A review of telecom markets in the EU: What did the European Commission learn or not from the past?

The EU telecom regulation relies on a market-by-market sunset approach. In order to facilitate the market review of national regulatory authorities, the European Commission has offered two successive sets of recommended markets susceptible to ex ante regulation. The inclusion or exclusion of a recommended telecom market is analyzed on its competition conditions across the EU. Beginning in 2014 the European Commission published the draft third Market Recommendation. This article aims to give a critical evaluation of those recommended markets by surveying the competition situations on every telecom market in the EU Member States. It observes that while the drafted Third Recommendation makes a reasonable assessment for most telecom markets, it may not have appropriately addressed markets such as retail fixed access, wholesale call origination, wholesale fixed and mobile call termination, wholesale high-quality access, and wholesale broadcasting transmission.     

A synthesis of pertinent research relating to technical information systems

This article investigates, evaluates, and summarizes pertinent research on technical information systems (TIS) — the vehicle by which technology is disseminated and acquired by potential users of that technology. Since the TIS is a critical element in the transfer process, it is recommended as the place to begin — employing the principles of systems analysis and design — to optimize transfer of technology.     

ASSESSING THE PARENT–CHILD RELATIONSHIP IN PARENTING CAPACITY EVALUATIONS: CLINICAL APPLICATIONS OF ATTACHMENT RESEARCH

The lack of an articulated model of parenting competence and the limited use of empirically based assessment procedures is a weakness of current parenting capacity assessment protocols. The current article attempts to address this issue through the application of attachment theory and research in assessing one of the most critical components of parenting capacity assessments: the parent–child relationship. New empirically and attachment‐based assessment tools and procedures, well suited for the assessment of parental fitness, are presented, along with recommended practice guidelines to enhance the assessment of the parent–child relationship in cases of young, maltreated children (under 6 years of age).     

TRIAL COURTS' RESPONSES TO SUPREME COURT POLICY CHANGES

This is an exploratory study focusing on the response of federal district courts to Supreme Court changes in three policy areas: economic regulation, civil liberties, and criminal justice. An analysis of federal district court opinions published in the Federal Supplement before and after the Supreme Court decisions announcing the policy changes indicated that opinion-writing patterns of federal district judges changed in a manner consistent with the Supreme Court's new direction. Further study of the federal district courts' role in the policy process is recommended and suggestions for such research are made.     

Response to Bennett and Sommers

This paper is a response to Christopher Bennett’s and Tamler Sommers’ critical discussion of my book Responsibility from the Margins.

     

Terror and triage: prioritizing access to mass smallpox vaccination

In response to the threat of a smallpox attack on the United States, the Centers for Disease Control and Prevention ("CDC") recommended the establishment of smallpox clinics designed to distribute a vaccine to the entire U.S. population in a ten day period. However, a number of potential obstacles raise questions about the feasibility of this plan. What is needed is a plan that applies principles of triage to smallpox vaccine distribution following a bioterrorism attack. Only in this way can those most vulnerable--the previously unvaccinated--be protected from a significantly increased risk due to delays that might arise in executing the CDC plan.     

Volitional impairment and the sexually violent predator

This article discusses psychiatry's limited conceptualization of volitional capacity and its application to sexually violent predator laws by exploring two legal opinions critical to predator case law (Kansas v. Hendricks and Kansas v. Crane). The author reviewed pertinent psychiatric literature on impaired volition to identify potential contributions and limitations that psychiatry may offer the legal field. Assessment of the ego dystonic nature of impaired self-regulation, utilization of recent advances in self-assessment and laboratory evaluation of impulsive behavior, and dimensional categorization of a volitional capacity construct are recommended as an approach to the assessment and understanding of an inability to control concept. This paper concludes that elements of volition may be psychiatrically evaluated in a way that contributes to the Court's understanding of that capacity. However, further study is needed to operationally define volitional capacity and address issues of assessment validity and reliability.     

Assessing treatability in mentally disordered offenders

The research literature on the treatability of forensic patients is sparse and fragmented. Employing available studies, we argue for a radical rethinking of treatability within the criminal justice system as a complex predictive task that tests the very limits of clinical competence. Issues that must be addressed in examining treatment needs of mentally disordered offenders include (a) making crosssituational predictions, (b) determining the relationship, if any, between the mental disorder and criminal behavior, and (c) estabilishing the likelihood of treatment compliance, favorable treatment response, and the availability at some future date of recommended interventions.     

A Critical Analysis of the MND Criteria for Feigned Cognitive Impairment: Implications for Forensic Practice and Research

Forensic neuropsychology continues to grapple with critical determinations of response styles, including the assessment of malingering. The development of the Malingered Neurocognitive Dysfunction (MND) model has been highly influential for both feigning research and neuropsychological practice. In striving to be a comprehensive model of malingering, MND proposes complex criteria for ascertaining possible, probable, and definite levels. In its critical review, this article suggests the possibility of an MND bias towards the over-classification of malingering. It also examines the limits of MND research to adequately test the MND model. The conceptual and empirical limitations of MND are discussed with reference to theory and neuropsychological practice.     

