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.

Reading is now 'cool': a study of English teachers' perspectives on e-reading devices as a challenge and an opportunity

E-reading devices such as The Kindle have rapidly secured a significant place in a number of societies as at least one major platform for reading. To some extent they are part of the overarching move towards a fully digitised world but they have a distinctiveness in being deliberately “book-like”. Teachers generally have some suspicion towards “New Media”, especially when it challenges their established practice and nothing dominates the school more than the physical book. What may be the challenges but also the benefits of e-readers to teachers and students? What may be the particular challenges to those teachers who are, traditionally, the guardians of the book, that is the teachers of mother tongue literature? This article reports on a survey of English teachers in England to gauge their reactions to e-readers, both personally and professionally and describes their speculations about the place of e-readers in schools in the future. There is a mixed reaction with some teachers concerned about the demise of the book and the potential negative impact on reading. However, the majority welcome e-readers as a dynamic element within the reading environment with particular potential to enthuse reluctant readers and those with special or linguistic needs. They also, some grudgingly, view the fact that reading using this form of technology appeals to the “e-generation” and may succeed in making reading “cool”. This form of technology is, ironically (given that it appears to threaten traditional books) likely to be rapidly adopted in classrooms.

Life at university with Asperger syndrome: a comparison of student and staff perspectives

Although increasing numbers of students with disabilities are accessing higher education, there is relatively little information about the needs of students with Asperger syndrome. Crucially, students themselves have rarely been included in research examining their needs or the supports they might find helpful. Three focus groups, one with students with Asperger syndrome and two with staff were conducted to explore the challenges, barriers and supports to students’ successful progress though one university in the UK. Thematic analysis revealed some key differences between staff and student perspectives, particularly with regard to impact of sensory sensitivities and daily life difficulties on academic progress. Students and staff also held differing views about what is helpful, relating to disclosure of diagnosis and the value of formal social supports. The study highlights the importance of developing services beyond traditional academic supports that students with Asperger syndrome themselves feel are valuable.

Enhancing fieldwork learning with technology: practitioner's perspectives

This research paper reports the findings from an international survey of fieldwork practitioners on their use of technology to enhance fieldwork teaching and learning. It was found that there was high information technology usage before and after time in the field, but some were also using portable devices such as smartphones and global positioning system whilst out in the field. The main pedagogic reasons cited for the use of technology were the need for efficient data processing and to develop students' technological skills. The influencing factors and barriers to the use of technology as well as the importance of emerging technologies are discussed.

What (science for) adaptation to climate change in Colombian agriculture? A commentary on “A way forward on adaptation to climate change in Colombian agriculture: perspectives towards 2050” by J. Ramirez-Villegas, M. Salazar, A. Jarvis, C. E. Navarro-Valcines.

Climate change is putting Colombian agriculture under significant stress and, if no adaptation is made, the latter will be severely impacted during the next decades. Ramirez-Villegas et al. (2012) set out a government-led, top-down, techno-scientific proposal for a way forward by which Colombian agriculture could adapt to climate change. However, this proposal largely overlooks the root causes of vulnerability of Colombian agriculture, and of smallholders in particular. I discuss some of the hidden assumptions underpinning this proposal and of the arguments employed by Ramirez-Villegas et al., based on existing literature on Colombian agriculture and the wider scientific debate on adaptation to climate change. While technical measures may play an important role in the adaptation of Colombian agriculture to climate change, I question whether the actions listed in the proposal alone and specifically for smallholders, truly represent priority issues. I suggest that by i) looking at vulnerability before adaptation, ii) contextualising climate change as one of multiple exposures, and iii) truly putting smallholders at the centre of adaptation, i.e. to learn about and with them, different and perhaps more urgent priorities for action can be identified. Ultimately, I argue that what is at stake is not only a list of adaptation measures but, more importantly, the scientific approach from which priorities for action are identified. In this respect, I propose that transformative rather than technical fix adaptation represents a better approach for Colombian agriculture and smallholders in particular, in the face of climate change.

Safe construction through design: perspectives from the site team

How does the work of designers impact on the safety of operatives at the construction site? Safety research and policy emphasize the importance of designing for safe construction, yet the interface between design and construction is poorly understood: accidents have multiple causes making it hard to establish causal links between design choices and safety outcomes. An in-depth case study of a major station project examines how professionals on the construction site perceive and manage the safety challenges of a building design. Analyses reveal understandings that, on the project studied, design has an impact on safety because of: (1) the timing of design work, where the volume of late design changes increased the difficulty of planning safe procedures, e.g. for working at height, lifting heavy items, refurbishing and demolishing old buildings; and (2) inputs from design stakeholders with insufficient practical knowledge of construction and operation required unplanned work-arounds, e.g. to coordinate different sub-systems, provide maintenance access, and manage loads during construction. These findings suggest that safety suffers where projects are under-designed, and that alongside regulation, there is a need for robust management attention to the contractual structures, incentives, processes and tools that enable clients and designers to understand material practices of construction and operation.