Genetic Determinism and Discrimination: A Call to Re-Orient Prevailing Human Rights Discourse to Better Comport with the Public Implications of Individual Genetic Testing

Genetic testing can not only provide information about diseases but also their prevalence in ethnic, gender, or other vulnerable populations. While offering the promise of significant therapeutic benefits and serving to highlight our commonality, genetic information also raises a number of sensitive human rights issues touching on identity and the perception thereof, as well as the possibility of discrimination and social stigma. It stands to reason that the results of individual screenings could haplessly be used to make general assumptions about entire ethnic or gender groups. In this manner, genetic information can directly influence identity by impacting and perhaps even reframing conceptions of group rights and dimensions of self-identification, thus importing constitutional scrutiny on questions of dignity and discrimination in particular. Is there a risk of collective stigmatization deriving from discrete testing of self-identified individuals? Would such stigmatization impinge on individual dignity by the exogenous imposition of ethnic or gender/sexual identity? If so, what norms can most adequately respond if and when individual and group interests diverge? These questions are examined from a comparative perspective.     

THE AMERICAN BAR ASSOCIATION ADDRESSES THE NATIONAL PROBLEM OF YOUTH AT RISK

During the 2006–2007 American Bar Association (ABA) year, a special ABA Presidential Youth at Risk Initiative has addressed several important topics: addressing the needs of juvenile status offenders and their families; foster children aging out of the foster care system; increases in girls, especially girls of color, in the juvenile justice system; the need to better hear the voices of youth in court proceedings affecting them; and improving how laws can better address youth crossing over between juvenile justice and child welfare systems. Lawyers are encouraged to use their skills to improve the systems addressing at‐risk youth and their families and to help facilitate coordination of youth‐related community efforts. Learning how to effectively communicate with youth is an important skill attorneys must learn. Through the Youth at Risk Initiative, the ABA has held continuing legal education programs, hosted community roundtables among youth‐serving stakeholders, and developed projects on: juvenile status offenders; lawyer assistance to youth transitioning from foster care; educating young girls on violence prevention, conflict resolution, and careers in law and justice; and provision of useful information to youth awaiting juvenile court hearings. New ABA policy has addressed services and programs to at‐risk youth, assuring licensing, regulation, and monitoring of residential facilities serving at‐risk youth, enhanced support for sexual minority foster and homeless youth, juvenile status offenders, and improving laws and policies related to youth exiting the foster care system.     

Characteristics of Domestic Violence Offenders: Associations with Childhood Exposure to Violence

Many women are abused by intimate partners, millions of children witness such acts, and many of these children are physically abused. Children who are exposed to violence often evidence difficulties, including violent behavior, as adults. One hypothesized mode of intergenerational transmission is modeling. There is evidence that witnessing and/or experiencing violence are related to different patterns of abusive behavior and, perhaps, psychopathology, but the extent of the relationship is unclear. This study examined differences in generality, frequency, and severity of violent offenses, nonviolent criminal behavior, and psychopathology within a battering population of 1,099 adult males with varying levels of exposure to violence as children. Generality, frequency, and severity of violence and psychopathology all increased as level of childhood exposure to violence increased. Modeling theory was supported by the findings that men who witnessed domestic violence as children committed the most frequent domestic violence, and men who were abused as children were more likely to abuse children. Men who were abused also committed more general violence.     

Detention and the Evolving Threat of Tuberculosis: Evidence, Ethics, and Law

The issue of detention as a public health control measure has attracted attention recently. This is because the threat of strains of tuberculosis that are resistant to a wider range of drugs has been identified, and there is renewed concern that public health is threatened. This paper considers whether involuntary detention is justified where voluntary measures have failed or where a patient poses a danger, albeit uncertain, to the public. We discuss the need for strengthening evidence-based assessments of public health risk and suggest that we should reflect more profoundly on the philosophical foundations upon which our policies and practices are grounded.     

‘I just drifted into it’: constraints faced by publicly funded family lawyers

This paper draws on interviews with English family lawyers who do publicly funded work, and examines their reasons for entering family law. Generally, lawyers did not deliberately choose to enter family law, and instead explained that they ‘drifted’ into the field. On closer inspection, however, rather than ‘drifting’ into family law, it would appear that the careers of publicly funded family lawyers are strongly constrained by structural and cultural factors. These findings have important implications for attracting and retaining family lawyers.