The good,the bad,and the ‘vulnerable older adult’

Recent declarations by the Court of Appeal indicate that the inherent jurisdiction has survived the implementation of the Mental Capacity Act 2005 for adults considered ‘vulnerable’ and whose decision-making is threatened by reasons other than mental impairment – such occasions may include instances of elder abuse. In this paper I argue, however, that the post-Mental Capacity Act courts have adopted a confused and outmoded concept of the vulnerable older adult, in particular where decision-making is threatened by abusive interpersonal relationships experienced by an older individual. This has particular implications in terms of the types of remedies imposed by the courts on older adults in such circumstances. In this article I suggest that by being more cognisant of recent more nuanced understandings of vulnerability, the courts may be better suited to identifying, and responding to perceived sources of vulnerability in a way that is more empowering for the older adult.     

The Fundamental Contradiction Redux? Liberty,Coercion, and American Legal Development

In Liberty and Coercion: The Paradox of American Government from the Founding to the Present, Gary Gerstle offers an ambitious account of American legal development from our nation's founding up to the present day. In many ways, Gerstle's account is in keeping with the long scholarly tradition of linking legal liberalism with changes in American law and politics. However, Liberty and Coercion also calls to mind critical legal scholarship, most notably Duncan Kennedy's “The Structure of Blackstone's Commentaries” and the idea of the fundamental contradiction. After reconstructing Kennedy's central claims, I highlight how they actually undermine Liberty and Coercion and jeopardize the larger legal liberal tradition.     

The Competition–Violence Hypothesis: Sex,Marriage, and Male Aggression

Sexually active men, who are not in a monogamous relationship, may be at a greater risk for violence than men who are sexually active within monogamous relationships and men who are not sexually active. The current study examines changes in sexual behavior and violence in adolescence to early adulthood. Data on male (n = 4,597) and female (n = 5,523) respondents were drawn from four waves of the National Longitudinal Study of Adolescent and Adult Health (Add Health). HLM regression models indicate that men who transition to a monogamous, or less competitive, mode of sexual behavior (fewer partners since last wave), reduce their risk for violence. The same results were not replicated for females. Further, results were not accounted for by marital status or other more readily accepted explanations of violence. Findings suggest that competition for sex be further examined as a potential cause of male violence.     

The next steps in academic integrity — education,awareness, norms,duty and law

We conducted and analyzed several internet surveys in order to understand the profile of global research integrity and ethical awareness, encompassing global population distribution. These were (1) the global distribution of Committee of Publishing Ethics (COPE) membership; (2) the global distribution of "Integrity" or "Ethics" journals; (3) the level of academic integrity awareness in European higher education institutions and (4) awareness of academic integrity in the top universities of Asia and Africa. The results of this survey series highlight seriously imbalanced awareness of research integrity and publishing ethics across the world, especially in developing areas with the highest population density. We therefore propose a new index, the "Academic Integrity Awareness Index" for future discussions across the linked spheres of publishing and research.     

The Mandatory Bid Rule: Efficient,After All?

The mandatory bid rule has its origins in the UK and now applies throughout the EU and in many other jurisdictions. Under a mandatory bid, an acquirer of a controlling stake in a listed company has to offer to the remaining shareholders a buy‐out of their minority stakes at a price equal to the consideration received by the incumbent controller. While the rule warrants that no value‐destroying control transfers take place, it is often criticised for preventing value‐increasing transactions. This paper challenges some of the claims made by critics of mandatory bids. Highlighting the effects of synergy gains in private sale‐of‐control transactions, it is shown that mandatory bids prevent inefficient control transfers, where minority shareholder protection rules provide inadequate protection. Furthermore, mandatory bids help facilitate transfers to the most efficient bidders in multi‐bidder settings. The mandatory bid is justifiable, on economic grounds, in wider circumstances than is commonly assumed by law and economics scholars.     

Understanding intra-family inequalities: The Montes de Pas,Spain, 1700–1900

This article deals with the family organization of labor in a peasant community in Northern Spain during the eighteenth and nineteenth centuries. It uses this case study to review some of the assumptions with which peasant family history is being written, namely, the idea that from historical evidence of family members “working together,” a vision of families as cooperative, i.e., egalitarian units, can be deduced. Contrary to this idea, the article argues that coresidence cannot be taken as an indicator of equal economic status for all family members. The article proposes a method to identify inequalities between family members, based on a comparison between each member's working contribution to the household and access to family resources, including income generated by each member's own work.     

The Gender Gap in Violent Victimization, 1973–2004

In this paper, data from the NCS and NCVS are developed for the purpose of describing long-term trends in male and female violent victimization for the period 1973–2004. More specifically, gender-specific trends in violence are compared according to crime type and victim–offender relationship. Despite their potential usefulness, these data have not been published previously. The data reveal that the gender gap in robbery victimization has remained relatively stable while the gender gaps in aggravated and simple assault victimization have narrowed over time. Results varied when the data were disaggregated by victim–offender relationship. Male and female rates of nonstranger simple assault and nonstranger robbery were roughly equivalent throughout the period, and the greater risk for male nonstranger aggravated assault that was evident three decades ago has largely disappeared. The gender gap persists in stranger assault, but has narrowed somewhat because male rates of victimization have declined more than female rates. In addition, male and female trends and the gender gap in nonlethal intimate partner violence differ from the patterns established in intimate partner homicide studies. The paper concludes with a discussion of research that is needed to understand why the gender gap in violent victimization has changed for some types of violence but not others, and how greater attention to gender will improve efforts to understand crime trends.

