Taking Abortion Rights Seriously: Whole Woman's Health v Hellerstedt

In Whole Woman's Health v Hellerstedt the Supreme Court of the United States passed down its most important decision on abortion for just under a decade. By a majority of 5‐3, the Court ruled that two provisions in a Texas law regulating abortion on grounds of women's health were constitutionally invalid, placing a ‘substantial obstacle’ in the way of women seeking to exercise their right to abortion. This comment delineates the key ways in which the Court's application of the standard of constitutional review under Planned Parenthood v Casey (1992) to the Texas provisions marks a landmark development for the protection of the constitutional right to abortion established in Roe v Wade, not the least by making clear that state abortion regulations which cite ‘women's health’ justifications should not pass constitutional review where those justifications lack a credible factual basis.     

Barriers to the ballot: implications for the development of state and national crime policies

In 2013, the Supreme Court of the United States ruled in Shelby County v. Holder that Section 4(b) of the Voting Rights Act, which included the preclearance formula for determining which state and local jurisdictions needed to obtain federal approval before changing their election laws and voting procedures, was unconstitutional. By requiring federal approval, this provision prevented historically repressive jurisdictions from enacting covert policies to hinder non-whites from voting. The ruling in Shelby County is problematic because methods in use across the country prevent non-white citizens from casting their ballots, leaving their interests unaddressed. As people of color hold different attitudes and views than whites towards specific criminal justice measures, contemporary barriers to the ballot have potential implications for criminal law and policy. Consequently, analyses of two contemporary methods of denying non-whites a voice in government are warranted: felon disenfranchisement and voter identification laws. After considering the disproportionate effects of these laws on non-white voting, the paper reveals the potential harm that may result from Shelby County if similar laws spread to jurisdictions no longer covered by the Voting Rights Act.     

知识产权的观念：类型化及法律适用

以知识产权为主的无形财产日益重要是社会历史发展的结果,知识产权也是传统财产权的延续,但我们今天不仅面临着知识产权类型化困难问题,而且在自然权利、他人利益和社会正义之间存在着利益平衡的法律难题。因此更加需要强调知识产权的私权性质和观念,在司法过程中通过传统民事法律制度实现知识产权立法的目的。     

Cape Verde and the risks of tourism specialisation: the tourism option for Africa’s small states

ABSTRACT

Tourism is a viable, but risky, option for many small island countries to integrate and compete in the world economy. This article examines tourism in the small island economy of Cape Verde. It assesses the risks to its long term development posed by the industry. The country has one of the fastest growing tourism industries in the world. However, this rapid growth is a dual-edge sword. Tourism-led growth results in real economic gains. However, the type and organisation of Cape Verde’s tourism industry magnifies the country’s already high structural vulnerability. Given its current structure and pace of growth, tourism increases macroeconomic risks and vulnerability. It is reproducing the same monoculture dependency that traditionally hampered development in African economies. The policy lessons are clear. Cape Verde must foster economic diversification while simultaneously engaging in strategies to mitigate the risks that accompany its biggest and fastest growing sector and export.     

Corporate Ownership and News Bias Revisited: Newspaper Coverage of the Supreme Court’s Citizens United Ruling

The clear financial benefits accrued to owners of television stations as a result of the Citizens United v. Federal Elections Commission (FEC) decision opens the door to an important question: Did the degree to which media corporations benefited from the changes in campaign finance law influence their news outlets’ coverage of the Citizens United decision? In other words, is it possible to identify variation in how media outlets covered the Supreme Court decision that correlates with the degree to which those outlets’ parent companies profited from the resulting increase in campaign spending? Answering this question will provide an important and much-too-uncommon opportunity to systematically test for bias in news coverage. Replicating the method used by Gilens and Hertzman (2000) in their own test of coverage of the 1996 Telecommunications Act, this analysis reveals that newspapers belonging to media corporations that own more television stations covered the Citizens United ruling systematically differently—and more favorably—than those with few or no television stations. This has important implications for the degree to which the news produced by increasingly conglomerated and corporatized media companies may eschew neutral or balanced coverage in favor of news frames that promote their own financial interests.     

