Back in their proper place:: racial gerrymandering in Georgia

During this decade the United States Supreme Court has made significant rulings on constitutional challenges to representative districts purposefully drawn to empower minorities as district majorities. Arguments have set the Voting Rights Act against the Fourteenth Amendment's goal of a colorblind society. The court has generally struck down the aggressive drawing of majority–minority districts, finding them racial classifications not narrowly tailored to achieve compelling state interests. This study analyzes and evaluates these legal developments, principally through a focus upon the most recent litigation in Georgia. My thesis — that the Court has muddled the jurisprudence of representation, voting rights and racial equality because of its inability to treat politics and geography with consistency, depth, rigor and judgment — will be explored in connection with five questions. First, can compact and regular shape provide the courts with a concept to properly assess the legal issues without involving the courts in intractable and injudicious political questions? Second, does a bizarrely shaped district “broadcast” such an invidious racial message as to constitute a “stigmatic harm” which provides plaintiffs with standing to challenge the district? Third, is a district's bizarre shape critical evidence of the districters' intent to discriminate? Fourth, is “community of interest” a significantly richer criterion than shape for evaluating racial gerrymandering claims and defenses? Fifth, what is the proper legal role of traditional criteria of territorial representation as the benchmarks for distinguishing permissible from impermissible race-conscious districting?     

Hollywood,the MPAA,and the formation of anti-piracy policy

Combating piracy is fundamental to the policy ‘priorities’ of the Motion Picture Association of America, the trade association representing the major Hollywood entertainment corporations. As the MPAA implements a multitude of actions to fight piracy, it is impossible to locate the formation of the Association’s anti-piracy policy in any single source. Instead, this article sees MPAA anti-piracy policy as formed across three fronts: the legal, through anti-piracy litigation; the political, by the MPAA joining with other trade groups from across the copyright industries to lobby for stronger domestic copyright laws and influence US trade policy; and the discursive, seen in the production of statistics to evidence the value of copyright to the US economy and consequent harms caused by piracy. Examining these actions confirms the cultural and economic influence of MPAA policy but the article is also concerned with how Hollywood’s anti-piracy efforts are challenged and contested from various directions.     

Litigation against Political Organization? The Politics of Dalit Mobilization in Tamil Nadu,India

This article examines contemporary Dalit assertion in India through an ethnographic case study of a legal tool being mobilized by Tamil Nadu's lowest‐ranking Arunthathiyars in their struggle against caste‐based offences. The Arunthathiyars of western Tamil Nadu are increasingly taking recourse to the 1989 Prevention of Atrocities Act (PoA Act) in an attempt to bring members of higher castes to justice. The article explores how Arunthathiyars are employing the law and how their litigation is reshaping the politics of caste in this region. The authors document how a process of litigation by Arunthathiyars is countered by a politicization of caste by the dominant Gounders of the region, who recently entered electoral politics with a new caste‐based party. Even though the litigation route further antagonizes caste relations, it is argued that the PoA Act has provided Dalits with an invaluable tool to seek justice, democratize public space, and challenge the power of the dominant caste in the region. Dalit social movements, it is concluded, are more likely to be successful if they are backed by a legal weapon and accompanied by Dalits’ growing economic independence.     

HISTORICAL JUSTICE THROUGH REDRESS SCHEMES?

The Swedish redress scheme intended for victims of historical child abuse in out-of-home care compensated only 46% of claimants who sought economic compensation for past harms. This article explores the reasons behind this comparatively low validation rate by investigating a) how the eligibility criteria of the Redress Act were evaluated by the Redress Board; and b) the justifications and underlying values used when applications were rejected with reference to the fact that reported abuse was not deemed to be sufficiently severe according to past standards. Victim capital, which determines how vulnerable or credible a victim is perceived to be by others, as well as competence and narration, are essential aspects for this type of legal proceeding. The article demonstrates that the claimants had to traverse a complicated web of criteria to be awarded compensation. The outcomes for claimants were affected by how the past was conceptualized in this legal setting, what competences the victims themselves possessed, what competence and resources the administrative system offered, and the extent to which the decision-making process fragmented victims’ narratives.     

