American Indian religion in the iron house: searching for ‘some accommodation’

Religious freedom claims by American Indian prisoners are disfavored in law and policy more than most prisoner civil rights claims. This disfavor reflects the continuing influence of the cultural distance between traditional Indians and Christianity – a distance with an unfortunate history from the Indian point of view. The salutary effects of Christian religion within prisons have been assumed for as long as prisons have existed; this assumption is based upon scant evidence. Treating Indian religious expression as inferior to Christian religious expression within prisons is often allowed by law, but it is insupportable in policy without reference to the historical power relationship between Indians and the dominant culture. Indian spirituality, like Christianity, can engage prisoners in the moral discourse demanded by the tenets of restorative justice. Accommodation of Indian spirituality is as much in the public interest as accommodation of religion within prisons at all.     

Pre-Appointment Scrutiny Hearings in the British House of Commons: All Bark,or Some Bite?

In 2007 British Prime Minister Gordon Brown agreed that House of Commons committees should start holding pre-appointment hearings for key public appointments. This was initially welcomed by MPs, who viewed it as an important step towards limiting executive power and strengthening the role of parliament. However, following the appointment of the Children's Commissioner against the advice of the relevant select committee, many MPs became disillusioned with the hearings. Based on extensive interviews with those involved in the appointments process, this article argues that while committees may lack formal veto power over appointments, they do have considerable influence. Most candidates said they would not have taken up their appointment against the advice of the select committee. So pre-appointment hearings should not be dismissed as pointless, but rather seen as an important mechanism through which committees can exert influence over public appointments. This tells us two important things about the powers of legislatures. First, it confirms that legislative influence is far more subtle than the simple exercise of veto powers, as scholars have long noted. But second, it also demonstrates that even the most central actors in the process (the MPs) may not appreciate this fact.     

Book Reviews

Taylor C. Boas, Presidential Campaigns in Latin America: Electoral Strategies and Success Contagion. New York: Cambridge University Press, 2016. Figures, tables, appendixes, bibliography, index, 276 pp.; hardcover $99.99, ebook. John Gledhill, The New War on the Poor: The Production of Insecurity in Latin America. London: Zed Books, 2015. Map, bibliography, index, 256 pp.; paperback $29.95, ebook $23.96. Ezequiel A. González‐Ocantos, Shifting Legal Visions: Judicial Change and Human Rights Trials in Latin America. Cambridge: Cambridge University Press, 2016. Figures, tables, bibliography, index, 342 pp.; hardcover $110, paperback $35.99, ebook $88. Merrilee S. Grindle and Erin E. Goodman, eds., Reflections on Memory and Democracy. Cambridge: Harvard University Press, 2016. Photograph, 274 pp.; paperback $24.95. David Pion‐Berlin, Military Missions in Democratic Latin America. New York: Palgrave Macmillan, 2016. Figures, tables, bibliography, index, 231 pp.; hardcover $105, ebook $79.99. Robert Gay, Bruno: Conversations with a Brazilian Drug Dealer. Durham: Duke University Press, 2015. Illustrations, chronology, notes, bibliography, index, 232 pp.; hardcover $89.95, paperback $14.95. Georgina Waylen, ed., Gender, Institutions, and Change in Bachelet's Chile. New York: Palgrave Macmillan, 2016. Figure, tables, bibliographies, index, 259 pp.; hardcover $105, ebook $79.99. Dickie Davis, David Kilcullen, Greg Mills, and David Spencer, A Great Perhaps? Colombia: Conflict and Convergence. London: Hurst, 2015. Maps, figures, tables, notes, bibliography, index, 288 pp.; hardcover $39.40. Mary Helen Spooner and Steven Ullmann, Cuban Health Care: Utopian Dreams, Fragile Future. Lanham: Lexington Books, 2014. Appendixes, figures, tables, bibliography, index, 152 pp.; hardcover $83, ebook $78.50. John M. Kirk, Healthcare Without Borders: Understanding Cuban Medical Internationalism. Gainesville: University Press of Florida, 2015. Tables, bibliography, index, 376 pp.; hardcover $79.95. Christine J. Wade, Captured Peace: Elites and Peacebuilding in El Salvador. Athens: Ohio University Press, 2016. Illustrations, abbreviations, bibliography, index, 304 pp.; hardcover $69.95, paperback $39.95, ebook.     

The Policy Power of the Westminster Parliament: The “Parliamentary State” and the Empirical Evidence

Drawing on several large research projects, and using both quantitative and qualitative evidence, this article assesses the policy influence of the Westminster parliament. Frequently dismissed as powerless in both academic and more popular accounts, we instead show evidence of an institution with significant policy influence, at successive stages of the policy process. Conventional accounts have focused too much on the decision‐making stage, to the exclusion of parliament's role at earlier and later policy stages. Critics have also focused disproportionately on visible influence, overlooking behind‐the‐scenes negotiations and the role of anticipated reactions. Based on analysis of over 6,000 parliamentary votes, 4,000 legislative amendments, 1,000 committee recommendations, and 500 interviews, we conclude that Westminster's influence is both substantial and probably rising.     

