Abstract. In this paper I shall take an inferential approach to legality (legal validity), and consider how the legality of a norm can be inferred, and what can be inferred from it. In particular, I shall analyse legality policies, namely, conditionals conferring the quality of legality upon norms having certain properties, and I shall examine to what extent such conditionals need to be positivistic, so that legality is only dependant on social facts. Finally, I shall consider how legality is (...) transmitted from norm to norm and whether the ultimate legality policies (the rules of recognition) of a legal system need to be constituted by social facts. (shrink)

The installation in a society of ad hoc and contradictory legal policies over a foundation of equal liberty and justice under the rule of law results in social disorder. When these policies reflect economic interests, A feudal-Like form of economic determinism begins to close in. This in turn breeds inequalities, Frustrated expectations, Political favoritism and authoritarianism. Further, The 'success' of such policies in terms of visible changes in the social order cannot in principle be known. The paper demonstrates these (...) social disorders in terms of a current american mandate called 'reverse discrimination' which coerces industries and universities to favor and promote the economic and educational interests of some persons over others. (shrink)

Empirical legal research seeks to understand and explain how law works in the real world. Empirical research on law has become a recognized part of the social science research environment and the results of empirical research are central to an academic analysis of law. This article begins by offering some reflections on the relationship between research and government. It considers examples of empirical research on law influencing policy-making and reflects briefly on what these case studies suggest about the (...) relationship between empirical research on law and the policy-making process. Following this, it seeks to identify the factors that need to be addressed to ensure that the research and policy-making process is as strong and integrated as possible. In the end, the article argues that researchers and policy-makers should consciously work toward the development of a strategic program of empirical research on law, justified for its wider potential impact on society. (shrink)

. Foreign policy by indictment: Using legal tools against foreign officials involved in drug trafficking. Criminal Justice Ethics: Vol. 8, No. 2, pp. 3-31.

The paper discusses legal implications of the expansion of practical uses of mathematics in social life. Taking as a starting point the omnipresence of mathematical infrastructures underlying policies, technology and markets, the paper proceeds by attending to relevant materials offered by general philosophy, legal philosophy, and the history and philosophy of mathematics. The paper suggests that the modern transformation of mathematics and its practical applications have spurred the emergence of multiple useful technologies and forms of social interaction but (...) have impoverished access to meanings originating in the lifeworld. The paper also argues that, as part of devices of interest aggregation and expert networks, mathematical infrastructures can be scrutinized by a revised form of legal practice that subjects them to legal critique and reconstruction in order to overcome conditions that have eroded the moral self-awareness of individuals and communities and their existential meanings. (shrink)

The paper discusses legal implications of the expansion of practical uses of mathematics in social life. Taking as a starting point the omnipresence of mathematical infrastructures underlying policies, technology and markets, the paper proceeds by attending to relevant materials offered by general philosophy, legal philosophy, and the history and philosophy of mathematics. The paper suggests that the modern transformation of mathematics and its practical applications have spurred the emergence of multiple useful technologies and forms of social interaction but (...) have impoverished access to meanings originating in the lifeworld. The paper also argues that, as part of devices of interest aggregation and expert networks, mathematical infrastructures can be scrutinized by a revised form of legal practice that subjects them to legal critique and reconstruction in order to overcome conditions that have eroded the moral self-awareness of individuals and communities and their existential meanings. (shrink)

Human reproductive cloning has become the most palpable example of the globalization of science. Throughout the world, events and conjectures in the media, such as the birth and death in the United Kingdom of the cloned sheep Dolly and projects to clone human beings by Korean scientists, by members of the Canadian-based Raelian cult, and by the Italian physician Antinori in an undisclosed country, have galvanized the political will of individual countries to ban human reproductive cloning.Yet, international attempts to harmonize (...) policies in the area of biomedical ethics and human research, such as the 1997 Council of Europe’s Convention on Human Rights and Biomedicine, and most recently, the United Nations’ efforts to adopt an international convention against human reproductive cloning, have been insufficient to trigger a substantial global policy design process on issues relating to these new technologies. (shrink)

