Litigation Costs and Before‐the‐Event Insurance: The Key to Access to Justice?

The cost of civil litigation is a key factor in determining the extent of access to justice. Following cuts in legal aid attention has focused upon finding alternative methods of assisting litigants without producing costs which are out of proportion to the damages obtained. The recent report by Lord Justice Jackson attempts to deal with concerns about increasing and disproportionate costs said to arise in part because of the encouragement of conditional fee agreements. This article considers the proposals made in the report, and argues that too little attention has been paid to before‐the‐event insurance as a means of securing access to justice for the great majority of claimants who suffer personal injury.     

When Do Laws Matter? National Minimum‐Age‐of‐Marriage Laws,Child Rights,and Adolescent Fertility, 1989–2007

Using the case of adolescent fertility, we ask the questions of whether and when national laws have an effect on outcomes above and beyond the effects of international law and global organizing. To answer these questions, we utilize a fixed‐effect time‐series regression model to analyze the impact of minimum‐age‐of‐marriage laws in 115 poor‐ and middle‐income countries from 1989 to 2007. We find that countries with strict laws setting the minimum age of marriage at 18 experienced the most dramatic decline in rates of adolescent fertility. Trends in countries that set this age at 18 but allowed exceptions (for example, marriage with parental consent) were indistinguishable from countries that had no such minimum‐age‐of‐marriage law. Thus, policies that adhere strictly to global norms are more likely to elicit desired outcomes. The article concludes with a discussion of what national law means in a diffuse global system where multiple actors and institutions make the independent effect of law difficult to identify.     

Dworkin and Phenomenology of the “Pre‐Legal”?

Ronald Dworkin states in his preface to “Law's Empire” (1986) that he is doing a phenomenology of law. In regards to a phenomenology of law, I wish to investigate Dworkin's theory of law, and subsequently, what is left out in order for it to be considered a phenomenological account. In doing so, I will compare Dworkin's phenomenology of law to Schütz's phenomenology of the social world. The comparison between the two will illuminate what I believe is necessary for law, and that is a Phenomenology of the Pre‐Legal.     

Whose Constitution? Constitutional Self‐Determination and Generational Change

Constitutions enshrine the fundamental values of a people and they build a framework for a state’s public policy. With regard to generational change, their endurance gives rise to two interlinked concerns: the sovereignty concern and the forgone welfare concern. If constitutions are intergenerational contracts, how (in)flexible should they be? This article discusses perpetual constitutions, sunset constitutions, constitutional reform commissions, and constitutional conventions, both historically and analytically. It arrives at the conclusion that very rigid constitutions are incompatible with the principle of intergenerational justice. Recurring constitutional reform commissions at fixed intervals would give each generation of citizens a say without leaning too much on the side of flexibility.     

Ontario Education Act and Related Statutes:An Overview

Canada is a federal country with a federal government, but according to the Constitution Act, 1867, "in and for each Province the Legislature may exclusively make Laws in relation to Education". Education is under the exclusive jurisdiction of provincial governments. There is no federal ministry of education, but there is a Council of Ministers of Education to offer provincial ministries and departments of education the opportunity to work together. In each province there is a ministry or de-     

Navya-Nyāya on Subject–Predicate and Related Pairs

This paper focuses on the relevance of Indian epistemology and the philosophy of language to contemporary Western philosophy. Hence it discusses (1) how perceptual, inferential and verbal cognitions are related to the same object, (2) how to draw the distinction in meaning between transformationally equivalent sentences, such as ‘Brutus killed Caesar’ and ‘Caesar was killed by Brutus’, and (3) why the predicate-expression is to be considered as unsaturated but the subjectexpression as saturated. In order to answer these questions the Nyāya philosophers have discussed the distinction between several pairs of terms, such as ‘subject–predicate’, ‘qualificand–qualifier’ and ‘the first term–the second term’. This paper also deals with the Nyāya conception of inference for others, and the interpretations of the premise called ‘upanaya’ (‘application’) or the cognition called ‘parāmar?a’ (‘operation’).     

