Nation and its shadow: Quebec's non-French speakers and the courts

This article is a revised version of a paper given at the Critical Legal Conference, Glasgow, September 7, 1991. The author wishes to express her appreciation for discussions concerning the issues in this article, and comments on earlier drafts, to Tony Carty, William Lucy and Dylan Griffiths. Responsibility for the final result is nonetheless that of the author alone.     

Indians 78, Washington State 0: Stories about Indians and the Law

In the 1970s Washington State lost a series of legal cases related to Native Americans. These cases exemplify the need for knowledge of federal Indian law-but such knowledge, out of context, is insufficient. Key aspects of federal Indian law are hard to accept because of conflicting stories that Americans already believe. The authors discuss the importance of stories and review commonly believed stories that block acceptance of federal Indian law. They then discuss basic principles of Indian law and distill four questions to help determine tribal jurisdiction. The authors review the Marshal trilogy—three Supreme Court cases that set the foundations of modern Native American law—and show how the legal principles play out in an analysis of three contemporary court cases.     

Privileged Exclusion in Post-Soviet Kazakhstan: Ethnic Return Migration,Citizenship, and the Politics of (Not) Belonging

This article explores issues of citizenship and belonging associated with post-Soviet Kazakhstan’s repatriation programme. Beginning in 1991, Kazakhstan financed the resettlement of over 944,000 diasporic Kazakhs from nearly a dozen countries, including Mongolia, and encouraged repatriates to become naturalised citizens. Using the concept of ‘privileged exclusion’, this article argues that repatriated Kazakhs from Mongolia belong due to their knowledge of Kazakh language and traditions yet, at the same time, do not belong due to their lack of linguistic fluency in Russian, the absence of a shared Soviet experience, and limited comfort with the ‘cosmopolitan’ lifestyle that characterises the new elite in this post-Soviet context.     

Interstate tax competition after TRA86

When a governor announces that a tax increase is necessary, how do voters decide whether the governor is representing the situation honestly, or just preparing to line his or her pockets? This paper presents evidence that voters may look at the tax increases in neighboring states to obtain information on whether a tax increase is appropriate and, using this information, decide whether to reelect their governor. The data suggest that comparisons with neighbors influence gubernatorial behavior: Governors are more likely to raise taxes when neighbors are doing the same. TRA86 allows us an extra check on the rnodelpresented: I f the marginal dollar taken in state taxes is more costly to state residents, this may increase the extent to which residents use information provided through neighboring states to sort good governors from bad.     

Perceptions of repressed memories: A reappraisal

College students read a trial summary of a sexual abuse case. The victim in the case either claimed that (a) her memory for the abuse had been repressed for 20 years and only recently recovered during therapy, or (b) she consciously remembered the abuse for 20 years but never discussed it until recently in therapy. Participants were significantly more likely to convict the defendant when the testimony was described as nonrepressed (67%) versus repressed (58%). This effect was not modified by the age of the victim at the time the alleged abuse occurred (either 3, 8, or 13 years of age), although the younger and older victims were significantly less believable than the 8-year-old victim. Compared to female participants, male participants were significantly less likely to convict the defendant and rated the victim as significantly less believable. These findings are discussed in the context of recent research on juror reactions to repressed memory testimony.     

Exploring the forensic use of the emotional recognition test (ERT)

General "hypo-emotionality" has now become a broadly accepted concept as one of the conspicuous psychological characteristics of repetitive, violent offenders. Numerous psychophysiological studies have verified this premise. The current study sought to examine the applicability of the Emotional Recognition Test (ERT) in a sample of 85 Korean inmates in a maximum-security prison. Two additional criterion groups were included for comparison: normal controls and schizophrenic inpatients. Because the ERT consists of problem-solving items, it is relatively free from response biases and is more efficient than measuring physiological responses. Results indicated that all criterion groups scored significantly differently on the ERT total and subscale scores. Additionally, similar to the physiological emotion-specific findings, emotion-specific subscales of the ERT indicated that offenders had significantly more difficulty in recognizing negative emotional stimuli, particularly sadness.     

Court strikes out latest action in contaminated blood litigation

On 24 June 2003, the Federal Court of Canada--Trial Division struck out an action by three hemophiliacs infected with HIV through contaminated blood products. The case arose out of the destruction of records by members of Canadian Blood Committee (CBC) in 1989. The defendants were the government of Canada and three government of Canada employees who worked at the CBC in 1989 and were alleged to have been involved in the destruction of records.