The Voting Rights Act, Shelby County, and Redistricting: Improving Estimates of Racially Polarized Voting in a Multiple-Election Context

The Supreme Court’s decision in Shelby County has severely limited the power of the Voting Rights Act. I argue that Congressional attempts to pass a new coverage formula are unlikely to gain the necessary Republican support. Instead, I propose a new strategy that takes a “carrot and stick” approach. As the stick, I suggest amending Section 3 to eliminate the need to prove that discrimination was intentional. For the carrot, I envision a competitive grant program similar to the highly successful Race to the Top education grants. I argue that this plan could pass the currently divided Congress.

Without Congressional action, Section 2 is more important than ever before. A successful Section 2 suit requires evidence that voting in the jurisdiction is racially polarized. Accurately and objectively assessing the level of polarization has been and continues to be a challenge for experts. Existing ecological inference methods require estimating polarization levels in individual elections. This is a problem because the Courts want to see a history of polarization across elections.

I propose a new 2-step method to estimate racially polarized voting in a multi-election context. The procedure builds upon the Rosen, Jiang, King, and Tanner (2001) multinomial-Dirichlet model. After obtaining election-specific estimates, I suggest regressing those results on election-specific variables, namely candidate quality, incumbency, and ethnicity of the minority candidate of choice. This allows researchers to estimate the baseline level of support for candidates of choice and test whether the ethnicity of the candidates affected how voters cast their ballots.

Community-based coastal resource management in Orion (Bataan, Philippines) : building community property rights in a fishing community

The Community-based Coastal Resource Management Project in Orion, Bataan, Philippines was started in 1991. The village level fishers organizations have formed a municipal-wide association called the Samahan at Ugnayan ng Pangisdaan sa Orion (SUGPO). It represents 70% of the small-scale fishers in Orion and has taken on the task of rehabilitating the degraded fishing grounds. The experience in Orion indicates that coastal resource management can be successful if the fishers have ownership of the program and the costs and benefits of the program are distributed equally in a manner acceptable to them.

International legal instruments relevant to fisheries and fishing communities : a handbook. Theme I. Human rights, food security, women and development

This handbook provides detailed information for a wide range of legal instruments relevant to fisheries and fishworkers. It covers 114 legal instruments, categorized into the following seven themes: Theme I. Human Rights, Food Security, Women and Development. Theme II. Environment and Sustainable Development. Theme III. Oceans and Fisheries Management. Theme IV. Environmental Pollution Theme V. Fishing Vessels and Safety at Sea Theme VI. Labour Theme VII. Trade The handbook also includes the working of the instruments (decision-making bodies, monitoring and implementation agencies, periodicity of meetings, rules for participation in meetings of the decision-making bodies and implementation agencies for States and non-governmental organizations), regional instrument and agencies. Apart from being a ready reckoner to the instruments, it highlights the important sections of relevance to fisheries or small-scale fisheries and fishworkers. The companion CD-ROM provides the full texts of the instruments in a searchable database. The handbook will be useful for fishworker and non-governmental organizations, and also for researchers and others interested in fisheries issues.

Asserting rights, defining responsibilities: perspectives from small-scale fishing communities on coastal and fisheries management in Cambodia

In preparation for the Workshop and Symposium on “Asserting Rights, Defining Responsibilities: Perspectives from Small-scale Fishing Communities on Coastal and Fisheries Management in Asia”, held in Siem Reap Cambodia, from 3 to 8 May 2007, case studies were undertaken in six countries in Asia—Bangladesh, Cambodia, India, Indonesia, Philippines and Thailand. Among other things, the studies aimed to document and explore the understanding that fishing communities have about their rights to fisheries and coastal resources, as well as the obligations and responsibilities associated with these rights, and to document and discuss their initiatives to assert these rights and fulfill their responsibilities. The studies formed the basis for discussions at the Workshop and Symposium. This case study from Cambodia will be found useful by NGOs, regional and national organizations of artisanal fishworkers, and anyone interested in fisheries and fishing communities in Cambodia.

Asserting rights, defining responsibilities: perspectives from small-scale fishing communities on coastal and fisheries management in the Philippines

In preparation for the Workshop and Symposium on “Asserting Rights, Defining Responsibilities: Perspectives from Small-scale Fishing Communities on Coastal and Fisheries Management in Asia”, held in Siem Reap Cambodia, from 3 to 8 May 2007, case studies were undertaken in six countries in Asia—Bangladesh, Cambodia, India, Indonesia, Philippines and Thailand. Among other things, the studies aimed to document and explore the understanding that fishing communities have about their rights to fisheries and coastal resources, as well as the obligations and responsibilities associated with these rights, and to document and discuss their initiatives to assert these rights and fulfill their responsibilities. The studies formed the basis for discussions at the Workshop and Symposium. This case study from the Philippines will be found useful by NGOs, regional and national organizations of artisanal fishworkers, and anyone interested in fisheries and fishing communities in the Philippines.

