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.     

Bringing the Falklands/Malvinas Home: Young People's Everyday Engagements with Geopolitics in Domestic Space

This paper draws on recent research examining feminist and everyday geopolitics to focus on the relatively neglected domestic sphere as a space where geopolitical events like the Falklands/Malvinas war are learnt, (re)produced, remembered and contested by young people. It presents qualitative data drawn from interviews with young people from Argentina (Río Gallegos) and the Falkland Islands (Stanley), locations with intimate connections to the 1982 war. It argues that research in domestic environments that engages the familial relations, objects and practices that embody geopolitical pasts can help make sense of how young people (are able to) express geopolitical agency.     

Speaking of Justice: A Qualitative Interview Study on Perceived Procedural Justice Among Defendants in Dutch Criminal Cases

Qualitative interviews with one hundred defendants in Dutch criminal cases examine whether perceived procedural justice is a relevant concern for defendants, and, if so, which procedural justice components they refer to. The study provides a point of epistemological departure from the quantitative studies dominating the field, as it assessed which components of procedural justice (if any) respondents put forward themselves rather than asking about predetermined procedural justice components. The large majority of respondents mentioned procedural justice issues themselves, and six components were at the core of their procedural justice perceptions: (1) information on which decisions are based, (2) interpersonal treatment, (3) due consideration, (4) neutrality, (5) voice, and (6) accuracy. Although these procedural justice components largely correspond with the literature, respondents thus mentioned some components more often, and others less often, than the literature would suggest. In particular, neutrality plays an important role in the Dutch legal context examined here.     

Acute myoglobinuria as a fatal complication of heroin addiction

A fatal case of myoglobinuria complicating heroin addiction is described. Clinically the patient had no overt symptoms of rhabdomyolysis. Pathologists should be alerted to this rare complication in heroin addicts who die of no apparent cause. The antimyoglobin immunoperoxidase technique is useful in confirming the diagnosis.     

When ADR becomes the law: A review of federal practice

Conclusion With the passage of the Administrative Dispute Resolution Act, the stage was set for innovation and change in federal agencies. Now, part way into the five-year life of the Act, a new administration has the potential to encourage even wider use of ADR at the federal level, providing still more examples from which to develop a clearer sense of best practice. Additional funds, both for ACUS and individual agencies, are vital to providing the level of experimentation, innovation, and documentation needed to ensure success.MIT ProfessorLawrence E. Susskind is director of the MIT-Harvard Public Disputes Program, 512 Pound Hall, Harvard Law School, Cambridge, Mass. 02138.Eileen F. Babbitt is associate director of the Public Disputes Program.Phyllis N. Segal is a practicing mediator with Endispute, Incorporated.The authors would like to acknowledge the federal dispute resolution specialists who contributed greatly to our work by providing interviews and materials for this article: Cathy Costantino of FDIC; David Batson of EPA; John Settle and Ron Walczak of HHS; David Drabkin of DLA; Jim Jones of DOL; Sheldon Guttman of FCC; Charles Pou of ACUS; Jeff Domber of GSA; and Diane Liff of DOT.     

A LOG‐MULTIPLICATIVE ASSOCIATION MODEL FOR ALLOCATING HOMICIDES WITH UNKNOWN VICTIM‐OFFENDER RELATIONSHIPS*

This research note critically evaluates conventional methods for allocating homicides with an unknown victim/offender relationship to meaningful categories, and it proposes an alternative approach. We argue that conventional methods are based on a problematic assumption, namely, that the missing data mechanism is “ignorable.” As an alternative to these methods, we propose an imputation algorithm derived from a log‐multiplicative model that does not require this assumption. We apply this technique to estimate levels of homicides disaggregated by victim/offender relationship using the Federal Bureau of Investigation's Supplementary Homicide Report (SHR) data for 1996 and 1997, and we compare the resulting estimates with those obtained from the application of conventional procedures. Our results yield a larger proportion of stranger homicides than are obtained from the conventional methods.     

PUBLIC SECTOR REFORM IN DUTCH HIGHER EDUCATION: THE ORGANIZATIONAL TRANSFORMATION OF THE UNIVERSITY

During the past few decades traditional state‐centred governing arrangements have been critiqued and replaced by alternative modes of governance. Higher education is one of the public sectors where such shifts in governance have been seen. As a consequence of the reshuffling of authority and responsibilities across the different levels in Dutch higher education, universities as organizations have become important foci of attention in the system’s coordination. The main question addressed in this article is to what extent we can speak of an organizational transformation of Dutch universities. Based on conceptual ideas from researchers such as Greenwood and Hinings (1996), Ferlie et al. (1996) , and Brunsson and Sahlin‐Andersson (2000) , we use a framework that focuses attention on the concepts of the construction of identity, hierarchy and rationality to systematically analyse the various aspects of transformations of professional organizations.     

Bolt from the Blue or Avoidable Failure? Revisiting September 11 and the Origins of Strategic Surprise

Drawing on the strategic surprise, warning-response, and foreign policy literature, this article argues that the September 11 terror attacks should be regarded as a strategic surprise and examines a number of key factors that contributed to vulnerability and inhibited vigilance. Three broad explanatory "cuts" derived from the literature—psychological, bureau-organizational, and agenda-political—are deployed to sift through the rapidly expanding empirical record in an effort to shed light on the processes and contextual factors that left the United States vulnerable to the attacks. The article aims to improve our understanding of generic processes and practices that enhance or detract from vulnerability and vigilance.     

The Imprint of Childhood Physical and Emotional Abuse: A Case Study on the Use of EMDR to Address Anxiety and a Lack of Self-Esteem

This article examines the use of Eye Movement Desensitization and Reprocessing (EMDR) in helping a client address problems with persistent anxiety and a lack of self-esteem. During EMDR treatment, the client explored the dichotomous thinking that had plagued her since childhood, and correspondingly, the role of childhood physical and emotional abuse in her chronic feelings of inadequacy and anxiety. The client experienced significant improvement in her levels of anxiety and problems with self-esteem, both at the end of treatment and at 1-year follow up. Qualitative and quantitative data are utilized in this case study outlining the use of EMDR with a client diagnosed with dysthymic disorder.