When is 100% inspection not enough? An analysis of three pickup truck front wheel assembly failures

The loss of a cotter pin in the front wheel assembly of cars and trucks has been a problem for several years. This is shown by the fact that the automobile manufacturers have been committed to a 100% inspection of the process for installing them on cars and trucks. In this paper, three accident cases are presented, along with a method by which the forensic engineer can determine if a cotter pin has ever been installed on the front wheel assembly. Testing was done to show what the spindle would look like if the cotter pin had been installed properly and forcibly removed. Photographs show both the accident and test spindle for comparison.     

Decision-making by machines: Is the ‘Law of Everything’ enough?

Machines have moved from supporting decision-making processes of humans to making decisions for humans. This shift has been accompanied by concerns regarding the impact of decisions made by algorithms on individuals and society. Unsurprisingly, the delegation of important decisions to machines has therefore triggered a debate on how to regulate the automated decision-making practices. In Europe, policymakers have attempted to address these concerns through a combination of individual rights and due processes established in data protection law, which relies on other statutes, e.g., anti-discrimination law and restricting trade secret laws, to achieve certain goals. This article adds to the literature by disentangling the challenges arising from automated decision-making systems and focusing on ones arising without malevolence but merely as unwanted side-effects of increased automation. Such side-effects include ones arising from the internal processes leading to a decision, the impacts of decisions, as well as the responsibility for decisions and have consequences on an individual and societal level. Upon this basis the article discusses the redress mechanisms provided in data protection law. It shows that the approaches within data protection law complement one another, but do not fully remedy the identified side-effects. This is particularly true for side-effects that lead to systemic societal shifts. To that end, new paradigms to guide future policymaking discourse are being explored.     

Is Enforced Self-regulation a Form of Risk Taking?: The Case of Railway Health and Safety

Enforced self-regulation exemplifies a number of regulatory trends, in particular the co-existence of public and private forms of regulation, state moves to harness other sources of regulation and the growing attempt of the state to penetrate deep into corporate life. This paper explores the limits of enforced self-regulation through discussion of corporate responses to occupational health and safety regulation in Britain. It takes the example of the railway industry where a particularly extreme version of enforced-self regulation eventually led to tragic consequences.     

The European Arrest Warrant in a context of distrust: Is the Court taking rights seriously?

During a time of distrust towards some Member States, the position of fundamental rights when executing a European Arrest Warrant (EAW) has been strengthened. The article considers whether the European Court of Justice (ECJ) is now ‘taking rights seriously’ as regards the EAW. To this end, it employs a theoretical and contextual approach that supports a comprehensive analysis of case-law. First, the article borrows from a theory of rights as trumps and observes that rights are no longer treated as norms with no special force that are in the way of cooperation interests. Second, the article offers a contextual exegesis of this trajectory, by mapping drivers of distrust and evaluating their impact on the position of rights. Through contextualisation, it is argued that distrust, although limited by its circumstances, has offered a compelling opportunity for the ECJ to take rights seriously, paving the way forward for future case-law.     

Dosage of treatment to sexual offenders: are we overprescribing?

A sample of 337 offenders who received treatment in a variety of sex offender treatment programs in the Ontario region of Correctional Service Canada between 1993 and 1998 were divided based on the highest intensity sex offender programming that they received (low, moderate, and high). The three groups were compared with reference to a variety of actuarial risk assessment measures, criminogenic factors, and the number and type of treatment programs completed. It was hypothesized that the high-intensity group would have more criminogenic risk factors, higher actuarial scores, and participate in more treatment programs than both the moderate- and low-intensity groups. The results indicate that in general, the hypotheses were supported. Nonetheless, the results suggest that the low-intensity group may be receiving too much sex offender-specific treatment.     

Taking Sides? Issues of Bias and Partisanship When Researching Socio-political Conflict

The article unpacks the issues of bias and partisanship—and the risk of being accused of these—which confront social scientists who study socio-political conflict. Drawing on the author’s experience when conducting research on the conflict between animal liberation activists and their state and corporate adversaries in Britain (1999–2014), the article argues for a relational research approach—focusing on the interaction between contending parties, rather than study stakeholders singly—as a way to overcome challenges of taking sides when studying socio-political conflict. The debate generated by Howard Becker’s classic essay “Whose side are we on?” (1967), now 50 years old, is used throughout the article as a point of reference for addressing the issues involved. The argument is made for constant reflexivity during research on radical social movements, and for “temporary bias” during qualitative fieldwork.     

