‘Becoming a waste land where nothing can survive’: resisting state-corporate environmental crime in a ‘forgotten’ place

Environmental justice advocates have made visible the practice of disproportionately siting hazardous waste facilities in low-income communities of color throughout the USA. Typically, state-corporate actors decide where to place these environmentally undesirable projects, with an eye toward the bottom line rather than the health and safety of particular community members. Through an analysis of secondary data and archival materials, ranging from public hearings to court documents and newspaper accounts, a case study of state-corporate environmental crime and how one rural, historically African American town in Arizona organized to resist the siting of a fourth landfill in their community is explored. Theoretical concepts advanced by Ruth Wilson Gilmore, such as ‘forgotten places’, are put into conversation with the literature on state-corporate crime. An examination of the relationship between environmental inequality, state-corporate crime, and people’s capacity for resistance is presented.     

Toward Subnational Comparative Cultural Policy Analysis: The Case of Provincial Cultural Policy and Administration in Canada

Comparative policy analysis is an underdeveloped field of study in Canadian policy scholarship at the national and subnational levels. Cultural policy research is also underdeveloped in Canada, particularly at the provincial level. This article aims to contribute to the development of subnational comparative cultural policy analysis by assessing the analytical value of utilizing national-level cultural policy approaches as referents for provincial comparative analysis. We develop four main approaches to cultural policy and administration—the French, British, American, and hybrid (mixed) approaches—and explore their applicability to analyzing the origin and evolution of cultural policy and administration in five Canadian provinces. The article draws on a recently concluded three-year national study of provincial and territorial cultural policy and administration codirected by authors Gattinger and Saint-Pierre.     

The Canadian Legal Profession

This article seeks to weave together the limited information available on the legal professions of the Canadian provinces. Following the same general format as the other comparative studies in this series, it also offers several critical observations of special interest to readers in the United States, whose experience the Canadian bar so closely tracks. The phenomenon of stratification—familiar to American observers—is clearly visible in the Canadian legal profession. Combined with other centrifugal forces, it threatens the unity of a profession which, until recently, has managed to preserve a high degree of cohesion in training, ideology, and institutional structures. On the other hand, in certain respects, the Canadian experience seems to differ from that of the United States, especially in the strength and peculiar structure of publicly funded legal aid schemes, in the profession's continuing formal autonomy and relative immunity from public regulation, and in its long-lasting attachment to apprenticeship as a necessary stage in professional formation. These and other convergences and divergences between the two countries raise questions of general significance: To what extent do the similarities between Canada and the United States verify the assumption implicit in the theoretical literature (principally Abel, Freidson, and Larson) that there is an empirical referent for something called legal professionalism? And to what extent do the differences suggest that containing societies contribute distinctive characteristics to their legal professions, whose qualities are therefore highly contingent?     

The Impact of Legal Mobilization and Judicial Decisions: The Case of Official Minority-Language Education Policy in Canada for Francophones Outside Quebec

The article investigates the impact of legal mobilization and judicial decisions on official minority-language education (OMLE) policy in the Canadian provinces outside Quebec, using the "factor-oriented" and "dispute-centered" theories of judicial impact developed by U.S. scholars. The Canadian Supreme Court's decision in Mahé v. Alberta (1990), which broadly interpreted Section 23 of the Charter of Rights to include management and control of OMLE programs and schools, along with federal funding to the provinces to implement OMLE policy, are important to explaining OMLE policy change as predicted by the factor-oriented approach. The dispute-centered approach, on the other hand, helps us understand how the Charter of Rights and judicial decisions shaped the goals and discourse of Francophone groups in the policy process and, more instrumentally, provided opportunity structures that Francophone groups exploited effectively. The article concludes that both approaches to explaining judicial impact could be accommodated within an institutional model of judicial impact that construes institutions as state actors, as sets of rules, and as frameworks of meaning and interpretation. Such an approach would allow for the development of a more comparative model of judicial impact.     

