Judicial intervention in the affairs of unincorporated religious associations in New South Wales

The leading Australian High Court case of Cameron v Hogan (1934) 51 CLR 358 confirmed that associations which are 'social, sporting, political, scientific, religious, artistic or humanitarian in character’, and not formed ‘for private gain or material advantage’, are usually formed on a basis of mutual consent. Unless there is some clear, positive indication that the members wish to relate to each other in a legal fashion, the rules of the association will not be treated as an enforceable contract in contrast to the rules of incorporated bodies. Australian unincorporated associations experiencing internal disputes, like those in most other common law jurisdictions, have found courts reluctant to provide a remedy unless there is a proprietary interest or trust to protect. This is further compounded by the judicial view that an unincorporated association has no legal recognition as a ‘juristic person’. The right to hold property and the ability to sue and be sued are incidences of this recognition. By contrast, the law recognises ‘artificial’ legal persons such as corporations, who are given rights to hold property and to sue and be sued. However, when a number of individuals associate together for a non-commercial, lawful purpose, but not by way of a corporate structure, legal recognition ‘as a group’ is denied. Since 1934, a significant number of cases have distinguished or otherwise declined to follow this precedent of the High Court. A trenchant criticism is found in McKinnon v Grogan [1974] 1 NSWLR 295, 298 where Wootten J said that ‘citizens are entitled to look to the courts for the same assistance in resolving disputes about the conduct of sporting, political and social organisations as they can expect in relation to commercial institutions’. According to Wootten J at 298, if disputes are not settled by the courts, this would create a ‘legal-no-man's land, in which disputes are settled not in accordance with justice and the fulfilment of deliberately undertaken obligations, but by deceit, craftiness, and an arrogant disregard of rights’. Cameron v Hogan was decided in 1934. There is an increasing volume of first instance cases which distinguish or, in the words of Palmer J, ‘just pay lip service’ to this High Court decision. (Coleman v Liberal Party of Australia (2007) 212 FLR 271, 278). The dissenting cases seem to call for a judicial policy initiative. This would require recognition by judges that voluntary associations play a significant role in society and that members have a legitimate, enforceable expectation that the rules of the association will be observed by members and in the last resort, enforced by the courts without the need to prove contractual intention, the existence of a trust or the existence of a right of a proprietary nature. This thesis asks: what legal, as distinct from political, redress does an ordinary member have, when a rule is made or a process followed which is contrary to the underlying doctrines and philosophies embodied in the constitutional documents of an unincorporated religious association? When, if at all, will a court intervene to ensure doctrinal purity or to supervise the daily life of a large unincorporated religious association? My research objective is to examine and analyse leading cases and relevant legislation on the enforceability of the constitutions of large, unincorporated, religious associations with particular reference to the Anglican Church in New South Wales. Given its numerical size, wide geographical spread and presence since the foundation of New South Wales, the Anglican Church in New South Wales, contains a sufficient variety of ‘real life’ situations to be representative of the legal issues posed by Cameron v Hogan which may be faced by other large, unincorporated, religious associations in New South Wales. In contemporary society, large, unincorporated, religious associations play an important community role. The resolution of internal disputes in such associations should not remain captive to legal doctrines of an earlier age.

Diversity of estuarine movements of striped bass (Morone saxatilis): a synoptic examination of an estuarine system in southern New Jersey

We determined the dis-tribution of multiple (n=68; 508−978 mm total length [TL]) striped bass (Morone saxatilis) along the estua-rine salinity gradient in the Mullica River−Great Bay in southern New Jersey over two years to determine the diversity of habitat use and the movements of striped bass. Ultrasoni-cally tagged fish were detected in this estuarine area by means of wireless hydrophones deployed at four gates inside the entrance of the study area and farther up to tidal freshwater (38 km). Numerous individuals frequently departed and returned to the estuary, primarily in the spring and late fall over periods of 15−731 days at liberty. The period of residency and degree of movement of individuals to and from the estuary varied extensively among seasons and years. The diversity of movements in and out of, as well as within, the estuary differed from the less-complex patterns reported in earlier studies, perhaps because of the comprehensive and synoptic nature of this study.

A Brief Interpretation of Summer Flounder, Paralichthys dentatus, Movements and Stock Structure with New Tagging Data on Juveniles

Summer flounder, Paralichthys dentatus, are managed as a single stock along the Atlantic coast from the U.S.– Canada border to the southern border of North Carolina. Justification of the single-stock approach is based on lack of genetic evidence for multiple stocks and the difficulty presented by managing the species from Cape Hatteras to the U.S.–Canada border. In this review, we present an interpretation of various morphometric, meristic, biochemical, and tagging studies, published and unpublished, that indicate the presence of two, or possibly three, distinct stocks in the management area. In addition, we have included new data from a tagging study that was conducted on juveniles from Virginia that aids in defining the stock(s) north of Cape Hatteras. Summer flounder, overfished for the past two decades, is recovering, and reconsideration of proposed stock structure could have direct implications for management policy decisions.

