Legal outlier, again? U.S. felon suffrage: comparative and international human rights perspectives

The judiciousness of American felon suffrage policies has long been the subject of scholarly debate, not least due to the large number of affected Americans: an estimated 5.3 million citizens are ineligible to vote as a result of a criminal conviction. This article offers comparative law and international human rights perspectives and aims to make two main contributions to the American and global discourse. After an introduction in Part I, Part II offers comparative law perspectives on challenges to disenfranchisement legislation, juxtaposing U.S. case law against recent judgments rendered by courts in Canada, South Africa, Australia, and by the European Court of Human Rights. The article submits that owing to its unique constitutional stipulations, as well as to a general reluctance to engage foreign legal sources, U.S. jurisprudence lags behind an emerging global jurisprudential trend that increasingly views convicts’ disenfranchisement as a suspect practice and subjects it to judicial review. This transnational judicial discourse follows a democratic paradigm and adopts a “residual liberty” approach to criminal justice that considers convicts to be rights-holders. The discourse rejects regulatory justifications for convicts’ disenfranchisement, and instead sees disenfranchisement as a penal measure. In order to determine its suitability as a punishment, the adverse effects of disenfranchisement are weighed against its purported social benefits, using balancing or proportionality review. Part III analyzes the international human rights treaty regime. It assesses, in particular, Article 25 of the International Covenant on Civil and Political Rights (“ICCPR”), which proclaims that “every citizen” has a right to vote without “unreasonable restrictions.” The analysis concludes that the phrase “unreasonable restrictions” is generally interpreted in a manner which tolerates certain forms of disenfranchisement, whereas other forms (such as life disenfranchisement) may be incompatible with treaty obligations. This article submits that disenfranchisement is a normatively flawed punishment. It fails to treat convicts as politically-equal community members, degrades them, and causes them grave harms both as individuals and as members of social groups. These adverse effects outweigh the purported social benefits of disenfranchisement. Furthermore, as a core component of the right to vote, voter eligibility should cease to be subjected to balancing or proportionality review. The presumed facilitative nature of the right to vote makes suffrage less susceptible to deference-based objections regarding the judicial review of legislation, as well as to cultural relativity objections to further the international standardization of human rights obligations. In view of this, this article proposes the adoption of a new optional protocol to the ICCPR proscribing convicts’ disenfranchisement. The article draws analogies between the proposed protocol and the ICCPR’s “Optional Protocol Aiming at the Abolition of the Death Penalty.” If adopted, the proposed protocol would strengthen the current trajectory towards expanding convicts’ suffrage that emanates from the invigorated transnational judicial discourse.

The MaPS project: mapping teacher conceptions of musical development

The chapter starts from the premise that an historically- and institutionally-formed orientation to music education at primary level in European countries privileges a nineteenth century Western European music aesthetic, with its focus on formal characteristics such as melody and rhythm. While there is a move towards a multi-faceted understanding of musical ability, a discrete intelligence and willingness to accept musical styles or 'open-earedness', there remains a paucity of documented evidence of this in research at primary school level. To date there has been no study undertaken which has the potential to provide policy makers and practitioners with insights into the degree of homogeneity or universality in conceptions of musical ability within this educational sector. Against this background, a study was set up to explore the following research questions: 1. What conceptions of musical ability do primary teachers hold a) of themselves and; b) of their pupils? 2. To what extent are these conceptions informed by Western classical practices? A mixed methods approach was used which included survey questionnaire and semi-structured interview. Questionnaires have been sent to all classroom teachers in a random sample of primary schools in the South East of England. This was followed up with a series of semi-structured interviews with a sub-sample of respondents. The main ideas are concerned with the attitudes, beliefs and working theories held by teachers in contemporary primary school settings. By mapping the extent to which a knowledge base for teaching can be resistant to change in schools, we can problematise primary schools as sites for diversity and migration of cultural ideas. Alongside this, we can use the findings from the study undertaken in an English context as a starting point for further investigation into conceptions of music, musical ability and assessment held by practitioners in a variety of primary school contexts elsewhere in Europe; our emphasis here will be on the development of shared understanding in terms of policies and practices in music education. Within this broader framework, our study can have a significant impact internationally, with potential to inform future policy making, curriculum planning and practice.

