Judicial Deference under the Human Rights Act

Judicial deference to the other branches of government has become a common judicial technique in cases arising under the Human Rights Act. The author outlines the current approach of British courts in deciding when to defer, arguing that it is flawed and unprincipled. The author goes on to argue that a principled approach to deference is necessary, and offers examples of when and how courts should defer to the other branches of government when considering constitutional claims.     

The new chain gang: Corrections in the next century

This article examines the operations and excesses of the correctional chain gang as a group of prisoners working outside a penal facility under armed correctional supervision and wearing chains or other restraining devices to prevent escape. We detail the operations and excesses of earlier chain gangs, identifying variables that contributed to the contemporary phase that emerged in 1995. Predicated on vengeance, retributive justice, and punitiveness, the chain gang represents yet another devolving standard of human decency in correctional policies. Future scenarios are explored.     

Natural gas deregulatin: The need for further reform

Like attempts at achieving effective regulation of economic activity where it is warranted, deregulation can entail hidden complexities and produce unintended outcomes. The principle that deregulation begets “second order” effects that may necessitate further regulatory reform is epitomized in the case of natural gas. This article shows how the partial deregulation of natural gas wellhead markets under the Natural Gas Policy Act of 1978 caused a variety of distortions to emerge in other segments of the industry. Because the distortions are mutually reinforcing, no single policy, such as immediate decontrol of “old” gas or subjecting pipeline companies to common carrier obligations, will solve all of them; rather an integrated program of regulatory reform is required. The article concludes by outlining such a program and commenting on how its implementation through administrative and legislative actions should be carried out in order to reduce the need for further reform in the future.     

Section 1983 litigation: An effective remedy to police misconduct or an insidious federalism?

In recent years the federal courts have experienced a dramatic increase in civil suits alleging police misconduct under the federal provision, 42 U.S.C. Section 1983, which was originally enactd as part of the Civil Rights Act of 1871. Section 1983, presently the second most litigated provision of the United States Code, grants a private right of action for redressing violations of federal and Constitutional rights committed by persons (including municipalities) acting under color of state law. The recent development of Section 1983 as a mechanism for controlling police misconduct has profound implications for New Federalism, public official conduct and traditional legal doctrines (such as the exclusionary rule). This study reviews the legal basis for civil liability remedies, examines the impact of recent developments on police behavior, and explores the policy considerations underlying an assessment of this expanding legal remedy as a viable option in preventing police misconduct.     

Trust,institutions, and indigenous self‐governance: An exploratory study

Trust is important to the institutions that make societies successful. Globally, Indigenous peoples are actively building institutions for self‐governance, but there remains little empirical work on trust in this context. To address this gap, we use a mixed methods approach to explore three levels of trust among individual members from three related, but politically distinct First Nations (Indigenous peoples) in British Columbia, Canada. British Columbia offers a unique and dynamic context to explore trust and its relationship with the diverse institutional choices among First Nations. Survey results show that trust is low among respondents and individual variables predictive of trust in mainstream contexts, like education and employment, are not determinative. However, interpersonal trust and political trust were highest in the First Nation most active in institution building, and who linked this with a cultural revitalization narrative. Interviews suggested a bidirectional relationship between individual and collective drivers of trust in this context.