CONTU revisited: the case against copyright protection for computer programs in machine-readable form

Professor Samuelson casts a critical eye on the Final Report of the National Commission on New Technological Uses of Copyrighted Works (CONTU) which recommended that copyright protection be extended to machine-readable versions of computer programs. CONTU appears to have misunderstood computer technology and misinterpreted copyright tradition in two significant respects. The Commission failed to take into account the historical importance of disclosure of the contents of protected works as a fundamental goal of both the copyright and patent laws. It also erroneously opined that the utilitarian character of a work was no bar to its copyrightability when both the statute and the case law make clear that utilitarian works are not copyrightable. Since computer programs in machine-readable forms do not disclose their contents and are inherently utilitarian, copyright protection for them is inappropriate. Congress acted on CONTU's recommendation without understanding the significance of these conceptual flaws. Professor Samuelson recommends the creation of a new form of intellectual property law specifically designed for machine-readable programs.     

Acute dissociative responses in law enforcement officers involved in critical shooting incidents: the clinical and forensic implications

The authors examine the prevalence of acute traumatic dissociative responses in a group of 115 law enforcement officers involved in critical incidents. Law enforcement officers were retrospectively surveyed for the presence of dissociative symptoms at the time of the critical incident, as well as for the presence of acute stress symptoms and posttraumatic stress symptoms. Results show that 90% of the officers reported experiencing a dissociative response during the critical incident. Thirty percent meet the Dissociative Criterion B of acute stress disorder under the DSM-IV. The mean number of dissociative symptoms in this group was two and one-half. In addition, 19% of the law enforcement officers reported varying forms of memory impairment for details of the incident. There were no reports of amnesia for the entire event. The clinical, forensic, and legal implications of these preliminary findings are discussed in this paper.     

当前医疗损害鉴定“二元化”模式的对策讨论

医患纠纷是一个复杂的社会问题,它掺杂了众多的社会矛盾。解决医患纠纷的核心是如何进行医疗损害鉴定,由于中国现实国情的复杂性,要想短时间内一劳永逸予以解决是不现实的。笔者提出应对医疗损害鉴定“二元化”模式的对策：近期将两个鉴定平台整合为一,成立医疗损害司法鉴定机构;中期成立医患纠纷特别法庭或仲裁庭并引进专家证人制度;远期设立医疗损害鉴定委员会,成立中国医疗损害鉴定协会。     

The National Response Plan: a new framework for homeland security, public health, and bioterrorism response

This Article provides a detailed overview of the new National Response Plan (NRP) with a focus on its applicability to bioterrorism and other public health emergencies. The Article highlights critical policy and legal issues left unresolved by the NRP, and offers recommendations for the resolution of those issues. The author concludes that, although the NRP is not perfect, it represents a major advance in domestic incident management and provides regular opportunities for review and revision as we learn how to best coordinate the national response to major incidents. A close working relationship between the Departments of Health and Human Services and Homeland Security should enable a unified response to bioterrorism and other public health emergencies in support of state and local efforts.     

Interobserver variation of selected postcranial skeletal measurements

Osteometric data are of great importance for analytical purposes in the field of forensic anthropology, and it is critical that interobserver concordance is high in order for the results of these analyses to be reliable. Significant interobserver variation of skeletal measurements is cause for concern since it may result in conflicting conclusions. The range of interobserver variation of selected postcranial measurements is addressed. Thirteen standard measurements familiar to most forensic anthropologists were examined, as well as nine nonstandard measurements that were unfamiliar to most participants in the study. Sixty-eight individuals participated in the study, the majority of whom considered themselves to be forensic anthropologists with various levels of experience. In general, interobserver variation of the tested standard postcranial measurements was found to be minimal, with the exception of pubis length and subtrochanteric femur measurements. The difficulties that can lead to measurement error are discussed and possible solutions are recommended.     

The Judicial Service Commission and the appointment of Women: more to it than meets the eye

ABSTRACT

The Judicial Service Commission (JSC) in South Africa was established in response to a pre-democratic era appointment system rich in patronage, opaqueness, and invariably, inequality. The use of judicial appointment bodies has been recommended by the Commonwealth Latimer House Principles, as a method of preserving judicial independence. However, not much research has been conducted into whether there is an absence of patronage and power dynamics when judicial appointment bodies replace executive type of appointments. This paper suggests that the introduction of appointment bodies does not eradicate privilege and power dynamics as some might believe. Rather, it creates a different type of dynamic that can be harmful for women.     

