FACTS An officer in Midvale, Utah was doing some paperwork in his patrol car when he was approached by man, later identified as Nitokalisi Fonua (hereinafter, “Nick”). Nick “looked suspicious,” mainly because he was “jittery, looking around and appeared to be very nervous.” Nick’s suspicion rating jumped dramatically when, for no apparent reason, he informed the officer he had stolen a white GMC Blazer, which he had parked nearby. Naturally, the officer asked Nick if he would show him the Blazer, and Nick said sure. When they located the Blazer, the officer walked over and looked inside. The first thing he saw was a sawed-off shotgun on the back seat. Then he noticed some markings on the shotgun, “markings that looked gang-related.” Nick told the officer that the key to the Blazer was inside his motel room at the Days Inn. Also in the room, he said, were his “cousins,” meaning “people he knows from the streets.” The officer asked Nick “if we could obtain the keys to the vehicle so we could turn those back over to the owner.” Nick said the keys “were in the room somewhere” and that he “didn’t care” if the officer went in and retrieved them. Nick also gave the officer his key to the room. When backup arrived at the motel, officers knocked on the door which was opened by a man named Vake. There were two other occupants: a woman and Kimoana, the defendant. By this time, the officers were aware that Kimoana—not Nick—had rented the room. The first thing the officers saw as the door opened was the woman pointing “an unidentified black object” at the wall. Concerned for their safety, they ordered the occupants to “show their hands.” Then they pat searched them. Finding no weapons (the “unidentified black object” was a television remote control), they holstered their guns. Although the officers already had Nick’s consent to search the room, they sought and obtained consent from Vake. During the search, they found a “long-barreled revolver” under a mattress. As the result, Kimoana was convicted of being a felon in possession of a firearm.

United States V. _____

The rapidly growing biofuel sector in Africa has, in recent years, been received with divided interest. As part of a contemporary wave of agricultural modernization efforts, it could make invaluable contributions to rural poverty. Conversely, it could also engender socioeconomically and environmentally detrimental land use changes as valuable land resources are converted to plantation agriculture. This research analyzes the impacts and impact pathways of biofuel feedstock development in Ghana. It finds that companies are accessing large contiguous areas of customary land through opaque negotiations with traditional authorities, often outside the purview of government and customary land users. Despite lack of participation, most customary land users were highly supportive of plantation development, with high expectations of ‘development' and ‘modernization.' With little opposition and resistance, large areas of agricultural and forested land are at threat of being converted to plantation monoculture. A case study analysis shows that this can significantly exacerbate rural poverty as communities lose access to vital livelihood resources. Vulnerable groups, such as women and migrants, are found to be most profoundly affected because of their relative inability in recovering lost livelihood resources. Findings suggest that greater circumspection by government is warranted on these types of large-scale land deals.

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Land-based investments for rural development? A grounded analysis of the local impacts of biofuel feedstock plantations in Ghana.

‘Once a miner, always a miner’: Poverty and livelihood diversification in Akwatia, Ghana

Proposals for more effective natural resource governance emphasize the importance of institutions and governance, but say less about the political conditions under which institutional change occurs. This book synthesizes findings regarding the political drivers of institutional change in extractive industry governance. The authors analyse resource governance from the late nineteenth century to the present in Bolivia, Ghana, Peru, and Zambia. They focus on the ways in which resource governance and national political settlements interact. Special attention is paid to the nature of elite politics, the emergence of new political actors, forms of political contention, changing ideas regarding natural resources and development, the geography of natural resource deposits, and the influence of the transnational political economy of global commodity production. National elites and subnational actors are in continuous contention over extractive industry governance. Resource rents are used by elites to manage this contention and incorporate actors into governing coalitions and overall political settlements. Periodically, new resource frontiers are opened, and new political actors emerge with the power to redefine how extractive industries are governed and used as instruments for development. Colonial and post-colonial histories of resource extraction continue to give political valence to ideas of resource nationalism that mobilize actors who challenge existing institutional arrangements. The book is innovative in its focus on the political longue durée, and the use of in-depth, comparative, country-level analysis in Africa and Latin America, to build a theoretical argument that accounts for both similarity and divergence between these regions.