After the establishment of the independent Slovak Republic, legal and institutional ground rules were set for providing asylum to foreigners present on the territory of the Slovak Republic. The national legislation of the last twenty years was adopted in compliance with international treaties and the European Union instruments covering asylum matters. In the field of asylum policy, the Slovak Republic complies with its traditional pillars and supports new forms of protection following the new challenges faced by the international (...) community. The currently valid Asylum Act regulates the international protection of aliens in the Slovak Republic, by defining the conditions and procedures related to granting asylum and provision of subsidiary protection and temporary shelter. The Asylum Act also covers the rights and obligations of different categories of persons, stay in asylum facilities and, partially, the integration of persons that are granted asylum. This article describes and analyses the development of the Slovak asylum legal framework and the concept of asylum policy. Furthermore, it looks at different protection statuses granted to foreigners and finally deals with the refugee migration trends in the Slovak Republic. (shrink)

Embryo litigation -- Access to ART treatment : insurance and discrimination -- General professional liability litigation -- Paternity and donor insemination -- Maternity and egg donation -- Traditional and gestational surrogacy arrangements -- Posthumous reproduction : access and parentage -- Same-sex parentage and ART -- Genetics (PGD) and ART -- ART-related embryonic stem cell legal developments -- ART-related adoption litigation -- ART-related fetal litigation and abortion-related litigation.

Surveillance in public health is the means by which people who are responsible for preventing or controlling threats to health get the timely, ongoing, and reliable information they need about the occurrence, antecedents, time course, geographic spread, consequences, and nature of these threats among the populations they serve. “Policy surveillance” is the ongoing, systematic collection, analysis, and dissemination of information about laws and other policies of health importance.

Ambiguous interpretation of the concept of gender equality has caused problems in understanding and legal support of the concept of gender. This and the global democratic process contribute to the relevance of the issue and generate the need for its thorough study. The article aims to define the essence of the concept “gender,” analyze the legal support of gender policy, and develop proposals for its improvement in Ukraine. In the study, we applied theoretical (analysis, synthesis, generalization, systematization) (...) and empirical (observation) methods. The article also uses methods of statistical and comparative analysis, extrapolation, dialectical method, etc. We analyzed the content of gender policy and its consequences and identified the features of its legal support and impact on society. To replace the concepts of gender, gender equality, and its derivatives with “equality of rights of men and women” proved expedient. Proposals for improving the legal support of gender policy in Ukraine were developed. The article has a multidisciplinary nature and will appeal to a broad readership from lawyers to psychologists to raise awareness and competence in this area. (shrink)

This article assesses which policies for addressing antibiotic resistance as part of a multi-pronged approach would benefit from legalization through an international legal agreement. Ten candidate policies were identified based on a review of existing literature, especially The Lancet Series on Antimicrobial Resistance, The Lancet Infectious Diseases Commission on AMR, and the World Health Organization Global Action Plan for AMR. These policies were then grouped under the headings of access, conservation, and innovation.Each of the ten policies were assessed using (...) four criteria developed by Hoffman, Røttingen, and Frenk to help consider why their legalization may be helpful, necessary and/or justified. These criteria are: the problem has a significant transnational dimension; the goal justifies the coercive nature of law; the outcome is likely to be beneficial; and legalization represents the best commitment mechanism among competing alternatives. (shrink)

This study evaluated the online privacy policies of business-to-consumer e-commerce firms in five industries of mainland China, Taiwan, and Hong Kong. Based on the neo-institutional theory, we also tested whether the four institutional factors, top management’s legal education, managerial ethics, rule of law in information privacy protection and peer practices, had any effects on e-information and e-communication content. Results from a content analysis of 229 websites found that the privacy policy contents that complied with generally accepted privacy standards (...) were lesser in mainland China firms than those of Taiwan and Hong Kong firms. There were also significant differences in the amount of contents among the five industries. The results of regression analyses showed the importance of all four factors on e-information content. They also showed the importance of coercive, mimetic, and normative isomorphisms on e-information content. The validation of normative isomorphism highlighted the importance of managerial ethics and legal education. Our findings supplemented extant literature which identified economic motive as the main factor in influencing privacy practice disclosures. (shrink)