Food labeling: health claims; calcium and osteoporosis, and calcium, vitamin D, and osteoporosis. Final rule

The Food and Drug Administration (FDA) is amending its labeling regulation authorizing a health claim on the relationship between calcium and a reduced risk of osteoporosis to include vitamin D so that, in addition to the claim for calcium and osteoporosis, an additional claim can be made for calcium and vitamin D and osteoporosis; eliminate the requirement that the claim list sex, race, and age as specific risk factors for the development of osteoporosis; eliminate the requirement that the claim does not state or imply that the risk of osteoporosis is equally applicable to the general U.S. population, and that the claim identify the populations at particular risk for the development of osteoporosis; eliminate the requirement that the claim identify the mechanism by which calcium reduces the risk of osteoporosis and instead make it optional; eliminate the requirement that the claim include a statement that a total dietary intake greater than 200 percent of the recommended daily intake (2,000 milligrams (mg) of calcium) has no further benefit to bone health when the food contains 400 mg or more of calcium per reference amount customarily consumed or per total daily recommended supplement intake; and allow reference for the need of physical activity in either of the health claims to be optional rather then required. This final rule is, in part, in response to a health claim petition submitted by The Beverage Institute for Health and Wellness, LLC.     

Using PMCT of Individuals of Known Age to Test the Suchey–Brooks Method of Aging in Victoria,Australia

The estimation of an individual's age at death plays a critical role in the investigation of unidentified human remains. The Suchey–Brooks method, which involves the analysis of degenerative morphological changes in the pubic symphysis, is currently widely used to estimate age in adults. This study tested the applicability of the Suchey–Brooks method on a contemporary adult Australian (Victorian) subpopulation by observing three‐dimensional volume‐rendered postmortem computed tomographic (PMCT) reconstructions of the pubic symphysis of 204 individuals aged 15–100 years. Results showed the method was reliable for females (85% correct allocations) but not for males (67% correct allocations). It is therefore recommended that extreme caution be used when applying the Suchey–Brooks method for estimating age at death of an individual in this subpopulation from PMCT images. The results suggest further investigation into alternate age estimation methods is required.     

When is an assault not an assault? The Canadian public's attitudes towards wife and stranger assault

There is no distinction in the Canadian Criminal Code between assaults committed on strangers and assaults of spouses. Traditionally, however, wife assault has been considered a private affair, and it has been argued that this attitude continues to be reflected in the police response to domestic disputes. In this study of 240 adults'written responses to assault scenarios, the victim-offender relationship produced variations in ratings of seriousness, in the relative amounts of blame attributed to the victim and offender, and in the recommended police response. In general, nondomestic recidivist offenders tended to be treated most harshly by the subjects, as did offenders who assaulted their victims inside a private house. Additionally, female subjects gave higher ratings of seriousness of the offense, and considered future violence by the offender to be more likely, than did male subjects. The findings are explained in terms of the subjects' ability to identify with the offender, although the decision-making process in judging cases of assault is evidently complex. The implications of these findings for police officers with discretionary powers are considered.

     

Miscarriages of Justice and the Government of the Criminal Justice System: An Alternative Perspective on the Production and Deployment of Counter-Discourse

This article confronts a perennial question raised by critical criminologists, namely, what part do critical counter-discourses play in the exercise of dominant forms of power in the sphere of criminal justice? In specific terms, it analyses some of the key sources of critical socio-legal counter-discourse that were produced and deployed in response to the most recent governmental review of the criminal justice system on the problem of miscarriages of justice in England and Wales. In so doing, it draws from Foucault’s theses on power, resistance and governmentality and suggests an alternative reading of the relations of power and the role and rationality of governmental intervention in the legislative framework of the criminal justice system. In light of this, it is argued that the reform of the criminal justice system should not only or merely be viewed as a ‘damage limitation exercise’ by a repressive state attempting to ‘betray’ the public to retain or reproduce its power. On the contrary, reform of the criminal justice system might, also, fruitfully be seen as part of a process that is initiated when the governmental conditions are right; a process which can, also, present opportunities to achieve progressive reforms.     

Discipline, Assault, and Justice: Violent Parents and the Law

This article calls attention to an unacceptable double standard in American law: the lenient treatment of parental violence against children when compared to other forms of physical assault. Parts II and III critique the generous privilege of physical discipline extended to parents and the differential state response to violence when the victim is a child in the assailant's family. Appeals to family privacy and parental autonomy to justify the current double standard are examined and found wanting. Clearer and much stricter limits on corporal punishment are recommended and defended as constitutional. We further recommend that parental violence which falls outside these limits should be treated no differently than other misdemeanor and felony assaults. These two proposals give children the protection against domestic violence to which they are entitled as a matter of right and prudence.