Legal geographies and ecological invisibility: The environmental myopia of evidence

This study shows how legal evidentiary rules intended to make trials fair also enable biodiversity loss, even in courts charged with environmental protection. The common law is premised on two types of rules. The first, substantive laws, set rules for how society should function—obstructing and punishing some behaviours while enabling and rewarding others. In contrast, procedural laws are intended to level the playing field when there is a dispute over substantive rules during litigation. This case study concerns a routine environmental dispute over land development in Sydney, Australia. It demonstrates how, by enabling courts to determine what evidence will and will not be considered, procedural rules and practices drive substantive outcomes by rendering certain places, dynamics, and connections visible and capable of judicial action while obscuring others. Specifically, the court’s efforts to use evidentiary tools to make litigation more efficient drove substantive outcomes in two ways. First, work to narrow evidence to address factual disputes also narrowed the court’s geographic scale of analysis to the property boundaries of the site, thus obscuring broader threats to a critically endangered ecological community. Second, these procedural evidentiary decisions drove substantive outcomes undermining biodiversity protection, while concealing their inherently substantive nature. Combined with the tendency of the court to use procedural informality to promote compromise between the parties, and a broader juridical treatment of intact ecological communities as species that can largely be moved at will, the evidentiary rules enabled an environmentally focused court to enable the victory of development over species protection.     

Inherited memory,social learning,and resilience: lessons from Spain's Great Blizzard of 1888

The snowstorms that affected the Cantabrian Mountains in the winter of 1888 caused unprecedented damage, and the absence of a “resilient approach” to this episode had several consequences worth further consideration. In this study, we explored interconnections between and among memory, social learning, and resilience by surveying the affected landscapes, conducting interviews with current residents, and reviewing historical sources such as press archives. The mixed method has enabled us to examine the construction and transmission of respondents' memories and to link those narratives to our reading of the presence or absence of risk mitigation actions—especially against snow avalanches. Our analysis has established that the 1888 snowstorms are remembered down the decades in ways that downplay risk, neglect social learning and changes to community practices and capacities to cope with uncertainties, and fail to shape preventive measures against future disasters. These insights have relevance for those interested in how archival research, field observations, and contemporaneous interviews can aid understandings of inherited memory, social learning, and resilience.     

The history of Australian legal opposition to Japanese Antarctic whaling

ABSTRACT

Whaling has been a consistent theme in Australia’s relations with Japan since the 1930s, Australia having endeavoured to regulate, restrict, or bring to a complete halt Japan’s Antarctic whaling virtually since it began. Australia’s motivations have been mixed, involving at various points, some combination of protection of Australia’s coastal whaling industry, concern for Australia’s security, for safeguarding Australia’s Antarctic territorial claim, and more recently, concern for Australia’s whale-watching industry and/or for the whales. Since environmental consciousness became a primary factor in the 1970s, Australian policy has been aligned with that of anti-whaling non-governmental organizations (NGOs), albeit that certain actions of NGOs have caused difficulties for the Australian Government. Law – inclusive of legal argument in the course of diplomacy, domestic laws, and international litigation – has been a mechanism of influence used by the Australian Government and NGOs. This paper traces Australia’s legal opposition from its beginnings until Japan’s announcement in December 2018 that it would end Antarctic whaling.     

Transboundary river governance and climate vulnerability: Community perspectives in Nepal’s Koshi river basin

Frequent floods in the Koshi River have left the Nepalese vulnerable to erosion and recurring inundation—especially those living on the floodplains. The situation is worsening because water flow in the river is highly uncertain, affected by rainfall in the mountains and by climate change, and influenced by the Koshi barrage, which is governed by the Koshi River Agreement, a bilateral river agreement with India. This study addresses how Koshi River governance contributes to the vulnerability of riverine communities in Nepal by drawing upon ideas about vulnerability and vulnerability mapping. A household survey and interviews were conducted in 2015 for a comparative study of people living on two river islands located upstream and downstream of the barrage. Findings remain relevant because of persistent governance challenges and growing climate change effects, escalating islanders’ vulnerability to recurrent floods. The islanders’ vulnerability was produced locally and also shaped by historical, social, economic, political, geographical, and ecological processes occurring at multiple scales. That insight highlights the need to study the broader political economy of hazard production to understand vulnerability in the context of governance.     

