Does racism affect health? Evidence from the United States and the United Kingdom

Blacks have worse overall health than whites in both the United States and the United Kingdom. However, the relative difference in health between the two groups within each cultural context differs between each context. In this article, we attempt to glean insights into these health disparities. We do so by first examining what is currently known about differences in morbidity and mortality for blacks and whites in the United States and the United Kingdom. We then turn to medical examination data by race and country of birth in an attempt to further untangle the complex interplay of socioeconomic status (SES), race, and racism as determinants of health in the United States and the United Kingdom. We find that (1) longer exposure of blacks to the recipient country is a risk for mortality in the United States but not in the United Kingdom; (2) adjustment for SES matters a good deal for mortality in the United States, but less so in the United Kingdom; (3) morbidity indicators do not paint a clear picture of black disadvantage relative to whites in either context; and (4) were one to consider medical examination data alone, differences between the two groups exist only in the United States. Taken together, we conclude that it is possible that the "less racist" United Kingdom provides a healthier environment for blacks than the United States. However, there remain many mysteries that escape simple explanation. Our findings raise more questions than they answer, and the health risks and health status of blacks in the United States are much more complex than previously thought.     

Competition policy in the United States and the United Kingdom ‐ A look at underlying forces*

Summer schools in law are a common feature of Irish legal education today. Originating in the US, summer schools are now an international phenomenon. In 2005, the eLaw Summer Institute (or ELSI), was established at University College Cork as a four-week international summer school. In this article, we reflect on the design and development of ELSI, with reference to three key aspects of this summer school. First, we address issues arising from the intensive teaching aspect of ELSI, including the use of technology as part of a blended learning experience. Second, we explore the challenges posed by the international audience in ELSI. Lastly, we critically examine the comparative elements of the school in terms of curriculum design and delivery of the programme. Our analysis builds upon existing literature in the areas of curriculum design and delivery, intensive teaching, the international classroom and comparative legal studies; and is informed by empirical data in the form of anonymous student questionnaires. The aim of the article is to engage with others involved in summer programmes, to share our experiences and critical analysis and to provide an insight for those not involved in summer school programmes into the challenges and the rewards for students, staff and the institutions involved.     

Another special relationship? Interactions between health technology policies and health care systems in the United States and the United Kingdom

Confronted with similar challenges, the United States and the United Kingdom have adopted very different health technology policies. In the United States, the focus has been on technology creation, in particular the funding of basic biomedical research at the National Institutes of Health. This both reflects and reinforces an innovation-first culture in the United States, including in health. By contrast, the United Kingdom has been much more heavily committed to applied research and evaluative research, including health-technology assessment. That is, while U.S. policy has focused on technology creation, U.K. policy has been more oriented toward technology diffusion. This article surveys the sources of these differences. We consider the impacts of institutional, cultural, and other factors that may explain them, and emphasize that it is hard to disentangle the separate effects of those factors. We conclude with a discussion of the difficulties in drawing cross-national lessons in health technology policy.     

Who are the most highly cited forensic scientists in the United States?

The most highly cited forensic practitioners in the United States were identified using a publicly available citation database that used six different citation metrics to calculate each person's composite citation score. The publication and citation data were gleaned from Elsevier's SCOPUS database, which contained information about ~7 million scientist each of whom had at least five entries in the database. Each individual was categorized into 22 scientific fields and 176 subfields, one of which was legal and forensic medicine (LFM). The database contained citation records for 13,388 individuals having LFM as their primary research discipline and 282 of these (2%) were classified as being highly cited. Another 99 individuals in the database had LFM as their secondary discipline, making a total of 381 highly cited forensic practitioners from 35 different countries. The career-long publication records of each individual were compared using their composite citation scores. Of the 381 highly cited scientists, 93 (24%) had an address somewhere in the United States. The various branches of forensics they specialized in were anthropology, criminalistics, DNA/genetics, odontology, pathology, statistics/epidemiology, and toxicology. The two most highly cited scientists, according to their composite citation score, were both specialists in DNA/genetics. Bibliometric methods are widely used for evaluating research performance in academia and a similar approach might be useful in jurisprudence, such as when an expert witness is instructed to testify in court and explain the meaning of scientific evidence.     

