Rural-urban migration in Vietnam and China: gendered householding,production of space and the state

The transition from state socialism to market socialism in Vietnam and China has been characterized by unprecedented rural-urban migration. We argue that this migration is integral rather than incidental to the gendered reproduction of state and society. A review of the emerging literature on trans-local householding explores the process whereby the reflexive engagement of the state and the household remakes rural-urban differentiation in ways that are deeply gendered and classed. As such, state regulation and control of migrants are part of a process of reconfiguring state-society relations in which the production of space and the symbolic valuation of ruralness and urbanness have become a central trope.     

Awakening the Sleeping Giant in Greece and Portugal? Elites' and Voters' Attitudes towards EU Integration in Difficult Economic Times

This article explores the extent to which the economic crisis and political responses of the European Union (EU) to austerity policies have contributed to Euroscepticism in Greece and Portugal. We analyse attitudes towards the EU at both voter and elite levels using fresh and innovative data, and by comparing them with data from surveys conducted before the crisis we show assessments of austerity and the bailouts are feeding elite and voter Euroscepticism. In both countries there are signs of a crisis of representation with greater voter–elite incongruence in the representation of EU issues than before the bailout.     

DNA evidence in jury trials: the "CSI effect"

In Murdoch v The Queen (2007) 167 A Crim R 329, Hillier v The Queen (2007) 228 CLR 618 and Forbes v The Queen (2009) 167ACTR 1, Australian appellate courts considered the interpretation of DNA evidence and the possibility of secondary transfer of DNA samples and questions about the statistical calculations used to produce probabilities of DNA matches. Following the 2010 Victorian case of Farrah Jama, whose conviction for rape was quashed 16 months into his prison sentence after it was discovered that the incriminating DNA sample was contaminated, Mr FRH Vincent QC, in his report to the Victorian Attorney-General, was scathing of the conduct of the case and made a number of recommendations, all of which were immediately adopted by the Victorian Government. Following the release of the Vincent Report, Australia's Attorneys-General have established a working party to examine national standards for the use and collection of DNA evidence. The use and interpretation of DNA evidence in jury trials is considered and factors that improve jury understanding of DNA evidence are discussed.     

Alternatives to the constitution of Cádiz in New Spain: republicanism and the insurgent constitutional decree of Apatzingán (1814)

This article compares the Decreto Constitucional para la libertad de la América Mexicana, published in Apatzingán by the insurgents of New Spain in 1814, with the 1812 Constitution of Cádiz which established a constitutional monarchy in the Spanish Empire. It argues that the Decreto Constitucional cannot be understood as simply a product of Hispanic political thought and a reflection of the Cádiz text. Rather, it contends that the decree published in Apatzingán represents an alternative republican response to the dissolution of the Spanish monarchy. This alternate constitutional settlement drew on the debate of constitutional ideas that had taken place in New Spain since 1808 and was grounded in many of the same ideas as those present in the Pennsylvanian Constitution of 1776 and the first French republican constitutions of 1793 and 1795.     

Public Rewards and Innovation Policy: Lessons from the Eighteenth and Early Nineteenth Centuries

There has been renewed interest in recent years in using prizes and rewards to promote innovation. History has played a central role in public debates in the UK about the merits of such interventions, with the Longitude Prize 2014 being self‐consciously modelled on its eighteenth century precursor. Similarly, historical case studies have been used extensively in the scholarly literature in this area. However, it is striking that there has been little engagement with parliament's role generally in rewarding inventors in the eighteenth and early nineteenth centuries and how this formed part of a broader system of rewards. The article explores how this system operated and demonstrates that it formed an established part of the legal landscape for many decades. It considers the extent to which a more complete understanding of the historical use of prizes and rewards during the key period of Britain's industrialisation might inform current debates.     

Environmental Liabilities of Property Owners: Examples of Common Risks and Strategies to Anticipate and Avoid Them

Property owners are subject to potential environmental liability from a number of sources including strict statutory liability for remediation of contamination on their properties as well as liability for conditions within their buildings. These latent environmental risks are often exposed in the context of a transaction, redevelopment, or change of use. Commonly used due diligence protocols can avoid or mitigate many risks but owners need to be aware of the limitations and pitfalls of due diligence. In many circumstances, environmental insurance should also be considered as part of the overall environmental risk management strategy.     

Legal Empowerment of the Poor through Property Rights Reform: Tensions and Trade-offs of Land Registration and Titling in Sub-Saharan Africa

Abstract

Land registration and titling in Africa is often advocated as a pro-poor legal empowerment strategy. Advocates have put forth different visions of the substantive goals this is to achieve. Some see registration and titling as a way to protect smallholders’ rights of access to land. Others frame land registration as part of community-protection or ethno-justice agendas. Still others see legal empowerment in the market-enhancing commodification of property rights. This paper contrasts these different visions, showing that each entails tensions and trade-offs. The analysis helps explain why land law reforms aiming at legal empowerment may be controversial or divisive in African countries.