Battered women's shelters and older women: The Florida experience

This article describes a study of 25 battered women's shelters located throughout Florida. The research question asked whether older abused women were being served by the state's domestic violence shelters. Although older women were found to be well-represented among shelters' paid and volunteer staff and Boards of Directors, they were poorly represented among the population served by these shelters. Results also indicated that only two shelters of-fered special programming for older women despite the fact that Florida is known for its high percentage of elderly residents. Ways in which shelters might become more involved in meeting the needs of older battered women are suggested.     

Embracing the new professionalism: self-regulation, mandatory reporting and their discontents

In response to perceived failures in medical self-regulation in Australia, first in two States (for doctors) and now under the National Registration and Accreditation Scheme (for all health practitioners), mandatory reporting of peer status or practice that poses risks to patients has been introduced. Yet now, in response to the lobbying of State and federal health ministers by the medical profession, mainly in relation to the impairment provisions, this is to be reviewed. This column argues that claims concerning the negative consequences for practitioners of mandatory reporting are illogical and lack supporting evidence. There is, however, evidence that the medical profession does not consistently act in accordance with its professed positions in the area of physician impairment and departure from accepted clinical standards. The call for a review of mandatory reporting reflects an outdated model of regulation that does not align with increasing calls for a "new professionalism". In its own interests, but primarily in the interests of patients, the medical profession should embrace new attitudes and practices that will at first appear to threaten the privilege of self-regulation, but on proper scrutiny will be seen as necessary to retain it.     

Battered woman and public opinion: Some realities about the myths

Expert testimony regarding the battered woman syndrome is often presented at trial on behalf of women charged with killing their batterers. Where courts have admitted such testimony into evidence, they have done so on the theory that the testimony is needed to dispel common myths regarding battered women—e.g., erroneous beliefs that battered women are masochists, who are somehow responsible for the battering they suffer and could avoid being battered by simply leaving their batterers. To date, however, there is no published empirical evidence that either jurors or members of the public at large hold such erroneous beliefs. The results of this study provide empirical support for the judicial hypothesis. These results suggest that many members of the general public eligible for jury duty do, in fact, hold erroneous, stereotyped beliefs about battered women.     

Abortion laws and medical developments: a medico-legal anomaly in Queensland

In October 2010 the District Court sitting in Cairns, Queensland, found Tegan Leach not guilty of attempting to procure her own abortion and Sergie Brennan not guilty of supplying Leach with the drugs Mifepristone and Misoprostol to procure an abortion. Brennan obtained the drugs from his sister in the Ukraine through the regular postal system. R v Brennan and Leach was the first case in Queensland's history where a woman was charged with procuring her own abortion. The drugs are accepted by the medical profession worldwide for medical abortions. A prosecution witness gave evidence that Mifepristone is not harmful or injurious to the health of a woman and it is listed as an essential medicine by the World Health Organisation and approved for use by the Australian Therapeutic Goods Administration. The jury found the defendants not guilty because they were not satisfied beyond reasonable doubt that the combination of the drugs Mifepristone and Misoprostol was a "noxious" substance under the Criminal Code (Old). This article concludes that there is no regulatory miracle which will stop the traffic of Mifepristone and Misoprostol into Australia and therefore an intelligent regulatory response is required which would make it unnecessary for women to seek Mifepristone and Misoprostol from overseas networks and the internet. Among other things, this would include the repeal of confusing, inappropriate and ineffective abortion laws.     

Diagnostic profiles of civilly committed sexual offenders in Illinois and other reporting jurisdictions: what we know so far

The records of 377 men civilly committed under Illinois' Sexually Violent Persons Act were compared with similar published samples from seven other states. Civilly committed sexual offenders in Illinois were more likely to be diagnosed with any personality disorder and more likely to exceed the cutoff score for psychopathy than similar offenders in other states. The authors then present a national composite of demographic, victim, and diagnostic information on men referred or pursued for civil commitment in eight states to better understand how these individuals differ from sex offender populations in correctional settings. Results suggest that there may be less victim specificity in sexually violent person (SVP) populations, as although nearly 50% of SVPs are diagnosed with pedophilia, 80% had committed at least one sexual offense against a child or adolescent victim. Across all samples, 72.7% of SVPs were diagnosed with a personality disorder, with antisocial personality disorder the most prevalent.     

What you don't know can hurt you: why managed care organizations have a legal duty to disclose the use of financial incentives to limit medical care

This article, winner of the 2000-2001 American Health Lawyers' Student Writing Competition, examines the conflicting policy goals at the heart of managed care--particularly in the use of financial incentives for physicians who limit their use of referrals and expensive diagnostic tests. While conceding the legality of such incentives, the author contends that Managed Care Organizations (MCOs) have a legal duty to disclose their existence to beneficiaries. After analyzing the basis for imposing a duty to disclose, the author proceeds to examine such issues as the proper timing, level, and extent of disclosure.