Green-Building and Renewable-Energy Insurance Claims: Where Are We Now?

What kind of insurance claims might arise out of clean-energy initiatives and the associated risks? This article examines these issues, including those associated with construction or conversion of so-called green buildings, e-waste, carbon sequestration, alternative fuels, and other environmental matters that continue to raise a host of novel issues. In addition to more traditional risks, e.g., changing and potentially contradictory energy-efficiency rules have become a litigation issue in Albuquerque and elsewhere. There are simple, practical ways to manage these various environmental risks and many insurance companies are responding with new coverage products. The elements and structure of these programs also provide insight into what kind of claims (and disputes) may arise.     

Detection of Malingered PTSD: An Overview of Clinical,Psychometric, and Physiological Assessment: Where Do We Stand?

ABSTRACT: Posttraumatic stress disorder (PTSD) is a condition that can be easily malingered for secondary gain. For this reason, it is important for physicians to understand the phenomenology of true PTSD and indicators that suggest an individual is malingering. This paper reviews the prevalence of PTSD for both the general population and for specific events, such as rape and terrorism, to familiarize evaluators with the frequency of its occurrence. The diagnostic criteria for PTSD, as well as potential ambiguities in the criteria, such as what constitutes an exposure to a traumatic event, are reviewed. Identified risk factors are reviewed as a potential way to help differentiate true cases of PTSD from malingered cases. The question of symptom overreporting as a feature of the disease versus a sign of malingering is discussed. We then examine how the clinician can use the clinical interview (e.g., SIRS, CAPS), psychometric testing, and the patient's physiological responses to detect malingering. Particular attention is paid to research on the MMPI and the subscales of infrequency (F), infrequency-psychopathology (Fp), and infrequency-posttraumatic stress disorder (Fptsd). Research and questions regarding the accuracy of self-report questionnaires, specifically the Mississippi Scale (MSS) and the Personality Assessment Inventory (PAI), are examined. Validity, usability, and cutoff values for other psychometric tests, checklists, and physiological tests are discussed. The review includes a case, which shows how an individual used symptom checklist information to malinger PTSD and the inconsistencies in his story that the evaluator detected. We conclude with a discussion regarding future diagnostic criteria and suggestions for research, including a systematic multifaceted approach to identify malingering.     

Teaching Arts Management: Where Did We Lose the Core Ideas?

In light of the need to start clearing the methodological confusion in the field of arts management, this article provides a critical overview of the teaching curricula in the field. Distinction is made between programs that copy directly from business management; programs that focus on the technological process of producing an artwork (usually run by practitioners); those that interlink cultural management and cultural policy (highlighting the role of public governance as a higher principle); and programs that focus on an entrepreneurial approach to arts management, connecting it to issues of creativity and innovation. The author calls for clear goals to educate administrators and arts or cultural managers. The suggestion is made to follow what I call the Janus syndrome: looking toward managerial and economic realities but primarily focusing on the arts—the aesthetic and the social aspects of the field. A question is raised about the position of art in arts management curricula, as well as the organization of undergraduate and postgraduate studies in the field.     

"We Do Not Want Any ‘Orange Revolutions’"

The Ministry of Internal Affairs is being reformed by eight secret policemen, one procurator, a former trader, a customs official, a military lecturer, a lawyer, a poet-songwriter, and a jurist.     

Where Do We Go from here?: Examining Intimate Partner Violence by Bringing Male Victims,Female Perpetrators,and Psychological Sciences into the Fold

Gender symmetry in intimate partner violence (IPV) has come to light in research, stirring much controversy. Historically, there has been resistance toward re-conceptualizing the problem from a psychology-informed framework, rather than from functional sociological discourse. Issues in examining IPV, with consideration of typologies, male victimization, and female perpetration, are discussed. Reporting, outcomes, revictimization, and perceptions of male victims and female perpetrators are addressed. An argument is offered for increased focus on psychological science, including theory and data from clinical, couple, and family systems disciplines, in addressing partner violence. A framework is provided for integrated, effective, and accurate approaches to IPV in discourse, policy, and service.     

Infection Risk From Conducted Electrical Weapon Probes: What Do We Know?

