When Equality Is not Equity:Homosexual Inclusion in Undue Influence Law

In Barclay's Bank v. O'Brien(1993) the House of Lords extended the undue influence rules to heterosexual and homosexual cohabitees, a move that was widely welcomed and has been endorsed in Royal Bank of Scotland v. Etridge (No. 2) (2001). The paper argues that the extension to homosexual couples is inappropriate, since undue influence is largely a problem of heterosexuality. It is not accidental that there have been no reported cases of undue influence between lesbian or gay partners, not because abuses of power do not occur within such relationships, but because they are free of the central causal factor of undue influence: not intimacy per se but the gendered power dynamic within heterosexual intimacy that has characterised almost all reported cases. The first part of the paper examines the courts' treatment of gay and lesbian couples in other areas of equity and concludes that the absence of gender role assumptions leads courts to treat lesbian and gay claimants more equitably than they do heterosexual women. The second part focuses on the potential for gay and, especially, lesbian relationships to act as models of more egalitarian relationships than heterosexual ones. The dominant discourse of inclusion within the gay and lesbian legal lobby is problematised, and the paper concludes that what is needed is social and judicial recognition of what is different, not what is the same, about our relationships. This revised version was published online in July 2006 with corrections to the Cover Date.     

Cost-sharing — A necessary component for successful technology transfer

The general objective of this paper is to propose the establishment of a federal cost-sharing policy for reducing risk in transferring technology from the R&D stage to commercialization. Minimization of this risk barrier is expected to encourage diverse groups to participate in technology transfer. Section II focuses on specific barriers that impede technology transfer efforts and it presents policy options to minimize identified barriers. Section III introduces objectives of cost-sharing experiments from which cost-sharing policies can be formulated. In addition, we also identify specific cost-sharing participation criteria and success variables for the policy.     

The Affect and Effect of Images of War on Individual Opinion and Emotions

We explore the conditions under which individuals are attentive to positive and negative battlefield information when forming beliefs about a conflict’s success or failure. We use three experiments to explore the impact of visual and textual battlefield cues on individuals’ emotional states and attitudes toward the war in Afghanistan. We find that both visual and textual information convey information about failure that influences public attitudes and emotions toward war. In keeping with rational expectations theory, but contrary to widespread beliefs within the journalistic and policymaking communities, textual cues and images of battlefield failure have similar effects on emotions and attitudes. The consistency of multiple war cues, however, greatly affects peoples’ reactions. Simply put, in war the content of information matters, not its delivery style.     

Lessons Learned from Two Decades of Alternative Dispute Resolution Programs and Processes at the U.S. Environmental Protection Agency

Mediation, facilitation, and other alternative dispute resolution (ADR) techniques are being used in federal agencies, state and local governments, private-sector organizations, and among private citizens in an effort to prevent and resolve disputes in a timely, cost-effective, and less adversarial manner. The U.S. Environmental Protection Agency (EPA), one of the pioneers in the application of ADR processes and techniques to public policy disputes, recently announced that it plans to in-crease the use of ADR techniques and practices across all agency programs. This article reports the results of a four-part evaluation of the use of ADR in enforcement actions at the EPA during the last two decades. Funded by the Hewlett Foundation, this effort utilized in-depth telephone interviews, government statistics, and archival records. The four groups interviewed were EPA's alternative dispute resolution specialists, potentially responsible parties (defendants) to EPA enforcement lawsuits, mediators and facilitators to EPA cases, and agency enforcement attorneys who had participated in agency enforcement ADR processes. Concluding that there are generally high levels of satisfaction with the EPA's enforcement ADR program, this article examines the sources of obstacles and assistance to ADR efforts at the EPA, suggests ways in which the EPA might improve its ADR programs, and draws lessons from the EPA's experiences that may be helpful to other public programs or organizations.     

Developmental Validation of the ANDE 6C System for Rapid DNA Analysis of Forensic Casework and DVI Samples

A developmental validation was performed to demonstrate reliability, reproducibility, and robustness of the ANDE Rapid DNA Identification System for processing of crime scene and disaster victim identification (DVI) samples. A total of 1705 samples were evaluated, including blood, oral epithelial samples from drinking containers, samples on FTA and untreated paper, semen, bone, and soft tissues. This study was conducted to address the FBI’s Quality Assurance Standards on developmental validation and to accumulate data from a sufficient number of unique donors and sample types to meet NDIS submission requirements for acceptance of the ANDE Expert System for casework use. To date, no Expert System has been approved for such samples, but the results of this study demonstrated that the automated Expert System performs similarly to conventional laboratory data analysis. Furthermore, Rapid DNA analysis demonstrated accuracy, precision, resolution, concordance, and reproducibility that were comparable to conventional processing along with appropriate species specificity, limit of detection, performance in the presence of inhibitors. No lane-to-lane or run-to-run contamination was observed, and the system correctly identified the presence of mixtures. Taken together, the ANDE instrument, I-Chip consumable, FlexPlex chemistry (a 27-locus STR assay compatible with all widely used global loci, including the CODIS core 20 loci), and automated Expert System successfully processed and interpreted more than 1200 unique samples with over 99.99% concordant CODIS alleles. This extensive developmental validation data provides support for broad use of the system by agencies and accredited forensic laboratories in single-source suspect-evidence comparisons, local database searches, and DVI.     

