The Wasted Costs Jurisdiction

The wasted costs jurisdiction is flawed for six reasons, based on an analysis of all reported cases in the last nine years and five years of statistics provided by the Bar Mutual Insurance Fund Limited, and despite the guidance laid down by the Court of Appeal in Ridehalgh v Horsefield [1994] Ch 205. First, it is very costly proportionate to the amount recovered. Secondly, judges can initiate a wasted costs enquiry, which is unfair and even more disproportionately costly. Thirdly, it is procedurally complex. Fourthly, it is unpredictable whether the client will waive privilege, and what the consequences will be whether or not privilege is waived. Fifthly, it is not possible for solicitors and barristers to make contribution claims against each other. Sixthly, it is mostly used against lawyers representing legally aided litigants from whom costs cannot be recovered.     

Judicial Performance and the Rule of Law in the Mexican States

What determines how judicial institutions perform? Prominent theoretical approaches, such as international political economy, institutional rational choice, social capital, and structural theories, suggest that international economic actors, political competition, political participation, and poverty may all be important forces driving institutional behavior. This study analyzes these various theoretical approaches and uses qualitative and statistical analysis to compare judicial performance in the Mexican states. It provides evidence to support the institutional rational choice hypothesis that political competition generates judicial independence. Poverty, political participation, and an export‐oriented economy seem to influence judicial access and effectiveness.     

ADOLESCENT DRUG USERS: THE JUSTICE SYSTEM IS MISSING AN IMPORTANT OPPORTUNITY

A significant number of youth and young adults who use drugs have fallen through the cracks of our juvenile and adult justice systems in terms of receiving any meaningful services. The situation is due to a number of factors, including the reliance on adolescent self reporting utilized by most of the research, the failure of justice and other systems to routinely assess youth for either current drug use or indicia of drug use (e.g., "resiliency" or "protective" factors), and confidentiality and other restrictions pertaining to access to juvenile justice system information. Yet, retrospective reviews of drug use patterns for adults in the criminal justice system make it clear that drug use is beginning for most of these offenders during adolescence or before. This article urges (1) juvenile courts to develop mechanisms for systematically screening youth who come into the system for drug use and/or propensities for drug use and (2) adult courts to embark on similar strategies and to develop adolescent tracks that would be geared to providing the services these youth (despite their chronological age) need and would otherwise not receive in the adult system.     

Patterns of breaks in umbilical cords by different mechanisms*

Investigations of perinatal deaths often result in discrepancies between autopsy findings and witness accounts. The mechanism by which the umbilical cord is severed after delivery is a common quandary. Confirming or refuting the mother's stated method frequently has significant investigative importance; however, a surprising paucity of data currently exists to allow an objective opinion about the likely mechanism. Ninety-nine placentas with umbilical cords were examined. By random selection, each cord was severed by one of the following tools or mechanisms: knives, scissors, traction, or crush. Each break was examined and photographed, and a tissue section from the broken end examined microscopically. Differentiation of mechanism was best done grossly based on specific pattern recognition. Umbilical cords severed by blunt force have distinctly different morphology from those severed by sharp force. Even similar-appearing sharp force transections frequently have mechanism-specific distinctive patterns of injury.     

Place-based differences in the commission of recurrent animal cruelty

Despite the recent surge in research linking animal and human acts of violence, relatively few studies have been conducted examining animal cruelty itself. Although several researchers have begun to identify some of the correlates of animal cruelty, few have attempted to understand how differences in the backgrounds of rural and urban residents have led to their abuse of animals. Using survey data from 180 inmates, this study examines how demographic characteristics, exposure to animal cruelty in childhood, and the target animal's relationship with the abuser have contributed to the frequency of acts of animal cruelty in urban- and rural-based settings. Unlike their urban counterparts, rural respondents who engaged in recurrent animal cruelty were more likely to have witnessed family members and/or friends abuse an animal. Moreover, rural respondents who engaged in recurrent animal cruelty abused pet and stray animals, whereas recurrent animal abusers who grew up in urban areas tended to abuse pets only. These findings suggest possible place-based differences in the etiology of recurrent animal cruelty.