PROTECTING YOUTH PLACED IN UNLICENSED,UNREGULATED RESIDENTIAL “TREATMENT” FACILITIES

Throughout the country, there is considerable inconsistency in how states regulate residential treatment programs for youth. In states with little oversight, the health and safety of youth are unprotected and they may be subject to substandard treatment, rights violations, and/or abuse. Three initiatives to address this issue are reported: (1) an Internet survey of youth who are former residents, (2) a four‐state pilot study of how states regulate and monitor residential programs, and (3) a bridge‐building conference between residential treatment providers and mental health leaders. Recommendations address the next steps for lawmakers, lawyers, judges, mental health and education professionals, and parents.     

The future of claims to resist removal by non-nationals suffering from HIV/AIDS

The focus of this article is to consider the difficulties facing non-nationals suffering HIV/AIDS to resist removal to their countries of origin where there is no or inadequate medical treatment. The link between HIV/AIDS and migration will be explored illustrating the vulnerability of displaced people to the virus. The current UK legal position for those attempting to resist removal in such circumstances will be explored. The article will explore two potential avenues that may prevent removal of non-nationals with HIV/AIDS to countries with limited access to the necessary treatment. In the first instance consideration of Article 3 European Convention on Human Rights (ECHR) will be made with particular emphasis on mother and child claims. The second argument will examine the potential for refugee claims under Article 1A (2) Refugee Convention 1951 where an applicant may be able to demonstrate a well-founded fear of persecution because of membership to a particular social group. The authors will particularly emphasise the argument that in certain countries sufferers will experience ostracism and victimisation where its severity may amount to treatment contrary to Article 3 ECHR and persecution under the Refugee Convention. Vanessa Bettinson and Dr Alwyn Jones, senior lecturers, De Montfort University. The authors would like to thank Professor Tony Barnett at London School of Economics for his useful and invaluable thoughts and comments. We would also like to thank our colleague Gavin Dingwall and the students in our 2006/07 Immigration and Refugee Law seminars for their very helpful feedback.     

Structures of Bio-terrorism Preparedness in the UK and the US: Responses to 9/11 and the Anthrax Attacks

This article describes UK and US responses to 9/11 and the subsequent anthrax attacks, referring to 'biodefence' and the civilian structures of disaster preparedness. Following a review of initiatives undertaken in each country the article details principal differences between the two systems, the federal nature of the US response and the more localised arrangements preferred in the UK. Finally, with reference to certain international standards articulated by the World Health Organisation, the article concludes with some critical reflections on recent policy developments. International standards promote the civilian character of preparedness programmes and their connections to public health infrastructure. This is being challenged by US developments that emphasise the role of the military while, in the UK, there remain questions about the capacity of civilian structures.     

Assessing the Effect of Batterer Program Completion on Reassault: An Instrumental Variables Analysis

The main objective of this paper is to investigate the utility of using the instrumental variables (IV) method to estimate batterer program efficacy, i.e., the program effect among batterers who complete batterer programs. This method takes account of possible confounding due to unmeasured traits of compliers and non-compliers. A structural model is used to estimate the impact of program completion on reassault using instrumental variables (IV) regression. Data on 640 batterers enrolled at three batterer programs are used. Results obtained from IV regression are compared with those obtained from a more traditional regression analysis. The results indicate that usual regression methods yield estimates of program effect that may be biased due to confounding by unmeasured batterer characteristics. Unfortunately, IV estimates may be unreliable due to failure of some of the assumptions on which they are based. If equations are adequately identified by the non-linear functional form used to estimate them, then IV results indicate that among a very select group of batterers, program completion significantly reduces the probability of reassault. The implications of confounding due to program non-compliance, program non-enrollment and attrition for future evaluations of batterer programs are discussed.     

The Rose Revolution: A Revolution without Revolutionaries?

In this investigation of the sources of the Rose Revolution in Georgia in November 2003 and presentation of the challenges the new leadership faces, the author argues that there are four contexts to the Georgian revolutionary events of 2003: first, a popular and romantic yearning among Georgians for union with Europe; second, the dismal failings of the Shevardnadze regime; third, the combined impact of global economic models and Westernisation in Georgia; and, fourth, the Soviet legacy. The role of civil society organisations, though important, was not vital to the success of the Rose Revolution. The manner in which the new leadership has tackled state-building challenges suggests the pro-Western revolution is still in a radical phase, with the imperative of state consolidation often overriding Western models of due process and democratic governance. The direction of the revolution – toward greater liberalism or radical populism – will have a major impact on regional politics and on the policies of both the US and the EU in the region.     

The nature of forensic science opinion--a possible framework to guide thinking and practice in investigations and in court proceedings.

The questions that are asked of forensic scientists during the course of a criminal investigation, and during subsequent court proceedings, are of varied form. This paper attempts to place these questions into broad generic types and explores the difference in the inferential process that a scientist may employ when forming opinions that help answer these questions. From this model, a working definition of different roles and attributes for forensic scientists is described which may offer greater clarity for both practitioners and users of forensic science.