Assessing the objective measures of the evolving standards of decency: the history of measuring a moving target with an elastic rulerStogner, John
2012 International Journal of Public Law and Policy
doi: 10.1504/IJPLAP.2012.045220
In the 50 years since the Supreme Court ruled that the Eight Amendment’s guarantee against cruel and unusual punishments must be interpreted using the evolving standards of decency of a maturing society, scholars have frequently argued over how those standards should be measured. Justices have assessed the contemporary standards of decency using both subjective interpretations and a variety of objective measures in death penalty cases. Different objective indicia of these standards often support conflicting conclusions. Some decisions even may have been more the result of the measure chosen than the actual morality of society. The measures used to evaluate the use of the death penalty may be largely flawed. This creates a need for the evaluation and appraisal of each objective measure in order to determine which methodology best yields results that represent the views of society. The following analysis examines the strengths and weaknesses of the objective measures used in capital cases so that future decisions may utilise the most accurate and reliable measures.
Extraterritorial jurisdiction: extending the reach of US human trafficking law when nations are unable or unwilling to prosecuteQuass, Lucas I.
2012 International Journal of Public Law and Policy
doi: 10.1504/IJPLAP.2012.045221
In arguing that extraterritorial jurisdiction should be included in the Trafficking Victims Protection Act, this article will examine the scope of the human trafficking problem and the inadequate prosecution efforts worldwide, with particular focus on the USA. Second, this article will examine the limitations of current US human trafficking law and will consider the limited instances where Congress has provided extraterritorial jurisdiction over human trafficking crimes. Thirdly, this article will examine why human trafficking crimes are under prosecuted worldwide and will argue that many nations are either unwilling or incapable of fully pursuing and prosecuting human traffickers. Finally, this article will argue that the Trafficking Victims Protection Act should be applied with extraterritorial jurisdiction as written and alternatively, that Congress should amend the Trafficking Victims Protection Act to specifically grant extraterritorial jurisdiction to US courts.
Patenting of agriculture biotechnology and food security: options and challengesSrivastava, S.P.
2012 International Journal of Public Law and Policy
doi: 10.1504/IJPLAP.2012.045222
When corporations develop new agricultural biotechnology products or processes or new crop varieties, they often seek legal rights over the intellectual property these innovations represent. However, intellectual property protection in agriculture is considered controversial because it directly confronts pre-existing systems of agriculture management that were mostly based on free exchange and on public sector involvement. There are five main issues with respect to agriculture and intellectual property. Firstly, question of patenting of life forms whose expansion constitute one of the main vehicle for the increasing role of patents in agriculture. Secondly, it has to take into consideration plant breeder‘s rights and farmers‘ rights, the two agriculture specific framework that have progressively proposed as alternatives to a system based on the free sharing of knowledge and germplasm. Thirdly, rights of sovereign nations from where biological resources are being collected by developing and developed countries for bio prospecting. Fourthly, whether genetically modified food is safe for health, and does it take into consideration environmental safety or not. Lastly, can we use agriculture biotechnology as option for food security?
The evolution of the classical ombudsman: a view from the antipodes 1Stuhmcke, Anita
2012 International Journal of Public Law and Policy
doi: 10.1504/IJPLAP.2012.045224
The traditional core functions of a classical ombudsman are the investigation of individual complaints and own motion investigations of administrative action into areas of systemic importance. The ombudsman institution is an evolving one. Classical ombudsmen are using their systemic investigation powers more frequently to improve the quality of public administration. Further, there is an increasing variety of functions, such as auditing and monitoring, which are now ascribed to the jurisdiction of ombudsmen. This article investigates the changes occurring in the scale and scope of ombudsmen functions and argues that three models of classical ombudsman may now be identified. An explanation of these models and the reasons for changes in the operation of ombudsmen is provided through the experience of the nine Australian Federal, State and Territory classical ombudsmen.
The courts’ jurisdiction over student/university disputes in AustraliaOgawa, Megumi
2012 International Journal of Public Law and Policy
doi: 10.1504/IJPLAP.2012.045225
The issue of courts’ jurisdiction when overseeing disputes between students and their universities is a complex one. Sometimes the court which apparently has jurisdiction to hear most student complaints cannot entertain a particular complaint. Even if the court exercises jurisdiction, it might not have power to grant the most appropriate remedies for the dispute between the student and their university. Furthermore, it is not always possible for students to bring an action against their university in what appears to be the most obvious jurisdiction. In this article, the choice of forum by a student when making a complaint against their university will be analysed in detail.