Reflections: the challenge of biotechnology and public policy

Rapid developments in the area of biotechnology within the next decade are likely to have a significant impact on Canadian society. This article outlines the practical and ethical issues that will need to be addressed in the face of scientific advances, and contemplates the development of an appropriate policy framework in this regard. Surveying the approaches to policy development taken thus far, the author notes the underlying need for greater transparency and public participation. Rational and effective policies will only result from additional basic scientific data being made available to a more informed and engaged Canadian public.     

“美国模式”公共住房制度及其对我国的启示

公共住房建设及其管理政策作为美国政府公共事务管理方面的重要内容之一,已经走过了80多年的漫长发展历程.历经最初尝试、持续调整、发展完善三个重要阶段,美国的公共住房建设及其政策体系越来越成熟和完备.由此形成了所谓的“美国模式”.“美国模式”公共住房建设及其制度体系,主要得力于相关法案、财政政策、税收政策和管理政策等多方面的支持与保障,其在法律体系、制度建设、管理政策、市场运作、社会参与等方面的一些做法和成熟经验,对现阶段我国建立健全公共住房制度体系都有着重要的借鉴意义.     

Women and the dynamics of marriage, household status, and aging in victorian canada and the united states

This article compares the life course transitions and household statuses of Canadian and American women and men in late nineteenth-century Canada and the United States. Using a set of integrated census data from 1871 Canada and the United States in 1880, the article suggests that household status differences between the two nations centered on gender. Canadian and American men timed or experienced their own transitions into and out of marriage and household headship at similar ages and to a similar extent. Demographic and economic differences between Victorian Canada and the United States, however, produced distinctions in Canadian and American women's life course transitions and household status: for Canadian women, older ages at first marriage, and the prolongation of the duration of the status, spouse of the household head. For their part, American elderly women more frequently lived as single and widowed heads of households than did their Canadian counterparts.     

Women and the dynamics of marriage,household status,and aging in victorian canada and the united states

This article compares the life course transitions and household statuses of Canadian and American women and men in late nineteenth-century Canada and the United States. Using a set of integrated census data from 1871 Canada and the United States in 1880, the article suggests that household status differences between the two nations centered on gender. Canadian and American men timed or experienced their own transitions into and out of marriage and household headship at similar ages and to a similar extent. Demographic and economic differences between Victorian Canada and the United States, however, produced distinctions in Canadian and American women's life course transitions and household status: for Canadian women, older ages at first marriage, and the prolongation of the duration of the status, spouse of the household head. For their part, American elderly women more frequently lived as single and widowed heads of households than did their Canadian counterparts.     

INSTITUTIONAL INEFFECTIVENESS,ILLEGITIMACY, AND PUBLIC SUPPORT FOR VIGILANTISM IN LATIN AMERICA

Why do individuals or groups support vigilantism as a means of conflict resolution? Most researchers tend to agree that support for and participation in vigilantism occurs in “stateless locations,” that is, when formal justice institutions are weak or absent. Despite this general consensus, quantitative evidence of this relationship is limited to a handful of country‐specific studies that used only subjective survey‐based measures of institutional weakness. This study seeks to extend research on vigilantism by assessing the relationship between subjective and objective conditions of formal justice institutions and public support for vigilantism across 323 provinces in 18 Latin American countries by using the 2012 AmericasBarometer Survey. Specifically, this study uses multilevel logistic regression techniques to examine the variability of public support for lethal vigilantism within and across Latin American countries. When controlling for a wide range of potential confounds, the results show that the most robust predictors of support for violent vigilantism are subjective indicators of institutional illegitimacy, personal victimization, and punitive attitudes. Evidence also exists that objective insecurity, as measured by province‐level homicide rates, fosters public support for violent vigilantism in certain situations.     

