Territory,Jurisdiction, and Colonial Governance: ‘A Bill to Repeal the British Constitution’, 1856–60

Britain claimed full territorial sovereignty over New Zealand, even though substantive enforcement of its authority against Maori often faced significant challenges. Alarmed at the weakness of British governance in relation to Maori, Governor Thomas Gore Browne proposed a Native Offenders Bill. The Bill proposed giving the New Zealand Governor sweeping powers to ban ‘any communication’ or trade with any Maori within a specified district, or with a particular tribe. Such a ban would, it was claimed, ensure compliance with colonial law. However, the bill was twice rejected by the settler legislature (1856 and 1860), on both constitutional and practical grounds. The paper places the bill in its political and legal contexts, and examines some of the ways colonial administrators and politicians responded to the difference between the government's claim to extensive legal authority and its more limited substantive power.     

Exploring the implementation of solid waste recycling programs

This article explores the implementation of municipal solid waste recycling programs through comparisons of mandatory vs. voluntary programs and privatized vs. in-house programs. It also looks at whether or not the adoption of recycling service fees impact levels of participation. The linkage between the collection mechanism and recycling participation is a pertinent issue because local jurisdictions must respond to tougher state mandates and federal guidelines on environmental standards and waste stream reduction. Evidence presented here suggests that recycling studies should incorporate more characteristics of voluntary programs to better understand compliance variation and methods used to enhance effectiveness.     

Informal democratization: brokers,access to public services and democratic accountability in Indonesia and India

This article compares the role of brokers in mediating access to public services in India and Indonesia. Brokered state-citizen interaction is generally considered to be detrimental to democratic accountability and governance. Yet recent studies are emphasizing that brokers can also be empowering. Reconciling these contrasting assessments, I argue in this paper that the character of brokerage networks shapes the capacity of citizens to hold their politicians and bureaucrats to account. Employing over two years of ethnographic fieldwork in both India and Indonesia, I develop a comparative framework that compares brokerage networks in terms of their degree of fragmentation, institutionalization and levelling. In Indonesia the versatile and more state-centered nature of brokers networks plays into the hands of incumbents, while the fragmented and more levelled nature of India's brokerage networks strengthens democratic accountability. I use this comparison to advance the argument that the evolution of brokerage networks constitutes an important, yet little-noticed dimension of democratization processes. When citizens gain access to public services through networks that are fragmented, institutionalized and less marked by social hierarchies, politicians and bureaucrats face stronger pressures to perform.     

Human rights, ethical principles, and standards in forensic psychology

Human rights create a protective zone around persons and allow them the opportunity to further their valued personal projects without interference from others. This article considers the relationship between human rights and the general ethical principles and standards contained in the American Psychological Association's (APA's) code of ethics as applied to the forensic domain. First, it analyzes the concept of human rights, their structure, and their justification. Second, it briefly describes the APA's most recent code of ethics and the principles and standards that compose it. Third, it concludes by explicitly examining the relationship between the present human rights model and the APA's code, demonstrating how it is able to provide an additional ethical resource for forensic practitioners in their clinical work and so deepen their ethical sensibilities and decision making. Finally, the article presents a case study and discusses the human rights issues confronting practitioners inherent in such situations.     

Diesel fumes do kill: a case of fatal carbon monoxide poisoning directly attributed to diesel fuel exhaust with a 10-year retrospective case and literature review*

While it is known that diesel fuel combustion engines produce much lower concentrations of carbon monoxide (CO) than gasoline engines, these emissions could certainly generate lethal ambient concentrations given a sufficient amount of time in an enclosed space and under suitable environmental conditions. The authors report a case of CO poisoning which was initially referred for autopsy as a presumed natural death of a truck driver found in the secure cab of a running diesel tractor trailer truck. Completion of the preliminary investigation ascribed death to complications of ischemic heart disease (IHD), pending toxicological analysis that included quantification of CO. When the toxicology results showed lethal blood COHbg, the cause of death was re-certified as CO intoxication secondary to inhalation of (diesel) vehicular exhaust fumes. Because of the unique source of fatal CO intoxication in this case, the contributory IHD and the possible contaminants in the putrefied blood, a 10-year retrospective review was conducted on all nonfire related CO deaths autopsied (n = 94) at the Office of the Chief Medical Examiner in Louisville, KY from 1994 to 2003. For validation of the COHbg detection method used by the Kentucky Office of Forensic Toxicology (KYOFT), blood samples from these cases along with controls were submitted to three laboratories using various analytical methods yielding no statistically significant differences. Lastly, an extensive literature review produced no scientifically reported cases of fatal CO poisoning attributed to diesel fuel exhaust.     

Coordinated community response to family violence: the role of domestic violence service organizations

There is increasing awareness that domestic violence (DV) and child maltreatment often overlap and that there are significant negative consequences to women and children who are victims in the same families. The present study contains data from a participatory evaluation of a multisite national demonstration project on family violence (the Greenbook Initiative), funded jointly by the U.S. Departments of Health and Human Services and Justice. The goal of this initiative was to increase community capacity to assist dually victimized families. This article focuses on the DV service organizations in the demonstration with regard to collaborations with other agencies and work within the DV system to respond to dually victimized families. Findings suggest that DV agencies participated in leadership roles, cross-system collaborations, and cross-system trainings throughout the initiative. Within-agency practice changes were less apparent. Research and policy implications are discussed.     

The Echo of a Sentimental Jurisprudence

This article revisits what the poet Samuel Taylor Coleridge termed the ‘rage of metaphysics’, the grand intellectual engagement that defined the late eighteenth and early nineteenth century Enlightenment. It does so in order to retrieve an alternative jurisprudence, one that described itself as much in terms of sentiment as of sense. It is suggested that one of the most striking expressions of this jurisprudence can be found in Adam Smith's Theory of Moral Sentiments. This attempt to retrieve a sentimental jurisprudence chimes with a wider intellectual movement, headed by the likes of Richard Rorty and Martha Nussbaum, which seeks to reinvest a ‘new’ humanism in both domestic and trans-national legal and political order. It speaks more particularly to recent debates surrounding the nature of human and civil rights, and enjoys an added resonance in the context of recent attempts to fashion a jurisprudence of ‘reconciliation’ in South Africa and elsewhere. This revised version was published online in July 2006 with corrections to the Cover Date.     

Hemolysis and hyperkalemia complicate malignant hyperpyrexia during anesthetic death

A healthy, 15-year-old male received a thiopental, nitrous oxide, oxygen, enflurane anesthetic for appendectomy. Cardiac arrest, following succinylcholine administration, was associated with marked hyperkalemia (potassium levels 8.7 to 11.6 meq), hemolysis (hematocrit fall from 41.7 to 26.6%, plasma hemoglobin 27 mg/dL), and creatine phosphokinase (CPK) elevation (8900 units). Vigorous resuscitative therapy including dantrolene was unsuccessful. The diagnosis of malignant hyperthermia was made by the marked CPK elevation on blood samples drawn during resuscitation and analyzed by the Medical Examiner's Office.