An analysis of outlaw motorcycle gang crime: are bikers organised criminals?

ABSTRACT

Outlaw motorcycle gangs (OMCGs) are identified in Australia and internationally as being heavily involved in organised crime and/or as being criminal organisations. However, academic studies have shown that OMCG members are involved in organised crime to varying extents; this differs between clubs and across jurisdictions. To date, Australian studies of OMCGs are rare. Despite this, Australian governments target OMCGs as key players in organised crime. This study contributes to the existing literature by analysing OMCGs’ criminality in one Australian jurisdiction – Queensland. It draws on rich qualitative data to determine whether and to what extent Queensland’s OMCGs are involved in serious crime, organised crime and/or are operating as criminal organisations. The study finds that Queensland’s OMCG members participate in serious crime at a higher rate than the general public, but that there are few examples of organised crime. There is little to no evidence of OMCGs acting as criminal organisations.     

Informed consent or institutionalized eugenics? How the medical profession encourages abortion of fetuses with Down syndrome

Many women are unprepared to make prenatal decisions about fetuses diagnosed with Down Syndrome because of societal pressures to have "normal" children, a negative view of persons with disabilities by many in society, a fear of legal liability by those in the medical community, the lack of genuine informed consent before undergoing genetic testing and abortion, and the failure of non-directive pre-abortion counseling in the medical community. Moreover, medical professionals fail to communicate correct and unbiased information before and during the genetic screening, diagnostic testing, and abortion decision-making process. This article addresses the contributing factors and causes that ultimately lead to a lack of informed consent and a very high abortion rate for fetuses diagnosed with Down Syndrome.     

LEGISLATION AND REPORTS: Copyright and Parody: Taking Backward the Gowers Review?

In 2006 the Gowers Review of Intellectual Property made a series of recommendations for reforming the intellectual property regime to better serve the interests of both consumers and industry. Among the proposed recommendations was that an exception for parody be introduced within the Copyright Designs and Patents Act 1988. In January 2008 the Intellectual Property Office (the IPO) launched the first part of a two‐stage consultation process on exceptions to copyright. As part of that consultation process, the IPO proposed a ‘fair dealing style exception’ for parody, and sought views on whether a new exception should be introduced as well as what form it might take. In December 2009 the IPO launched the second stage of this consultation process. The second consultation document rejected the case for a new parody exception. This article considers the place of parody within the copyright regime and the objections levelled against the introduction of an exception set out within the IPO's second consultation document. It invites the IPO to reconsider its decision not to recommend the introduction of a specific exception for parody within the UK.     

Comparison of the three age estimation methods: Which is more reliable for Turkish children?

BackgroundThree atlases—the GÖK, the Greulich–Pyle (GP), and the Tanner–Whitehouse (TW3)—are used frequently for age determination in Turkey. The purpose of this study was to evaluate the applicability of these three methods related to the skeletal age assessment for Turkish adolescents.Materials and methodsThe conventional roentgenograms of the left hands and wrists, elbows, shoulders, and pelvises of 333 healthy Caucasian children (164 females, 169 males) who fit the study and the criteria of each atlas were obtained. The mean differences (± standard deviation [S.D.] in years) between the chronologic age (CA) and the skeletal age (BA), which were obtained by using each age estimation method, were calculated and tested using t-test.ResultsFor girls, the most accurate method was the TW3 (mean differences (d): ?0.21 (p < 0.05)), following by the GP (d: 0.66 (p < 0.001), and the GÖK (d: 2.99 (p < 0.001)). For boys, the most accurate method was the GP (d: ?0.02 (p > 0.05)), followed by the TW3 (d: ?0.18 (p < 0.05)) and GÖK (d: 1.05 (p < 0.001)).Discussion and conclusionsResults show that the TW3 (for girls) and the GP (for boys) methods are more appropriate than the GÖK atlas for estimating the BA. GÖK could be used for boys aged 11–14 years but it should not be used for girls.