‘What to do with the cutters?’ – Best practices for offender self-injurious behaviors

This paper addresses focal concerns regarding self-injurious behavior (SIB) in offenders, provides guidance on current best practices, and explains and challenges myths often held by correctional staff and administration regarding SIB. It is organized along the following thematic areas: (1) Behavior: SIBs within corrections are complex, challenging, and often misunderstood; (2) People: reducing rates of SIB in a correctional facility is a difficult challenge that requires collaboration; and (3) Place: the challenge of providing therapeutic and medical care within a correctional setting. Subsequently, policy implications and best practices recommendations are provided in order to better address this problematic behavior.     

The right not to know and coronary angiography: is the common law of Australia consistent with patients' wishes?

In "The Right Not to Know: Patient Autonomy or Medical Paternalism?" (2000) 7 JLM 286 Judy Gutman qualitatively examined the direction of the law relating to the duty of medical practitioners to disclose information to their patients about risks associated with medical treatment. Prompted by theoretical issues raised in that article, a quantitative study was performed. The study focused on the wishes of patients referred for coronary angiography regarding information about the risks inherent in that procedure. The results of the study contribute to the ongoing academic discussion about risk disclosure and consent to medical treatment and demonstrate a need for further empirical research in the area. The study also highlights the desirability of clinical medical practice conforming to the tenets of the common law and vice versa.     

What has the ‘first sexual revolution’ to do with kinship transition? ‘Kin marriages’ and illicit sexuality in nineteenth-century Alpine Switzerland

This paper questions the link between two major transformations observed in eighteenth century Europe: the reorganization of kinship structures and kinship solidarities on the one hand and the so-called ‘sexual revolution’ of the eighteenth century on the other, i.e. the spectacular rise of illegitimacy throughout Europe. Raising the question of this link has far-reaching theoretical implications, since the fundamental changes in kinship and sexuality have been treated so far as two independent phenomena in separate domains. The results presented in this paper refer to mountain villages of the Swiss Alps and base on genealogical data extracted from a large dynamic database called the Registre historique de la population du Valais. They suggest that the remarkable increase of close kin marriages was closely connected with changes in sexual habits and with the building of different sexual milieus. The ‘sexual revolution’ in the Entremont region was largely the issue of a few families and kin groups tending to build tightly knitted networks. In this perspective, the increase of kin marriages reflected the diversification of political and sexual milieus, characterized by different values, ideologies and attitudes. This profound diversification of life styles shows that social change did not affect local societies as a whole, but was supported by particular milieus made cohesive by privileged alliances within kin groups and by particular network patterns.     

Shortcomings in the Operation and Coordination of Witness Protection in Australia. Where to from Here?

Criminal Law Forum - Witness protection in Australia has, to date, been less than successful in implementation and execution. An ad hoc system of Commonwealth and state/territory witness protection...     

Climate change and the credibility of international commitments: What is necessary for the U.S. to deliver on such commitments?

The engagement of the United States is critical to the success of any international effort against global climate change. Although international climate efforts require long-lasting, credible commitments by participating countries, risk of failure to deliver on such commitments rises with the degree of gap that the domestic institutions permit between the executive and the legislature. The U.S. withdrawal from the Kyoto Protocol indicated that the Clinton administration’s effort to bring international solutions into the domestic arena before domestic consensus was obtained was counterproductive. The congressional politics over budgetary allocation regarding the Bush administration’s technology policies showed that general preference to a technology-oriented approach to climate change alone did not ensure the credibility of international commitments. These cases revealed that the U.S. climate diplomacy was lacking in domestic institutional mechanisms that bring the executive branch’s deal at international negotiations, and the legislators’ preferences at home, closer together. For the U.S. to take leadership in international climate cooperation, domestic institutional frameworks which reconcile the interests of the two branches are necessary. This paper suggests that such domestic institutional frameworks feature two components: regular channels of communication between the two political branches; and, incentive mechanisms for the two branches to swiftly come to terms with each other.

End of life decisions and pregnant women: do pregnant women have the right to refuse life preserving medical treatment? A comparative study

In this article the practice of end of life decisions is applied to pregnant women. This is not an easy task as shown by the extensive case law and literature on the subject. The main conclusion of the article is that the pregnant woman's wishes should always be respected whatever the consequences for the foetus may be. Another position would unjustly sacrifice the woman's fundamental rights to bodily integrity and self-determination for the benefit of a non-person. The result is repeated in the situation where the woman is found to be incompetent or brain dead.     

