Polar Bear Sports Hunting: Canada’s Flawed Interpretation of the International Polar Bear Agreement

Abstract

In 1973 the five polar bear range states (Canada, Norway, Denmark, the United States, and the Union of Soviet Socialist Republics) entered into the International Agreement on the Conservation of Polar Bears and Their Habitat (“the Agreement”). The Agreement’s intention was to protect polar bears through conservation and management measures including, inter alia, prohibiting the taking of the carnivore. The implementation and enforcement of the Agreement was left to each individual country, resulting in differing management practices and legal frameworks among the signatory states. This is particularly stark in the context of sports hunting, with all nations except Canada outlawing the practice. Canada, striking out on its own, chose to interpret the provisions of Article III of the Agreement in such a way as to allow their provinces and territories to enact legislation to regulate the sports hunting of polar bears. This article argues that sports hunting is not a traditional right of Canada’s indigenous peoples and, therefore, Canada’s interpretation of the Agreement is critically flawed.     

Muslim communities attitudes towards and recruitment into the British police service

Recent UK media reports have often portrayed Muslim communities in a negative light (Allen, 2010). Indeed, the frequent media focus of Muslim's being arrested for counter-terrorism offences have been reported in great length. Yet the Muslim community remains diverse and is one of the longest established UK communities within Britain. However, previous studies show that there remains a tense relationship with the police and Muslim communities (Awan, 2011) with negative attitudes held by many young British Muslims towards the police (Kundnani, 2009), and indeed negativity remains stronger from young people from minority ethnic communities. The focus and aim of this research was to gather perceptions from the Muslim community in Birmingham as regards whether they would choose or recommend a career within the police service. Thus the objective for the study was to try and get a better understanding of Muslim perceptions about police recruitment.This article reports on the findings and implications of a small-scale study conducted in 2011 comprising of interviews with two Muslim groups namely the Bangladeshi and Pakistani communities from Birmingham (in the UK), where 20 people were interviewed in four groups consisting of (5) participants. The categories included Young People (aged between 15 years and 18 years); Community Leaders; Mosque Representatives and Female Groups (aged between 18 years and 30 years) which aimed to identify and gather the views of Muslim communities in respect to their views about choosing a career with the police service. Analysis revealed that the Muslim community responded in a fairly homogeneous way: they had a lack of trust towards the police and also issues were raised about the legality of counter-terrorism policing operations; a perception that the police service were a racist organisation and that the police had failed to engage with the Muslim community in Birmingham which had left a negative experience of Muslim communities and the police.³ Recommendations to improve the image and recruitment into the police service include more pro-active work with local communities and the use of community policing as a means to reach out to otherwise ‘hard to reach groups’.     

Alcohol and drug use among rural and urban incarcerated substance abusers

A number of prisoners use drugs. Limited information is available about the extent to which urban and urban substance abusers differ in their drug use in criminal justice settings. In addition, many believe that rural areas are protected from drug use. However, findings from this study show only marginally statistical significant differences in drug use between incarcerated rural and urban drug users. It was expected that urban drug users would be more drug career involved with consistently higher levels of drug use and associated problems. Specifically, rural drug users in this study were older at age of first use of marijuana and cocaine; report fewer years of cocaine, hallucinogen, and heroin use; and report more alcohol and sedative use. Findings from this study suggest that rural and urban drug users are similar and that rural areas may be protective from some drug use but risky for other drug use.     