Laws and policies are vital tools in preventing outbreaks and limiting the further spread of disease, but they can vary in content and implementation. This manuscript provides insight into challenges in responding to recent vaccine-preventable disease outbreaks by examining legislative changes in California, policy changes on certain university campuses, and the laws implicated in a measles outbreak in Minnesota.

As the recent inaugural Ethical, Legal, and Social Issues 2.0 conference made clear, the effects of information communication technology are pervasive in biomedical research. Data initiatives are arising in all corners of biomedicine. Data sharing efforts already promised to surpass even the ambitious goals of the National Human Genome Research Institute, only 5 years after publication of its 10-year vision. ELSI research was established, in part, to address challenges of open data access and data sharing. However, by and large, (...) ELSI research projects address particular concerns of a given population, jurisdiction, type of research practice or type of data. This does not necessarily facilitate coherent data policy for sustainable data stewardship. Forward-looking, data friendly strategies need to be considered. Orchestration strategies are needed which overcome barriers to collective action. Here we present challenges policymakers face, and suggest three basics steps towards meeting them. First, policymakers must recognise the systematic change that occurs when ICT enables dataflow itself to become an organising principle of biomedical research. Second, methods for identifying and gathering types of metadata suitable for ELSI research ought to be developed and regulated. Third, policymakers need to organise in ways that mirror the new vision for data-enabled research that data technologies are making possible, as ELSI 2.0 encourages researchers to do. Taking these steps will help ensure research evolves in ways that warrants trust of the public while still supporting widespread ethical access to necessary data, research subjects, samples and findings. (shrink)

The rapid development of complex income taxation and welfare systems in the 20th century may give the impression that progressive wealth redistribution systems are uniquely modern. However, religious systems provided similar mechanisms for addressing economic injustice and poverty alleviation centuries earlier. Zakat is the obligation of almsgiving and is the third pillar of Islam--a requirement for all believers. In the early development of the Islamic community, zakat was collected as a tax by the state and the funds were distributed to (...) a defined set of needy groups. As a theoretical matter, there are three insights that make zakat an especially relevant subject for modern legal scholars. First, zakat is an example of a modest wealth tax combined with an income tax that may be illustrative in the discourse regarding wealth taxes. Second, the jurisprudence of zakat supports the ethical conclusions of scholars who contend that property rights are attached to post rather than pre-tax income. Third, to the extent that zakat is considered a principal source of revenue for public programs, it might imply a limited role for government, focusing on equitable distribution of goods. This paper begins with a thorough evaluation and synthesis of the traditional Islamic jurisprudence related to zakat. The next section identifies three broad approaches to zakat adopted by modern Muslim states, with particular emphasis on ways that zakat is institutionalized legally. This is followed by an empirical analysis of the correlation of the approaches to zakat with individual income and wealth stratification. The article concludes with observations and policy recommendations related to zakat and broader legal theory based on the earlier qualitative analysis and empirical findings. (shrink)

