Kiobel v. Royal Dutch Petroleum: Delineating the Bounds of the Alien Tort Statute

This commentary previews the upcoming Supreme Court case, Kiobel v. Royal Dutch Petroleum Co., in which the Court will address questions regarding the Alien Tort Statute and its applicability to foreign conduct and foreign litigants. The case will require the Court to reexamine the bounds of a long-ago established tort doctrine in light of more modern considerations and developments in international law

Why Originalism Won’t Die - Common Mistakes in Competing Theories of Judicial Interpretation

In the debate over proper judicial interpretation of the law, the doctrine of Originalism has been subjected to numerous seemingly fatal criticisms. Despite the exposure of flaws that would normally bury a theory, however, Originalism continues to attract tremendous support, seeming to many to be the most sensible theory on offer. This Article examines its resilient appeal (with a particular focus on Scalia’s Textualism). By surveying and identifying the fundamental weaknesses of three of the leading alternatives to Originalism (Popular Will theory, Dworkin’s value theory, and Judicial Minimalism), the Article demonstrates that the heart of Originalism’s appeal rests in its promise of objectivity. The Article also establishes, however, that Originalism suffers from a misguided conception of what objectivity is. All camps in this debate, in fact, suffer from serious misunderstandings of the nature of objectivity

No. 22: South African Government and Civil Society Responses to Zimbabwean Migration

This policy brief discusses a key paradox in relation to Zimbabwean migration into South Africa. While Zimbabwean migration since 2000 has been the largest concentrated flow in South African history, South Africa’s reaction to this movement has been characterised by the attempt to continue with ‘business as usual’ and ‘no crisis’ responses.1 Compared with most other developed and developing countries, where an inflow of tens or hundreds of thousands of people is usually treated as a political crisis, such a non-response to over a million immigrants requires explanation. The lack of commensurate responses is especially noticeable within the various departments of the South African government, but also within much of organised civil society. The scale and range of responses has addressed neither the scale nor the specific nature of Zimbabwean migration.2 In practice, therefore, addressing migrant needs and migration impacts is left to social networks among Zimbabweans, (often poor) South African citizens and local level public service providers such as local clinics. As a result of this fragmented and inadequate set of responses there are two major gaps: firstly between the needs of Zimbabwean migrants and the formal institutional frameworks and services provided to them, and secondly between the impacts of Zimbabwean migration on South African society and its ability to manage these impacts. There has been increasing documentation of Zimbabwean migrants’ welfare needs in South Africa (Bloch 2005; Zimbabwe Torture Victims Project 2005; Makina 2007; CoRMSA 2008; Human Rights Watch 2008). However, in parallel to the lack of coherent government and civil society responses to Zimbabwean migration, there has been a relative dearth of academic or think-tank documentation or analysis of these responses, and indeed of the implications of non-response for South Africa (Polzer 2008). Crucially, there has been no serious research on the dispersed and privatised responses by Zimbabwean networks and South African citizens, even though the aggregate impact of these actors is likely to be at least as significant, if not more so, than formal responses

Groups with poly-context-free word problem

We consider the class of groups whose word problem is poly-context-free; that is, an intersection of finitely many context-free languages. We show that any group which is virtually a finitely generated subgroup of a direct product of free groups has poly-context-free word problem, and conjecture that the converse also holds. We prove our conjecture for several classes of soluble groups, including metabelian groups and torsion-free soluble groups, and present progress towards resolving the conjecture for soluble groups in general. Some of the techniques introduced for proving languages not to be poly-context-free may be of independent interest.Comment: 38 pages, no figure

Integrating Deconstruction and Recycling Into the Demolition Process in Buffalo, NY

Buffalo’s Comprehensive Plan currently calls for the demolition of 10,000 buildings over a period of ten years. While demolition contractors may recycle a small percentage of the waste created from demolitions, the process generates a great deal of waste that ends up in landfills. Many of the materials that are thrown away after a building is demolished are either reusable or recyclable. In order to lessen the negative environmental impact of building demolition, Buffalo needs to encourage demolition contractors to reuse and recycle more building materials. Even more effective than encouragement is requirement. Buffalo should require a minimum level of recycling in all its demolition contracts

The Internal and External Affects of a Governor\u27s State Budget Cuts on the Department of Child Welfare

State budget cuts reduce the resources available to the Department of Child Welfare. The Child Welfare Unit has had an increase in caseloads and a decrease in workers, resulting in an increase in caseloads for the remaining workers. In January 2009, the Department of Child Welfare made a transition with a community wide initiative to a more family directed all inclusive, team approach to service provision. The State was divided into four Initiative Regions, with a lead agency in each. This research examines areas of success, changes in staff responsibilities, changes in clients’ participation in services and barriers to the success of this initiative through interviews with Region Directors. Findings reveal that staff is likely to experience a more client directed approach, and clients are likely to experience more collaborative, family driven, services. To ensure the success of this initiative there needs to be dedication and an effort to involve a growing portion of community agencies. The potential barriers to the success are lack of clarification of roles and responsibilities within the partnerships and unanswered questions. The Directors are feeling support from the Department of Child Welfare and view this partnership as integral to a real systems change. The continued success of this initiative relies on working together and learning through democratic debate