Forensic Psychiatric Examination in Criminal Cases in the United States

作者介绍了美国司法精神病鉴定的一些一般情况．美国法医精神病学家常受法院的委托，对刑事被告人进行精神状态鉴定和诉讼行为能力、责任能力评定．本文阐述了在美国的刑事案件审理过程中，对各种诉讼行为能力（包括受审能力、接受处决能力、放弃法定权利能力等）的认识及评定要点。论述了美国法律对判断有无刑事责任能力的历史发展变化．美国联邦及各州法律对刑事被告人责任能力评定中辨认和控制两要素存在不同看法，在司法实践中各州不尽相同，有些州只要鉴定人检查被告人有无辨认能力；有些州只强调有无控制能力；还有些州则要求鉴定人检查被告人有无辨认能力和控制能力，即两种能力都要．鉴定人检查被告人在作案当时有无精神病，主要根据临床经验及病史材料．     

FDA approved? A critique of the artificial insemination industry in the United States

Artificial insemination by donor is becoming an increasingly popular means to achieving parenthood. While the majority of couples use artificial insemination to overcome fertility problems, many recipients use artificial insemination to avoid passing a genetic disease to their children. However, case studies reveal the inherent dangers of artificial insemination, namely the lack of proper screening methods to avoid passing genetic diseases to children born by artificial insemination. State-by-state regulation, federal guidelines, and private adjudication have all proven to be inadequate methods of regulating the artificial insemination industry. Ginsberg proposes federal regulation as the only means of achieving a safe artificial insemination industry. The proposed federal regulation would include better genetic screening, a more efficient national sperm donor system, and limited disclosure to recipients of artificial insemination and their children. These measures would help to ensure that couples using artificial insemination get what they expect--healthy sperm, a safe artificial insemination process, and ultimately, a healthy child.     

When death is the sanction—United States and worldwide perspectives

Conclusion Gross and Mauro are probably correct in concluding that in the United States McCleskey ... certainly seems to represent a final decision to give up any pretense that the death penalty can be tamed.8 Current attempts at judicial oversight in the United States have proved as ineffective in bridling the discretion of capital case decision makers as were prior attempts at legislative and gubernatorial oversight. The historical lesson appears to be unmistakable: the nation must either abolish the death penalty or suffer its improper application and imposition. The worldwide pattern documented by Hood reinforces this conclusion; when the death penalty is on a country's statute books, it will be used—but, sooner or later, improperly so. No attempts at judicial or other forms of vigilance have proved this prediction to be incorrect—no matter how few cases have been permitted to flow through the system and no matter how principled have been the system and its officials.B.A., Queens College 1969; M. A., University of Pennsylvania 1973; Ph.D., University of Pennsylvania 1978.     

European human rights law and the United Kingdom—A note

This article asserts that established concerns about access to, and widening participation in higher education, are now reflected in interest around retention. Those law schools with inclusive admissions policies and widening participation practices face a number of challenges around the financial and human costs of poor retention. Most of these law schools fall within the “new university” sector.

This article argues that poor retention among first‐year law students often reflects a lack of engagement. This lack of engagement exists in two key relationships; first that of between students and the teaching and learning structures of their law school and university, and second between first year law students and many of the staff who teach them. It is argued that this lack of engagement reflects a clash of cultures, first between the requirements and structures of the law school and the everyday life experience of our students, and second between ourselves as teachers and our students.

The utilisation of aspects of the Oxbridge tutorial model of higher education together with an appropriate use of new technology is suggested as a response to this cultural clash and as a way of increasing engagement with our students.

In support of these arguments, the article refers extensively to the evidence presented to the House of Commons Education and Employment Committee hearings on retention in higher education, and to the Committee's conclusions.     