Juvenile Competency and Pretrial Due Process: A Call for Greater Protections in Massachusetts for Juveniles Residing in Procedural Purgatory

While juvenile courts continue to balance and reevaluate the dual goals of community safety and rehabilitation of youth, juveniles who are not competent to stand trial have been left without sufficient procedural protections. This paper examines Massachusetts’ approach to juvenile competency, due process, and pretrial procedure, within a national context. The inadequacies of the Massachusetts juvenile competency laws are not unique. Currently there are nineteen states that either entirely lack juvenile‐specific competency legislation or merely incorporate inapposite adult criminal statutes and standards into the juvenile context—making it difficult or impossible for those juvenile courts to dismiss or divert a delinquency petition following an incompetency finding. Massachusetts and states similarly situated should adopt explicit statutory language to delineate the basis for a juvenile incompetency finding and the grounds for dismissing delinquency complaints pretrial after an incompetency finding has been made. This paper proposes that Massachusetts adopt a timeline for effecting such dismissals based in part on the amount of time a juvenile could face if committed to the juvenile correctional authority following an adjudication of delinquency. The paper also recommends best practices of states that are pioneering juvenile legislative reforms like dismissal timelines and incompetency presumptions. Finally, we suggest a more stringent regulatory framework be put in place governing the pretrial detention of youths who have been found not competent to stand trial—a framework that recognizes and preserves the juvenile's substantive rights to education, mental health and rehabilitative services. Without legislation, juveniles found not competent to stand trial remain subject to the prospect of indefinite locked detention, often without access to the necessary services that contribute to future success as well as attainment of competency. This lack of due process runs counter to the foundational goals of the juvenile justice system.     

Listening and the ambiguities of voice in South African journalism

Political theorists like Bickford (1996) and media theorists like Couldry (2006) have introduced the concept of listening as a complement to long-standing discussions about voice in democracies and in the media which serve the democratic project. This enhanced understanding of voice goes beyond just hearing into giving serious attention to, in particular, marginalised voices. This article reports on an investigation into the ways in which mainstream and community media in the Eastern Cape, South Africa, understand listening as an important part of their role as journalists. Interviews probed the attitudes of journalists and editors towards listening, and also interrogated their own understandings of their role in South Africa, particularly in relation to young people who are finding their political “voice”. The research showed that “listening” as a journalistic practice is seldom understood in anything more than common sense ways and is certainly not an organising principle of reporting and disseminating news. This results in journalism that is events focused, often sensationalist and whose agenda is set powerfully by political actions and actors in the environment. The power of being heard is almost solely in the hands of the journalists, who regard themselves as “the voice of the people”, without actively providing a space for listening to the voices of community members. But, within this generalised environment, there are two very interesting projects in which journalists and editors are actively listening to the issues and stories of citizens and letting them set agendas.     

‘Opening up’ policy to reflexive appraisal: a role for Q Methodology? A case study of fire management in Cape York,Australia

Recent decades have witnessed increasing attention in theory and practice to participatory approaches to policy appraisal, in part due to the potential of such approaches to facilitate reflexive policy appraisal. It has been observed, however, that in practice these approaches are often as prone as traditional, non-participatory appraisal techniques to being limited in the extent to which that can achieve reflexivity e.g. due to the influence of interests and power and problems of representation. This article explores the extent to which Q Methodology, or ‘Q’, can play a role in ‘opening up’ (Stirling Science, Technology & Human Values, 33, 262–294, 2008) policy to reflexive appraisal. A Q study of fire management discourses in Cape York, northern Australia is presented which exposes the existence of four key discourses in the region: discourse A—rational fire management; discourse B—fire-free conservation; discourse C—pragmatic, locally controlled burning; and discourse D—indigenous controlled land management. At present only discourses A and C are reflected in policy. Appraising existing policy on the basis of the different constructions articulated by discourses B and D of the purpose of and practices involved in fire management, is successful in opening up existing policy to reflexive appraisal. In the face of considerable scientific uncertainty as to the ecological impacts of different burning regimes in northern Australia, this process of opening up has important potential for appraising the social desirability of existing policy and practice in the region. This analysis provides a practical demonstration of the wider potential of Q Methodology in opening up other important contemporary policy issues to reflexive appraisal. It also provides the basis for recommending the expansion of participatory processes for facilitating stakeholder engagement in fire management policy and practice in Cape York.