https://www.econstor.eu/bitstream/10419/181039/1/1000322.pdf

Governing Extractive Industries: Politics, Histories, Ideas

Influence of land tenure practices on artisanal mining activity in Ghana

Can popular sovereignty and sovereign territory co-exist? Can we imagine a world in which sovereignty territory could, like property, be traded among countries while still respecting people’s interest in self-determination? What if countries’ right to territorial integrity were predicated on a corresponding duty to govern well? And can the international system provide mechanisms and incentives to improve the status quo? These are not simply academic questions. Across the world, many regions are located in the wrong nations — wrong in the sense that the people of these regions believe they would be safer, happier, and wealthier if surrounded by different borders and governed by different leaders. These people might be able to improve their lot by voting out their current government or by emigrating, but those are imperfect solutions and are often unavailable to those who need them most. We ask how international law could help ameliorate the bad government problem by facilitating welfare-enhancing border changes.

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A Market for Sovereign Control

The Second Amendment plays a massive – some would say outsized – role in our often-dysfunctional national gun debate. It serves as a banner for gun-rights supporters, a common enemy for gun-control advocates, and a consistent headache for scholars, lawyers, and judges. But the full force of the Amendment’s influence over the scope and extent of gun control cannot be found in casebooks.

Gun Rights Talk

Particularly in places with few recognizable gun control laws, 'gun neutral" civil and criminal rules are an important but often-unnoticed basis for the legal regulation of guns. The burdens that these rules impose on the keeping and bearing of arms are at times significant, but they are also incidental, which raises hard questions about the boundaries between constitutional law, regulation, and legally enforceable private ordering. Does the Second Amendment apply to civil suits for trespass, negligence, and nuisance? Does the Amendment cover gun-neutral laws of general applicability like assault and disturbing the peace? In the course of addressing these practical questions and the broader conceptual challenges that they represent, this Article fashions analytic tools that may be useful to a wide range of constitutional problems. Language: en

/pdf/what-is-gun-control-direct-burdens-incidental-burdens-and-t3suiu6y4d.pdf

What Is Gun Control? Direct Burdens, Incidental Burdens, and the Boundaries of the Second Amendment

The ongoing European crisis has raised uncomfortable questions about the conditions under which treaty-based unions of nations like the EU or the EMU can legally expel a member — Greece being the most obvious candidate. The EU, for example, has rules governing the voluntary withdrawal of members, but says nothing about whether a member can be expelled. As a matter of international law, what does the silence mean? Put differently: What is the default rule regarding expulsions when a treaty says nothing about forced withdrawals? Is there an absolute bar on expulsion, as some have suggested? Conversely, is there an implicit right to expel? Or can material breaches of a treaty justify expulsion? And if fault is not required, must the expelled member state be compensated in some way?

/pdf/can-greece-be-expelled-from-the-eurozone-toward-a-default-les3fgblka.pdf

Can Greece be Expelled from the Eurozone? Toward a Default Rule on Expulsion from International Organizations

In the past five years, public schools across the country have begun to explore a new avenue of fundraising: selling naming rights to school facilities. The popularity and monetary value of these sales, however, only highlights the importance of the First Amendment concerns they raise. This Article uses school naming rights as a lens through which to examine the conflicts between government speech, commercial speech, and forum analysis, three categories of First Amendment analysis that are simultaneously and problematically implicated by school naming rights sales. Courts and scholars have long noted the internal ambiguities within these three categories, but have not yet explored the sometimes irreconcilable conflicts among them. As the growth of school naming rights shows, government sponsorship arrangements collapse many of the artificial divisions between the First Amendment's categories, and demonstrated the need for a better understanding of the categories' interactions. This Article identifies  and attempts to resolve  some of the border disputes between these poorly defined and increasingly important areas of First Amendment law.

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Joseph Blocher

Papers

A Market for Sovereign Control

Gun Rights Talk

What Is Gun Control? Direct Burdens, Incidental Burdens, and the Boundaries of the Second Amendment

Can Greece be Expelled from the Eurozone? Toward a Default Rule on Expulsion from International Organizations

School Naming Rights and the First Amendment's Perfect Storm