Notes of a Lawyer: The Venetian Medallions

I handled the Berezkin case fifteen years ago. It was a boring, trivial affair: a theft is a theft, except that the unusual nature of the stolen object differentiated it somewhat from other, similar cases.     

Work-Home Conflict and Domestic Violence: A Test of a Conceptual Model

The relationship between work-home conflict and domestic violence is examined using data from 295 adults, who worked full time and were in serious relationships. Job satisfaction, gender, gender role attitudes, type of employment, and socioeconomic status were examined as predictors of work-family conflict. Backward stepwise regression analysis revealed that job satisfaction was the only predictor of work-home conflict. Regression analyses were again conducted to determine the moderating effects of general well-being, alcohol use, family of origin violence witnessed or experienced, communication skills, and social support on the relationship between work-home conflict and domestic violence. Both family of origin violence witnessed and personally experienced were revealed as moderators of this relationship. The remaining potential moderators were submitted to regression analyses to determine if they might, instead, be mediators. These analyses revealed that negative communication skills and social support mediated the relationship between work-home conflict and domestic violence.     

关于科研违范行为的治理：一个概念模型

在概念层面上将科研规范分为内部规范和外部规范;在行为层面上区分为负责任行为、不良行为、不轨行为和不法行为;分析了科研规范层级性及多元治理机制,并提出了一个多元治理的概念模型。     

Taking action to contain health care costs: Part 1

Health care is one company expenditure that can definitely be cut and controlled. Part I of this two-part study focuses on what major corporations have been doing to keep their costs down and their employees healthy--practices which will work within most existing corporate structures.     

Childhood Sexual Abuse and HIV Risk Among Men Who Have Sex with Men: Initial Test of a Conceptual Model

Childhood sexual abuse has been associated with HIV transmission risk behavior in men who have sex with men. This study examined an adapted model that was originally developed to explain the relationship between childhood sexual abuse and HIV risk behavior among women in a sample of men who have sex with men. Men attending a large gay pride event (n=647) completed anonymous surveys that assessed demographic characteristics, childhood sexual abuse, symptoms of dissociation, trauma-related anxiety, borderline personality characteristics, hopelessness, substance use, and sexual risk behavior. A latent variable partial least squares analysis was conducted to test the interrelationships between childhood sexual abuse, exchanging sex for money or drugs, emotional disturbances, drug use, substance use in the context of sexual behavior, and sexual risk behavior. The model fit the data well and accounted for 10% of the total variance in sexual risk behavior. History of childhood sexual abuse predicted exchanging sex for money or drugs and this relationship was partly accounted for by active drug use. Substance use proximal to sexual behavior also emerged as a key factor in predicting sexual risk behavior. Findings from this study, therefore, indicate a direct association between history of child sexual abuse and high risk for HIV infection related to engaging in sex trade.     

The Great Illusion: Tort Law and Exposure to Danger of Physical Harm

In the aftermath of Gregg v Scott and Johnston v NEI , it is commonly thought that claims for exposure to danger of physical harm are not independently compensatable in English law. I argue that this assumption is doubly mistaken. On the one hand, claimants exposed to danger of physical harm have a compelling argument of principle for the recovery of any significant increase in the cost of their options for dealing with the carelessly heightened danger to their physical health. On the other hand, that argument of principle is not blocked by Gregg , or other cases in the line of precedent consolidated in that decision. Properly construed, the rejection of the plaintiff's claims in Gregg and Johnston is consistent with a right of recovery for significant costs following from careless exposure to danger of physical harm.     

Response to Criticism: Understanding the Conceptual and Measurement Models of Legitimacy

Asian Journal of Criminology -     

From Traumatic Memory to Traumatized Remembering: Beyond the Memory Wars, Part 1: Agreement

From the mid-1980s onwards, US courts have seen a dramatic increase in personal injury and criminal cases alleging harm caused by sexual abuse whose memories were ??recovered?? after decades of forgetting. These recovered memory claims were countered by the defense that they were false memories. Three types of personal injury cases have been the center of media attention: (1) adult daughters suing their fathers for alleged childhood incest; (2) families and patients suing psychotherapists for allegedly suggesting false incest memories; and (3) adults suing the Catholic Church alleging sexual abuse by priests. Legal outcomes have been inconsistent in part because scientific controversy has called the reliability of recovered memories into question. This article is the first in a three-part series that provides a forensic framework for understanding the current state of the recovered memory/false memory debate. It briefly describes the reasoning behind inconsistent legal decisions, identifying the minimum scientific issues that must achieve consensus to meet the needs of the legal system. It proposes epistemological criteria for determining whether a consensus has been achieved. It then identifies recovered memory issues about which there is now a consensus. The second article identifies recovered memory issues that lack consensus. The third article argues that the scientific controversy reflected confusion about different memory types. It proposes a phenomenological schema to integrate them and reduce legal confusion. It concludes that there is sufficient consensus about some recovered memory issues to meet minimal legal needs, while more research is needed for others.     

讼师与律师:基于12至13世纪的中英两国之间的一种比较

英国著名法律史学家梅特兰曾经断言:12世纪是"一个法律的世纪"。以此为参照标准,12至13世纪的中英两国均可谓处于这一状态。然而,作为法制发展进程中一个重要的标志,法律职业共同体(法官和律师)在此时的英国初步形成,但是,在当时许多方面处于领先地位的中国,何以未能产生出英国意义上的律师?笔者认为,中国古代君主过于绝对的权力以及与之相关的法律工具主义的观念和对于无讼的追求等是导致上述现象出现的主要原因。     

Medicolegal aspects of witnessed suicide due to gunshot to the head. Part 1: Circumstances and psychopathology

In the USA the frequency of witnessed suicide, i.e. suicide committed in the presence of at least one further individual, is reported to range between 5 and 15%. As up to now no detailed analysis of this special issue has been given in the medicolegal literature, this article presents and discusses a number of cases including 8 males and 1 female (age 19-58 years, mean 41.2 years) who had all committed suicide by inflicting a gunshot to the head. In 3 cases post-mortem blood alcohol concentrations of 1.73, 1.88 and 2.23 g/kg respectively were observed. Toxicological tests produced negative results. 5 cases had a medical history of psychiatric disorder with endogenous depression in 3, chronic alcohol abuse and drug abuse with concomitant psychosis in one case each. As far as the motives were known, domestic arguments were of prevailing importance. With one exception the suicides were committed at home. In 6 cases one witness was present, in 2 cases 2 individuals and in one case 22 persons witnessed the suicide. The reported cases are discussed in comparison with the psychiatric-psychological classification according to McDowell et al. with the aim to provide a solid and comprehensive medicolegal method to distinguish between homicide and suicide. Furthermore aspects of psychiatric sequelae and psychological support of the witnesses, which are also of importance for the forensic pathologist called to the scene, are discussed.