Russia’s role in UNFCCC negotiations since the exit of the United States in 2001

The unexpected exit of the United States from the Kyoto Protocol in 2001 signaled the exponential increase in the importance of the Russian Federation as a key player in international climate change politics. Until then a relatively minor player, Russia’s active participation in the evolution of the climate change regime is now considered a paramount and immediate necessity. A longitudinal study of Russian climate policy over the years is therefore a highly useful exercise as it allows for the better understanding of current developments and provides some basis for prediction of its future actions. The primary aim of this article is threefold: First, to offer a comprehensive account of Russian involvement in international climate negotiations. Secondly, to clarify the actual reasons behind Russia’s decision to delay its ratification of the Protocol for almost three long years, and finally, to try and map out the post-2012 positions of Russia on the road to the 2009 Copenhagen Conference of the Parties.     

Acquisitive Crime and Inflation in the United States: 1960–2012

Objectives

Inflation is conspicuous by its absence from recent research on crime and the economy. We argue that price inflation increases the rate of crimes committed for monetary gain by fueling demand for cheap stolen goods.

Methods

The study includes inflation along with indicators of unemployment, GDP, income, consumer sentiment, and controls in error correction models of acquisitive crime covering the period from 1960 to 2012. Both short- and long-run effects of the predictors are estimated.

Results

Among the economic indicators, only inflation has consistent and robust short- and long-run effects on year-over-year change in the offense types under consideration. Low inflation helps to explain why acquisitive crime did not increase during the 2008–2009 recession. Imprisonment rates also have robust long-run effects on change in acquisitive crime rates.

Conclusions

Incorporating inflation into studies of crime and the economy can help to reduce the theoretical and empirical uncertainty that has long characterized this important research area in criminology.

     

The fox and the grapes: is real reform beyond reach in the United States?

As the challenges of maintaining (or, in the US case, attaining) affordable universal coverage multiply, the debate about what constitutes "real" reform intensifies in Western health care systems. The reality of reform, however, lies in the eyes of myriad beholders who variously enshrine consumer responsibility, changes in payment systems, reorganization, and other strategies -- or some encompassing combination of all of the above -- as the essential ingredient(s). This debate, increasingly informed by the agendas of health services researchers and health policy analysts, arguably serves as much or more to becloud as to clarify the practical options policy makers face and remains severely imbalanced with respect to the institutional sectors on which it concentrates, the fields of knowledge on which it draws, and the roles it envisions for markets and the state.     

Violent crime in Russia and the United States: 1990–1996

In spite of significant press attention to the dimensions of the crime problem in Russia during the 1990s, the scholarly literature on crime in Russia remains limited. In an attempt to address this limitation, this paper examines trends in violent crime in Russia during the period 1990–1996. To place the data in a comparative framework, we also examine data on reported violent crime in the United States during this period. Findings indicate the persistence of dramatically higher homicide rates in Russia, dramatic increases in reported robbery and aggravated assault rates, yet declines in rape rates. With the exception of homicide, violent crime rates remained below those in the U.S. We discuss implications of the findings and suggest additional research.     

Are the perpetrators of violence one and the same? Exploring the co-occurrence of perpetration of physical aggression in the United States

Important gaps exist in our understanding of aggressive behavior and the extent to which aggression involves one or more types of victims. This information is critical for determining the utility of integrated approaches for violence prevention versus continuation of independent efforts for reducing community violence, partner violence, and child maltreatment. To better understand the overlap in aggressive behaviors within the general population, the authors examine the co-occurrence of self-reports of physically striking strangers, acquaintances, intimate partners, and children among a nationally representative sample of 3,024 U.S. adults. The findings from this cross-sectional random digit dial telephone survey show that more than a third of the population reports engaging in at least one form of aggression and that, of these, a third had perpetrated violence against more than one type of victim. The percent of respondents who reported perpetrating violence against more than one type of victim range from 13% (percent of those striking a friend or acquaintance who also struck a child) to 34% (percent of those striking a friend or acquaintance who also struck a stranger). Furthermore, engaging in one type of aggression substantially increases the odds of engaging in another from 1.5 to 4 times. The findings suggest potential value in pursuing both integrated and independent approaches in research and prevention.     

The European Community and the Member States in the Dispute Settlement Understanding of the WTO: United or Divided?

