The expert witness. Neither Frye nor Daubert solved the problem: what can be done?

Flawed expert scientific testimony has compromised truth finding in American litigation, including in medical malpractice and in product liability cases. The Federal Rules of Evidence and the Supreme Court in Daubert and other cases have established standards for testimony that include reliability and relevance, and established judges as gatekeepers. However, because of lack of understanding of scientific issues, judges have problems with this role, and juries have difficulties with scientific evidence. Professionals and the judiciary have made some advances, but a better system involving the court's use of neutral experts and a mechanism to hold experts accountable for improprieties is needed.     

The Climate Change Regime: An Enviro-Economic Problem and International Administrative Law in the Making

The climate change problem, or global warming, has gained a prominent place on the international political agenda, since the mid-1980s, when it first attracted political attention. The problem was initially perceived mainly as an environmental problem that could be resolved by technological solutions, its current perception, this essay argues, is best characterized as that of an enviro-economic problem. A perception that is exemplified by the ongoing negotiations for the development of economic mechanisms to tackle the problem. The climate change arena is a complex one, involving dichotomies between developed and developing countries, between fossil fuel producing and importing countries and between small island developing states and other states. This essay outlines the interests that play a role in the climate change negotiations and discusses the international climate change regime as contained in the United Nations Framework Convention on Climate Change and its Kyoto Protocol. It concludes that the climate change negotiations are complicated by the fact that the negotiators, in addition to developing new substantive rules for a complex problem, are involved in developing new systemic rules for the international legal system. These new systemic rules have more in common with rules of national systems of public or administrative law than with traditional rules of international law, which have many similarities with national systems of contract law.     

ASSISTING CHILDREN THROUGH TRANSITION:Helping Parents Protect Their Children From the Toxic Effects of Ongoing Conflict in the Aftermath of Divorce

The negative effects of prolonged interparental conflict on children are well documented. This article describes a preventive intervention designed to help separating parents to (a) reduce the stress of a breakup on their children and (b) learn skills for protecting them from the toxic effects of ongoing conflict. Assisting Children through Transition-(A.C.T.) For the Children is based on a risk and resilience model emphasizing skills training and effective parenting practices. Post-program results from 609 participants indicate that the majority of male and female participants reported an increased awareness of the deleterious effects of interparental conflict on children and learned skills for protecting children from ongoing conflict. Most participants reported firm intentions to continue to use skills for reducing conflict with a former spouse and to support their children's healthy relationship with both parents. Study limitations, directions for future research, and implications for legal and mental health practitioners are discussed.     

Military frameworks: technological know-how and the legitimization of warfare

It is the elusive target of policymakers, ethicists and military strategists: the target of a ‘just war’. Since the advent of precision-guided munitions in the mid-1970s, commentators claimed that surgical-strike technology would advance the cause of jus in bello, ending the longstanding tension between effective military engagement and morality. Today, many policymakers accept that the ethical dilemmas that arise in the ‘fog of war’ can be negotiated by the technical precision of weaponry. This is, at best, only partially accurate. At worst, its misplaced optimism risks numbing the moral sense of strategists and, just as importantly, the sensibilities of the general populace. We argue that the development of precision guided munitions (PGM), stand-off weaponry and military robotics may force policymakers and strategists to experience new ethical tensions with an unprecedented sensitivity and may require them to make specific policy adjustments. In the move toward more quantitative approaches to political science and international affairs it is often forgotten that military ethics, and the ethics of military technologies, turn on the question of human judgment. We argue that the ethical implications of revolution in military affairs (RMA) are best investigated by way of a detailed discussion of the tenuous relationship between ethical decision-making and the workings of military technology.     

Preventing juvenile sexual offending through parental monitoring: a comparison study of youth’s experiences of supervision

ABSTRACT

The parental monitoring literature has long observed a link between parental monitoring and juvenile antisocial behaviour. This study extends this line of research to juveniles who commit sexual abuse. The present study investigates whether juvenile reports of parental monitoring differ between juvenile sexual offenders (n?=?338), juvenile delinquents (n?=?346), and non-incarcerated juvenile controls (n?=?256). Results indicate that both incarcerated groups reported significantly less parental knowledge compared to juvenile controls. Further, both juvenile sexual offenders and juvenile controls reported significantly more parental control compared to juvenile delinquents. With regard to parental solicitation, the results were mixed for sexual offenders. They reported high levels of solicitation for some items (e.g. what the youth was doing, who they were with), and lower levels for other items (e.g. where the youth was, whether an adult would be present). When repeating these analyses with the exclusion of non-parent caregivers, a similar pattern of results emerged; however, item-level analyses revealed that parents of juvenile delinquents reported certain types of solicitation and control behaviours more frequently (e.g. asked where the youth was going, made sure the rules were followed) compared to findings from the main sample. Potential explanations for these findings as well as practical implications for prevention are discussed.     

What's in a Name?

<正>In 2009,Texas State Representative Betty Brown shocked the world after she suggested that voters with Chinese names should change them to make them"easier for Americans to deal with."Her words were immediately criticized as thinly veiled racism and soon after,she apologized for the offence caused.Six years have passed since then,and while Brown has presumably moved on to bigger and better things outside the world of     

The Expert Witness. Neither Frey nor Daubert Solved the Problem. What Can Be Done?

Expert testimony flawed by intent or ignorance, has compromised truth finding in American litigation, including in medical malpractice and in product liability cases, where scientific evidence is at issue. The Federal Rules of Evidence and the Supreme Court in Daubert and its progeny have established standards for testimony that include reliability and relevance, and established judges as gatekeepers. However, because of lack of understanding of scientific issues, judges have problems with this role, and juries have even more problems in sorting out scientific evidence. Professionals and the judiciary have made some advances in solving some of these problems, but a better system involving the court's use of neutral experts and a mechanism to hold experts accountable for improprieties is needed.