Harm,Consent and the Limits of Privacy

Within the context of U.K. law, the right to respect for private life, articulated in Article 8 of the European Convention on Human Rights, and acknowledged more opaquely in domestic legislation and case law, is one whose scope is unclear. Nowhere is this brought into sharper relief than in cases where conduct which manifests a person’s sexual identity, or concerns her intimate relations with others, is prima facie criminal. In this essay I attempt, through a discussion of cases in which injury is caused in the context of relationships experienced inter-subjectively as private, to explore the contexts in which the law is prepared to legitimate that inter-subjective experience, and where it is not. Using cases in which injury has been caused purposively (in S/M sex), and incidentally (through the reckless transmission of HIV during sexual intercourse), the essay argues that the law is prepared to respect the right to respect for private life only in so far as the private life concerned is one which reinforces traditional gender roles and relationship types; in short, a life that one would be prepared to live publicly.     

V.A.T., Taxation and Prostitution: Feminist Perspectives on Polok

Debates concerning the taxation of prostitution have occurred in taxation law and in feminist literature. This article will integrate the case of Polok v. C.E.C. [2002] E.W.H.C, 156; [2002] S.T.C. 361, within the feminist legal canon. The case is discussed in the context of the argument of the European doctrine of fiscal neutrality, which dictates that, regardless of legality as amongst member states, if an activity is levied to V.A.T. in one member state, V.A.T. should be levied on it in all member states. The doctrine of sovereignty accepts the possibility that the integrity of the V.A.T. system may be compromised by the levying of tax on illegal activities, in terms of the cooperation between tax and other aspects of the U.K.’s legal system. European law, feminist law, commodification and the marketplace are all considered within the context of these principles. The article also considers the place of Polok within standard feminist texts on prostitution. Different paradigms of prostitution define different aspects of prostitution as ‘problems’, and the article considers the implications within a feminist reconstruction of Polok of this. The article suggests that the challenge for a feminist analysis of Polok is to remain within the realm of European tax and competition law, and to render the perspective of the employees of the Polok taxpayers part of the substance of the deliberations of the case.     

Developmental Benefits of Extracurricular Involvement: Do Peer Characteristics Mediate the Link Between Activities and Youth Outcomes?

In this article, we test: (a) the relation between school-based extracurricular participation and indicators of positive and negative development across a range of activity contexts, and (b) a mediation model linking activity participation, prosocial peers, and development. Extensive survey information was collected from a predominately White sample of middle class adolescents in 9th, 10th, and 12th grades. Extracurricular participation was related to more favorable academic, psychological, and behavioral adjustment; the pattern of findings differed by activity and outcome. In addition, we documented some support for the hypothesis that the link between extracurricular participation and positive adjustment is partly a function of associating with a prosocial peer group. Implications of these findings and suggestions for future research are presented. Assistant Professor of Human Development, Connecticut College. Received her PhD in 1999 from the University of Michigan. Major research interests include motivation, school engagement, extracurricular participation, and adolescent development. MacKeachie Collegiate Psychology Professor, University of Michigan. Received PhD in 1974 from the UCLA. Recent work focuses on ethnicity and the transitions from middle childhood to adolescence and into adulthood.     

Adolescent Boys and Body Image: Weight and Muscularity Concerns as Dual Pathways to Body Dissatisfaction

This research evaluated a dual pathway model for body dissatisfaction among adolescent boys. The study provides empirical support for the importance of distinguishing between weight and muscularity concerns in understanding male body image. A total of 128 boys from grades 8 and 11 completed a self-report questionnaire. Results indicated that weight and muscularity concerns each made unique contributions to body dissatisfaction and were associated with distinct individual and peer context characteristics. Weight concern was associated with elevated BMI and more frequent appearance conversations with friends. Muscularity concern was significantly greater among boys who reported more frequent muscle-building conversations, had lower BMI, and were older. The results support the importance of distinguishing between and assessing both muscularity and weight concerns in the development of body image dissatisfaction among adolescent boys.     

Evidence of Atrocities or Atrocious Use of Evidence: The Controversial Use of Atrocity Film at Nuremberg

This article focuses upon the utilisation of film evidence in criminal proceedings. It describes and evaluates the historical deployment of this type of material at War Crimes Trials, with particular emphasis upon the International Military Tribunal established at Nuremberg, in 1945, in the wake of the Second World War. During this Trial, the prosecution placed reliance upon the film, Nazi Concentration Camps, depicting with graphic realism the horrific barbarism of the Nazi regime. However, this was only made possible by the implementation of innovatory evidential procedures, effectively circumventing the hearsay rule. A comparison is drawn between this, and the current position in England and Wales, following the recent relaxation of the traditional embargo upon hearsay evidence. However, film evidence of the type adduced at Nuremberg may be more prejudicial than probative and should such circumstances arise, the interests of justice may not truly be served. Susan Twist is Senior Lecturer in Law at the Lancashire Law School, University of Central Lancashire. smtwist@uclan.ac.uk. The author was assisted in research for this article by the dissertation of Kellie Goggins.     

Family Representative Payeeship and Violence Risk in Severe Mental Illness

Although representative payeeship is prevalent among people with mental illness and shows promise to positively influence clinically relevant outcomes, research also suggests this legal mechanism could be implemented in ways that are problematic. The current study examined whether family representative payeeship was associated with elevated risk of family violence perpetrated by persons with severe mental illness (SMI). Data were collected every 4 months for 1 year in structured interviews with N = 245 persons with SMI who received disability benefits. Multivariate analyses showed that substance abuse, history of violence, frequency of family contact, and family representative payeeship were associated with elevated odds of family violence. Analyses also showed family contact and family representative payeeship had a cumulative effect on increasing the predicted probability of family violence (controlling for covariates such as violence history and substance abuse). The data shed light on the potential for family representative payeeship to be associated with increased risk of interpersonal conflict and violence in SMI.     

Conduct and its Consequences: Attempts at Debiasing Jury Judgments

Jurors in negligence cases are supposed to judge a defendant by the reasonableness of his or her conduct and not by the consequences of that conduct. But several studies have shown that a cognitive heuristic known as hindsight bias can skew post hoc judgments of some prior behavior. Thus, jurors who must evaluate the actions of a defendant may be influenced inappropriately by the consequences of those actions. A complementary problem arises when jurors must evaluate the injuries incurred by the plaintiff. Here, jurors' knowledge about the defendant's allegedly negligent conduct can proactively influence their assessment of the plaintiff's injuries and determination of damages. The purpose of the present study was to examine the effectiveness of two procedural techniques intended to reduce or eliminate the impact of hindsight bias in negligence cases—multiple admonitions from a judge about the proper use of evidence—and bifurcation (actually withholding irrelevant evidence from jurors). We presented a re-enacted automobile negligence trial to 355 jury-eligible adults drawn from the community, varied the evidence and instructions that they heard, and measured liability judgments and damage awards from individual jurors both before and after deliberating, and from juries. Results showed that admonitions were generally ineffective in guiding jurors to the proper use of evidence but that bifurcation was relatively more effective. Deliberations had no curative effect on jurors' misapplication of evidence.