Proceeding from the insights of Petrażycki, Polish-Russian legal realists distinguished legal theory, legal dogmatics, and legal policy. Legal theory describes legal phenomena in a value-free way and formulates causal laws concerning those phenomena. Legal dogmatics and legal policy are, by contrast, value-laden sciences involving the subject's—i.e., the scientist's—own attitudes toward existing or imagined phenomena: Dogmatics evaluates behaviors based on the subject's adoption of given normative sources as binding, while legal (...) policy evaluates the effects produced by given NSs based on causal laws and on the subject's goals. PRRs then conceptualize custom as a representation of people behaving in a certain way : We have a custom on the threefold condition that Rc is believed true by a given X, Rc causes the existence of a given normative psychical experience in X, and X expressly refers to—or would refer—to Rc in justifying an NPE. PRRs use the term customary law to refer to legal experiences caused and justified by an Rc. From a theoretical perspective, both the subject's adoption of custom as a binding NS and its truth are irrelevant. It is only the presence of a customary NPE in the X under study that matters. From a dogmatic perspective, by contrast, what matters is whether the dogmatician—qua subject—adopts custom as a binding NS, whether it is true that people behave in a given way bw, and whether bw resembles the behavior that is deontically qualified in the norm under dogmatic evaluation. Finally, from a legal-political viewpoint, PRRs hold that customary law in modern societies, owing to its conservative nature, should be eradicated for the goal of removing inequalities and fostering benevolence. (shrink)

Proceeding from the insights of Petrażycki, Polish-Russian legal realists distinguished legal theory, legal dogmatics, and legal policy. Legal theory describes legal phenomena in a value-free way and formulates causal laws concerning those phenomena. Legal dogmatics and legal policy are, by contrast, value-laden sciences involving the subject's—i.e., the scientist's—own attitudes toward existing or imagined phenomena: Dogmatics evaluates behaviors based on the subject's adoption of given normative sources as binding, while legal (...) policy evaluates the effects produced by given NSs based on causal laws and on the subject's goals. PRRs then conceptualize custom as a representation of people behaving in a certain way : We have a custom on the threefold condition that Rc is believed true by a given X, Rc causes the existence of a given normative psychical experience in X, and X expressly refers to—or would refer—to Rc in justifying an NPE. PRRs use the term customary law to refer to legal experiences caused and justified by an Rc. From a theoretical perspective, both the subject's adoption of custom as a binding NS and its truth are irrelevant. It is only the presence of a customary NPE in the X under study that matters. From a dogmatic perspective, by contrast, what matters is whether the dogmatician—qua subject—adopts custom as a binding NS, whether it is true that people behave in a given way bw, and whether bw resembles the behavior that is deontically qualified in the norm under dogmatic evaluation. Finally, from a legal-political viewpoint, PRRs hold that customary law in modern societies, owing to its conservative nature, should be eradicated for the goal of removing inequalities and fostering benevolence. (shrink)

The Health in All Policies approach aims to integrate health into decisions across sectors to address the social determinants of health and enhance health equity. Jurisdictions interested in implementing this approach may seek clarification about how to operationalize it. Public health legal preparedness provides useful lessons for HiAP. While there are important differences between these two areas, there are also critical similarities. These similarities are particularly important because HiAP and public health preparedness are complementary. Law has been essential in (...) advancing public health preparedness by helping to: prioritize planning; allocate responsibility; enhance collaboration and coordination; establish responsive funding; and emphasize the needs of vulnerable populations. Law can be used similarly to advance HiAP. (shrink)

A spate of legislations prohibiting cigarette smoking in enclosed public spaces, mainly on grounds of public health protection, recently swept across cities around the world. This is in tandem with a raft of increasingly restrictive national laws that emerged on the back of the ratification of the WHO Framework for Tobacco Control by more than one 168 countries in 2005. The central debate on the increasingly restrictive tobacco laws revolves on the extent to which public health interests justification should ground (...) political intervention in a private right as basic as tobacco smoking, which interestingly is often lumped in the food and beverage category. The pertinent legal and ethical questions therefore are the following: Is or should there be a general unrestricted right to tobacco smoking? If there were such a right, should public health or ethical considerations trump private right to smoke in enclosed public spaces? And if public health interests were so paramount, should they go farther and ground tobacco smoking proscription in all private and public spheres? Using ethical principles and rights-based arguments, the paper critically examines the legal and ethical ramifications of public health justification for tobacco smoking proscription in enclosed public spaces. (shrink)