Rights first, rights forever: small-scale fisheries and fishing communities from a human-rights perspective. A collection of articles from SAMUDRA report

Small-scale and artisanal fisheries contribute about two-thirds of the global fish production destined for direct human consumption. They also accommodate over 90 per cent of those who make their living from fisheries. Women comprise at least half the workforce in small-scale fisheries. Despite the important contributions made by small-scale fisheries to poverty eradication and food security, small-scale fishers and fishworkers continue to be marginalized at different levels. It is in this context that the Committee on Fisheries (COFI) of the Food and Agriculture Organization of the United Nations (FAO) has developed the Voluntary Guidelines for Securing Sustainable Small-scale Fisheries in the Context of Food Security and Poverty Eradication (SSF Guidelines).

Problem of access and rights of fishermen to water bodies in haor areas: a case study

Meat to water ratio used for washing was 1:3 for oil sardine and mackerel; but for pink perch and croaker, it was 1:2. Again the washing process was repeated three times for oil sardine and mackerel; but two times for pink perch and croaker. The washed meat was mixed with 2.5% NaC1 and set at +5°C and +40°C for 1, 2 and 3hrs. The gel strength and expressible water content was measured. Basing on this study, setting temperature at +40°C was selected and with respect to time 1hr for sardine and mackerel and 3hrs for pink perch and croaker was selected.

The Legal Base for Human Rights Field Operations

Odello, Marco, The Legal Base for Human Rights Field Operations, In: 'The Human Rights Field Operation: Law, Theory and Practice', O'Flaherty, M. (eds), Ashgate Publishing, pp.47-67, 2007. RAE2008

Human Rights in post-devolution Wales:For Wales, See Wales?

Sherlock, A., 'Human Rights in post-devolution Wales:For Wales, See Wales?', Northern Ireland Legal Quarterly, 2006, VOL 57; NUMB 1, pages 138-155 RAE2008

Not thinking straight? A critical discourse analysis of the 2006 Irish High Court ruling in Zappone and Gilligan v. Revenue Commissioners and Attorney General

The recognition and protection of constitutional rights is a fundamental precept. In Ireland, the right to marry is provided for in the equality provisions of Article 40 of the Irish Constitution (1937). However, lesbians and gay men are denied the right to marry in Ireland. The ‘last word’ on this issue came into being in the High Court in 2006, when Katherine Zappone and Ann Louise Gilligan sought, but failed, to have their Canadian marriage recognised in Ireland. My thesis centres on this constitutional court ruling. So as to contextualise the pursuit of marriage equality in Ireland, I provide details of the Irish trajectory vis-à-vis relationship and family recognition for same-sex couples. In Chapter One, I discuss the methodological orientation of my research, which derives from a critical perspective. Chapter Two denotes my theorisation of the principle of equality and the concept of difference. In Chapter Three, I discuss the history of the institution of marriage in the West with its legislative underpinning. Marriage also has a constitutional underpinning in Ireland, which derives from Article 41 of our Constitution. In Chapter Four, I discuss ways in which marriage and family were conceptualised in Ireland, by looking at historical controversies surrounding the legalisation of contraception and divorce. Chapter Five denotes a Critical Discourse Analysis of the High Court ruling in Zappone and Gilligan. In Chapter Six, I critique text from three genres of discourse, i.e. ‘Letters to the Editor’ regarding same-sex marriage in Ireland, communication from legislators vis-à-vis the 2004 legislative impediment to same-sex marriage in Ireland, and parliamentary debates surrounding the 2010 enactment of civil partnership legislation in Ireland. I conclude my research by reflecting on my methodological and theoretical considerations with a view to answering my research questions. Author’s Update: Following the outcome of the 2015 constitutional referendum vis-à-vis Article 41, marriage equality has been realised in Ireland.

The analytical approach of the European Court of Human Rights in surveillance cases—the implications, justifications, and future of the Court’s reasoning, with a focus on the legislative impact in Ireland

A notable feature of the surveillance case law of the European Court of Human Rights has been the tendency of the Court to focus on the “in accordance with the law” aspect of the Article 8 ECHR inquiry. This focus has been the subject of some criticism, but the impact of this approach on the manner in which domestic surveillance legislation has been formulated in the Party States has received little scholarly attention. This thesis addresses that gap in the literature through its consideration of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act, 1993 and the Criminal Justice (Surveillance) Act, 2009. While both Acts provide several of the safeguards endorsed by the European Court of Human Rights, this thesis finds that they suffer from a number of crucial weaknesses that undermine the protection of privacy. This thesis demonstrates how the focus of the European Court of Human Rights on the “in accordance with the law” test has resulted in some positive legislative change. Notwithstanding this fact, it is maintained that the legality approach has gained prominence at the expense of a full consideration of the “necessary in a democratic society” inquiry. This has resulted in superficial legislative responses at the domestic level, including from the Irish government. Notably, through the examination of a number of more recent cases, this project discerns a significant alteration in the interpretive approach adopted by the European Court of Human Rights regarding the application of the necessity test. The implications of this development are considered and the outlook for Irish surveillance legislation is assessed.