The emergence of maternal-fetal conflict policies

George Washington University Medical Center's Policy on decisionmaking by pregnant patients is being widely circulated by the ACLU; copies of the Policy can be obtained by calling the American Civil Liberties Union Reproductive Freedom Project. There is, of course, much disagreement over the details of the Policy; not everyone will agree with its underlying philosophy favoring maternal rights. Nevertheless, there does seem to be a consensus that wherever possible these conflicts should be resolved in accordance with previously adopted policies rather than by the courts on an ad hoc basis. Had the Policy been in place in 1987, the Carder case would probably not have been submitted to a judge in the first place, nor would Angela Carder have been forced to undergo a Caesarean section. All hospitals should consider adopting a maternal-fetal conflict policy, and those that do so should be aware of the George Washington University Medical Center Policy, whether or not they agree with its provisions. Whatever policy each hospital ultimately develops should be integrated with decisionmaking and informed consent policies already in place. The formulation and implementation of such a policy, reflecting the hospital's legal and ethical obligations to its pregnant patients, will go a long way towards preventing unnecessary resort to the courts.     

Memory for political actors: Contrasting the use of semantic and evaluative organizational strategies

This paper explores the organizational strategies used to represent information about political actors in memory, and it illustrates the usefulness of a specific measure, the adjusted ratio of clustering score (ARC), for inferring memory structure. Assuming the operation of an associative network model, we argue that information about a political actor can be organized along three distinct dimensions: attribute type (differentiating between issue positions and personal attributes), partisanship (differentiating between characteristics typical of Republicans and Democrats), and evaluative type (differentiating between positively and negatively evaluated attributes). The results of a laboratory study indicate that organization along the attribute type dimension was most common, with some evidence of partisan organization. There was no evidence of organization along the evaluative dimension. The implications of the study for understanding individual differences in political reasoning, and the consequences of memory organization strategies, are discussed.     

Experimental results on data analysis algorithms for extracting and interpreting edge feature data for duct tape and textile physical fit examinations

A physical fit is an important observation that can result from the forensic analysis of trace evidence as it conveys a high degree of association between two items. However, physical fit examinations can be time-consuming, and potential bias from analysts may affect judgment. To overcome these shortcomings, a data analysis algorithm using mutual information and a decision tree has been developed to support practitioners in interpreting the evidence. We created these tools using data obtained from physical fit examinations of duct tape and textiles analyzed in previous studies, along with the reasoning behind the analysts' decisions. The relative feature importance is described by material type, enhancing the knowledge base in this field. Compared with the human analysis, the algorithms provided accuracies above 90%, with an improved rate of true positives for most duct tape subsets. Conversely, false positives were observed in high-quality scissor cut (HQ-HT-S) duct tape and textiles. As such, it is advised to use these algorithms in tandem with human analysis. Furthermore, the study evaluated the accuracy of physical fits when only partial sample lengths are available. The results of this investigation indicated that acceptable accuracies for correctly identifying true fits and non-fits occurred when at least 35% of a sample length was present. However, lower accuracies were observed for samples prone to stretching or distortion. Therefore, the models described here can provide a valuable supplementary tool but should not be the sole means of evaluating samples.     

Senkt New Public Management die Verwaltungsausgaben in den Schweizer Kantonen? Eine empirische Analyse über zwei Dekaden

In light of the growing public spending in many regions of the world, this study scrutinizes relevant determinants of core public administration expenditure at the cantonal level in Switzerland, focusing particularly on New Public Management (NPM) reforms. The empirical study comprises all 26 cantons in the period from 1993 through 2014 and uses both cross‐sectional and longitudinal analytical methods. In addition to NPM, we control for various variables related to political parties, institutions, socioeconomics and culture. The results show no clear relationship between NPM reforms and expenditure, although such reforms were often intended to cut costs. Our explanation for this finding is that NPM as a concept is rather inconsistent. Various control variables are either positively or negatively related with expenditure. All in all, our findings suggest that public expenditure is still mostly determined by politics and can only be influenced by administrative reforms within certain narrow limits.     

Public Service Motivation: A Systematic Literature Review and Outlook

Over the past two decades, research on public service motivation has seen rapid growth. Despite the relatively large number of publications to date, no systematic research overview has been created, leaving the body of literature somewhat unstructured and possibly hampering future research. This article fills this void by providing a systematic literature review of 323 publications that examines six key aspects of the literature on public service motivation: the growth of research on the concept, the most prominent studies based on a referencing network analysis, the most frequent publication outlets, research designs and methods, lines of inquiry and patterns of empirical findings, and implications for practice drawn from the publications in the study sample. Strengths and weaknesses of the existing literature are identified, and future research directions are proposed.     

Global Constitutionalism: Editorial Introduction

Netherlands International Law Review -     

Climate Change Mitigation Techniques and International Law: Assessing the Externalities of Reforestation and Geoengineering

As a subspecies of the climate justice debate, a compelling moral case can be made that actors should receive their fair share of benefits and burdens, and more specifically, that those who benefit from the provision of public goods ought, under some circumstances, to share in the costs of their provision. The climate justice debate has paid relatively scant attention, however, to the possible adverse side‐effects of climate mitigation mechanisms. The article reviews such global public goods‐protecting techniques as compensation payments for keeping rainforests intact, and climate engineering, for their adverse impact on human rights and biodiversity. Espousing a consequentialist ethical perspective, it calls for increased vigilance in institutionally designing and implementing climate change mitigation mechanisms, however well‐intentioned these may be.     

Quantitative assessment of evidential weight for a fingerprint comparison I. Generalisation to the comparison of a mark with set of ten prints from a suspect

The authors have published elsewhere a quantitative method for assessing weight of evidence in the case where a finger mark from a crime scene is compared with a control print taken from a single finger of a suspect. The approach is based on the notion of calculating a likelihood ratio (LR) that addresses a pair of propositions relating to the single finger that was the origin of the crime mark. In practice, things are rather different because the crime mark will not just be compared with a single finger from a suspect but with a set of prints from all of his/her fingers; likewise, when the mark is compared with a database, this will consist of ten print records from random individuals. It is clear that "finger propositions" are not realistic in this situation and we show how our approach may be generalised to address a pair of propositions that relate to the person that made the crime mark. It often is the case that information is present at the crime scene that enables some inference to be drawn relating to which of the offender's ten fingers left a particular mark of interest. This kind of inference may profitably be drawn into the formal analysis. We illustrate our approach with an example.     

The European Court of Justice in Bolagsupplysningen: The Brussels I Recast Regulation's jurisdictional rules for online infringement of personality rights further clarified

In the European Union the Brussels Ibis Regulation governs the jurisdiction of Member State courts in civil and commercial matters. The reference for a preliminary ruling coming from the Estonian Supreme Court in the Bolagsupplysningen case offered the European Court of Justice another opportunity to develop its interpretation of the special ground for non-contractual obligations (article 7.2). The European Court of Justice's Grand Chamber ruled that legal persons, like natural persons, have the option of bringing a claim based on the infringement of personality rights by an online publication before the courts of the Member State where their centre of interests is located. It laid down that the centre of interests of a legal person pursuing an economic activity is determined by reference to the place where the company carries out the main part of its economic activities. The victim of a tortious internet publication can only seek an order for rectification and removal of the incorrect information in the courts that have jurisdiction over the entirety of the harm sustained and not before the courts that only enjoy jurisdiction with regard to the damage suffered in their territory.