Issue Definition, Conflict Expansion, and Tort Reform: Lessons from the American General Aviation Industry

This article examines the concepts of issue definition and conflict expansion through an analysis of the debate over tort reform in the general aviation industry. More specifically, the article studies the efforts of the general aviation manufacturers to define the issue of tort reform in ways that strengthened their unlikely coalition with important consumer groups and minimized opposition from organized labor, which typically sides with the plaintiffs bar in the tort reform debate. The case is intriguing because it provides more than just a snapshot of the industry's efforts. The analysis begins by examining some of the manufacturers' less successful strategies and traces the evolution of their campaign, which culminates in the rather clever use of issue definition and conflict expansion strategies for which the trial lawyers were unprepared to match. In the end, effective use of these strategies overcame what appeared to most observers to he a classic political mismatch.     

Permission to Stay in “Enemy” Territory?

Muslim scholars writing about the legal situation of Muslims living under non‐Muslim rule during the seventh/thirteenth and eighth/fourteenth centuries were primarily concerned with whether Muslims should be allowed to live under non‐Muslim rule or whether they should emigrate (or go on hijra) from it. Two ?anbalī legists, Ibn Qudāma (d. 620/1223) and Ibn Mufli? (d. 763/1362), both of whom lived and wrote in Damascus (Ayyūbid and Mamlūk, respectively), address this issue in their legal works (fiqh). Their scholarship, when compared with that of the ?anbalī scholar Ibn Taymiyya (d. 728/1328), is instructive, particularly when one considers differences between these scholars’ experiences of non‐Muslim rule. A guiding question is how experience may shape (or fail to shape) a jurist's position on hijra, since the events of the time (the Crusades and, later, the Mongol invasions) forced Muslims living under non‐Muslim control to decide whether they must leave such lands. Loyalty to one's school (taqlīd) appears to have influenced the jurists most in their thinking, but experience shaped how they justified their positions on whether a Muslim must emigrate from lands under non‐Muslim control.     

Legal Manoeuvres and Violence: Law Making,Protest and Semi‐Authoritarianism in Uganda

This article explores the interplay between violent protest and the making of laws in Uganda. It advances two main arguments. First, since multipartyism was restored in 2005, the Ugandan government has repeatedly drafted intentionally contentious new laws in part to provoke, divide and politically manipulate opposition. Implementing these laws has often not appeared to be a priority; rather, drafting, debating and (sometimes) passing them represent tactical ‘legal manoeuvres’ geared towards political gain. Second, I argue that these manoeuvres can be linked to another trend since 2005: the rise in urban‐based protests and riots, which have often become violent and resulted in aggressive crackdowns by the state. In bringing these trends together, this article argues that the use of legislative processes as part of a strategic repertoire to destabilize political opposition has exacerbated unrest, especially among urban dwellers. Moreover, in response to rising protest the government has engaged in further legal manoeuvring. The analysis suggests that the semi‐authoritarian nature of the regime in power, where the symbolic importance of the legislature and relatively free media contend with fundamentally authoritarian tendencies at the centre, is propagating this cycle of legal manoeuvres and violence.     

Thick Decisions: Expertise,Advocacy and Reasonableness in the Federal Court of Australia

Drawing from the litigation around the Hindmarsh Island Bridge (especially Chapman v Luminis Pty Ltd 2001) this article provides an analysis of judicial responses to anthropological expertise. Sensitive to the institutional responsibilities of judges, as well as rules of evidence, procedures and legal causes of action, it examines the strategic representation and appropriation of anthropological knowledge and practice. In exploring the relations between law and expertise the article illustrates how their combination shapes outcomes. In the process it explains how the judge could have produced a range of (in)consistent outcomes through the modulation of legal categories and their relations with prevalent images of anthropological expertise. This analysis positions the article to critically reflect on some of the implications for anthropologists working in and around legal or quasi‐legal settings as well as those commenting on that participation.     

