The Principle of the ‘Common’, Legal Pluralism and Decolonization in Latin America

Law and Critique - This paper aims to introduce, in the context of Latin America, the theoretical epistemic discussion regarding the theme of the ‘common’ as a political principle which...     

How staff attitude and support for inmate treatment and rehabilitation differs by job category: An evaluation of findings from Pennsylvania's Department of Corrections' employee training curriculum ‘Reinforcing Positive Behavior’

In July 2006, the Pennsylvania Department of Corrections began delivering a training session titled Reinforcing Positive Behavior to all new employees. The training educated staff about the department's philosophy on inmate treatment programming and about staff responsibilities for reinforcing treatment concepts. Findings from a survey administered immediately after the training revealed that treatment and clerical staff strongly agreed that how they treat inmates and how they behave in a correctional facility impacts inmate rehabilitation efforts, and that reinforcing positive behavior among inmates was a requirement of their profession. Also, treatment and clerical staff, more so than correctional officers, recognized that staff support of treatment programs impacted inmate rehabilitation outcomes and that staff actions and interactions with other staff and inmates can make a correctional facility a more positive place.     

Constitutional Legitimacy and Credible Commitments in the European Union

Abstract:  The idea that the European Union must not adopt a constitution is gaining ground in current legal research on European constitutionalism. The N-C (No Constitution) thesis is being forcefully defended, in particular, by authors in the 'contextual' or 'law in context' tradition. However, likewise using a 'contextual' methodology, in this article I argue that the N-C thesis is in many regards misplaced. In this work, I defend the idea that Europe must adopt a constitution for reasons of credibility. I also try to show the main pitfalls of the N-C thesis.     

International environmental agreements between developing countries only: learning from the Brazil–Uruguay case over the suspicion of acid rain

This article is about the process of negotiation and implementation of a bilateral environmental agreement between two developing countries. It analyzes the case of the Act of Jaguarão between Brazil and Uruguay on assessing the risk of transboundary air pollution by the President Medici (UTPM) coal-powered thermo-electrical facility in the Candiota region of southern Brazil. The article adds to the scarce literature on international environmental conflict resolution and negotiations between developing countries, especially in Latin America. First, it explains that even with the asymmetry of power between Brazil and Uruguay, negotiation was possible due to a series of factors, such as the interest of Brazilian environmental agencies in improving the monitoring of emissions from UTPM and the international scrutiny of Brazil prior to the upcoming Rio-92 Earth Summit. Both states obtained mutual gains from the agreement by developing ‘joint fact finding’ research and monitoring. Second, different from most of the mainstream literature, the research reveals that weaknesses in institutional agreements, such as a lack of sanctions or deadlines, were not an implementation impediment. In fact, the very weaknesses of the agreement actually enabled authorities in both countries to cooperate in the development of an acid rain monitoring program in the Candiota region, and as a result, to improve air monitoring capacities in both countries. Third, this research shows that the implementation process (1991–2003) produced different results and impacts: it helped to develop technical capacities of environmental agencies in both countries, increased the political power of Brazilian environmental agencies to control UTPM, and pushed for behavioral changes to enable UTPM to respond to the demands of both governments.     

Liberal Democracy and Neoliberalism: A Critical Juxtaposition

In this essay I argue that neoliberalism is both an economic and a political doctrine and that its historical trajectory, both conceptual and political, especially in the United States, is better understood in relation to its complex relationship of affinity with liberal democracy. The intersection between liberal democracy and neoliberalism is thus better apprehended from the perspective of the separation of the economic and the political in capitalism and the relative autonomy that it structurally grants to each field of power. Liberal democracy has provided a depoliticized framework that nurtures neoliberalism, while providing it with a cloak of legitimacy. Stated somewhat differently, the historical trajectory of liberal democracy, as a theory and as a practice of power, betrays an anti-democratic tendency that leads to depoliticization and has quelled the democratic politics that once gave credence to it, thus paving the way for the rise of neoliberalism.     

Microsatellite autosomal genotyping data in four indigenous populations from El Salvador

Fifteen microsatellite loci (D3S1358, TH01, D21S11, D18S51, PENTA E, D5S818, D13S317, D7S820, D16S539, CSF1PO, PENTA D, vWA, D8S1179, TPOX, and FGA) have been genotyped in four indigenous populations from El Salvador (Central America), namely, Conchagua, Izalco, Panchimalco, and San Alejo. Here we have obtained values for several indices of forensic interest for these population samples. Population differentiation test showed no significant statistical differences between these four populations, and an AMOVA test indicates that most of the genetic variation (approximately 100%) occurs within individuals. Population pairwise genetic comparisons with other population samples seem to indicate the existence of a major Native American component in the populations from El Salvador.