Opinion 1/94 of the European Court of Justice determined the competence of the European Community and the Member States to conclude and implement WTO Agreements. Whilst the European Community enjoys exclusive competence to implement the Multilateral Agreements on Trade in Goods, it shares joint competence with the Member States in respect of the General Agreement on Trade in Services and the Agreement on Trade-Related Aspects of Intellectual Property Rights. However, the Court’s recognition of a division of competences between the Community and the Member States in WTO agreements has given rise to many fears that such a division would greatly complicate Community and Member State participation in WTO Agreements, would create many problems for them in doing so and, as a result, would greatly impede their successful participation in the WTO. Given the benefit of a number of years’ experience in the WTO, this paper focuses on the Dispute Settlement Understanding (DSU) of the WTO and addresses the extent to which the division of competences between the Community and the Member States has affected their participation in the DSU. Primarily, it aims to examine the extent to which the provisions of the DSU affect Community and Member State participation in dispute settlement within the WTO. It then analyses the duty of co-operation imposed on the Community and on Member States by the Court of Justice in Opinion 1/94 in the implementation of the WTO Agreements and the degree to which this duty influences their pursuit of dispute settlement. Finally, the paper examines the manner in which Community and Member State dispute settlement proceedings have evolved in practice, the extent to which the division of powers has penetrated dispute settlement proceedings and the manner in which the Community, the Member States and other WTO members have addressed it. In essence, the paper attempts both to highlight some of the more obvious consequences and effects that the internal division of powers between the Community and the Member States has for their participation in the DSU and to suggest some ways in which these consequences may be manipulated for their mutual and successful settlement of disputes.     

Hate Crime and the Privatization of Political Responsibility: Protecting Queer Citizens in the United States?

My purpose in this article is to address issues that arise with the emergence of “hate crime” law as a response to violence against historically subordinated groups, with particular reference to gay, lesbian, bisexual, transgendered (henceforth “GLBT”), and otherwise queer citizens. The specific jurisdictional context of my reflection is the USA but the issues I raise have significance beyond that context. Increasingly in recent years hate crime legislation has been adopted or proposed in the US as well as other jurisdictions as a response to bigotry and violence directed against minority groups in multi-cultural societies. In 2006 in the UK, proposals to outlaw “incitement to religious hatred” were hotly debated. In 2008 demands are being made to extend the ‘incitement laws’ to include incitement to homophobic hatred. In 2007 in the US the Senate and House of Representatives in Washington DC passed an Act, which some described as the Matthew Shepard Act, to promote and enhance the use of the criminal law against perpetrators of crimes motivated by hatred based on perceived sexual orientation and gender identity. Ultimately the Act failed to become law. The debates in the UK and US provide the backdrop against which I want to examine the arguments for and against hate crime legislation, both generally and with specific application to queer citizens. This require us to think again about the relation of queer citizens to the state, the reach of political equality and human rights, and the aims and limits of the criminal law and system of “criminal justice”.

Holding Back the Tide— a Review of Recent Developments in Copyright Law in the United Kingdom

This article surveys recent developments in UK copyright law. It sets these developments in the context of broader trends in copyright law and policy. Significant decisions concerning subsistence of copyright, authorship, infringement, defences, remedies and collective licensing are analysed. The author notes that copyright, and other intellectual property rights, have been given extra force as a result of recent legislative developments. He argues that, against this background, it is possible to discern increasing judicial concern to ensure that such an expansion in monopoly power does not operate against the public interest.     

Catalyst or Cause? Legislation and the Demise of Machine Politics in Britain and the United States

In the nineteenth century, British and American parties competed by hiring electoral agents to bribe and treat voters. British parties abruptly abandoned this practice in the 1880s. The conventional explanation is that legislation put an end to agent‐mediated distribution. But this explanation leaves many questions unanswered. Why did the parties use agents for decades, even though they imposed great expense on candidates and were viewed as untrustworthy? And why, after decades of half‐hearted reforms, did the House of Commons pass effective antibribery reforms only in 1883? In our formal model, parties hire agents to solve information problems, but agent‐mediated distribution can be collectively suboptimal. Legislation can serve as a credibility device for shifting to less costly strategies.