The purpose of the present paper is to unveil whether the power distance/textual complexity duality attributed ordinarily to legal language applies to two different documents which are widely deployed, interpreted and applied in the global scope of commercial trade and communications, namely Lloyd’s Institute Cargo Clauses and the London International Court of Arbitration Rules. In choosing two texts which are the direct product of the law-making machinery of the Common law system, but which are used internationally, we ultimately undertake (...) to research whether opacity is really inherent to legal texts in English with an international scope of implementation. To scrutinise, illustrate and argue on the degree of difficulty and power distance in such legal instruments, the perspective of genre has been chosen as the most effective of instruments provided by current Applied Linguistics. Genre analysis permits to identify the genre or genres of a specialised professional community connected to the communicative group it comes from, the audience that receives it, the historical and cultural background and the extra-textual reality it aims to represent. The goal of our study, carried out through different levels: formal, discursive and, mainly, pragmatic, is to discern whether there exists any possible equation between power and textual complexity, and the consequences this entails for the understanding of the nature of these major international texts. (shrink)

The concept of Health in All Policies aims to improve the health outcomes associated with policies in an attempt to mitigate health disparities and provide optimal environments for healthier living. This multidisciplinary framework seeks to improve health through effective assessment and reformation of policy for organizations of any level and stature. The importance of integrating health in policy assessment and decision making is a key concept in the growing field of Health Impact Assessment.The World Health Organization defines Health (...) Impact Assessment as “a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population.” HIA provides a mechanism for collaboration between various sectors and disciplines bridging the gap between research, policymaking, and implementation of policies, programs, and projects affecting health outcomes. In the United States, while some HIA efforts have focused on proposed public policies, HIA has been used primarily to analyze the health effects of proposed development projects and plans related to community design and transportation. (shrink)

The concept of Health in All Policies aims to improve the health outcomes associated with policies in an attempt to mitigate health disparities and provide optimal environments for healthier living. This multidisciplinary framework seeks to improve health through effective assessment and reformation of policy for organizations of any level and stature. The importance of integrating health in policy assessment and decision making is a key concept in the growing field of Health Impact Assessment.The World Health Organization defines Health (...) Impact Assessment as “a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population.” HIA provides a mechanism for collaboration between various sectors and disciplines bridging the gap between research, policymaking, and implementation of policies, programs, and projects affecting health outcomes. In the United States, while some HIA efforts have focused on proposed public policies, HIA has been used primarily to analyze the health effects of proposed development projects and plans related to community design and transportation. (shrink)

Drawing on interviews with people from the advertising and technology industry, legal experts and policy makers, this paper assesses the rise of emotion detection in digital out-of-home advertising, a practice that often involves facial coding of emotional expressions in public spaces. Having briefly outlined how bodies contribute to targeting processes and the optimisation of the ads themselves, it progresses to detail industrial perspectives, intentions and attitudes to data ethics. Although the paper explores possibilities of this sector, it pays (...) careful attention to existing practices that claim not to use personal data. Centrally, it argues that scholars and regulators need to pay attention to the principle of intimacy. This is developed to counter weaknesses in privacy that is typically based on identification. Having defined technologies, use cases, industrial perspectives, legal views and arguments about jurisprudence, the paper discusses this ensemble of perspectives in light of a nationwide survey about how UK citizens feel about the potential for emotion detection in out-of-home advertising. (shrink)

The United States has the fastest growing prison population in the world, and elevated incarceration rates, substance use, and human immunodeficiency virus (HIV) prevalence are fueling each other. Yet without a national guideline mandated for HIV care within the prison system, standards for state and federal prisons vary greatly.

