Liberal coercion? Prostitution,human trafficking and policy

Liberal prostitution policy aims at improving labor conditions for prostitutes and protecting victims of forced prostitution. Given its policy mandates, legalized prostitution should be linked to better protection policies for trafficking victims and stronger anti-trafficking measures. In this paper, I investigate empirically whether or not legalized prostitution improves protection policies for victims, as it is presumed. The results of my analysis—using data from 149 countries for the period of 2001–2011—suggest that a liberal prostitution policy does not lead to better protection and, in some cases, legalized prostitution can be detrimental to protecting victims of human trafficking.     

A gloomy vista? ``Globalisation', juvenile crime and social order – An Australian perspective

This article seeks to examine the links that are often drawn between ``globalisation' and crime, particularly youth crime. Critical attention is focused on claims that rapid economic and social change leads inevitably and inexorably to higher levels of offending among the young. Such deterministic accounts may have the unintended consequence of contributing to the further problematisation of young people, leading in turn to calls for more control and surveillance of this ``problem population'. The article urges greater caution in the articulation of futuristic scenarios that link young people to an escalating ``crime problem'.     

Emissions trading for households? A behavioral law and economics perspective

This is the first research article on expanding emissions trading in the EU to households in which law and economics is explicitly and systematically combined with behavioral science. The goal of the article is neither to plead in favor nor against emissions trading for households, but rather to provide an analysis of such a scheme. To that end, the article gathers relevant theoretical insights and discusses how established empirical findings can be used to design a potentially workable scheme. The analysis not only presents an overview of possible economic and behavioral barriers, but also creates a feedback to its institutional design by presenting possible solutions to overcome them. Downstream allocation creates a more direct and visible carbon incentive, whereas administrative costs can be reduced by concentrating monitoring and enforcement upstream. Behavioral acceptance can be boosted via strategic communication, for instance by stressing that emissions trading is both effective (emissions are capped) and fair (those who emit less, pay less). Energy conservation can be stimulated by frequently sending updates to households of their carbon transactions to make the consequences of their behavior more noticeable. Whether these necessary conditions are also sufficient to ensure political acceptance remains an open question.     

A Tarasoff for Europe? A European Human Rights perspective on the duty to protect

It has long been recognised by British courts that a psychiatrist can be permitted to depart from his/her duty of confidentiality, in order to issue a warning where a patient is deemed to present a real and serious threat to other parties. Until recently, however, it seemed that s/he would not be bound to give such a warning, or to take other steps to protect third parties. The approach adopted throughout much of the USA, and famously expounded in the Tarasoff judgment, appeared to have no relevance to British law. This article considers the possibility that the European Court of Human Rights' ruling in Osman v UK may be set to bring about a radical change in this respect, introducing something akin to the Tarasoff approach into the UK, and indeed throughout Europe. As well as the possible legal basis for such a duty, and the circumstances in which it would arise, it will consider how a psychiatrist might reconcile any such duty with other, more established, legal and ethical duties.     

Who is driving Russian climate policy? Applying and adjusting veto players theory to a non-democracy

What is driving Russian climate policy? This article focuses on the veto player approach developed by George Tsebelis and its applicability for examining the power relations in climate change policy-making in Russia. It makes two original contributions: veto players analysis on Russian climate policy and proposals how to adjust to theory to be applied to non-democracies for comparison with democracies. After identifying the veto players and their preferences, and determining their equivalence in the decision-making process, two case studies are examined: the ratification of the Kyoto Protocol and the establishment of one of the Kyoto flexible mechanisms, Joint Implementation, in Russia. Regarding the power play between actors, the latter emerges as far more accessible than the former, where scholars can generally observe only the domestic debate—which, due to the absorption of democratic decision-making institutions by the president, is detached from the actual decision-making process. Three proposals are made for adjusting the veto players approach to facilitate qualitative analysis of Russian decision-making: (1) select cases which involve also lower-level actors in charge of policy implementation; (2) due to implementation problems, changes in the status quo must be sought deeper than in statute-level changes; and (3) note that motivations of actors beyond the actual policy substance can facilitate explanations of puzzling outcomes in the process.     

Disability,right to culture and copyright: which regulatory option?