Introducing the Open Clause to improve copyright flexibility in cyberspace? Analysis and commentary on the proposed “two-step test” in the Third Amendment to the Copyright Law of the PRC,in comparison with the EU and the US

The so called “three-step test”, that the limitations and exceptions of copyright shall be allowed in certain special cases, provided that they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author, grants copyright flexibilities to balance the interests of all stakeholders, especially within the European system of circumscribed limitations and exceptions. This is essential for the domain of computer law, confronted by rapid and unpredictable global technological developments, and is, thus, enshrined in the most important international intellectual property (IP) treaties. Through the proposed third amendment to the Copyright Law of the PRC, the legislature intends to adopt this test while also introducing an open-ended list of limitations and exceptions that constitutes a China-specific “two-step test.” This contravenes prima facie the thesis endorsed by the WTO Panel in the case concerning Section 110(5) of the US Copyright Act in 2000. In contrast, court decisions in China frequently apply the fair use doctrine of US copyright law, neglecting to consider its peculiar context of the US common law tradition and, thus, unduly expanding the Chinese courts' discretionary power.This paper summarizes the case law in China and takes a comparative approach to address the divergence between the judicial application of cyber copyright law and the existing legislation. It suggests revising the proposed Article 43 of the Copyright Law of the PRC to capture the due interpretation of the three-step test, thereby finessing the delineation between rights protection and free use with the compensation of remuneration under the principle of proportionality. It argues that transplanting the US fair use doctrine into Chinese copyright law is feasible, but with the preconditions of endeavouring to strengthen judicial reform to integrate the IP adjudication systems, enhancing the coherence and efficiency of copyright enforcement, and facilitating consistent dialogues between scholars, practitioners, and lawmakers.     

What’s in a Name? Organizational,Environmental, and Cultural Factors on Support for Community Policing in Turkey and the U.S.

Community policing (COP) represents officers’ expectations of police work that revolves around specific order maintenance chores that take place within the community. It is generally assumed that police officers are cognizant of the community policing type activities occurring in police organizations where COP is either formally or informally adopted. However, very little research has been done to examine whether or not police officers in other countries are engaging in similar COP type activities without the organizational endorsement or official implementation of community policing as it is known in the U.S. and elsewhere. The aim of this paper is twofold. First, we compare law enforcement officers’ attitudes toward their conceptions of police work with specific attention to order maintenance and community oriented type police activities in two countries, Turkey (no formal COP programs) and the U.S. (formal and informal COP programs). Secondly, we examine to what extent police organizational and environmental factors in these two countries influence officers’ conceptions of community-oriented policing activities. Findings suggest that, relative to Turkey, U.S. police officers have a favorable disposition toward COP type activities, suggesting name does matter. However, findings in both countries also suggest that officers’ orientation to police work that is reflective of the police operational philosophy, and the organizational and environmental factors are better predictors of COP type activities.     

What do expert witnesses in child sexual abuse think they are doing? — ‘Diagnosis’, and the sexually accurate doll ‘test’ as professional myths

Conclusions From the above considerations it can be seen that the ways in which clinicians and lawyers typically think about expert opinion on cases of suspected sexual abuse may be seriously misleading. Neither the rhetoric of diagnosis or of testing is appropriate when considering the presence or absence of child sexual abuse, particularly when this leads to an expert opinion in the forensic context. It is crucial that experts and courts clearly discriminate and use appropriately the skills of psychologists to bring evidence into being, as well as their ability to give an opinion based on evidence. In bringing about this evidence, the psychologist might approach the task in the spirit of an investigator carrying out a single case experiment. This should allow courts to form their own opinion on parts or all of the evidence so that the unnecessary reliance on expert opinion is avoided.     