The ‘Heathrow’ Case: Polycentricity,Legislation, and the Standard of Review

The recent Court of Appeal decision in the ‘Heathrow’ case, Plan B Earth v Secretary of State for Transport is an illustration of the challenges of reviewing polycentric and expert decision-making. The issues raised in the case concerning the Planning Act 2008 are an illustration of a court's expository role in such contexts. The Court tackled directly a series of interpretive questions concerning the Planning Act 2008's obligations regarding the consideration of climate change. The Habitats and Strategic Environmental Assessment (SEA) Directive issues raised in the appeal, in contrast, were presented with the question of the intensity of review foregrounded in legal argument. The Court therefore sought to articulate the ‘standard of review’ and to apply it to the government's decisions. This way of framing the issue unfortunately sidelined the courts’ expository role in relation to intepreting the Habitats and SEA Directives, leaving key provisions under-analysed.     

The Irish Court of Appeal in Chancery, 1857–77

The Irish Court of Appeal in Chancery was established in 1856 and began work in 1857. From then until the end of 1877 when the Courts of Common Law and Equity were replaced by the new Supreme Court established under the Judicature (Ir) Act of that year the Court sat to hear appeals against decrees made by the Lord Chancellor, Master of the Rolls or Vice-Chancellor in the Court of Chancery, against decisions of the Incumbered Estates Court or its successor the Landed Estates Court, and against decisions of the Courts of Probate, Bankruptcy and Insolvency, Admiralty, and Matrimonial Causes and Matters. The ourt was the counterpart of the Court of Appeal in Chancery established a few years earlier in England, but the chain of events by which the Irish Court came into existence, along with the membership of the Court and its consequences, make the history of the Irish Court unique. The purpose of this article is to explore those issues.     

The Jews of early modern Marburg, 1640s—1800

This article examines Jewish household and family organization in a middle-sized German city, the Upper Hessian regional center of Marburg, the population of which ranged from 2500 to 6000 from the Thirty Years War to the end of the 18th century. Some general hypotheses about population development, household structure, and family life conveniently summarized by Toch [Toch, M. (1995). Aspects of stratification in early modern German Jewry: Population history and village Jews. In R. P. Hsia & H. Lehmann (Eds.). In and out of the ghetto: Jewish-Gentile relations in late medieval and early modern Germany (pp. 77-89). Cambridge: Cambridge University Press] serve as an organizational frame for the case study. In Toch's view, Jews' comparative wealth, as well as governmental restrictions on their settlement and marriage in central Europe, led to their having larger and more complex households than those of the Christian majority. While household enumerations over time confirm several of Toch's observations, especially the larger size of Jewish families, neither Hessian settlement policy nor local Marburg opposition prevented the Jewish minority of about 1% from keeping pace with general population growth. Moreover, Jews did not respond to their regulated living conditions and status as cultural outsiders with a family organization exhibiting remarkably more internal complexity than did Christian households.     

The Motivation Behind Serial Sexual Homicide: Is It Sex,Power, and Control,or Anger?*

Controversy exists in the literature and society regarding what motivates serial sexual killers to commit their crimes. Hypotheses range from the seeking of sexual gratification to the achievement of power and control to the expression of anger. The authors provide theoretical, empirical, evolutionary, and physiological support for the argument that serial sexual murderers above all commit their crimes in pursuit of sadistic pleasure. The seeking of power and control over victims is believed to serve the two secondary purposes of heightening sexual arousal and ensuring victim presence for the crime. Anger is not considered a key component of these offenders' motivation due to its inhibitory physiological effect on sexual functioning. On the contrary, criminal investigations into serial sexual killings consistently reveal erotically charged crimes, with sexual motivation expressed either overtly or symbolically. Although anger may be correlated with serial sexual homicide offenders, as it is with criminal offenders in general, it is not causative. The authors further believe serial sexual murderers should be considered sex offenders. A significant proportion of them appear to have paraphilic disorders within the spectrum of sexual sadism. "sexual sadism, homicidal type" is proposed as a diagnostic subtype of sexual sadism applicable to many of these offenders, and a suggested modification of DSM criteria is presented.     

The English Law Commission's draft criminal code Trinity Hall,Cambridge, England January 5–6, 1990

Conference Papers

The English Law Commission's draft criminal code Trinity Hall, Cambridge, England January 5–6, 1990     

“The Opium Wars”: The Biopolitics of Narcotic Control in the United States, 1914–1935

The emergence of the narcotic control regime in the early twentieth century US provides a historical case study of what Michel Foucault has called “biopolitics”. At the collective level, narcotic control policy emerged as a regulatory mechanism to secure the national population from the spread of addictive substances through an elaborate system of surveillance and control. At the individual level, the drug user emerged as a new criminal subject at the center of an array of medico-penal technologies that sought to understand the psychological and somatic dimensions of addiction, and to normalize the addicted person.     

Beyond Confinement: The Regulation of Girl Offenders’ Bodies,Sexual Choices,and Behavior

Throughout transformations in juvenile justice, control over girls’ bodies, sexual behavior, and reproductive choices has remained a constant focal point among decision makers, with girls infrequently charged with serious law violations and commonly judged in terms of their moral welfare and chasteness. Using interview data with 62 court and correctional decision makers, this article examines how the contemporary juvenile justice system responds to girls’ sexual behavior and explores the policies and procedures used to restrain sexual agency and reproductive choices, both physically and cognitively. This article also investigates the penalties enforced when girls resist such controls as well as intentions toward change and reform in the system.