“Security,mobility, and the body – Syrian insurgent groups’ infrastructures and their geopolitical contestations through/by/in legal institutions”

Political geographers have repeatedly demonstrated how the ‘global war on/of terror’ has led to repressive and unjust international and domestic policies. Nevertheless, little has been said about the multifold intertwinements between such ‘Western’ perceptions and their shaping of anti-terrorism efforts within. To this end, this paper draws on recent feminist understandings of scale, global/local processes, and geopolitics, suggesting how these might be combined with current European participations in Syria, and its legal prosecution as ‘state-endangering actions.’ By visiting the sites where issues on security, mobility, and their interrelated body actions have been negotiated, I deploy an intersectional and multi-scalar analysis of how a layered system of gender-rendered and racialized patterns intersects with/in Germany's legal institutions combating terrorism wherever it may occur as well as the way multifold and different modes of support and logistics have been carried out through the European Schengen Area to Syria. Combining both feminist geopolitics and the vibrant work of (feminist) geolegalities, I offer another way of redressing Hyndman's call (2019) for expanding the tent of feminist geopolitics by not reversing the former, but through refocusing on embodied and material power-geometries and (legally) interconnected sites of an Islam-rendered, Western state-defined ‘war on/of terrorism’ simultaneously.     

Artistic identities and professional strategies: Francophone musicians in France and Britain

This article will focus on the ways in which musicians of North African origin—either born in North Africa or in France and living in France and Britain—define their musical and artistic identities in relation to their national origins, place of birth, migration trajectories and location in which they perform their music. In particular, the article will focus on how perceptions of musicians’ national and post-migrant identities vary according to their location on either side of the Channel but also according to how the musicians themselves choose to present their music, depending on whether they are based in France or Britain. In addition to the individual strategies adopted by musicians, the article also considers how the shifting socio-political contexts in post-9/11 France and Britain have affected the choices and opportunities available to artists of North African origin in both national contexts.     

婚内侵权损害赔偿制度建构之探析

目前,学界对婚内侵权的概念界定差别持不同的观点,尤其是对婚内侵权客体的界定存在争议。这使建构婚内侵权损害赔偿制度受到影响。笔者认为,应正视这一问题,厘清婚内侵权损害赔偿责任与离婚损害赔偿责任,处理好请求权的竞合问题;明确婚内侵权损害赔偿行为的类型,把握适用条件,从而构建适合我国国情的婚内损害赔偿制度。     

Legal Geographies of Intellectual Property, ‘Traditional’ Knowledge and Biodiversity: Experiencing Conventions,Laws, Customary Law,and Karma in Thailand

This article explores the existence of customary laws relating to ‘traditional’ knowledge of plants in Thailand through micro‐ethnographic case studies. This is juxtaposed against global and national frameworks of intellectual property laws that have a privatising effect on knowledge under the rubric of discovery or ‘invention’, as well as liability rights approaches of compensation and benefit‐sharing for research access. By understanding scale and legal jurisdiction as socially and politically constructed phenomena, we explore how laws at different scales and in different jurisdictions may override each other, discriminate against foreign laws and practices, and ignore customary laws. In doing so, the paper presents complex legal geographies of plants and associated knowledge, which suggest that the customary laws and norms of Indigenous groups and traditional healers are often ignored by ‘outsiders’. The paper notes that the possibility of ‘injury’ to traditional healers remains considerable without appropriate consent and given the discriminations surrounding knowledge made by patent laws. However, the ethnographies also point to the possibility of local remedies to these injuries through ritual processes, and we note resistant co‐constitutions of law and scale through the Nagoya Protocol.     

