Tribal law enforcement authority to enforce state laws

This paper summarizes the current status of the ability of tribal law enforcement officers to enforce state law in all states that have Indian country – defined in 18 U.S.C. § 1151 as any Indian reservation, dependent Indian communities, or Indian allotments – within their borders. It is important to understand the current status of those officers as their agencies look to improve public safety in their nations. First, for context, we provide a brief background on tribes and tribal law enforcement. Then, we present a summary of the legal jurisdictional challenges faced by tribal law enforcement. Finally, we analyze the current status of tribal law enforcement officers in each state and conclude with a summary and concluding remarks.     

The natural/neglected relationship: liberalism,identity and India–Australia relations

Recent commentary on India–Australia relations has defined the relationship as ‘natural’ and based on ‘shared values’ and ‘shared history’. The relationship has simultaneously been considered ‘neglected’. The paradoxical juxtaposition of a natural/neglected partnership is yet to be adequately explained. We consider the historical construction of liberalism in both states as a facet of state identity to argue that, far from creating a natural relationship, differing liberal identities have served to keep these two states apart. This is illustrated through case studies of divergent opinions over the Nuclear Non-Proliferation Treaty, Russia's 2014 annexation of Crimea and the rise of China.     

The Right Turn in India: Authoritarianism,Populism and Neoliberalisation

ABSTRACT

This article argues that the growth of authoritarian forms of politics in India should be seen in the context of a long-term crisis of the state as successive governments have been unable to establish legitimacy for the policies of neoliberalisation that have been pursued since the 1990s. These policies contributed to the fracturing of dominant modes of political incorporation. The previous Congress Party-led government’s mode of crisis management – which it dubbed, inclusive growth – failed to create new forms of political incorporation by addressing long-term structural problems in India’s political economy, such as jobless growth, and gave rise to new problems, such as large-scale corruption scandals. Subsequently, it increasingly developed what Nicos Poulantzas called, “authoritarian statist” tendencies to marginalise dissent within a framework of constitutional democracy. The current Bharatiya Janata Party-led government’s mode of crisis management builds on these authoritarian statist tendencies but has sought to build legitimacy for these tendencies and neoliberalisation through an appeal to authoritarian populism. This seeks to harness popular discontent against elite corruption with majoritarianism to create an antagonism between the “Hindu people” and a “corrupt elite” that panders to minorities.     

Student Drug Testing in the Context of Positive and Negative School Climates: Results from a National Survey

Positive school climates and student drug testing have been separately proposed as strategies to reduce student substance use in high schools. However, the effects of drug testing programs may depend on the favorability of school climates. This study examined the association between school drug testing programs and student substance use in schools with different climates. The analysis was based on a nationally representative sample of 943 high school students (48% female) ranging from 14 to 19 years of age (62% identifying as white, 18% Hispanic, 13% African American, and 7% in other categories). Results showed that both male and female students in schools with positive climates reported lower levels of personal substance use. Drug testing was associated with lower levels of personal substance use in positive school climates, but only for female students. There was no relationship between drug testing and male students’ substance use. The results are discussed in terms of the importance of considering school climates before implementing drug-testing programs in high schools.     

Peacebuilding think tanks,Indian foreign policy and the Kashmir conflict

Abstract

Foreign policy making in India is typically viewed as highly centralised and dominated by the Prime Minister’s Office and bureaucracy. Yet in 2004, the Congress-Party-led United Progressive Alliance government launched a Composite Dialogue with Pakistan which included a place for Indian think tanks in the Kashmir dispute. We suggest that as India liberalised its economy amidst domestic political upheaval, think tanks were given greater access to domestic and foreign funding and adopted new roles in foreign policy making. In the case of the Kashmir conflict, peacebuilding think tanks were encouraged by the government to engage in cross-border activities that would build constituencies for peace with Pakistan and promote economic cooperation as an incentive for peace. While the government aimed to depoliticise the conflict, these think tanks used this opportunity to draw attention to marginalised perspectives and issues. Peacebuilding think tanks nonetheless faced significant challenges in shaping the peace process because of structural constraints regarding access to resources and lack of autonomy to further their agendas. This reflected resistance within the state to depoliticising a conflict that has long been India’s central national security issue.     

Asia’s Conservative Moment: Understanding the Rise of the Right

ABSTRACT

Recent scholarship has identified a new era of post-democracy or democratic crisis in the West, characterised by the increasing resort to authoritarian measures and the erosion of mechanisms such as representative parties and unions that link citizens and social forces with the political process. Conservative political movements, right-wing governments and populism have also emerged in the democratic states of the Asia-Pacific. The existing literature, with its focus on the crisis of social democratic institutions and forms of representative politics, provides inadequate frameworks for explaining these trends in the region. This article suggests that a better way of understanding the emergence of these new forms of political regime in Asia is to locate the origins of democratic crises in processes of global capitalist transformation and political incorporation and disincorporation. The articles in this special issue show that previously dominant modes of incorporation are fracturing under the conditions of neo-liberal capitalist transformation. In the wake of this fracturing, political elites have struggled to created new forms of political incorporation. This has inadvertently resulted in the sharpening of the conditions that give rise to political crisis. The political responses to crises have predominantly been conservative and have led to attempts to restructure the state to limit dissent and electoral competition.     

Law, Finance, and Politics: The Case of India

The liberalization of India's economy since 1991 has brought with it considerable development of its financial markets and supporting legal institutions. An influential body of economic scholarship asserts that a country's "legal origin"—as a civilian or common law jurisdiction—plays an important part in determining the development of its investor protection regulations, and consequently its financial development. An alternative theory claims that the determinants of investor protection are political, rather than legal. We use the case of India to test these theories. We find little support for the idea that India's legal heritage as a common law country has been influential in speeding the path of regulatory reforms and financial development. Rather, we suggest there are complementarities between (1) India's relative success in services and software; (2) the relative strength of its financial markets for outside equity, as opposed to outside debt; and (3) the relative success of stock market regulation, as opposed to reforms of creditor rights. We conclude that political economy explanations have more traction in explaining the case of India than do theories based on "legal origins."