Competing priorities: Singapore teachers’ perspectives on critical literacy

This paper explores a group of Singaporean English language teachers’ knowledge and beliefs about critical literacy as well as their perspectives on how best to teach literacy and critical literacy in Singapore schools. A face-to-face survey was conducted among 58 English language teachers by using open-ended questions. The survey covered various topics related to literacy instruction including text decoding, meaning construction, and critical analysis of texts. The participating teachers believed strongly that reading and writing are transactional and interactional practices. However, they were less certain in their beliefs about teaching critical literacy including the critical, analytical and evaluative aspects of text reading. Some teachers saw a conflict between using time on teaching critical literacy and preparing students to pass their exams. As critical literacy is not a requirement at exams, they found it difficult to justify using time teaching it. The results suggest that the teachers’ belief systems are strongly influenced by the broad macrostructure of the educational system in Singapore and their own educational experiences.

Establishing Lagrangian connections between observations within air masses crossing the Atlantic during the International Consortium for Atmospheric Research on Transport and Transformation experiment

The ITCT-Lagrangian-2K4 (Intercontinental Transport and Chemical Transformation) experiment was conceived with an aim to quantify the effects of photochemistry and mixing on the transformation of air masses in the free troposphere away from emissions. To this end, attempts were made to intercept and sample air masses several times during their journey across the North Atlantic using four aircraft based in New Hampshire (USA), Faial (Azores) and Creil (France). This article begins by describing forecasts from two Lagrangian models that were used to direct the aircraft into target air masses. A novel technique then identifies Lagrangian matches between flight segments. Two independent searches are conducted: for Lagrangian model matches and for pairs of whole air samples with matching hydrocarbon fingerprints. The information is filtered further by searching for matching hydrocarbon samples that are linked by matching trajectories. The quality of these "coincident matches'' is assessed using temperature, humidity and tracer observations. The technique pulls out five clear Lagrangian cases covering a variety of situations and these are examined in detail. The matching trajectories and hydrocarbon fingerprints are shown, and the downwind minus upwind differences in tracers are discussed.

New perspectives on the Northern Hemisphere winter storm tracks

The aim of this paper is to explore the use of both an Eulerian and system-centered method of storm track diagnosis applied to a wide range of meteorological fields at multiple levels to provide a range of perspectives on the Northern Hemisphere winter transient motions and to give new insight into the storm track organization and behavior. The data used are primarily from the European Centre for Medium-Range Weather Forecasts reanalyses project extended with operational analyses to the period 1979-2000. This is supplemented by data from the National Centers for Environmental Prediction and Goddard Earth Observing System 1 reanalyses. The range of fields explored include the usual mean sea level pressure and the lower- and upper-tropospheric height, meridional wind, vorticity, and temperature, as well as the potential vorticity (PV) on a 330-K isentropic surface (PV330) and potential temperature on a PV = 2 PVU surface (theta(PV2)). As well as reporting the primary analysis based on feature tracking, the standard Eulerian 2-6-day bandpass filtered variance analysis is also reported and contrasted with the tracking diagnostics. To enable the feature points to be identified as extrema for all the chosen fields, a planetary wave background structure is removed at each data time. The bandpass filtered variance derived from the different fields yield a rich picture of the nature and comparative magnitudes of the North Pacific and Atlantic storm tracks, and of the Siberian and Mediterranean candidates for storm tracks. The feature tracking allows the cyclonic and anticyclonic activities to be considered seperately. The analysis indicates that anticyclonic features are generally much weaker with less coherence than the cyclonic systems. Cyclones and features associated with them are shown to have much greater coherence and give tracking diagnostics that create a vivid storm track picture that includes the aspects highlighted by the variances as well as highlighting aspects that are not readily available from Eulerian studies. In particular, the upper-tropospheric features as shown by negative theta(PV2), for example, occur in a band spiraling around the hemisphere from the subtropical North Atlantic eastward to the high latitudes of the same ocean basin. Lower-troposphere storm tracks occupy more limited longitudinal sectors, with many of the individual storms possibly triggered from the upper-tropospheric disturbances in the spiral band of activity.