Protecting health information privacy in research: what's an ethics committee like yours doing in a job like this?

The Commonwealth and State legislation designed to protect the privacy of personal health information has attracted the criticism that the constraints imposed on the use of the information in research obstructs that research. A central and common feature of the legislation is the reliance upon the review by human research ethics committees of research that proposes to use personal health information for research without prior consent from those whose information it is. The origins of this reliance are explored and explained and it is suggested that this has proved to be an inappropriate policy choice. The extension of the reliance is then described and the conceptual, procedural, workload and structural consequences of requiring these voluntary committees to conform to legislative standards of review of issues of the public interest are critically examined. In recent reviews of the Commonwealth legislation, there is recognition of the underlying uncertainty as to the appropriate balance between protection of personal privacy and the promotion of beneficial research. In the further exploration of these matters that those reviews recommended, a close and critical examination of the wisdom of continuing to rely on ethics committees is needed.     

Taphonomy of child-sized remains: a study of scattering and scavenging in Virginia, USA

Child-sized pig carcasses (Sus scrofa) were placed in surface deposit and buried scenarios in a wooded area of Virginia from May 1998 through December 2000, to examine the taphonomic effects of decompositional changes, predator scavenging, and the extent of remains scattering. Changes were observed through on-site examination, charting of remains, and recorded video imaging. Analysis of data revealed that utilization of corpses as food sources by vertebrates was dependent upon invertebrate colonization. Vertebrates avoided feeding on the corpses while invertebrate colonization was active, and would feed before invertebrates successfully colonized a corpse, or would wait until the invertebrate populations migrated away from the corpse. Among vertebrates, there was no apparent succession order for the animals utilizing the remains as a food source. Different vertebrates would feed at different times based upon diurnal or nocturnal predilection. Analysis noted an accidental cooperative relationship between the invertebrates and vertebrates scavenging on the corpses. Certain vertebrates gained access to the internal tissues by utilizing openings in the corpses caused by invertebrate and other vertebrate scavenging. Alternately, carrion-frequenting insects were afforded access to previously inaccessible colonization sites as a result of scavenging vertebrate activities.     

主权的比较视野:宪政在英国和美国

在此次纪念詹姆斯·麦迪逊演讲中,上议院议长,欧文·莱尔格勋爵评述了美国宪法至上和司法审查体制与英国不成文宪法强调无司法审查的议会主权具有许多共同之处。尽管这两个体系经常被认为是极端对立的,欧文勋爵指出其实二者都是在民主政治的背景下运作,且殊途同归,区分并联系着     

Governance costs and defence intelligence provision in the UK: a case-study in microeconomic theory

Abstract

This paper focuses on how distinct organizations and functions interact in a symbiotic way to provide the governmental functions of security and intelligence, and the place of defence intelligence amongst them. Because the external environment in which security and intelligence provision must be managed is both uncertain and complex, the manner in which defence intelligence negotiates its role and priorities with other organizational entities is critical to overall levels of success. This paper uses a mix of primary and secondary sources, supported by qualitative interviews, to argue that the narrow focus of previous theoretical approaches has left them able to explain either good or poor cooperative working in the defence intelligence sphere, but not both. It contends that the more holistic theoretical paradigm offered by an adapted transactional costs model that captures the governance difficulties involved can better explain all possible outcomes.     

Malawi and the transition and adherence to multi-party democracy

In July 1993 the author served as a chairman and rapporteur of the Round Table, which facilitated the transition of Malawi to a multi-party democracy. It helped to end the life presidency of the inaugural president, Dr Hastings Kamuzu Banda. In February 1994 the author served as co-chair of the National Constitutional Conference that cleared the way on remaining differences and led to the first free elections that resulted in the election of President Bakali Maluzi. Despite occasional difficulties, Malawi has adhered to constitutionalism and repeatedly witnessed peaceful transitions of presidential power. The importance of neutral international facilitation of the transition is emphasised and described.     

Catching Them Before Too Much Damage is Done: Early Intervention with Resistance‐Refusal Dynamics

Children often need help before their parents are ready to stop fighting. Children at the center of high‐conflict disputes, particularly those who resist contact with a parent, face extraordinary risks of maladjustment. Years of investigation and litigation may precede any meaningful attempt at intervention, based on the questionable belief that all elements of causality (or blame) must be established before any effective treatment can occur. Children's functioning may continue to deteriorate during this time, undermining their future adjustment and reducing the chance of successful intervention later. We illustrate the application of the coping‐focused, multisystemic Child Centered Conjoint Therapy model to assisting these families. Methods to assist children without compromising external investigations are discussed.     

