Eco-regional conservation and development in Madagascar: a review of USAID-funded efforts in two priority landscapes

The need for eco-regional or landscape-scale conservation and development has been widely recognised in Madagascar, yet implementation remains problematic. The approach was initially driven by biodiversity-conservation concerns, without enough emphasis on sustainable development, especially agriculture. Current challenges include consensus building for eco-regional visions, strengthening partnerships with government institutions, and negotiating land-use trade-offs within focal landscapes. Increased attention to revenue generation from agriculture and forest products, as well as enhanced communication and widespread participation by all stakeholders, should augment the success of broad-scale conservation and development programmes.     

Participation in the Knowledge Society: the Free and Open Source Software (FOSS) movement compared with participatory development

The possibilities and limits of participation at the ‘bottom’ (represented, for example, by PRA and PLA) have been well articulated in development literature. However, the emergence of the Knowledge Society has opened up spaces for what we could call participation at the ‘top’ (free software, wiki, open access), the implications of which Development Studies is only beginning to grapple with. Building upon recent debates on the issue, we take the cases of the free software movement and participatory development, arguing that they share common ground in several ways. We aim to offer a few pointers on conceptualising development in the Knowledge Society.     

Calling on Jefferson: the ‘custodiary’ as the fourth estate in the Democratic Project

Aimed at reinforcing the democratic values of freedom of speech and increased diversity in civic access to the means of communication, this paper examines the concept of democracy within an information and communication technology-mediated context. Discussion proceeds with an analysis of orthodox views adopted by Jefferson and the architects of the American Constitution. Building on the Jeffersonian tradition, a critique is presented of present-day, non-transparent constraints on the democratic values of freedom of speech, information access and the structural constrains mitigating unfettered public access to critical information and debate on fundamental social and political issues of the day. The proposed ‘custodiary’ model for the new Democratic Project is premised on the development of a constitutional framework which encourages information diversity and freedom of access and expression as a way of bringing back ‘discourse’ into democratic praxis.     

Revealed preferences of a state bureau: Case of New Mexico's underground storage tank program

Leaking underground storage tanks (USTs) are a pervasive national environmental problem. Cleanup of leaking USTs is largely publicly financed and under the control of state agencies. In the transition to new compliance standards, individual states have taken advantage of provisions in federal regulations to implement their own programs. This raises the policy question of environmental federalism and the appropriate locus of government control. The objectives of this study are to examine the revealed preferences of a state UST bureau. New Mexico was one of the first state programs to use risk assessments in setting funding priorities. We analyze the statistical determinants of funding decisions and find strong evidence that risk information is used. Although our case study provides a measure of support for state control, the argument is strengthened if public financing is limited to the cleanup of historical pollution, rather than a means for providing insurance for prospective pollution. ©1999 by the Association for Public Policy Analysis and Management.     

An Anthropological Examination of the Types of Skeletal Fractures Resulting from Fatal High (˃3 m) Free Falls,

Fatal falls from heights (?3 m) often result in blunt force trauma (BFT) to the skeleton. The fracture patterns that result from this BFT mechanism are well understood in forensic anthropology and forensic pathology; however, details of the specific types of fractures that result remain poorly documented. The aim of this study was to provide a detailed examination of the types of fractures that may result from fatal high falls. Fractures were recorded from 95 full‐body postmortem computed tomography scans of individuals known to have died from a high fall. Trauma was then analyzed taking into account the extrinsic and intrinsic variables known to influence a fall using multiple logistic regression. A total of 339 types of fractures were classified, of which 16 were significantly associated with this BFT mechanism. Classified fracture types will augment anthropological interpretations of the circumstances of death from BFT in cases of suspected high falls.     

Constrained Waiver of Trial Rights? Incentives to Plead Guilty and the Right to a Fair Trial

This article develops an interpretative framework to examine when incentives to plead guilty should be found to constrain defendant choice to waive fair trial rights under the European Convention on Human Rights. This framework is informed by existing jurisprudence, specifically the judgments of the European Court of Human Rights in Natsvlishvili and Togonidze v. Georgia and Deweer v. Belgium, and socio‐legal literature. According to the framework, an incentive to plead guilty should be found to violate fair trial rights where it makes it unreasonable to expect defendants to exercise their right to a full trial, is independent of the projected outcome at trial, and causes the defendant to plead guilty. An empirical analysis of guilty‐plea practice in England and Wales informed by this new framework identifies problematic incentives and suggests such incentives may disproportionately influence vulnerable defendants.     

Arguing Against the Expressive Function of Punishment: Is the Standard Account that Insufficient?

Law and Philosophy - This paper critically appraises the arguments that have been offered for what can be called ‘the expressive function of punishment’. According to this view, what...     

Compelling the EPA to Regulate GHG Emissions Under the Act to Prevent Pollution From Ships

Shipping remains the only sector in the world not currently subject to any legally binding greenhouse gas emission (“GHG”) reduction measures. If left unregulated, ships may represent over 20% of GHG emissions by 2050. This article examines the possibility of compelling the U.S. Environmental Protection Agency to regulate GHGs from ships under the Act to Prevent Pollution from Ships (the “APPS”), 33?U.S.C. § 1901, et seq. Unfortunately, until there is an international agreement to reduce GHG emissions from ships, as well as amendments to the International Convention for the Prevention of Pollution from Ships and the APPS, a citizen suit under the APPS will not be effective.