Garner plus five years: An examination of Supreme Court intervention into police discretion and legislative prerogatives

This paper examines legislative changes, state attorney general activities, and early federal case law following the 1985 United States Supreme Court holding inTennessee v. Gamer that laws authorizing police use of deadly force to apprehend fleeing, unarmed, non-violent felony suspects violated the Fourth Amendment. Only four of the 23 states apparently affected by this decision have brought their statutes into line with it. Only two of the attorneys general in the remaining 19 states have advised police of the decision. These findings indicate that control of police discretion in use of deadly force has been assumed by police administrators, and that criminal law definitions and the legal advice of attorneys general are largely irrelevant to effective control of police behavior     

State legislative approaches to regulating the use of genetic information

As genetic testing becomes more prevalent and the uses for genetic information multiply, we are likely to witness more demand for comprehensive state legislation on the order of the Oregon law regulating the procedures for obtaining and using genetic information. In addition, the United States Senate has expressed an interest in the subject. The Senate Labor and Human Resources Committee reportedly agreed on August 2, 1995 to include in a health insurance reform bill (S. 1028) language prohibiting health plans from using genetic information when determining eligibility, continuation, enrollment, or contribution requirements. 4 BNA's Health Law Rep. at 1218 (Aug. 10, 1995). Insurance companies continue to maintain that genetic test results are simply another factor that should rightfully be used during underwriting, much as age, medical history, and physical examinations are routinely used today. Right to privacy advocates argue that genetic testing provides employers and insurance companies with too much information and offers a great potential for discrimination. As more states wrestle with this issue, these competing interests are likely to be debated in public forums throughout the country.     

On the use of IRMS in forensic science: proposals for a methodological approach

The flourishing number of publications on the use of isotope ratio mass spectrometry (IRMS) in forensic science denotes the enthusiasm and the attraction generated by this technology. IRMS has demonstrated its potential to distinguish chemically identical compounds coming from different sources. Despite the numerous applications of IRMS to a wide range of forensic materials, its implementation in a forensic framework is less straightforward than it appears. In addition, each laboratory has developed its own strategy of analysis on calibration, sequence design, standards utilisation and data treatment without a clear consensus. Through the experience acquired from research undertaken in different forensic fields, we propose a methodological framework of the whole process using IRMS methods. We emphasize the importance of considering isotopic results as part of a whole approach, when applying this technology to a particular forensic issue. The process is divided into six different steps, which should be considered for a thoughtful and relevant application. The dissection of this process into fundamental steps, further detailed, enables a better understanding of the essential, though not exhaustive, factors that have to be considered in order to obtain results of quality and sufficiently robust to proceed to retrospective analyses or interlaboratory comparisons.     

The Jersey approach to excluding trustee liability: a comparison with the Law Commission's proposals

This article considers how Jersey law regards trustee exemptionclauses, an important topic in a jurisdiction with a substantialand developed trust industry where most trustees are paid professionalswho are regulated by the Island's Financial Services Commission.     

Putting together the pieces: recent proposals to fill in the genetic testing regulatory puzzle

The idea that genetic information is different from other medical information and therefore needs special protection has led to a regulatory puzzle where genetic testing is currently regulated under three separate schemes. Although genetic tests for over 2,000 diseases are available, less than 10% of these tests have been reviewed for clinical validity or utility. Recent action by some genetic testing companies has prompted the federal government to propose changes to the current regulatory scheme. This article discusses the current framework and the recent developments before examining some of the concerns and challenges that face the implementation of these proposed changes. The author evaluates the proposals and competing interests in order to suggest how genetic testing may best be regulated to meet the needs of the industry, clinicians, researchers, patients, and consumers.     

Woman's Right to Know Act: a legislative history

This article provides a comprehensive legislative history of North Carolina's Woman's Right to Know Act of 2011. The Act requires informed consent and a mandatory twenty-four hour waiting period for abortion, thus protecting a woman's right to make an informed choice. Informed consent provisions and mandatory waiting periods give individuals making decisions the information and time necessary to make informed choices. The Act further provides that an ultrasound be performed and explained no less than four hours and no more than seventy-two hours before the abortion. The article first provides a brief overview of sources of legislative history recognized in North Carolina. It then details the history of the Woman's Right to Know Act, from the first informed consent bill introduced in 1981, to the passage of the 201l law, and to the federal court case that followed. Finally it provides specific objections that were raised against the bill and responses to each. Legislators considering similar legislation need to be aware of the opposition they inevitably will encounter when passing such a bill. The author expects that this history and the ultimate success of North Carolina will encourage other states' legislators and lawyers and give them the tools to make their case effectively.     

Tort reform proposals: a toolbox for change

Tort reform is controversial because of the need to balance cost considerations with the legitimate needs of plaintiffs who have suffered malpractice injury. In addition, proponents and opponents of the different proposals often formulate their positions based largely on anecdotal evidence and concerns of special interest groups rather than careful studies. As a result, it may be some time before malpractice reform is addressed comprehensively at the federal level, leaving the states to their own reform devices.     

Cloning and stem cell research: a critical overview of the present legislative regime in Australia and the way forward

The application of stem cell research in biomedical science has recently sparked debates similar to the calls nearly 25 years ago for a ban involving recombinant DNA. This article critically examines the present legislative framework in Australia governing stem cell research and cloning, after briefly seeking a clear understanding of what these procedures involve, as well as suggesting an ethical paradigm within which these issues can be approached. The deficiencies in the proposed legislative framework are also highlighted. Australia has a duty to future generations to pursue the benefits unlocked by this type of research and it is hoped that the next two years will lead to more insights regarding the potential of such research and hence a revision of the present legal impediments.