Therapeutic engagement in medium-secure care: an interpretative phenomenological analysis of service users’ experiences

Service users (SUs) detained in forensic hospitals are usually required to engage in psychological therapies aimed at reducing mental distress and/or for preventing further offending. Poor therapeutic engagement (TE) can lead to adverse clinical outcomes and reoffending, at a cost to the individual, staff, the service provider, and the public. To understand what factors influence TE from a SUs’ perspective, the experiences of 10 male residents of a medium-secure hospital were explored. Using a service-user informed design, interpretative phenomenological analysis of interview data was completed. Four superordinate themes emerged: different worlds; what the individual brings; what the therapy entails; and control. Consideration of how these factors may be of use to professionals working in secure care settings is discussed in relation to existing theory and research.     

STRATEGIES AND NEED FOR SYSTEMS CHANGE

Chief Judge Judith S. Kaye of New York delivered the following address to the Millennium Conference of the National Council of Juvenile and Family Court Judges in Washington, D.C., on November 15, 1999. In it, she describes the development of the philosophy of the family court in the past century. Judge Kaye describes the family court's transition from reliance on social science to the incorporation of procedural due process guarantees in the Gault decision. She suggests that a further transformation is required to meet the needs of children and families in the 21st century. Judge Kaye proposes that in the next millennium the family court abandon the "remote adjudicator" judge who evolved after Gault to a "problem-solving model of judging… a judge who looks at the issues that are driving the caseload, who looks at the results that are being achieved, and who uses a hands-on style to figure out how we might do better both in individual cases and on a systemic level."
The New York Times described Chief Justice Kaye as, "A dedicated and effective reformer of the state's sprawling court system. Each of her hard won changes has had a positive impact." Chief Judge Kaye recently received the National Center for State Courts' William H. Rhenquist Award for Judicial Excellence in November 1999. On the occasion of the award, Roger K. Warren, president of the National Center, observed about her,"There are many who are working hard to better process the many cases that come before the state courts, but there are few working an harder or more successfully to better serve the people who use the state courts."     

PARENTING AND CRIME: AN EVIDENCE‐BASED REVIEW WITH IMPLICATIONS FOR THE NEW ZEALAND FAMILY AND YOUTH COURT

This article explores the effect parenting can have on child development. It considers child attachment theory, various parenting styles, and specific child and family factors that contribute to a child's social and emotional development. The article concludes that good parenting and good outcomes for children do not happen by chance. The foundation must be planned and made secure.     

THE SELF‐REPRESENTED LITIGANT: IMPLICATIONS FOR THE BENCH AND BAR

It is widely accepted that the number of self‐represented litigants has skyrocketed nationwide, especially in family law cases. Although nationwide comprehensive data on the number of self‐represented litigants do not exist, anecdotal evidence supports the belief that self‐representation is increasing. The challenge for courts and the entire legal profession is how to respond. Most observers in Indiana would agree that the traditional model of family law litigation—both spouses represented by lawyers settling their disputes before a judge—is no longer the norm in family law cases. Judges face a dilemma: assisting a self‐represented litigant to level the playing field against a represented party is seen by many as violating impartiality, even if the assistance is rendered to create a just result. In an effort to address the situation, the Indiana Supreme Court created the Pro Se Advisory Committee in April 2001. This article explores the long‐range implications of the issue of self‐represented litigants on Indiana's court system in hope that it will provide some insight for other jurisdictions. The first part of the article addresses the numbers of self‐represented litigants by tracking growth or declines in self‐represented cases and assessing whether there are any pockets of self‐represented litigants geographically or in certain case types. The second part of the article puts Indiana into context with the rest of the nation and reviews national trends. The third section reviews Indiana's response to self‐represented litigants over the last decade. The fourth section reviews current and ongoing projects in Indiana. The article concludes that the issue of self‐represented litigants will not fade away and that the challenge that guides the legal profession is how we provide equal access to justice for all who enter our courthouses.