Law

Extractive industries, intellectual property, and the health of indigenous peoples

By William H. Wiist
Because the corporate goal is to obtain the highest profit possible, not social welfare, public health or environmental sustainability, business interests often give little or no consideration to the effects of corporate practices on indigenous peoples. Thus, the estimated 257 to 370 million indigenous peoples in about 5,000 communities in 70 countries, speaking 5,000 of the 6,000 existing languages, often experience severe detrimental consequences from commercial activity.

The case against pension-financed infrastructure

By Edward Zelinsky
Media reports have indicated that New York Governor Andrew Cuomo has been considering the use of public pension funds to finance the replacement of the Tappan Zee Bridge and to underwrite other infrastructure investments in the Empire State. This is a bad idea, harmful both to the governmental employees of the Empire State and to New York’s taxpayers. Using public pension monies in this fashion trades the immediate benefits of public construction for the long-term cost of underfunded public retirement plans.

Let’s talk economic policy…

Recently, Professor Ian Sheldon spoke with three eminent economists about some key economic issues of the day, including the views of Professor Robert Hall of Stanford University on the current slow recovery of the US economy; University of Queensland Professor John Quiggin’s thoughts on climate change and policy; and World Bank economist Dr Martin Ravallion’s recent findings on poverty and economic growth.

From Murdoch to Trollope: a familiar intrigue

By John Bowen
The Murdoch ‘phone-hacking’ affair, being investigated today by a House of Commons select committee, seems the most contemporary of stories, chock-full of hacked mobile phones, high-tech surveillance equipment and secret video-recordings. But although the technology might have changed, it is a world that would have been only too familiar to nineteenth-century author Anthony Trollope. He was as fascinated as we are by what lies behind the public face of politics: the personal passions, rivalries and love affairs, the ins and outs of office, the spectacular rises and equally rapid falls.

Government policy vs alcohol dependence

By Laura Williams
Early in 2011 the National Institute for Health and Clinical Excellence (NICE) published guidance intended to improve treatment for alcohol dependence and harmful use in England, Wales and Northern Ireland. Yet under the coalition government, the stigmatisation of alcohol dependence has worsened and become increasingly explicit in England.

A life we have reason to value

By Nigel Crisp
I suspect that most people if asked would describe the aim of the NHS as being about curing illness, helping people be healthy and providing good health services when needed. All of these are of course crucial and what the NHS does daily. I believe, however, that we need to go deeper and wider than this and suggest that the NHS shares in a wider aim to help people to have as much independence as possible so that they can live a life they have reason to value.

Rest in peace,
Troy Anthony Davis

By Elizabeth Beck
Neither Sarah nor I have met Troy Anthony Davis. I first met his family in about 2003, which was about 18 years into his death sentence when Sarah and I were working on In the Shadow of Death: Restorative Justice and Death Row Families. At the time, his sister

From ‘safety net’ to ‘trampoline’: the reform of the welfare state

By Julie MacLeavy
In recent years, governments of both the right and left have been involved in debates over the best way to deliver public services. Whereas during the post-war period it was widely accepted that state provisioning of infrastructure, health, education and social services was the best way to ensure the well being of citizens, in the latter decades of the twentieth century the market was claimed to be a better way of delivering public goods and services because it was associated with competition, economic efficiency and consumer choice. Commitment to the market entailed a qualitative shift in welfare provision, whereby welfare was based less on a model in which the state counters the market and more on a model where the state serves the market.

Taking liberties

By Susan Herman
Post-9/11 surveillance measures have made it far too easy for the government to review our personal and business records, telephone and e-mail conversations, and virtually all aspects of our lives. For example, Under the so-called “library provision” of the

The English riots and tough sentencing

By Christine Piper
The riots which occurred in London and several other major cities early in August have provoked a debate, still on-going, around a range of crucial sentencing issues. Two developments have most interested me. First has been the tension between the government and the judiciary and, second, the apparent mark-up because the offending took place in the context of a riot.

The non-fiction class action

By Andrew Trask

The non-fiction author has all kinds of worries. He may get his facts seriously wrong, in a very public forum. His books may not sell. Even if his books do sell, he may be sued for libel (the print version of slander), especially in Europe. And, in the past few years, a new threat

Making an example of rioters

By Susan Easton
In the wake of the recent riots, much attention has been given to the causes of the riots but an issue now at the forefront of press and public concern is the level of punishment being meted out to those convicted of riot-related offences. Reports of first offenders being convicted and imprisoned for thefts of items of small value have raised questions about the purposes of sentencing, the problems of giving exemplary sentences and of inconsistency, as well as the issue of political pressure on sentencers.

The justification of punishment

By Victor Tadros
When an offender commits a crime most of us think that the state is justified, and perhaps also required, to punish him or her. But punishment causes offenders a great deal of harm, it costs a lot of money, and it not only harms offenders, it also harms their family and friends. What could possibly justify doing these things?

Why history says gay people can’t marry…nor can anyone else*

By Helen Berry

I happened to be in New York at the end of June this year when the State legislature passed the Marriage Equality Act to legalise same-sex marriage. By coincidence, it was Gay Pride weekend, and a million people waved rainbow flags in the streets of Manhattan, celebrating this landmark ruling in the campaign for gay rights, and I was one of them.

What struck me as a visitor from the UK – where civil partnerships for same-sex couples have been legal since 2004 – was the way in which gay marriage is still such a divisive issue in American politics.

Still don’t understand the Affordable Care Act? You’re not alone.

I recently stumbled across the site Act of Law, on which an anonymous woman is reading the entire ACA aloud. “I will read the law for two hours each week and post videos of each reading here on this site,” she writes. “It is 906 pages long (table of contents included) and I estimate that it will take about 60 hours to read.”
The most recent video she posted covers hours 23 and 24 of this project. It appears below with permission.

Are laws requiring English signs discriminatory?

By Dennis Baron
English on business signs? It’s the law in New York City. According to the “true name law,” passed back in 1933, the name of any store must “be publicly revealed and prominently and legibly displayed in the English language either upon a window . . . or upon a sign conspicuously placed upon the exterior of the building” (General Business Laws, Sec. 9-b, Art. 131).

Failure to comply is technically a misdemeanor, but violations