The organization of organ procurement

The American organ procurement system has improved and matured in the last five years. At the same time, the basic challenges facing it have remained substantially the same because the moral and legal framework of the system has not changed. Success at organ procurement continues to depend on the voluntary cooperation of medical professionals and the families of potential organ donors. The generosity of the American public is so great that the primary challenge facing organ procurement agencies is obtaining cooperation from hospitals and medical professionals. This calls for a "marketing" orientation aimed at those hospitals and professionals who are most likely to treat potential donors. The last five years have seen a more general acceptance of this appreciation of the central task of organ procurement. As a result, the overall effectiveness of the system has improved, as measured by the number of organs procured on a per capita basis and by the number of multiorgan donors obtained. Much of this improvement can be attributed to the diffusion of organizational techniques and approaches, and this diffusion has been encouraged by the involvement of national organizations and public bodies in the organ procurement community. The system remains uneven in its effectiveness and further improvement is possible. It is also possible that the next general round of improvement will result from the application of businesslike information management and marketing techniques.     

The Process Matters: Fairness in Repository Siting For Nuclear Waste

Siting contested infrastructure such as repositories for nuclear waste very often faces strong local resistance. One major reason for this opposition may arise because siting processes do not appropriately consider fairness issues such as transparency, the availability of options, or the sufficient involvement of concerned and affected people. The aim of this study was to analyze people’s concerns related to justice in siting nuclear waste. Besides procedural aspects, both distributive justice and outcome valence are considered important and therefore the “total fairness model” by T?rnblom and Vermunt (Soc Justice Res 12:39–64, 1999) was used as a framework. In three quasi-experimental studies (N ₁ = 53; N ₂ = 56; N ₃ = 83) applying conjoint analysis, respondents ranked 11 vignettes with the three attributes procedural justice, distributional justice, and outcome valence. Each vignette represents a realistic scenario of a site selection process for the disposal of nuclear waste in Switzerland. All the three studies yield a consistent result: vignettes representing a situation with a fair process are top-ranked by respondents; situations with negative outcome valence are ranked lowest; distributive issues turned out to be of minor importance. We conclude that procedural fairness should be given more attention in any kind of contested infrastructure siting and that real-world examples like the one discussed here can inform justice research.     

Xenotransplantation: consent, public health and charter issues

There is a growing body of literature and commentary analyzing the ethical and public policy concerns associated with xenotransplantation. While this technology holds great promise to provide an almost limitless supply of organs for transplantation, there remains grave concern about possible public health ramifications. As a result, it has been recommended that patients who undergo xenotransplantations will need to agree, inter alia, to a lifetime of close health monitoring, participation in an international database and autopsy upon death. It has been suggested that this agreement would transform the nature of informed consent into a "binding contract." Though such draconian measures are understandable given the magnitude of the risks involved, would existing common law and legislation allow their implementation? This paper analyzes relevant Canadian consent and public health law in the context of the xenotransplantation. Canada is a country with a particularly rich body of informed consent jurisprudence--jurisprudence firmly rooted (rightly or not) in the ethical principle of autonomy. In this climate, many of the suggested monitoring strategies would find little support from Canadian law. Before xenotransplantations proceed, policy makers must be sensitive to the legal barriers which exist to the implementation [of] effective public health measures. Effective surveillance programs will require novel approaches to consent and the enactment of specific public health laws.     

YouTube时代的美国网络著作权问题新探

网络时代，美国的著作权问题也面临着许多前所未有的挑战和冲击。著作权人疲于花费大量时间和全钱来控制网络著作权侵权行为的发生，而用户生成内容的网络盛行，是否也应封用户上传到网站上的侵权内容负责？此类纲站在“安全港湾”的庇护下，著作权人如何才能捍卫自己的权益？著作权人的权益与社会公来的合理使用权之间的矛盾该如何平衡？笔者拟以案说法，探讨依法解决美国当今网络著作权问题的新途径。     

The Canadian Senate: Chamber of Sober Reflection or Loony Cousin Best Not Talked About

The Canadian Senate has been the object of much debate and scorn. An appointed body, the Senate has never successfully fulfilled its original purposes, namely to be a voice for regional and propertied interests. Its anti-democratic foundations have made the Senate easy prey for public cynicism, despite the fact that its appointed members are more reflective of the Canadian population than the elected members of House of Commons. There have been many attempts at Senate reform in the past quarter-century, none of which have been implemented. This article argues that most attempts at Senate reform have failed because they have been linked to larger constitutional reform packages. The best hope for change to the structure of the Senate lies in smaller, incremental moves that do not require amending the Canadian constitution.     