Access to knowledge and participation in cultural life for persons with disabilities has always constituted a tough challenge. Recent studies show that only 5% of published works are available in accessible format, and the number plummets to 1% in developing countries. Coupled with the high costs of production and distribution, and the full reliance on public funds and intervention of public or non-profit organizations, copyright has traditionally represented an additional obstacle on the path for a broader availability of accessible works. Recently, the situation has worsened with the tilting in the balance between rights and exceptions caused by the legislative response to digital threats, when the unprecedented opportunities offered by new technologies to foster accessibility have been largely trumped by copyright law. Still, the last decades have witnessed the beginning of a paradigm shift, originating from the human rights arena, and moving towards a new definition of the interplay between authors’ rights and the right to take part in cultural life, both at a general level and with particular regards to persons with disabilities. This article offers a diachronic overview of the path that, from the rediscovery of Article 15 of the International Covenant on Economic, Social and Cultural Rights through its General Comments to Article 30 of the United Nations Convention on the Rights of Persons with Disabilities, has led to the adoption of the Marrakesh Treaty. It then analyses, with a focus on the European Union and its Member States, the national and regional responses to the new human rights obligations, looking at the relations between legislative exceptions and model or collective license agreements. The assessment of the strengths and weaknesses of the two main regulatory options lays the groundwork for proposals of further areas of intervention, necessary to fully comply with the international human rights obligations and to achieve the fullest access to and participation in culture possible for persons with disabilities, by using the tools offered by international and national copyright law.     

Where does a man stand on issues of assisted reproduction, surrogacy, artificial insemination within lesbian relationships and posthumous conception?

This article takes issues more commonly associated with women: assisted reproduction, surrogacy, artificial insemination within lesbian relationships and posthumous conception and considers what role a man may play in this domain. To this end the article commences with a short scenario of possible life events then traverses the current legal position to examine the extent that the law either facilitates or frustrates a man's desire and ability to fulfill the role of either father or parent in the above situations. The article considers the issues of assisted reproduction technology in both a regulated and an unregulated environment.     

Whose deaths matter? Mortality, advocacy, and attention to disease in the mass media

Diseases capture public attention in varied ways and to varying degrees. In this essay, we use a unique data set that we have collected about print and broadcast media attention to seven diseases across nineteen years in order to address two questions. First, how (if at all) is mortality related to attention? Second, how (if at all) is advocacy, in the form of organized interest group activity, related to media attention? Our analysis of the cross-disease and cross-temporal variation in media attention suggests that who suffers from a disease as well as how many suffer are critical factors in explaining why some diseases get more attention than others. In particular, our data reveal that both the print and the broadcast media tend to be much less attentive to diseases that disproportionately burden blacks relative to whites. We also find a positive link between the size of organizational communities that take an interest in disease and media attention, though this finding depends on the characteristics of those communities. Finally, this study also reveals the limitations of relying on single-disease case studies-and particularly HIV/AIDS-to understand how and why disease captures public attention. Many previous inferences about media attention that have been drawn from the case of AIDS are not reflective of the attention allocated to other diseases.     

Yesterday's war; tomorrow's technology: peer commentary on ‘Ethical,legal, social and policy issues in the use of genomic technologies by the US military’

A recent article by Maxwell J. Mehlman and Tracy Yeheng Li, in the Journal of Law and the Biosciences, sought to examine the ethical, legal, social, and policy issues associated with the use of genetic screening and germ-line therapies (‘genomic technologies’) by the US Military. In this commentary, we will elaborate several related matters: the relationship between genetic and non-genetic screening methods, the history of selection processes and force strength, and the consequences and ethics of, as Mehlman and Li suggest, engineering enhanced soldiers. We contend, first, that the strengths of genomic testing as a method of determining enrollment in the armed forces has limited appeal, given the state of current selection methods in the US armed forces. Second, that the vagaries of genetic selection, much like other forms of selection that do not bear causally or reliably on soldier performance (such as race, gender, and sexuality), pose a systematic threat to force strength by limiting the (valuable) diversity of combat units. Third, that the idea of enhancing warfighters through germ-line interventions poses serious ethical issues in terms of the control and ownership of ‘enhancements’ when members separate from service.     

Who Is the Client and Who Controls Release of Records in a Forensic Evaluation? A Review of Ethics Codes and Practice Guidelines

Forensic psychologists often refuse to release evaluation records, especially to the evaluee. One justification for this practice is based on the ethical positions that the referral source “is the client” and “controls release of records” (also found in the Specialty Guidelines for Forensic Psychology). To determine whether these ethical positions are shared by the field of forensic mental health, official documents from forensic mental health organizations were used as a proxy for these views. Thirty-four supporting arguments for either position were identified from the literature; it was postulated that official documents would support both positions and utilize supporting arguments. Fifty-four official documents were discovered, and qualitative analysis was used to construct a 17-category model of official views. Neither position was supported by a majority of documents, and few of the supporting arguments were utilized by supportive documents. The positions are unsupported because official documents espouse a wide diversity of views, there are a number of logical flaws in supporting arguments, and even official APA documents hold conflicting views. Ethical arguments are advanced for contrary positions, and the referral-source-control of records release is contrary to law. A more ethical view is that the psychologist may have multiple, possibly conflicting responsibilities to multiple entities; the psychologist’s roles and responsibilities should be clarified with each entity using an informed consent process. Psychologists should release records at the behest of the evaluee, lest they be subject to licensing discipline, Health Insurance Portability and Accountability Act (HIPAA) complaints, and/or civil sanctions. Recommendations are offered for psychologists, future ethics codes and professional practice guidelines, and test security practices.