Concern has been raised over the infection risk of the TASER electrical weapon since the probes penetrate the skin. The manufacturing process produces unsterilized probes with a 5% rate of Staphylococcus aureus contamination. Voluntary recipients (n = 208) of probe exposures were surveyed and there were no self‐observations of infection. With over 3.3 million probe landings, there have been 10 case reports of penetrations of sensitive tissue with no reported infections. The electrical field was modeled and found that the electrical pulses generate a field of over 1200 V/mm on the dart portion. This is sufficient to sterilize the dart via electroporation. Electrical weapon probes appear to have a very low (possibly zero) rate of infection. The factors leading to this low infection rate appear to be a manufacturing process producing a low rate of bacterial contamination and the pulses sterilizing the dart via electroporation.     

Conducting Cost Benefit Analyses in Criminal Justice Evaluations: Do We Dare?

The last decade has witnessed a demand for evidence-based programs in virtually every field of social research. Presumably evidence will help inform officials as to which programs are likely to yield successful outcomes as well as help practitioners operate programs with best practices. But program effectiveness is only half the answer. The other half is affordability. Policy makers make budget-constrained decisions. A decision to implement a program in one area means cuts in programs in some other area. Evaluations that report only effectiveness findings cannot contribute much toward social program decision making. Evaluators must start to provide information on both costs and effectiveness or costs and benefits. This paper presents some of the challenges of incorporating cost benefit analysis into traditional criminal justice program evaluations. It presents illustrations of the conceptual and measurement issues to be faced evaluating programs in such areas as private security, juvenile delinquency, police interventions, and correctional rehabilitation when researchers attempt to add cost analysis to program inputs and try to convert outcomes into monetary units. It raises issues regarding availability, program externalities, hidden resources, and inadequacies of outcome measures. It concludes with some general guidance for evaluators on conducting such analyses and a checklist of questions to consider when deciding between cost effectiveness analysis and cost benefit analysis.     

Sexual Slavery: Do We Need This Crime in Addition to Enslavement?

The article focusses on the crime of sexual slavery in the ICC Statute. It examines the legal definition of enslavement in Article 7 (2) (c) ICC Statute and the Elements of Crimes (EOC) of enslavement and sexual slavery as well as the jurisprudence of the SCSL which was the first to deal with the application of the EOC of sexual slavery to a concrete situation (so-called ‘forced marriage’ phenomenon). The author questions whether there is a necessity to have two crimes against humanity of enslavement and sexual slavery but on the other hand, no war crime of enslavement. Further, she rejects the interpretation that human trafficking has become part of the definition of slavery/enslavement as the footnote in the EOC seems to suggest. The author argues vigorously that the phenomenon of ‘forced marriage’ should be prosecuted as sexual slavery and not under the residual offence of inhumane acts as a ‘new’ international crime.     

Where Do They Belong? Giving Victims a Place in the Criminal Justice Process

Historically, victims once had an active participatory role in the criminal justice process and were responsible for not only initiating but also for prosecuting offenders. In common law countries, victims were gradually sidelined and by the 20th century, their role was reduced to that of a witness to a crime against the state. The exclusion of victims from the criminal justice process is a major source of dissatisfaction for victims as many of them want to participate in the criminal justice process. This has fuelled initiatives with restorative justice that claim to more fully include victims than conventional criminal justice. This paper examines three different approaches found in the literature on how to let victims participate. One view is that victims should leave the criminal justice system and that criminal justice should be replaced by alternative, restorative justice schemes in which victims are granted full recognition and respect for their dignity. A second approach is to integrate restorative practices such as victim-offender mediation in the criminal justice process. The third approach is to integrate victim participation and respect (so-called restorative values) in the criminal justice system. These three approaches are discussed and compared with one another. The paper closes with recommendations for criminal law reform.     

Do We See Victims’ Agency? Criminal Justice and Gender Violence in Spain

The Spanish criminal justice system has a specific Law for Gender Violence (1/2004). This article addresses what happens when a law with a feminist perspective is implemented in a predominantly patriarchal institution. The main aim of this paper is to approach women’s experiences in the Spanish criminal justice system, analysed as a technology of power producing women’s subjectivities, and focusing on their agency. We used a qualitative methodology with participant observation (24 sessions) and in-depth interviews with professionals working with gender violence (17) and women who reported gender violence by their heterosexual partner (11 individual and 1 group). We analysed data with the qualitative analysis software Atlas.ti. The results focus on subjective processes and agency among reporting violence, the expedited trial, protection and restraining orders, and probation.     