Can 14,737 women be wrong? A meta‐analysis of the LSI‐R and recidivism for female offenders*

Research Summary Over the past two decades, researchers have been increasingly interested in measuring the risk of offender recidivism as a means of advancing public safety and of directing treatment interventions. In this context, one instrument widely used in assessing offenders is the Level of Service Inventory‐Revised (LSI‐R). Recently, however, the LSI‐R has been criticized for being a male‐specific assessment instrument that is a weak predictor of criminal behavior in females. Through the use of meta‐analytic techniques, we assessed this assertion. A total of 27 effect sizes yielded an average r value of .35 ([confidence interval] CI = .34 to .36) for the relationship of the LSI‐R with recidivism for female offenders (N= 14,737). When available, we also made within‐sample comparisons based on gender. These comparisons produced effect sizes for males and females that were statistically similar. Policy Implications These results are consistent with those generated in previous research on the LSI‐R. They call into question prevailing critiques that the LSI‐R has predictive validity for male but not for female offenders. At this stage, it seems that corrections officials should be advised that the LSI‐R remains an important instrument for assessing all offenders as a prelude to the delivery of treatment services, especially those based on the principles of effective intervention. Critics should be encouraged, however, to construct and validate through research additional gender‐specific instruments that revise, if not rival, the LSI‐R.     

Hands‐Off or Hands‐On?: Deconstructing the ‘Test‐Case’ of Re G within a Culture of Children's Rights

This note challenges the so‐called ‘test‐case’ status of Re G in so far as it attempts to overturn the principle established in Re T that courts should adopt a neutral position when it comes to weighing the merits of different upbringings and the education provided by parents of minority religions. In determining the future upbringing and education of children who had been brought up in a minority religious community, Re G applies a principle of maximising educational opportunity in order to uphold the mother's proposed educational choice and way of life. This note argues that Re G was wrong to do so, should not be regarded as establishing any new principle and that the only relevant principle, both in determining this case and future cases, ought to rest on the psychological well‐being of the child.     

Socially Responsible Private Regulation: World‐Culture or World‐Capitalism?

This article analyzes the phenomenon of “corporate social responsibility” (CSR; specifically: social private regulation) in light of two sociological paradigms of globalization: “world‐culture” and “world‐capitalism.” The study treats three analytically distinct features of CSR: the political contestation over its meaning, the role of business studies in transforming it into a managerial model, and its consolidation as a market of authorities. The study finds that (1) while CSR may be theorized as a emergent “world cultural” model, the culture paradigm does not take sufficient account of the role of corporations in shaping it, and (2) while both paradigms recognize the transition from political contestations over the character of CSR to its deployment by means of private regulation, the world‐capitalism paradigm offers stronger tools for theorizing the mechanisms of change that mediate between political agency and institutionalized regulatory outcomes.     

Religious Radicalization and Lone‐Actor Terrorism: A Matter for Psychiatry?

This article discusses the place of the psychiatric field in the ongoing phenomenon of religious radicalization. First, the article provides an overview of the existing literature on lone‐actor terrorists and the link with mental illness. Current research is focusing increasingly on lone‐actor terrorists. This is the most recent and rising development on the global terrorism scene. The literature is currently developing a more precise and informed definition of lone‐actor terrorism. The article then describes and discusses the case study of a mentally ill patient arrested following his assault on a military serviceman on the grounds of religious radicalization. The patient, diagnosed with schizophrenia, is taken as an example of the specific case of religious radicalization in patients with schizophrenia. Finally, the article discusses the curative and preventive roles that can be played by psychiatrists and other professionals who are in contact with these types of patients.     

A Disruptive Influence? “Prevent‐ing” Problems and Countering Violent Extremism Policy in Practice

This article describes how disrupting the activities of suspected violent extremists has become an increasingly significant construct in the policy and practice of the Prevent strand of UK Counter‐Terrorism. Informed by empirical data collected during semi‐structured interviews with police officers involved in conducting disruptions and members of the communities where these occurred, blended with a limited amount of field observation, the analysis documents how and why a logic of disruption has assumed increasing prominence in counter terrorism work. In respect of police interventions in particular, implementing disruptions, rather than pursuing fully‐fledged prosecutions, represents a pragmatic way of reconciling increasing demand with limited resources, as well as managing some of the difficulties of translating intelligence into legal evidence. Conceptualized in this way, the analysis positions disruption as a distinctive mode of crime prevention; one premised upon logics of near‐event interdiction. As such, it is understood as rather different in its operations and functions to other forms of “early intervention” that are increasingly prominent in much contemporary crime prevention policy. By focusing upon how specific Prevent interventions are implemented and performed this analysis makes a particular contribution to our knowledge of counter terrorism work. This reflects the fact that most previous studies of Prevent and other countering violent extremism programs have provided analyses of community perceptions and reactions to policing and the policy frame, rather than the configuration of the interventions themselves.     

Designing ETPIMs around ECHR Review or Normalisation of ‘Preventive’ Non‐Trial‐Based Executive Measures?

