-VC demonstrated limited effect in the ability to identify high-risk offenders and predict repeat victimization. Interventions against the offender and victim protective actions were more often recommended in high-risk cases but did not lower the number of IPV relapses. The study suggests that the PST-VC is not a promising instrument.     

‘Good soldiers are made,not born’⊥: the dangers of medicalizing ability in the military use of genetics

Advances in genetic and genomic science are of particular interest to the United States military. Responding to Maxwell J. Mehlman''s and Tracy Yeheng Li''s article Ethical, Legal, Social, and Policy Issues in the Use of Genomic Technology by the U.S. Military, this Commentary explores the social consequences of medicalizing what it means to be a good soldier. It begins by reviewing the well-documented consequences of medicalization in the contexts of the eugenics movement and modern genetic and genomic science. It then applies that analysis to the military use of genetics and genomics, focusing on the ways in which genetic or genomic accounts of military ability could entrench existing gender and racial disparities.     

‘Unhomely moments’: Civilising domestic worlds in colonial Australia

This article explores the multiple connections between the colonisation of Australia in the nineteenth century and the formation of domestic worlds as the site for ‘civilising’ children. The affective bonds of family were often regarded as an indispensable element in the nurture and training of children, but where the bonds of ‘natural affection’ seemed to pose an obstacle to the civilising project, they were ruthlessly severed.