New Zealand lawyers and conveyancers disciplinary tribunal cases involving vulnerable clients, 2011–2017*

ABSTRACT

This research analyses disciplinary decisions of the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (NZLCDT) from 2011 to 2017 that involve vulnerable clients. Increasingly, scholarship discusses vulnerability as an ethical concept, including in the legal context. Based on published decisions, the present study inquires whether some legal clients’ vulnerability warrants special attention. Twenty-five of the 193 clients in the NZLCDT decisions qualified as vulnerable based upon age, gender, mental health/neuro-disability or immigrant status. The results may inform disciplinary bodies and inspire preventive strategies by lawyers, educators and regulatory bodies. Ultimately, this evidence-based analysis magnifies the importance of client-centred approaches to risk reduction in legal practice.     

What do forensic analysts consider relevant to their decision making?

In response to research demonstrating that irrelevant contextual information can bias forensic science analyses, authorities have increasingly urged laboratories to limit analysts' access to irrelevant and potentially biasing information (Dror and Cole (2010) [3]; National Academy of Sciences (2009) [18]; President's Council of Advisors on Science and Technology (2016) [22]; UK Forensic Science Regulator (2015) [26]). However, a great challenge in implementing this reform is determining which information is task-relevant and which is task-irrelevant. In the current study, we surveyed 183 forensic analysts to examine what they consider relevant versus irrelevant in their forensic analyses. Results revealed that analysts generally do not regard information regarding the suspect or victim as essential to their analytic tasks. However, there was significant variability among analysts within and between disciplines. Findings suggest that forensic science disciplines need to agree on what they regard as task-relevant before context management procedures can be properly implemented. The lack of consensus about what is relevant information not only leaves room for biasing information, but also reveals foundational gaps in what analysts consider crucial in forensic decision making.     

Applying Stone in a Western Landscape: Ranchers,Conservationists, and Causal Stories in the “American Serengeti”

As the emergence of nongovernmental conservation efforts generates conflict among various stakeholders, the causal story that each party articulates regarding conservation and the causes of land degradation reflects their unique interests. This study uses existing literature to evaluate causal stories surrounding a contemporary conservation effort: Montana's American Prairie Reserve. Through qualitative review of web‐based documents and newspaper articles, it generates a preliminary account of key stakeholders' causal stories. The case study suggests that parties who might be disadvantaged by ascribing responsibility for environmental harms in an adversarial fashion may instead elect to articulate causal stories that are more neutral than existing approaches might forecast. The study concludes by suggesting that further development of causal story literature may enable it to better address contemporary conservation efforts.     

Molecular Identification of Necrophagous Dermestes Species in South Korea Using Cytochrome c Oxidase Subunit I Nucleotide Sequences (Genus Dermestes)

Species identification of necrophagous insects found on a dead body is an essential key in applying medicolegal entomology to the estimation of postmortem interval (PMI). Due to limited morphological identification of insect evidence, several studies have identified species using molecular information such as DNA markers. While considerable cytochrome c oxidase subunit I (COI) gene sequence data of necrophagous fly species have been collected and annotated, those of necrophagous beetle species have not. Since necrophagous beetles such as Dermestes species have a larval period longer than that of flies, beetles are useful in even the late decomposition phase in estimating minimum PMI. To obtain the full-length COI gene sequences of six Dermestes species collected from South Korea, we designed primers for polymerase chain reaction amplification and sequencing. The obtained full COI nucleotide sequences were used for performing phylogenic analysis and comparison with previously reported sequences. The results demonstrated that the COI gene sequences could be used to identify forensically important Dermestes species in South Korea.     

The Stability of 4-Chloromethcathinone in Blood and Vitreous Humor

We present results of our study on the stability of 4-chloromethcathinone (4-CMC) in authentic postmortem peripheral blood and vitreous humor samples. The stability of 4-CMC was determined in postmortem blood samples (for a period of 90 days) and vitreous humor (30 days) at three different temperatures: −15°C, +4°C, and + 23°C. The analyses were carried out using ultra-high-performance liquid chromatography coupled with triple-quadrupole tandem mass spectrometry (UHPLC-QqQ-MS/MS). In both materials, the lowest 4-CMC stability was demonstrated at room temperature. The blood samples stored in a freezer (−15°C) showed stability for the entire study period (90 days), while in the case of the vitreous humor sample stored at the same temperature the concentration of the substance decreased by 53% after 30 days. The study carried out in authentic postmortem blood and vitreous humor samples confirms the previous reports of 4-CMC instability in biological material. Authors suggest that the biological material should be stored frozen until analyses are carried out as soon as possible after collection of the material.     

War-Power Reform in Australia: (Re)considering the Options

The decision to go to war in Australia remains the prerogative of the Executive. The lack of parliamentary authorisation of perhaps the most significant decision a democracy can make has seen sustained, but unsuccessful, efforts to reform legislation. In the wake of the costly invasion and occupation of Iraq in 2003, repeated calls for legislative reform of Australia's war powers have failed to find traction amongst Coalition and Australian Labor Party (ALP) leadership. Lamenting the lack of transparency and accountability in the current system, those favouring legislative reform would see authorisation of combat missions placed in the hands of Parliament. However, given the lack of support from either of the major parties, any legislative reform remains unlikely. Given this impasse, this article argues that a compromise option, in the form of a new war-powers convention, may be a small step towards democratising the decision of going to war. While not legally binding, this constitutional convention would represent an agreement by the major parties that overseas combat operations will be properly debated in Parliament.     

Loring Paul Jones: Life After Foster Care: Improving Outcomes for Former Foster Youth

Journal of Youth and Adolescence -     

‘Let's Win this Game Together’: Children's Rights Violations,Macro‐Securitisation and the Transformative Potential of the 2014 FIFA World Cup in Brazil

Sport's transformative potential is known to support marginalised children, to deal with traumatic experiences and instil positive values; yet hosting mega sporting events (MSEs) can have negative impacts. Drawing on participatory research with favela‐based children during the 2014 World Cup in Brazil, this article argues that MSEs bring a macro‐securitisation of urban life, which causes considerable harm. This paper also suggests that the inclusion of children's voices in advocacy debates can challenge top‐down securitisation and might allow MSEs to foster further positive social transformation. Therefore, juxtaposed with causing harm, macro‐securitisations can open opportunities for children to take action and have their voices heard.     

生态环境损害赔偿磋商与司法衔接关键问题探析

生态环境损害赔偿磋商的结果及磋商协议的性质是磋商与司法衔接走向的决定性因素。根据《生态环境损害赔偿制度改革方案》,生态环境损害赔偿磋商应解读为民事性质。由此产生对磋商协议的司法确认和后续的申请人民法院强制执行问题,此为磋商与司法衔接的第一重关系。生态环境损害赔偿磋商、生态环境损害赔偿诉讼也有相较于环境民事公益诉讼的优先性,此为生态环境损害赔偿磋商与司法衔接的第二重关系。在这两重关系的框架内,具体衔接过程中如何操作则属需研究的细节问题。