How Do Cause Lawyers Decide When and Where to Litigate on behalf of Their Cause?

In this article, we begin to respond to the deceptively simple question: How do cause lawyers decide when and where to litigate on behalf of their cause? We consider the choice of location and timing faced by cause lawyers when more than one jurisdiction evinces a suitable legal environment for pursuing litigation on their cause. To consider this choice, we use evidence from the timing and actions of cause lawyers in the marriage equality cases in the United States from January 1990 through December 2004. And, we show the value in utilizing methods that are relatively novel in cause lawyering research—statistical models—to consider the apparent commonalities, beyond a suitable legal environment, across locations and time periods that might prompt cause lawyers into action.     

“Do We Have LIFT-Off?” Social Media Marketing and Digital Performance at a British Arts Festival

ABSTRACT

Arts festivals have been explored through many lenses, but social media marketing and digital performance are less studied. The potential of social media networks in digital performance is exemplified by the London International Festival of Theatre (LIFT), which repositions social media technology as an enabler for audiences to co-produce digitally oriented performance. This article argues that the relationship between social media marketing and performance is more hybridized than often assumed, with performances forming a creative development loop from producer to audience through performative social media. Harnessing the creative potential of social media platforms via “digital staging” encourages audience insight into process as well as product.     

What Should We Say We Say about Contrived ‘Self-Defense’ Defenses?

Imagine someone who deliberately provokes someone else into attacking him so that he can harm that person in defending himself against her attack and then claim “self-defense” when brought to court to defend himself for what he has done to her. Should he be allowed to use this defense, even though it’s clear that he has deliberately manipulated his attacker into attacking him precisely in order to be able to harm her with impunity (assuming he were allowed to use the defense and thus escape legal penalties)? This question is the focal point in the paper that follows. I argue first that the case described above is indeed an instance of an “actio libera in causa,” albeit arguably one at the margins of this controversial class of cases. Then, using a view about the justification of self-defense that I have defended elsewhere, I show why I believe that, while the manipulator should not be deprived of the legal right to defend his self-defensive actions in such cases by claiming they were a legitimate matter of self-defense, there is good reason to enact laws that will allow him to be prosecuted, independently of his “self-defense” defense, for manipulating his attacker as he did, thus allowing him to harm her in self-defense and then defend his actions as purely a matter of “self-defense.”     

People We Hire as Executioners: Who Are They? Who Are We?

Christopher Bennett has introduced a new inquiry into the capital punishment debate by looking at whether the role of executioner is one in which it is possible and proper to take pride. He argues that this will depend on the kind of justifications that an executioner can offer in defense of his role and takes as an example the English executioner Albert Pierrepoint as portrayed in the film Pierrepoint: The Last Hangman. Bennett claims that none of the justifications available to Pierrepoint are adequate, that his pride in his role was unjustified, and that this gives us reason to doubt those justifications for capital punishment. I am unpersuaded by Bennett’s arguments and give reasons for thinking that the role of executioner can under certain circumstances be an honorable vocation in which one may legitimately take pride.     

After 30 Years,What Do We Know about What Jurors Know? A Meta-Analytic Review of Lay Knowledge Regarding Eyewitness Factors

Surveys typically characterize lay knowledge of eyewitness factors as low and highly variable. However, there are notable differences across methodologies, samples, and individual factors. To examine these differences systematically, we took a meta-analytic approach to reviewing the findings of 23 surveys assessing lay knowledge of eyewitness issues. Our analyses examined the beliefs of 4,669 respondents. Overall, respondents correctly agreed with survey items approximately two-thirds of the time. Results revealed significant differences in performance as a function of variable type, question format, and over time. We found few differences as a function of sample type, publication status, or jurisdiction. Although performance varied, a majority of lay respondents achieved “correct” consensus for as many as 11 of the 16 items included in this review.