People in Between: Conversion and Conservation of Forest Lands in Thailand

The analysis of ‘ambiguous lands’ and the people who inhabit them is most revealing for understanding environmental deterioration in Thailand. ‘Ambiguous lands’ are those which are legally owned by the state, but are used and cultivated by local people. Land with an ambiguous property status attracts many different actors: villagers hungry for unoccupied arable lands in the frontiers; government departments looking for new project sites; and conservation agencies searching for new areas to be protected. This article shows, first, how two types of ambiguous land — state‐owned but privately‐cultivated land, and communal lands — were created. It then examines how the Karen, one of the hill peoples living on the ambiguous lands, have been struggling to survive between the forces of capitalistic development and forest conservation. Using a detailed study of forest use and dependency conducted in two Karen villages, I argue that the state’s efforts to reduce the Karen’s forest dependency, or even to evict them from the forests, are not leading to the stated objective of conservation. Finally, I draw some wider implications with reference to James Scott’s thesis on state simplification.     

Indigenous Legal Principles: A Reparation Path for Canada’s Cultural Genocide

ABSTRACT

This article argues that Canada’s justice system and the lawyers that operate within it are ill prepared to comprehend or reconcile the relationship between colonial legal systems and indigenous systems of law. They do not get training in indigenous law, so vital to crafting appropriate reparations for the wrongs justified by colonial practices and prejudices, and that could open doors to reconciliation and healing. The example used in this article to illustrate how the two systems of law could successfully interact is the historic Indian Residential School Settlement – the largest settlement in Canadian history, almost entirely based on Indigenous law and legal theory, and harmonized in part with principles of the common law of tort. The Indian Residential School Settlement proves that in post-colonial societies western frameworks lack the tools necessary to remediate injuries motivated by systemic discrimination, which, in this case, was cultural genocide. Different perspectives and legal theories are necessary to craft appropriate reparations and the processes used to achieve them. Unless indigenous laws, traditions, and practices are central to the design and implementation of reparations, state responses to the cultural genocide perpetrated against indigenous peoples in Canada will not open pathways to either healing or reconciliation.     

The Politics of Disciplining Water Rights

This article examines how the legal systems of Andean countries have dealt with the region's huge plurality of local water rights, and how official policies to ‘recognize’ local rights and identities harbour increasingly subtle politics of codification, confinement and disciplining. The autonomy and diversity of local water rights are a major hindrance for water companies, elites and formal rule‐enforcers, since State and market institutions require a predictable, uniform playing field. Complex local rights orders are seen as irrational, ill‐defined and disordered. Officialdom cannot simply ignore or oppress the ‘unruliness and disobedience’ of local rights systems: rather it ‘incorporates’ local normative orders that have the capacity to adequately respond to context‐based needs. This article examines a number of evolving, overlapping legal domination strategies, such as the ‘marrying’ of local and official legal systems in ways that do not challenge the legal and power hierarchy; and reviews the ways in which official regulation and legal strategies deny or take into consideration local water rights repertoires, and the politics of recognition that these entail. Post‐colonial recognition policies are not simply responses to demands by subjugated groups for greater autonomy. Rather, they facilitate the water bureaucracy's political control and help neoliberal sectors to incorporate local water users’ rights and organizations into the market system — even though many communities refuse to accept these policies of recognition and politics of containment.     

Pram mobilities: affordances and atmospheres that assemble childhood and motherhood on-the-move

The child-friendly city advocates for children's ‘right to the city’. Much of this advocacy focuses on the independent child, with little attention paid to the accompanied experiences of younger children, such as those travelling in prams. This paper draws on a material feminist perspective to help address this gap. We offer the concept of mother–child–pram assemblage to bring to the fore the corporeal dimensions of everyday pram journeys. By analysing sensory ethnographic materials collected with mothers and young children living in Wollongong, Australia, this paper highlights how the ‘affective affordances’ and ‘affective atmospheres’ of pram mobilities shape urban experience by reference to how motherhood and childhood are achieved on-the-move. We conclude with policy-relevant insights for the child-friendly city.