A metallurgical review of the interpretation of bullet lead compositional analysis

Comparison of the minor and trace element compositions of bullet lead alloys has been used by some forensic examiners to make definitive positive associations between bullets or lead fragments at a crime scene and samples of bullets linked to a suspect(s). Such conclusions have been based on the elemental analysis of isolated groups of bullets with no consideration of the metallurgical processes involved in the production and refining of the bullet lead alloys. An understanding of the metallurgy of lead refining reveals that the elements quantified in the forensic analysis are carefully controlled in the refining process and that there are logical reasons why some elements are more discriminatory than others. Data for lead alloys supplied to two major ammunition manufacturers confirm that multiple indistinguishable shipments of lead alloys from secondary lead refiners to the ammunition manufacturers are made each year and over a period of many years. The data also demonstrate that distinguishable compositions can come from the same melt or "source" of lead alloy. These results clearly indicate that bullets with indistinguishable compositions could have come from different lead "sources" produced in the same or different years. Furthermore, the observation that two bullets have a distinguishable composition does not necessarily mean that they came from a different "source".Our results show that the forensic examiner using a method of bullet lead alloy elemental analysis, which quantifies up to six elements is restricted to concluding only that indistinguishable bullets might have come from the same "source," not that they did come from the same "source". In addition, it is quite possible that multiple bullets with similar but distinguishable compositions could have come from the same "source". The authors therefore feel that there is no scientific validity to any conclusions more positive than attributing the possible association as to molten source among bullets from different samples. An understanding of the metallurgical principles operative in the melting/casting process as well as the data acquired for this study, indicate that any forensic conclusions which associate unknown bullets with the "same source", and/or "same box" should fail most or all Daubert criteria.     

Civil Discovery: Lawyers'Views of Its Effectiveness, Its Principal Problems and Abuses

This article, the second in a three-part series based on interviews of 180 civil litigators in Chicago, describes lawyers'assessments of the health of the discovery system and their views about the relative severity of several major problems and abuses that burden the discovery process. The data present a disturbing picture of the way the discovery system functions, especially in larger cases. Big case litigators are much unhappier with the current state of affairs in discovery than are their smaller case counterparts, and apparently for good reason. Tactical jockeying, evasive and dilatory practices, and various forms of harassment play major and costly roles in a high percentage of large lawsuits. And in at least one of every two big cases the discovery system fails to distribute the relevant information to all the parties. Perhaps the most dramatic evidence of disaffection with the current state of affairs in major litigation, however, is the widespread support the lawyers expressed for more aggressive judicial involvement in the process and for more frequent, telling use of sanctions to punish its abusers.
The third article in this series will report the lawyers'reform proposals and will explore some of the implications of the data described here.     

Lawman and the Sabellian heresy

I wish to thank Dean Bernie Patterson and the Arts and Sciences Level I Committee for support on this project, although ultimately thanks should be extended to the Georgia College Foundation for its generous support of research and faculty development projects at Georgia College. I also wish to thank MEDTEXTLers Jim Marchand, Thomas Izbicki, and P.A. Binkley for bibliographic help on the topic of clerical education in twelfth- and thirteenth-century England.     

THE CHILDREN ACT 1989 AND THE VOICE OF THE CHILD IN FAMILY CONCILIATION

Over the past 10 years, there has been a rapid development of conciliation throughout Great Britain in matters relating to divorce and separation. The growth has been in terms of the accessibility of services as well as in the styles of conciliation practice offered. Throughout this period, the question of the involvement of children in conciliation has persisted as a key issue. Should children be involved at all, and if so, how should this involvement best be brought about? This article suggests that the change of philosophy regarding child law intended by the new Children Act 1989 will give considerable impetus to this debate and should lead to a clarification of the role of conciliation in allowing the voice of the child to be heard following divorce or separation.     

Beyond crime seriousness: Fitting the punishment to the crime

This paper presents an exposition of how the factorial survey approach may enhance empirical assessments of the complex judgment principles involved in public views of just punishments for convicted offenders. Ratings of the appropriateness of sentences given across 50 typical crimes obtained from a household sample (N=774) of the Boston SMSA and several special-interest samples in 1982 are examined in three alternative ordinary least-squares (OLS) regression equations. These analyses show there is not a one-to-one direct relationship between public perceptions of the seriousness of criminal acts and desired sanctions. Crime seriousness is modified by the characteristics of the offenders and victims and by the consequences of the crimes. Preferred punishments also vary in severity by demographic, experiential, and attitudinal characteristics of the persons who make the judgments.