The Notion of Consent to Sexual Activity for Persons with Mental Disabilities

This paper seeks to examine the notion of consent to sexual activity as it is applied to situations involving persons with mental disabilities both by both medical professionals and the law. This will be achieved by analysing sexuality and consent through the lens of disability theory and subsequently by including feminist theories on the notion of consent and of sexual activity generally where this serves to assist in coming to a genuine assessment of the nature and existence of consent to sexual activity for persons with mental disabilities. It is concluded that in order to ensure that genuine substantive consent to sexual activity on the part of the persons with mental illnesses is accurately assessed at both a civil and criminal level, a fusion of both feminist and disability theory into such assessments and adjudications is vital.     

Armed,but too dangerous? Factors associated with citizen support for the militarization of the police

Images of police officers riding in armored vehicles and carrying military-grade weapons have become part of the public consciousness following the events in Ferguson, Missouri and several other high-profile police–citizen encounters. Although a great deal of research has investigated how and why US citizens perceive the police in various ways, almost no empirical work has asked how citizens perceive the militarization of the police. The current study analyzes data from a survey of 1005 US citizens to identify characteristics that are related to support for the use of military weapons and vehicles by local police departments. The results indicate that several demographic factors and perceptions of crime and the police are significantly related with citizen support for the militarization of the police. The implications of this research are discussed.     

Half the Spectrum: A Title IX Approach to Broadcast Ownership Regulation

In theory, the electromagnetic spectrum belongs to everyone. In practice, stations owned by men hold approximately 90% of the licenses to broadcast on the public spectrum in the United States. In order to address this problem, federal legislation should be adopted that mimics the framework of Title IX of the Education Amendments of 1972 by prohibiting broadcast media companies from discriminating based on gender. Instead of the federal funds received by colleges and universities, the federal benefits here are the potentially lucrative broadcast licenses select radio and television stations receive. Under the proposed legislation, broadcasters would be required to establish gender parity within their organizations or risk losing their license to operate on the public spectrum.     

The moral hazards of neo-liberalism: lessons from the private insurance industry

The key tenets of neo-liberalism regarding risk, governance, and responsibility are critically evaluated through an empirical study of the private insurance industry. Recent tendencies in this industry towards increasing segmentation of consumers regarding risk, and towards an expansion of private policing of insurance fraud, are analysed. The definition of moral hazard is broadened to include all parties in the insurance relationship, not just the insured. Moral hazards embedded in the social organization of private insurance lead to various kinds of immoral risky behaviour by insureds, insurance companies, and their employees, and to intensified efforts to regulate this behaviour. The analysis concludes with some critical observations about the neo-liberal emphasis on minimal state, market fundamentalism, risk-taking, individual responsibility, and acceptance of inequality.     

Asia-Pacific news

This column provides a country by country analysis of the latest legal developments, cases and issues relevant to the IT, media and telecommunications' industries in key jurisdictions across the Asia Pacific region. The articles appearing in this column are intended to serve as ‘alerts’ and are not submitted as detailed analyses of cases or developments.     

"The red zone": temporal risk for unwanted sex among college students

The "red zone" usually refers to the first few weeks of the first semester at college, when female students are believed to be at greatest risk for experiencing unwanted sex. We tested this notion using data from a survey study of 207 first-and second-year students (121 women, 84 men) at a small, liberal arts university. Results demonstrated only one significant elevation in incidence rates of first- and second-year women's unwanted sexual experiences (sexual touching, attempted and completed anal, oral, and vaginal sex), between the end of the first month and fall break (mid-October) during the second year at school. Previous research and local information about the relevant behaviors of sorority and fraternity members is discussed in light of these findings to provide heuristic material for further empirical testing. Because risk may involve both temporal and situational factors, systematic collection and dissemination of local data are recommended.     

Federal reserve appointments and the politics of senate confirmation

Public Choice - This paper examines the politicization of Federal Reserve (Fed) appointments. In contrast to the extant appointment literature’s almost exclusive focus on ideological...