Secondary learning and the unintended benefits of collaborative mechanisms: The Federal Aviation Administration's voluntary disclosure programs

Along with other types of process‐oriented regulation, voluntary disclosure programs are increasingly used by regulatory agencies to supplement traditional inspection activities. Voluntary disclosure programs provide incentives, such as immunity or reduced regulatory enforcement to those submitting reports, while providing regulatory agencies with valuable information on existing risks and areas of non‐compliance. This article contributes to the discussion of voluntary disclosure programs by highlighting an important unconsidered benefit of such programs: the secondary learning they generate, above and beyond information about violations. Beyond the information submitted by firms contained in the self‐disclosures, the programs generate information and insights about the usual practices of the industry, the division of labor, typical problems, and ways to handle them – those details often invisible to those outside an organization or inside the organization but not “on the ground.” This additional information provides important benefits to both industry management and agency officials. We demonstrate the existence of secondary learning and describe the effect of the structure of voluntary programs on secondary learning with evidence from two case studies of the Federal Aviation Administration's voluntary disclosure programs: the Aviation Safety Action Program and the Voluntary Disclosure Reporting Program.     

The effect of cleaning agents on the ability to obtain DNA profiles using the Identifiler™ and PowerPlex® Y multiplex kits

Abstract: A year after the introduction of Identifiler? into the forensic DNA laboratories of the Institute of Environmental Science and Research Limited (ESR), increasing occurrences of dropout of the three loci, D7S820, D18S51, and FGA, were observed in samples where the DNA was not degraded and sufficient DNA was present that full DNA profiles were to be expected. The dropout was either partial or complete at these loci. Full profiles could sometimes be obtained by reamplification of samples using the same input amount of DNA. After a thorough investigation of the methods and procedures used in the laboratory, the cause of this inhibition was identified as the cleaning agent TriGene? ADVANCE. This was determined after the deliberate addition of varying amounts of different cleaning reagents into the DNA amplification reactions. At concentrations of 0.004% TriGene? ADVANCE caused inhibition resulting in tri‐loci dropout. At concentrations of 0.04% and higher, complete inhibition was observed. An effect was also seen on the amplification of samples using the Y STR profiling system PowerPlex^®Y. This work highlights the importance of checking all reagents and chemicals prior to use, even those with no apparent direct influence on the DNA profiling process.     

The International Law of Naval Blockade and Israel’s Interception of the Mavi Marmara

In this article I discuss the legality of Israel’s interception of the Mavi Marmara on 31 May 2010. Although Israel’s stopping, boarding and inspection of the Mavi whilst on the high seas would undoubtedly constitute a violation of the law of the sea during peace time, I examine whether this violation can be justified on the basis of international humanitarian law. Specifically, Israel asserts that it was enforcing a naval blockade. I examine the legality of this blockade. I suggest that the blockade was unlawful on the basis that customary international humanitarian law permits the use of naval blockades only in times of an international armed conflict. I argue that on 31 May 2010 Israel was not engaged in an international armed conflict with Hamas. Moreover, I submit that customary international law prohibits the use of blockades where they are intended to deny the civilian population objects essential for its survival or where the damage to the civilian population is excessive in relation to the anticipated military advantage. Israel argues that the intention of the blockade was to prevent war material from being delivered to Hamas fighters. This notwithstanding, I argue that because this blockade was causing a severe humanitarian crisis in Gaza on 31 May 2010, it was incompatible with customary international law and therefore unlawful. Furthermore, even if the deployment of the blockade could be considered lawful, I argue that the enforcement of the blockade was unlawful because Israel’s use of force to capture the vessel went beyond what was necessary in the circumstances.

     

New "party pill" components in New Zealand: the synthesis and analysis of some β-ketone analogues of 3,4-methylenedioxymethamphetamine (MDMA) including βk-DMBDB (β-ketone-N,N-dimethyl-1-(1,3-benzodioxol-5-yl)-2-butanamine)

In 2008, the New Zealand Government passed an amendment to reschedule what were, at the time, the active ingredients of 'party pills' in New Zealand. Since then, submissions of tablets and powders to the Institute of Environmental Science and Research (ESR) Limited have included ingredients not previously seen among drug seizures in New Zealand. These new components, confirmed by the synthesis of standards, included some beta-ketone (βk) analogues of 3,4-methylenedioxyamphetamine (MDA). Though not yet seen in tablet or powder seizures, the synthesis and the analytical data for βk-DMBDB ((beta-ketone)-N,N-dimethyl-1-(1,3-benzodioxol-5-yl)-2-butanamine) are reported here for the first time.