New Approaches to Technology Transfer from Publicly Funded Research

The conventional wisdom is that American universities transfer technologies more rapidly and more effectively than their European counterparts. While this appears to be true, it is important to note that there are substantial cultural, legal, and regulatory differences between the two regions, and even within Europe. We believe that European universities can enhance their effectiveness in technology transfer if this function is given more visibility and prestige, enhanced public support, and formal procedures are implemented to facilitate benchmarking. In this paper, we examine some of the differences in university technology transfer in Europe and the U.S., and discuss these new approaches, which have recently been fully supported by the European Commission.     

Brokering Access Beyond the Border and in the Wild: Comparing Freedom of Information Law and Policy in Canada and the United States

Contributing to literature on jurisdictional variation in freedom of information (FOI) law and policy, we draw from accounts of experiences of FOI requests submitted to police agencies in nine Canadian provinces and ten US states. We conceptualize these experiences using notions of “brokering access,” “law in the wild,” and “feral law.” Our findings demonstrate key differences in how public police agencies store, prepare, and disclose information at municipal and provincial/state levels in Canada and the US, meaning that FOI‐related feral lawyering in Canada and the United States differs and fluctuates because of the variation in the mode of contact with FOI coordinators, fee estimate practices, and procedures for and responsiveness to appeals. In conclusion, we discuss the implications of our findings for methodological and sociolegal literature about FOI requests and for provincial/state FOI policies in both countries.     

“公正补偿”与征收权的宪法限制

对土地和财产征收的公正补偿具有重要的理论与现实意义。从公共选择理论的视角讨论了美国联邦宪法规定征收必须给予“公正补偿”的理由 ,解释了美国法院通过判例确定“公正补偿”的计算标准 ,探讨了中国宪法修正案的补偿条款之解释。宪法修正案所要求的征收“补偿”必须是体现被征收财产市场公平价值的“公正补偿” ,且这项宪法要求必须在操作过程中获得立法与司法制度的适当保障。     

Dirty Businesses in Italy: A Case-study of Illegal Trafficking in Hazardous Waste

This article focuses on trafficking in hazardous and special waste in Italy during the past decade with particular attention to the role played by mafia groups and other legal and illegal actors. A number of examples of illegal management and trafficking of waste are analysed to show the techniques used and the kind of actors involved (traditional mafia-type organisations, corporate entities, legitimate enterprises and businessmen, local authorities and other official actors). It concludes that a number of factors have facilitated and/or enhanced the development and growth of the illegal waste trafficking business (such as the growing demand for clandestine and cheaper services in the sector, the low business ethic of some segments of Italian industry, the delay in implementing proper waste-management policies and legislation, and the low public awareness regarding the threat posed by eco-crimes).     

Death by compaction in a robotic dumpster

Robotic waste management automation systems are increasingly utilized around the globe as a user-friendly, ecological and hygienic alternative to waste disposal, simultaneously reducing the volume and frequency of waste collection. The present paper aims to report a case of death by compaction in an automated robotic waste management system and review relevant literature on compactor-related fatalities. The unusual fatal accident involved a 37-year-old male citizen who deliberately entered the robotic dumpster to retrieve his accidentally discarded medication. Upon entering the robotic chamber, the compaction system was automatically activated, although all safety measures were in full operation. This paper highlights the lack of standardized reporting on compactor-related mortality, which however is of importance both in terms of its social impact and public safety. These deaths occur rarely, in scattered areas of the globe, associated with various situations (e.g., occupational fatalities, homeless people, infanticide) and trash compactors of different types, technology, age, maintenance quality, warning signage and safety interlocks. In all previously reported fatalities, the technology involved was considerably older (as in conventional waste containers, garbage compaction trucks, chute-fed compactors in buildings, etc.). The case described in the present report is a rare event in both literature and international news coverage as it encompasses a fully automated technology intended for unsupervised, direct use by the public being located in public spaces where all citizens can interact with it. The aim of this report is to raise awareness and improve knowledge about safety parameters so that similar incidents can be avoided in the future.