The Precautionary Principle: A Thrill Ride on the Roller Coaster of Energy and Climate Law

The International Energy Agency has reported that, in 2007, fossil fuels were the source of 66% of global energy production, while the Intergovernmental Panel on Climate Change has found that 60% of all anthropogenic greenhouse gas emissions in 2004 were carbon dioxide emissions from the stationary energy sector. This article relies on recent case law in Australia to assess the extent to which the precautionary principle is a relevant consideration for development consent authorities determining applications for energy-generation facilities, including coal-fired power stations, coal mines, wind farms and uranium mines. What emerges is that there is really no certainty that the precautionary principle will be applied consistently by Australian courts to determine the legal responsibilities of decision makers assessing energy projects. In this sense, the precautionary principle has taken a thrill ride on the roller coaster of energy and climate law in Australia .     

The meaning of anger for Australian Indigenous offenders: the significance of context

The problem of overrepresentation of Indigenous offenders in Australian prisons highlights the need for effective tertiary intervention programs within correctional settings as a way of reducing Indigenous reincarceration. This study seeks to explore meanings of anger within an Indigenous context that might inform the development of more acceptable and potentially more effective rehabilitation programs. A methodology that acknowledges the importance of narrative, context, and culture was devised to explore how anger as an emotion is understood and experienced by a group of Indigenous men in a South Australian prison. Although some of the major themes reflected experiences of anger common to many offenders, it was evident that for these Indigenous men, anger was experienced within a broad social and political context that imbued the experience of anger with layers of culturally specific meaning. It is suggested that these layers of meaning constitute sufficient difference to warrant further exploration.     

Is it time for a progress report on violence against women in Ghana?

Ghana, like many African countries, continues to grapple with domestic violence issues. Ghana's 1992 Constitution mandates provisions that should eradicate the scourge of violence against women and children. In this paper, two main questions are asked. First, will the 1992 Constitution ultimately lead to victories over discrimination and violence against Ghanaian women? Second, has progress been made in eradicating violence against women in Ghana to date? In that regard, have governmental and non-governmental organizations supported Ghanaian women to arrive at relative stability, empowerment and freedom from violence? Progress thus far is encouraging. Presently, there are several holistic or organic approaches being used to combat domestic violence in Ghana. however, an epidemiological examination of custom and a psychosocial approach towards domestic violence may facilitate permanent meaningful solutions.     

Breaking up Is Hard to Do: The Dissolution of Judicial Supervision of Public Services

Public services in many states have been placed under federal court supervision. In our 1991 PAR article, we examined the implications of the federal judicial decisions in supervising the Kansas City Metropolitan School District for the "new triumviate" governing public services—public officials, legislators, and judges. In this article, we examine judicial decisions affecting the same school district a decade later to reveal the impact of judicial supervision on the school district and to discern the implications for policy termination. We find that, once begun, judicially mandated federal court supervision of public institutions is not readily terminated, even pursuant to the wishes of the United States Supreme Court.     

Testing Application of Geographical Information Systems,Forensic Geomorphology and Electrical Resistivity Tomography to Investigate Clandestine Grave Sites in Colombia,South America

Colombian forensic investigators required assistance locating clandestine burials of missing persons related to human right atrocities from 14 years ago. Geoscientific search methods were trialled, including a predictive spatial statistical model, using various input and database information, to select the most likely grave locations in difficult mountainous terrain. Groundwork using forensic geomorphology, near-surface geophysics (ERT) and subsequent probing identified suspect burial positions. One site was in mountainous terrain and the other in former school grounds, both difficult to access and in poor weather conditions. In the mountainous area, a negative resistivity anomaly area was identified and intrusively investigated, found to be a buried rock. In school grounds, after MESP and intelligence were used to identify a burial site, surface depressions were identified, and ERT datasets collected over the highest priority depression; intrusive investigations discovered a hand-dug pit containing animal bones. This approach is suggested for Latin American searches.     

Law and the Power of Feminism: How Marriage Lost its Power to Oppress Women

In Feminism and the Power of Law Carol Smart argued that feminists should use non-legal strategies rather than looking to law to bring about women??s liberation. This article seeks to demonstrate that, as far as marriage is concerned, she was right. Statistics and contemporary commentary show how marriage, once the ultimate and only acceptable status for women, has declined in social significance to such an extent that today it is a mere lifestyle choice. This is due to many factors, including the ??sexual revolution?? of the 1960s, improved education and job opportunities for women, and divorce law reform, but the catalyst for change was the feminist critique that called for the abandonment (rather than the reform) of the institution and made the unmarried state possible for women. I conclude that this loss of significance has been more beneficial to British women in terms of the possibility of ??liberation?? than appeals for legal change and recognition, and that we should continue to be wary of looking to law to solve women??s problems.