Why are countries reluctant to exchange information on interest income? Participation in and effectiveness of the EU Savings Tax Directive

Since 1.7.2005 the EU Savings Tax Directive has ensured a minimum of taxation on foreign interest income by offering participating countries the opportunity either to apply a withholding tax or to exchange information on cross-border interest income. The aim of the paper is to examine why countries do not exchange information on interest income. The results suggest that the incentive to exchange information is weakened if the financial sector in a country is very profitable. A high profitability of the financial sector enables countries to maximize revenues from the corporation tax. A second reason for discouraging information exchange is related to the spillover effects on the domestic labor market. An inflow of financial capital is indirectly associated with the creation of employment and well-paid jobs. In its current form the savings tax directive enables individuals to avoid taxation, either by placing their income in non-participating countries or by investing in assets which are not part of the directive. Using German revenue data for 2005 and 2006 the paper shows that Germany receives significantly less revenue from countries applying a withholding tax. This result indirectly indicates that investors can take advantage of the directive's loopholes.     

What About the Parents? Changes in and Correlates of Parents’ Discrete Emotional Reactions to their Child’s Trauma in Trauma Therapy

Journal of Family Violence - Parents experience differentiated emotions after learning of their child’s abuse; however, little is known about the effect of trauma therapy on these...     

Why do young people start and continue with ethical hacking? A qualitative study on individual and social aspects in the lives of ethical hackers

Research Summary

This qualitative interview study examined individual and social aspects in the lives of 15 hackers who started with ethical hacking before the age of 18. We examined what motivated and stimulated them to start with ethical hacking and how and why they continued. Results show that individual aspects, such as an early interest in ICT (Information and Communication Technology), the motivation to make systems more secure, and thinking of reporting vulnerabilities as a moral duty, contribute to the initiation of ethical hacking. Social aspects, such as role models, mainly play a role in the further development of the ethical hacking career. For example, peers, parents, friends, and hacker communities have a motivating and stimulating effect on young ethical hackers. Similarly, positive reactions from public and private system owners can further stimulate the development and self-image of ethical hackers.

Policy Implications

In contrast to criminal hackers, ethical hackers improve cybersecurity, for example, by reporting weaknesses or errors in computer systems. Nowadays, an increasing number of public and private organizations around the world are creating cybersecurity policies and practices around ethical hacking. The interest in hacking usually arises at an early age, making it important to gain knowledge about what stimulates and motivates young people to start and continue with ethical hacking, to inform these policies and practices. Our results show that recognition and reactions from system owners are important in the ethical hacking career. Our recommendations based on these results could stimulate more young people to take the ethical path. Simultaneously, this increases the security of public and private organizations, reducing opportunities for criminal hackers.     

‘Look to yourselves,that we lose not those things which we have wrought.’ What do the proposed changes to the purpose limitation principle mean for public bodies' rights to access third-party data?

This article analyses the proposed changes to the purpose limitation principles contained in the draft Data Protection Regulation adopted by the European Commission in January 2012. It examines the historical motives for the introduction of the principle as part of the 1995 Data Protection Directive, and looks at the constitutional framework under which it operates both at EU and member state level. It considers the risks and long-term consequences that EU citizens may face if the principle is eroded or substantially abandoned.     

Risk Assessment—the Key to More Security? Factors,Tools, and Practices in Dealing with Extremist Individuals

European Journal on Criminal Policy and Research - In recent years, risk assessments for violent extremism have attracted great interest from both scholars and practitioners, and many assessment...     

What the #@!* are they Fighting About?!?: Reflections on Fairness,Identity, Social Capital,and Peacemaking in Family Conflicts

Peacemaking is particularly challenging in family conflicts. Deeply held feelings about identity, fair treatment, moral issues, and protecting social capital often cause people in conflict to make self‐defeating decisions. There are, however, techniques that enable mediators, Collaborative Practice professionals, and other peacemakers to overcome the settlement barriers created by these strongly held views. These techniques include those pioneered by psychotherapists using the Internal Family Systems model, which enables parties to see that their strongly held views comprise only part of the constellation of feelings that they have about the conflict.

Key Points for the Family Court Community:
• Parents who feel that their role as father or mother is in danger often find it difficult to focus on the children's best interests.
• The “rule of reciprocity” causes people who feel wronged to exact even harsher punishment on those who harmed them.
• The concept of “social capital” explains why people care so passionately about whether they are treated fairly and about their reputation for fairness.
• The Internal Family Systems model helps peacemakers to understand how to work with the parties’ ambivalence about settlement versus courtroom vindication.