Australian Aboriginal Property Rights as Issues of Indigenous Sovereignty and Citizenship

Aboriginal Australians have traditionally enjoyed little protection from the law. The matter of land has been at the heart of white settler/Aboriginal relations since the nation was first founded. It is only recently that recognition has been given to the land rights of Australian indigenous people. This recognition was finally made at the property law level in 1992 through the High Court decision in Mabo v. Queensland (n. 2) ([1992] 175 CLR 1). The 1993 High Court decision in The Wik Peoples v. Queensland ([1996] 71 ALJR 173) reinforced that recognition. It did so through the principle that pastoral lessees' and native title holders' rights might co-exist except that, in the event of any inconsistency, the pastoralists' rights were to prevail, provided pastoral activity was being pursued. The most recent legal change is the parliamentary revision of the Native Title Act so that the Wik co-existence principle was put to rest, mainly through permitting the State governments to upgrade pastoral holdings to a form of freehold, thus immunising them from native title claims, and minimising the payment of compensation. In this paper we argue that the country must consider what has been lost in this about-turn from the recognition of native title to land in Mabo . We argue that the nation must consider the emphases in the Mabo judgments upon the significance of international law and the need for the common law not to be locked into a racist past. From that point, we contend for the need to recognise not only native title to land but what lies beyond that: indigenous political and human rights.     

Graffiti vandalism: Frequency and context differences between the sexes

This paper explores a popular yet highly destructive form of property crime — graffiti vandalism. The localities of such destruction selected for study were male and female restrooms. Three hundred and ninety-two cases were collected and analyzed. Prior research theorized the existence of a significant difference in the amount of graffiti produced between the sexes. (It was believed that males produce more graffiti than females). Analysis, however, revealed equal production of graffiti by males and females.Content differences between the sexes were hypothesized. The content categories included homosexual, heterosexual, nonsexual (humorous and political statements) and racial graffiti. The findings as they relate to content differences between the sexes are presented and discussed relative to sex-role socialization theory.     

Inheritance in Socio-Political Context: The Case for Reviving the Sociological Discourse of Inheritance Tax Law

The anti-'death tax' movement is the starting point for contemporary discussions of inheritance taxation. The political rhetoric surrounding calls for its repeal typically is met with analyses of the extent to which inheritance tax avoidance benefits the wealthy, and arguments that inheritance taxation is fair and 'targeted'. This article suggests that engagement by tax lawyers with sociological theories of economic inheritance has the potential to revive this discourse. A renewed approach to inheritance taxation is of immediate concern to supporters of inheritance taxation in the United Kingdom, who face considerable obstacles posed by the increasing use of United States anti-inheritance tax movement political rhetoric by politicians. Durkheim's consideration of the conjugal family and, more recently, Beckert's sociology of inheritance are submitted as analyses that, amongst others, have particular potential. Such engagement also has the potential to revive the interest of sociologists in inheritance taxation, memorably described by MacNamee and Miller as a 'sociological lacuna.'     

New identification criteria for the Chilean population: Estimation of sex and stature

In the analysis of human skeletal or otherwise unidentifiable remains the assessment of sex is an initial vital element when rendering a biological profile. As such other aspects of the biological profile are sex-specific (e.g. stature and age) and cannot be successfully determined without this preliminary assessment. In addition, the estimation of stature is an essential parameter of the biological profile, which is often used to confirm or exclude presumptive identifications.The purpose of this study is to present newly developed local identification criteria for the estimation of sex from the postcrania and stature for Chileans. Linear discriminant functions were derived for the humerus and femur. Sexing accuracies of 87%, 86%, and 82% were achieved. Furthermore, new univariate predictive stature equations are presented using a Bayesian approach for the humerus, femur and tibia.     

Judging Bias: Juror Confidence and Judicial Rulings on Challenges for Cause

The judge in a jury trial is charged with excusing prospective jurors who will not be impartial. To assess impartiality, prospective jurors are typically asked whether they can be fair. Using an experimental paradigm, we found that small changes in jurors' self‐reported confidence in their ability to be fair affected judges' decisions about bias but did not affect the judgments of either attorneys or jurors. We suggest why a judge's role and unique relationship with jurors is likely to foster a decision strategy based on reported juror confidence, and we discuss the implications of our analysis for current legal debates over jury selection practices. Unexpected patterns in our results also highlight the ways in which perceptions of impartiality are affected, in part, by the social characteristics of the observer.     

The reciprocal dynamics of organizing and sense‐making in the implementation of major public‐sector reforms

Abstract: Drawing on a longitudinal study from the early years of implementation of health‐care networks in Quebec, this article describes how public‐sector managers deal with complex challenges when both organizational structures and organizational strategies are radically transformed simultaneously. The new organizations studied had to completely re‐shuffle roles and responsibilities of their management teams while making sense of their new mandate of developing a population‐focused approach to health problems – all the time maintaining day‐to‐day operations. The four health‐care networks studied proceeded somewhat differently to meet these reciprocal challenges. The study reveals the importance of balancing organizing initiatives (focused on structures) with “sense‐making” initiatives (focused on strategies), of developing capacities for sense‐making through the creation of key “sense‐maker/sense‐giver” positions whose occupants are able to ensure that conceptual activities engage people working at different levels, even as organizational structures are in flux, and of mobilizing external constraints and influences as opportunities and resources in sense‐making and organizing. Sommaire : Se fondant sur une étude longitudinale des premières années de la mise en œuvre des réseaux de soins de santé au Québec, cet article décrit la manière dont les gestionnaires du secteur public font face à des défis complexes, alors que les structures et les stratégies organisationnelles sont radicalement transformées simultanément. Les nouveaux organismes étudiés ont dû complètement remanier les rôles et les responsabilités de leurs équipes de gestion et comprendre leur nouveau mandat d'élaborer une approche axée sur la population pour ce qui est des problèmes de santé, tout en maintenant leurs activités au jour le jour. Les quatre réseaux de soins de santéétudiés ont travailléà relever ces défis réciproques d'une manière assez différente. L'étude révèle l'importance de trouver un équilibre entre les initiatives consistant à organiser (axées sur les structures) et les initiatives consistant à interpréter les faits (axées sur les stratégies) ; de perfectionner les capacités à interpréter les faits grâce à la création de postes clés d'«interpréteurs de faits», dont les titulaires veilleraient à ce que des activités conceptuelles fassent intervenir les gens travaillant à différents niveaux même lorsque les structures organisationnelles fluctuent continuellement; et enfin de tirer parti des contraintes et influences externes comme autant d'occasions et de ressources pour interpréter et organiser les faits.