The quest for accountability in Newfoundland and Labrador

Abstract: This article examines the meaning of accountability in the Government of Newfoundland and Labrador from both a substantive and a procedural perspective; the three distinct eras in the province's political administration history; the stages in the statutory evolution of the comptroller and auditor function; the province's experience in the Confederation era with the concept of democratic accountability; and the prospects for the future of accountability. The author reveals that the auditor's department or office went for most of a century with little in the way of institutional independence. Government has been hostile to both the extension of the accoutrements of legislative accountability in general and to the notion of increasing the powers of the auditor. What limited independence was mustered and the few challenges raised towards the government of the day were as a result of the professional ethics of Newfoundland auditors, the aid of other federal and provincial auditors, and the spirit of the age. Even in the modem day, Newfoundland has plenty more leeway for reform. The article presents four scenarios of alternative futures for accountability and the auditor general function in the province. One features no change, and the other three contemplate the victories of the independence lobby, the managerialist lobby, and the democratic lobby. Sommaire: Cet article examine la signification de l'imputabilité du gouvernement dc Terre‐Neuve et du Labrador simultanément selon une perspective de fond et une perspective procédurale, les trois périodes distinctes de l'histoire de l'administration politique de cette province, les étapes de l'évolution statutaire de la fonction de contrôleur et de vérificateur l'expérience de la province à 1'époque de la Confédération en ce qui conceme le concept d'imputabilité démocratique et les perspectives d'avenir de l'imputabilité. Les auteurs relèvent que le service ou le Bureau du Vérificateur a pendant près d'un siècle très peu connu d'indépendance institutionnelle. Le gouvemement a été hostile à l'extension de l'imputabilité législative en général, tout autant qu'à accroître les pouvoirs du Vérificateur. L'indépendance limitée et les rares défis soumis au gouvernement du jour ont résulté de l'éthique professionnelle des vérificateurs de Terre‐Neuve, de l'assistance d'autres vérificateurs fédéraux et provinciaux et de l'esprit de l'époque. Même en ces temps modernes, Terre‐Neuve a beaucoup plus de marge de manaeuvre pour entreprendre des réformes. L'article présente quatre scénarios d'altematives en ce qui concerne l'imputabilité et la fonction générale de Vérificateur dam la province. L'un ne prévoit aucun changernent et les trois autres entrevoient les victoires du lobby de l'indépendance, du lobby gestionnariste et du lobby démocratique.     

Lottizzazione Russian Style: Russia's Two-tier Media System

The restructuring of the Russian mass media has created a two-tier media system, where some outlets, notably national television, are very tightly controlled, while others, including the internet, are allowed a substantial degree of freedom. The allocation of media outlets to one or other tier is carried out according to procedures that can be compared to the Italian lottizzazione, a method used to allocate political control within the state broadcaster RAI. Recent changes in media usage are now threatening the equilibrium of the system, thus posing a challenge to those responsible for its administration.     

Who Governs in God’s City?

After clearing away some misconceptions about the power of the religious right in Colorado Springs, this article will examine three areas, education, medical marijuana, and gay rights, where the city’s religious conservatives have tried to influence public policy. With each area their efforts have only been partially successful. While the reasons for this uneven success are often particular to each policy dispute, taken together these issues point to discernible changes in the political behavior and ambitions of the city’s religious conservatives. Most importantly, religious conservatives have become far less confrontational and have turned away, to a significant degree, from direct political action and are focusing much more on community outreach programs. The paper will conclude by discussing some of the reasons for those changes and how they might have national implications for religious and social conservatives.     

Framing language policy in post-Soviet Azerbaijan: political symbolism and interethnic harmony

This article describes how the successive Azerbaijani governments of Heydar Aliyev (1993–2003) and Ilham Aliyev (2003–present) have pursued a largely symbolic language policy, enabling them to portray themselves as protectors of both a unique Azerbaijani identity and interethnic harmony while actually expending minimal resources. Given the demographic dominance of Azerbaijanis in Azerbaijan, language revitalization is framed as being inevitable and natural, requiring little state intervention. Indeed, the Aliyev governments have framed such symbolic policies as being preferable to the more nationalistic approach favoured by the pan-Turkic government of the Azerbaijani Popular Front (1992–93), the remnants of which have become the main opposition to the Aliyev governments. However, the Azerbaijani opposition has since largely adopted policies similar to those of the government; the difference between the two groups lies in how they portray the government's efforts.     

Mitochondrial DNA identification of game and harvested freshwater fish species

The use of DNA in forensics has grown rapidly for human applications along with the concomitant development of bioinformatics and demographic databases to help fully realize the potential of this molecular information. Similar techniques are also used routinely in many wildlife cases, such as species identification in food products, poaching and the illegal trade of endangered species. The use of molecular techniques in forensic cases related to wildlife and the development of associated databases has, however, mainly focused on large mammals with the exception of a few high-profile species. There is a need to develop similar databases for aquatic species for fisheries enforcement, given the large number of exploited and endangered fish species, the intensity of exploitation, and challenges in identifying species and their derived products. We sequenced a 500bp fragment of the mitochondrial cytochrome b gene from representative individuals from 26 harvested fish taxa from Ontario, Canada, focusing on species that support major commercial and recreational fisheries. Ontario provides a unique model system for the development of a fish species database, as the province contains an evolutionarily diverse array of freshwater fish families representing more than one third of all freshwater fish in Canada. Inter- and intraspecific sequence comparisons using phylogenetic analysis and a BLAST search algorithm provided rigorous statistical metrics for species identification. This methodology and these data will aid in fisheries enforcement, providing a tool to easily and accurately identify fish species in enforcement investigations that would have otherwise been difficult or impossible to pursue.     

Aleatory Materialism and Speculative Jurisprudence (I): From Anti-Humanism to Non-Humanism

This paper is the first part of an enquiry taking an initial, provisional step toward the construction of a theoretical matrix called speculative jurisprudence. Toward that end, it recruits the thought of Louis Althusser, whose work has taken on new significance thanks in part to the availability (in French and English) of many formerly unpublished texts, the contemporary critical scrutiny of numerous commentators, and the independent emergence of several philosophical currents sharing some of his work??s key concerns. The paper offers a unique characterization of Althusser??s aleatory materialism as at once a novel expression of Althusser??s ??jurisprudential problematic??, a problematic that I argue shapes his thought as a whole, and as a means of posing the core problem of dialectical materialism. The engagement with Althusser that I propose thus intervenes in current debates about aleatory materialism, but this is subsidiary with respect to the elaboration of speculative jurisprudence as a distinct approach in philosophy and law. That mode of thought begins to acquire a degree of reality by taking Althusser??s theoretical anti-humanism as a point of departure for the articulation of a non-humanist conception of legality, in a broad sense that conjoins the territories of both traditional philosophy and legal theory. The paper concludes with a reference to the open questions that Part Two, which will appear in Althusser and Law (2012), will take up.     

Recent developments in medicine and law

This article addresses important developments in the field of medicine and the law during the last year and highlights some of the significant areas of law affecting health care providers that should be considered. Actions against health care providers may include challenges to peer review immunity, allegations concerning the practice of medicine across state lines without a license, and even accusations of wrongfully assisting a patient to commit suicide. These areas are addressed in turn by this article. Finally, antitrust developments over the last year are briefly addressed as an emerging area of concern for providers forming complex practice networks in today's health care arena.