It is axiomatic that tobacco smoking is hazardous to health. The statistics are well documented and often very grim. For example, the 2008 World Health Organization Report on the global tobacco epidemic presented the following statistics: a hundred million people died of tobacco-related diseases globally in the 20th century; there are approximately over five million tobacco-related deaths every year; and an estimated one billion could die of tobacco-related diseases in this 21st century.Significantly, no other risky, self-indulgent addictive behaviors such as (...) cocaine abuse directly endanger bystanders as much as cigarette smoking or tobacco use endangers nonsmokers through secondhand tobacco smoke or inhaled environmental tobacco smoke. Environmental tobacco smoke comprises sidestream smoke and mainstream smoke. About 85 percent of environmental tobacco smoke is sidestream smoke, while the remainder is mainstream smoke. (shrink)

In this paper I argue that the rationality of law and legal decision making would be enhanced by a systematic attempt to recognize and respond to the implications of empirical uncertainty for policy making and decision making. Admission of uncertainty about the accuracy of facts and the validity of assumptions relied on to make inferences of fact is commonly avoided in law because it raises the spectre of paralysis of the capacity to decide issues authoritatively. The roots of (...) this short-sighted view are found in primitive mechanical models of relationships in the empirical and social world – those of objective causality and determinism. Insofar as it is believed that if we had sufficient data a clear and unequivocal answer would be available to each question, admission of uncertainty is seen as a sign of insufficiency, incompetence, impotence, and is avoided whenever a decision that must be seen to be based on valid reasons, cannot be avoided. Avoidance of some decisions, duplicity in others, is the result. -/- Decision-making must be restructured to recognize the provisional and context-bound validity and relevance of the models we use to conceptualize and order our understanding of phenomena, and to utilize this awareness as an instrument in the production of legal policies and decisions that will be authoritative precisely because they are honestly accurate and socially responsible. The paper makes a start on such a re-structuring of the legal process by exploring the implications of the observation that if law is to be “just”: 1) legal policy must be based on accurate information and rationally related to social goals; and 2) decisions applying policy to individual fact situations must be based on assumptions that are both relevant and accurate. -/- Reasons for determinations of fact must be given, otherwise the presumption that the trier of fact is “reasonable” is an unconditional licence to use private modes of logic and theories of social and natural science. What is not disclosed cannot be challenged on grounds of invalidity or irrelevance. Use of “objective validity” as a standard to evaluate conclusions made by the trier of fact in contentious cases would only serve to beg all important questions by concealing: 1) fundamental normative conflict, and 2) the limited nature and applicability of many validity claims. -/- Our use of the phrases “undue risk,” “public interest,” “reasonable,” and “necessary,” reflects the weight we choose to give conflicting social values and goals when we must make decisions in relative ignorance of all the consequences. “Objective criteria” are of limited utility in legal decision-making because their social meaning is derivative. Policy generation in the absence of any coherent conceptual-normative framework, use of vague terminology in legislation stating policy, and the absence of rational means to distinguish between individual cases to which decision-makers are required by law to apply policy, make it inevitable that many legal “decisions” made in the guise of determinations of objective fact, are charades, an arbitrary, capricious, intuitive, subjective (and thus private) use of public decision-making power. -/- Law must alter its aspirations and recognize that rational decision-making is a process that can occur only within parameters set by present knowledge and societal preference structures. Only by working with the constraints imposed by these parameters is it possible to achieve “just” decisions. Where no rational basis for differentiating cases exists, “individualized justice” must be avoided and public policy articulated in law applied uniformly to all cases in a class. The terms “reasonable” and “necessary,” used to describe policy and its consequences for specific cases, must be understood to represent provisional societal assessments, attempts to implement societal preference structures in the face of limited knowledge. Heightened awareness of the limited nature of our knowledge can only result in legal policies that have a more explicit normative basis. (shrink)

While widely acknowledged as the world's oldest profession, and often glamorized or demonized in the media, prostitution is a critical part of American culture and its economy, as well as a social problem in need of an updated public policy. In Prostitution Policy, Lenore Kuo combines feminist social research and legal studies to tackle issues raised by heterosexual prostitution in the U.S. Through the lens of feminist theory, Kuo examines the milieu of prostitutes and the role of (...) prostitution in contemporary society, and how the interplay of those two works itself out in practice. Moving beyond theoretical analysis of prostitution, Prostitution Policy turns to the complicated problem of formulating a reasonable legal policy that minimizes harm. Kuo discusss criminalization, legalization, and decriminalization as possible approaches, ultimately arguing for a unique form of decriminalization including detailed legal oversight and mandatory social services. (shrink)

