Deepwater Horizon: The Legal Fallout—The Framework for Liability,Fines, and Penalties for Oil Pollution

On April 20, 2010, an explosion occurred on the Deepwater Horizon offshore drilling unit resulting in the death of eleven workers, and subsequently a continuous and uncontrolled release of crude oil and natural gas from the wellhead for a total of eighty-six days. The Oil Pollution Act of 1990 (OPA) provides a comprehensive liability and compensation scheme by creating strict liability for the responsible party of a vessel or facility from which the oil was released subject to statutory limitations, and very limited applicable defenses. The owner of the Deepwater Horizon and the operator of the Macondo well were designated responsible parties under OPA subjecting them to liability for removal costs and damages. In addition, the Clean Water Act imposes civil and administrative fines on a per-day-per-barrel basis without limitation. Other federal statutes which are used to impose criminal liability are the Migratory Bird Treaty Act, the Endangered Species Act, and the River and Harbors Act of 1899.     

Diaspora, faith, and science: building a Mouride hospital in Senegal

This article examines a development initiative spearheaded by the members of a transnational diaspora – the creation of a medical hospital in the holy city of Touba in central Senegal. Although the construction of the hospital is decidedly a philanthropic project, H?pital Matlaboul Fawzaini is better understood as part of the larger place-making project of the Muridiyya and the pursuit of symbolic capital by a particular Mouride "dahira". The "dahira's" project illuminates important processes of forging global connections and transnational localities, and underscores the importance of understanding the complex motivations behind diaspora development. The hospital's history reveals the delicate negotiations between state actors and diaspora organizations, and the complexities of public–private partnerships for development. In a reversal of state withdrawal in the neo-liberal era, a diaspora association was able to wrest new financial commitments from the state by completing a large infrastructure project. Despite this success, we argue that these kinds of projects, which are by nature uneven and sporadic, reflect particular historical conjunctures and do not offer a panacea for the failure of state-led development.     

Equality and differentiation: Effects of group structure on allocations

Two studies using vignettes explore some conditions under which equity, equality, and need as allocation rules are taken into account by an outside allocator. Independent variables include information about success or failure of a work group, level of morale of the group, relative contributions of work group members, responsibility for outcome, and influence of one individual on others. Results suggest that differentiation based on both equity and need results from a focus on individual deserving while equality among status equals results from focus on group level factors. An interaction between outcome and contribution appears when group level factors are included; these effects also appear when there are two rather than only one target person differing from the rest of a group; an overreward effect depends on attributions of responsibility for outcome; and an influential member is seen as deserving even if a low contributor. No gender differences were found.     

Unconscious Bias Training: The ‘Silver Bullet’ for Gender Equity?

Western Governments concerned about the lack of gender equity in their workforces are increasingly seeking to address the negative effects of unconscious biases on employment decisions to counter the effects of hidden prejudices. Although unconscious bias has received limited attention in the human resource literature, social psychology literature has identified inadequacies with this practice, including that such training may entrench and normalise unconscious biases. We argue that the popularity of unconscious bias training invites agencies to view this practice as a ‘silver bullet’ to achieve gender equity, but that its effectiveness is likely to be limited unless accompanied by sustained interventions to address discrimination. Further, the impacts of unconscious bias training need to be rigorously evaluated to assess whether government resources are being effectively utilised. Consistent with international research, such an evaluation may reveal that unconscious bias training has unintended negative consequences, but that the training can be improved to reduce these consequences.     

Convention as Intention – The Institution in All of Us

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique -     

Physician-assisted suicide in Oregon: a medical perspective

This Article examines the Oregon Death with Dignity Act from a medical perspective. Drawing on case studies and information provided by doctors, families, and other care givers, it finds that seemingly reasonable safeguards for the care and protection of terminally ill patients written into the Oregon law are being circumvented. The problem lies primarily with the Oregon Public Health Division ("OPHD"), which is charged with monitoring the law. OPHD does not collect the information it would need to effectively monitor the law and in its actions and publications acts as the defender of the law rather than as the protector of the welfare of terminally ill patients. We make explicit suggestions for what OPHD would need to do to change that.