Key issues in the study of new and alternative social movements in Spain: The Left, Identity and Globalizing Processes

This article highlights the importance of dedicating a whole special issue on New and Alternative Social movements in Spain. It sets the basis for this endeavour by emphasizing the importance of the 2004, unexpected, electoral victory of the Spanish socialists, and the subsequent satisfaction of the important demands promoted by certain social movements actors and Spanish society in general (the withdrawal of Spanish troops from Iraq, the cancellation of the National Hydrological Plan and the Legalization of same sex marriages. The view supported is that these developments signify the end of a protest cycle, which could have the same effect with the early 1980s socialist victory. After a discussion around the low associationalism that characterizes Spanish society and recent experience of authoritarianism, it is suggested that it is time for the study of new and alternative social movements in Spain and other south European societies to move beyond the emphasis on exceptionality but appreciate differences by focusing on the available political opportunities and the identity of social movement actors. The remainder of the article is dedicated to introducing the contributing articles.

New and Alternative Social Movements in Spain: The Left, Identity and Globalizing Processes

This collection offers a diachronic analytical study of new and alternative social movements in Spain from the democratic transition to the first decade of the 21st century, paying attention to anti-war mobilizations and the use of new technologies as a mobilizing resource. New and alternative social movements are studied through the prism of identified linkages among the left, movement identities and global processes in the Spanish context. Weight is given to certain important historical aspects, like Spain’s relatively recent authoritarian past, and certain value-added factors, such as the weak associationalism and materialism exhibited by the Spanish public. These are complemented by exploring insights offered by key theoretical approaches on social movements (political opportunities structures, resource mobilization). The volume covers established social movement cases (gender, peace, environmental movements) as well as those with a more explicit connection to the current context of global contestation (squatters’ and anti-globalization movements).

Becoming a written word: eye movements reveal order of acquisition effects following incidental exposure to new words during silent reading

We know that from mid-childhood onwards most new words are learned implicitly via reading; however, most word learning studies have taught novel items explicitly. We examined incidental word learning during reading by focusing on the well-documented finding that words which are acquired early in life are processed more quickly than those acquired later. Novel words were embedded in meaningful sentences and were presented to adult readers early (day 1) or later (day 2) during a five-day exposure phase. At test adults read the novel words in semantically neutral sentences. Participants’ eye movements were monitored throughout exposure and test. Adults also completed a surprise memory test in which they had to match each novel word with its definition. Results showed a decrease in reading times for all novel words over exposure, and significantly longer total reading times at test for early than late novel words. Early-presented novel words were also remembered better in the offline test. Our results show that order of presentation influences processing time early in the course of acquiring a new word, consistent with partial and incremental growth in knowledge occurring as a function of an individual’s experience with each word.

New records and distribution extensions of three species of Mesoclemmys Gray, 1863 (Testudines: Chelidae) in Mato Grosso state, Brazil, with observations on terrestrial movements

Distribution patterns of most of the 20 Neotropical freshwater turtles belonging to the family Chelidae are usually based on few locality records. We here report on vouchered records of three species of the chelid genus Mesoclemmys in the Brazilian state of Mato Grosso. Presence of M. vanderhaegei is confirmed for the Amazon River Basin, and M. gibba and M. raniceps are recorded in Mato Grosso for the first time. © 2012 Check List and Authors.

Movements of satellite-monitored humpback whales from New Caledonia

Knowledge of the local and migratory movements of humpback whales (Megaptera novaeangliae) from New Caledonia is very limited. To investigate this topic, we attached satellite-monitored tags to 12 whales off southern New Caledonia. Tag longevity ranged from 1 to 52 days (X = 22.5 days). Tagged whales generally moved to the south or southeast, with several spending time in a previously unknown seamount habitat named Antigonia before resuming movement, generally toward Norfolk Island or New Zealand. However, 1 female with a calf traveled the entire length of the western coast of New Caledonia (~450 km) and then west in the direction of the Chesterfield Reefs, a 19th century American (“Yankee”) whaling ground. None of the New Caledonia whales traveled to or toward eastern Australia, which is broadly consistent with the low rate of interchange observed from photo-identification comparisons between these 2 areas. The connections between New Caledonia and New Zealand, together with the relatively low numbers of whales seen in these places generally, support the idea that whales from these 2 areas constitute a single population that remains small and unrecovered.

An Ardent Flame: Witness to Distant Suffering, Human Rights and Unworthy Victims in the Coverage by The New York Times and Two Journals of the Religious Left of the 1980s Civil Wars in El Salvador and Nicaragua

Scholars have investigated witness to distant suffering (WTDS) almost entirely in visual media. This study examines it in print. This form of reporting will be examined in two publications of the religious left as contrasted with the New York Times. The thesis is that, more than any technology, WTDS consists of the journalist’s moral commitment and narrative skills and the audience’s analytical resources and trust. In the religious journals, liberation theology provides the moral commitment, the writers and editors the narrative skills and trust and the special vision of the newly empowered poor the analytical foundation. In bearing witness to those who have suffered state or guerilla terrorism in El Salvador and Nicaragua during the 1980s, we will investigate a distinction between “worthy” and “unworthy victims.” This last issue has a special ethical and political significance. Media witnessing to the suffering of strangers can help them become known, and so “worthy.” It can help them, and their plight and cause, become better recognized. This is the power of the media.