Nobody trusts them! Under- and over-policing Native American Communities

Interviews with 278 Native Americans from seven states, and representing eight American Indian nations have revealed startling patterns of racial violence against this community. In part, this may be accounted for by the enabling climate created by law enforcement in these communities. Of particular concern in this paper are patterns of police activity, which simultaneously represent both the under-enforcement and over-enforcement of the law with respect to Native American communities. Participants have reported activities ranging from willful blindness toward Native American victimization at one extreme, to police brutality at the other.     

From music tracks to Google maps: Who owns computer-generated works?

Increasingly the digital content used in everyday life has little or no human intervention in its creation. Typically, when such content is delivered to consumers it comes with attached claims of copyright. However, depending on the jurisdiction, approaches to ownership of computer-generated works vary from legislated to uncertain. In this paper we look at the various approaches taken by the common law, such as in Canada, and the legislative approach taken in the United Kingdom. The options for how computer-generated works may be treated and suggestions for their best placement in copyright are discussed.     

Russian military strategies in the Arctic: change or continuity?

This paper examines the nature of Moscow’s military strategies in the Arctic. It is argued that the roles of military power have radically changed since the Cold War era. According to Russian strategic thinking, instead of being a coercive instrument in a global confrontation between two superpowers and capitalist and socialist systems, now military power has new functions, such as to ascertain Russia's sovereignty over its (not their) exclusive economic zone and continental shelf in the region, protect Moscow’s economic interests in the North, prevent illegal migration and potential terrorist attacks against critical industrial and infrastructural objects, fulfil some dual-use functions (such as search and rescue operations, monitoring air and maritime spaces, providing navigation safety, mitigating natural and man-made catastrophes), help academic community in developing Arctic research, and carry some symbolic functions. These new roles, however, do not preclude military power from fulfilling its traditional functions, such as territorial defence, power projection, deterrence, and containment. Russia’s military modernisation programmes are described. The authors arrive at a conclusion that these programmes do not provoke an arms race or undermine the regional cooperation. To prevent negative security trends, a system of arms control and confidence- and security-building measures should be developed in the region.     

Law of Space Resources and Operations on Celestial Bodies: Implications for Legislation in the United States

The U.S. assertion of a right to own resources harvested from space is consistent with the distinction in international law governing analogous res communis areas between resources harvested from a common area and the common area itself. Under the Outer Space Treaty regime, private entities do not have any more right to appropriate celestial bodies than governments do. However, U.S. law does not give private entities such a right. The U.S. Commercial Space Launch Competitiveness Act’s chapter on Space Resource Commercial Exploration and Utilization generally avoids taking a position on exactly how to deal with disputes in the event the activities of entities from the United States and other states interfere with each other. The U.S. law does not assert a right to declare safety zones or otherwise exercise jurisdiction outside space objects, but doing so can, under some circumstances, be consistent with international law. Many of the specifics of what rules will govern the gathering of space resources remain undetermined, yet the act’s basic premise is correct: international law and the treaty obligations of the United States allow for the U.S. government to authorize its citizens to own resources obtained from space.     

Reinventing Government: The Case of National Service

When Bill Clinton embraced national service as one of his administration's priorities, he took a step forward on two of his key initiatives. Not only was national service a new initiative in its own right, but Clinton also held it up as a model of his efforts to reinvent government. It would be an exemplar of government that is catalytic, competitive, decentralized, and results oriented. This case study examines the theory and reality of reinvention. The Corporation for National Service and its programs have come under fire for being more political than catalytic, being simultaneously too centralized and too decentralized, and pursuing too many unclear goals. This article seeks to identify discontinuities between the rhetoric and the reality of reinvention in this instance and draw lessons for public-sector reform.     

Safeguarding Children's Welfare in Non‐Contentious Divorce: Towards a New Conception of the Legal Process?

This article considers the working of the current procedure intended to ensure the welfare of children when their parents divorce but are not seeking any orders relating to them. It shows that the process is ineffective in safeguarding children's welfare and is not geared to ensuring that their wishes and feelings are taken into account. It argues that the focus of policy should shift away from assuming that the legal system can handle the problems of divorce, towards using the legal process as a point of contact through which families can be offered the full range of services they may need during relationship breakdown.     

Should Quasi‐Government Make Democrats Queasy?

Books reviewed in this article:
Jonathan G. S. Koppell, The Politics of Quasi-Government: Hybrid Organizations and the Dynamics of Bureaucratic Control     

Revealed public preference and social utility

Methods of demand theory are applied to the problem of the existence of a social welfare function under specific public choice algorithms. Integrability conditions, necessary for the derivation of social demand functions from utility maximization, are used. The social choice function, which chooses the mean of all voters demand for public goods to be the public provision, is analysed in detail. Necessary conditions for the existence of a social utility function, and by implication, a transative social ordering, are derived for this case. These conditions imply restrictions on individual preferences.