Gene-editing technologies, such as CRISPR/Cas9, are internationally ethically fraught. In the United States, policy surrounding gene-editing has yet to be implemented, while the science continues to speed ahead. However, it is not enough that policy be implemented: in order for policy to establish limits for the technology such that benefits are possible while threats are kept at bay, such policy must be ethical. In turn, the ethics of gene-editing is a culturally determined field of inquiry. This (...) piece presents a proposal for a study whose goal is to arrive at ethical policy recommendations for policymakers. To achieve this goal, this study proposes, what needs to be done is, first, to understand the full history and foundation of gene-editing by conducting a thorough legal, bioethical, and policy review for precedent assisted reproductive technologies and genetic reproductive technologies. Following this effort, an empirical study must be conducted involving careful surveys of key stakeholder groups on their knowledge and opinions of gene-editing. Such stakeholder groups must include bioethicists, medical geneticists, and lay persons, including those in the disability community. (shrink)

Contemporary notions of what constitutes tribal self government for Indigenous Peoples in the legal systems of the nation-states Canada, New Zealand and the United States of America have their origins in philosophies and theories developed by European nation-states generally, in relation to their colonial expansion into what is now called the Americas. This thesis examines the nature of these theories, and how they have formed the basis for legal precedent and public policy in the three nation-states. A (...) representative analysis of three contemporary issues will serve to illustrate the outcome of this legal/political history. I look at three sites. These are the British Columbia Treaty Process in Canada, the Waka Umanga legislation in New Zealand, and legal developments arising from the Indian Reorganization Act in the United States. Full sovereignty from an Indigenous Peoples worldview existed for Indigenous nations, and with it, self government. The notion of self government as a viable and contemporary public policy initiative is well grounded in law and history. It would seem that current initiatives to acknowledge this inherent right are more about preserving colonial hegemony rather then engaging in honest negotiation. Current initiatives are converging into a single public policy goal; namely the corporatisation of Indigenous Peoples legal personality and self governing capacity. What used to be distinct nation-state development now seems to be a four nation-state (CANZUS) unified plan being implemented on four different fronts. Clearly, from the legal history, self government is something fundamentally different from self-management. The advent of Legal Positivism has played a significant role in assumptions that inherent sovereignty and self government never existed under European legal systems. The framework of tribal self governance must be viewed in the context of the values of the specific People to be a true expression of an Indigenous Nation exercising self government. This fundamental distinction can be traced back to the legal history. The foundational laws regarding interactions with Indigenous Peoples were developed under theories of natural law. The contemporary state practice is conducted under positivist law, with a nod toward developing human rights standards. Only through continued advocacy for the legal recognition of inherent rights will the nation-states be challenged on their self management agenda. (shrink)

E-cigarettes, sometimes referred to as ENDS, include a broad range of products that deliver nicotine via heating and aerosolization of the drug. ENDS come in a variety of forms, but regardless of form generally consist of a solution containing humectant, flavorings, and usually nicotine ; a battery-powered coil that heats the solution into an aerosol in an atomizing chamber; and a mouthpiece through which the user draws the vapor into the mouth and lungs. The devices may be closed systems containing (...) prefilled cartridges, or open systems, where the user manually refills a 1-2 ml. tank with solution. What started as closed-system cigarette-shaped devices marketed as an adjunct for smoking cessation, has transitioned rapidly to literally thousands of hip and funky-designed open-system hookah pens, vape pens, and modifiable devices. For younger people, these forms are the “in” thing, while traditional cigarette-shaped devices are “out.”. (shrink)