This article considers the transition in 2012 from control orders to more ECHR‐compliant ‘terrorism prevention and investigation measures’ under the Terrorism Prevention and Investigation Measures Act 2011. It argues that the interaction between security and liberty over the post 9/11 years has the appearance of a dialogue between courts and the executive that has resulted in a diminution in the repressive character of non‐trial based preventive measures. But such an impression, it will be contended, is obscuring the recalibration of ECHR rights that has occurred, easing the path to the introduction of the enhanced version of TPIMs, under the Enhanced Terrorism Prevention and Investigation Measures Bill. The proposed ETPIMs exhibit many of the objectionable features of control orders and are currently ready to introduce if the threat level rises.     

Comments on Illegal War and Illegal Conduct: Are the Two Related?

This article examines whether there is a link between the legality or otherwise of an armed conflict under jus ad bellum and the subsequent conduct of the campaign under jus in bello. This is done by comparing two conflicts where the legality was not in serious dispute, the Falklands/Malvinas conflict and the Iraq War 1990–1991, and three where the legality has been questioned, Kosovo 1999, the ‘global war on terror’ and the Iraq War 2003. In looking for a common link, the author is drawn away from concerns over the jus ad bellum to doubts over the content of the relevant law governing the conduct of hostilities. Uncertainties in the law have occurred both from the extension to non-international armed conflict of ‘Hague law’, traditionally applicable only in international armed conflicts, and the overlap between human rights law and the law of armed conflict. The author concludes that there is a danger that the balance between military necessity and humanity may be disturbed so that the law will become impracticable in the cauldron of conflict to the detriment of all, soldier and civilian alike.

     

Evaluating the Child Abuse and Neglect Institute: Does Training Affect Decision‐Making?

Traditionally, training evaluations have focused on participants' satisfaction and self‐reported knowledge gain. The current study uses a different approach to evaluate the Child Abuse and Neglect Institute (CANI), a training program designed to educate judicial officers on best practices in child abuse and neglect cases. CANI participants were asked to review a case scenario and render decisions about the case before and after the trainings. Findings suggest CANI has several positive impacts on judicial decision‐making, including an increased willingness to engage the father, an increased focus on the child, and increased motivation to comply with the Indian Child Welfare Act.     

HOW EFFECTIVE ARE COURT‐AFFILIATED DIVORCING PARENTS EDUCATION PROGRAMS? A META‐ANALYTIC STUDY

In this meta‐analytic study, we looked at all empirical studies that examined the effectiveness of court‐affiliated divorcing parents education programs (DPEs). Overall, we found that DPEs were generally effective. Nineteen studies with a DPE treatment group and no‐treatment control group had an overall significant moderate positive effect (d= .39); those who participated in DPEs were about 50% better off in terms of program outcomes compared to those who did not participate. The studies examined five specific outcomes: co‐parenting conflict, parent‐child relationships, child well‐being, parent well‐being, and relitigation; with most of these specific outcomes we found significant moderate effects ranging from d= .19–.61. However, there were important methodological limitations in this body of research, which are discussed. While more research is needed to confirm the positive potential of DPEs, we probably know enough to justify continuing and even increasing support for this recent social policy innovation.     

‘All About That Bass’? Is non‐ideal‐weight discrimination unlawful in the UK?

People of non‐ideal‐weight (overweight or severely underweight) are subjected to discrimination, in the workplace and elsewhere, based on attitudinal assumptions and negative inferences from their membership of a group, such as that they are insufficiently self‐motivated to make good employees. But is that discrimination unlawful in the UK? The Equality Act 2010 offers only a very tenuous route for protection, because the Act is based largely on a ‘medical model’ of disability. EU law, which embraces a ‘social model’ of disability, drawing from the UN Convention on the Rights of Persons with Disabilities, offers more, at least in theory. But the mechanisms for enforcing individual EU law rights mean that entitlements in EU law are likely to be enforceable in practice only against state employers. This situation leaves a gap in the law which is remediable only by legislative reform.     

Trace Element Analysis of Rough Diamond by LA‐ICP‐MS: A Case of Source Discrimination?*,†

Abstract: Current profiling of rough diamond source is performed using different physical and/or morphological techniques that require strong knowledge and experience in the field. More recently, chemical impurities have been used to discriminate diamond source and with the advance of laser ablation–inductively coupled plasma–mass spectrometry (LA‐ICP‐MS) empirical profiling of rough diamonds is possible to some extent. In this study, we present a LA‐ICP‐MS methodology that we developed for analyzing ultra‐trace element impurities in rough diamond for origin determination (“profiling”). Diamonds from two sources were analyzed by LA‐ICP‐MS and were statistically classified by accepted methods. For the two diamond populations analyzed in this study, binomial logistic regression produced a better overall correct classification than linear discriminant analysis. The results suggest that an anticipated matrix match reference material would improve the robustness of our methodology for forensic applications.