Ethno-racial identity (politics) by law: “Fraud” and “choice”

Following an introduction to the changes in how ethno-racial identity is conceptualized in the social sciences and humanities by the destabilization of categorical frameworks, the author looks at how law reacts to these discussions and paradigm shifts, and argues that legal and administrative approaches face severe linguistic and conceptual limitations by operating within a “choice” and “fraud” binary. The article then questions if the free choice of identity exists as a principle of international minority protection law, a legal field that arguably represents a global political and ethical consensus. The author makes two claims. First, according to the basic tenet of legal logic, a proper right to free choice of identity allowing people to opt out of racial, ethnic, or national (minority) communities would necessitate the freedom to opt in to the majority or to any chosen group. The second claim, however, is that international law would not actually construct an approach to opting in. Thus, the right to free choice of identity is not an autonomous, sui generis right under international law.     

Tribes and Tribulations: Bedouin Losses in the Saudi and Iraqi Struggles Over Kuwait's Frontiers, 1921–1943

In the years following World War One the pastoral populations of northern Arabia were subjected to political pressures and economic hardships arising from the creation of French and British spheres of influence in the territories that would become the states of Jordan, Syria and Iraq, and by the aggressive expansion of the domains of the ruler of Najd, ‘Abd al-‘Aziz ibn ‘Abd al-Rahman Al Saud. Year by year the nascent states in the region asserted more control over the vast stretches of desert and steppe that had heretofore been the domains of powerful bedouin tribes and confederations. New borders often cut across tribal territories creating complications and conflict in such matters as sovereignty, citizenship, migration, raiding and political refuge. The establishment of new customs regimes and economic policies meant that age-old patterns of trade between the settled and nomadic populations were altered, curtailed or criminalized as ‘smuggling’.

This article examines two sets of policies that Iraqi and Saudi forces employed to express political domination in the desert and steppes of Kuwait and beyond in the guise of controlling trade: the Saudi blockade of overland trade with Kuwait; and Iraq's aggressive ‘anti-smuggling’ measures that often victimized innocent bedouin. In both cases, members of bedouin tribes were harassed, attacked, pillaged and forced to alter their normal patterns of trade and migration. The eventual rise and dominance of state power resulted in the historic defeat of bedouin control in the deserts and steppes and a gradual loss of their traditional economic options. This article provides detailed evidence showing how part of this large transformation in bedouin society took place.     

Sudden suffocation by surgical sponge retained after a 23-year-old thoracic surgery

A 70-year-old male patient with a 23-year-old history of right lower lung lobectomy for primary pulmonary adenocarcinoma (T1 N0 M0) presented with recurrent bronchopneumonia and purulent sputum. Pleural callus, lung abscess, bronchopleural fistula, and stitch granulomas were confirmed by chest x-ray, computed tomography scan, and bronchoscopy in the background of his complaints. An attempt to remove the bronchial purulent discharge and tissue sampling was made by using a flexible bronchoscope. The area of the lower trachea suddenly became clogged during bronchoscopic removal of the suspected piece of tissue (which later turned out to be organizing surgical gauze). The resuscitation following ventricular fibrillation failed to save the patient's life. The forensic postmortem examination confirmed the position of the foreign body extending from the abscess cavity, crossing the midline at carina and obstructing the lower trachea. This foreign body was a remnant of the surgical gauze left behind during a thoracic surgery 23 years ago.     

Changes in earnings inequality and labour market segmentation: Metropolitan Santiago 1969–78

Changes in earnings inequality are examined in this article through an eclectic approach allowing for differences in human capital earnings function by labour market segments. Several findings are of interest. The first are the components of earnings inequality changes, these being, in order of importance: changes in the within segments inequality, changes in the relative share of the informal sector segment, and changes in relative income between segments. Second, these changes are found to be the result of labour market liberalisation policies such as abolition of both minimum wages and labour turnover legislation in the formal sector, the promotion of self‐employed activities in the informal sector, and, the selective mobility pattern between segments.     

Thinking outside the box,improvisation, and fast learning: Designing policy robustness to deal with what cannot be foreseen

Policies are continually subjected to turbulence and crises. Interest in policy robustness as a fundamental way to deal with what cannot be foreseen is increasing. Thus, there is a flourishing stream of literature suggesting that policies need to be designed to be agile and flexible. However, the associated characteristics remain undeveloped. This article fills this gap by drawing on lessons obtained from the unplanned behaviors that were adopted in the management of the COVID-19 pandemic. Individual and organizational behaviors characterized by outside the box thinking, improvisation, and fast learning yielded solutions to unexpected problems. In this article, some of these emblematic unplanned behaviors are assessed, and the research builds on the literature on policy robustness, crisis management, and organizational theory to identify three enabling conditions to design more robust policies: coordinated autonomy, training for unplanned responses, and political institutional capacity.     

What you don't know can hurt you: why managed care organizations have a legal duty to disclose the use of financial incentives to limit medical care

This article, winner of the 2000-2001 American Health Lawyers' Student Writing Competition, examines the conflicting policy goals at the heart of managed care--particularly in the use of financial incentives for physicians who limit their use of referrals and expensive diagnostic tests. While conceding the legality of such incentives, the author contends that Managed Care Organizations (MCOs) have a legal duty to disclose their existence to beneficiaries. After analyzing the basis for imposing a duty to disclose, the author proceeds to examine such issues as the proper timing, level, and extent of disclosure.