Uninsured Health Shocks and Agricultural Productivity among Rural Households: The Mitigating Role of Micro-credit

This article investigates how health shocks affect farm productivity in the presence of microcredit. It is expected that microcredit increases agricultural productivity by enhancing allocative and technical efficiency and by overcoming financial constraints that reduce purchase of inputs. However, microcredit will have competing uses in the event of uninsured health shocks to the household. Using an endogenous switching regression model and after accounting for self-selection, the results reveal that microcredit has a significant mitigating effect on farm productivity losses. Thus, microcredit generates a double dividend among smallholders serving as insurance against health shocks in rural areas and improving agricultural productivity.     

The South AfricdCanada Program on Governance: an experiment in supporting democracy

Abstract: The South Africa/Canada Program on Governance is a am‐funded initiative that assisted South Africa's transition to democracy in 1993 and 1994 and since then has supported the country's leaders in building the basic systems of government. It has done this by making available to senior South African elected and appointed officials Canadian public‐service practitioner advice, focusing always on the key people, key places, and core processes of government. The program has provided advice on constitutional arrangements, the establishment of a representative public service, support to the centre of government, planning and budgeting, and services delivery through its special advisers resident in Johannesburg, through workshops, through study visits to Canada for South Africans, and through the assignment of Canadian public servants to carry out projects in South Africa. Much of its work has been carried out under the auspices of twinning arrangements between six Canadian provinces and six South African provinces and their respective national departments of public works. As the program draws to an end, the authors, two of the program's special advisers, argue that in addition to providing important assistance during the transition to democracy, the program has been successful in a number of identifiable ways by supporting good governance in South Africa. They also argue that there is good reason for continued Canadian assistance in this area. Sommaire: Le Programme de gouvernance sud‐africain, une initiative financée par l'ACDI, a facilité en 1993 et 1994 l'évolution démocratique de l'Afrique du Sud et a aidé les leaders de ce pays àériger les systèmes essentiels de gouvemement. Le Programme a réalisé cela en offrant aux cadres supérieurs et aux élus sud‐africains les conseils de praticiens de la Fonction publique canadienne, en se concentrant chaquefois sur les personnes‐clé, les endroits‐clé et les processus fondamentaux du gouvernement. Grâce aux efforts de conseillers spéciaux à Johannesburg, à des ateliers, aux voyages d'études du Sud‐Africains au Canada et à l'affectation de fonctionnaires canadiens à des projets en Afrique du Sud, le programme a prodigué des conseils sur les arrangements constitutionnels, la mise sur pied d'une Fonction publique représentative, le soutien aux organismes centraux du gouvernement, la planification et la budgétisation ainsi que la prestation de services. Les activités du Programme ont été réalisées grâce au jumelage de six provinces canadiennes à six provinces sud‐africaines, ainsi que des ministères des travaux publics respectifs des deux pays. Sous sa forme actuelle, le programme viendra àéchéance bientot. Selon les auteurs, deux des conseillers spéciaux du programme, ce dernier a réussi à favoriser la bonne gouvernance en Afrique du Sud en plus d'aider le passage à la démocratie. Toujours don eux, il serait judicieux de continuer à offrir de l'assistance canadienne dans ce domaine.     

Interpersonal violence by authoritarian rulers: Saddam Hussein and Joseph Stalin compared

Why do some authoritarian rulers, such as Saddam Hussein, kill or torture other people personally, whereas others, like Joseph Stalin, delegate such violence to subordinates? Such politically motivated interpersonal violence committed by authoritarian leaders has never before been theorized. Through a comparison of Hussein and Stalin, we explain why some dictators engage in this behavior and others do not. We propose a model based on three components: the individual's prior habituation or non-habituation to violence; regime characteristics that ‘select for’ a personally violent or non-violent ruler; and, once a ruler takes power, the interaction of the first two variables. We also suggest that most communist regimes featured organizational characteristics that discouraged such violence by the leader.     

Environmental administration,the courts and public policy, 1980-1989

Of the U.S. Environmental Protection Agency's seven major enabling statutes, six contain citizen suit provisions which reward anti-EPA plaintiffs. This fact, coupled with the agency's increasing use of the courts to bolster its enforcement efforts, yield a multitude of avenues through which courts have affected the policies and administration of the agency. This article discusses how the courts have affected the EPA in the 1980s and then briefly assesses the implications of such court-agency interaction for the successful operation of public agencies in the next decade. ^{? ?}This paper, particulary sections three and four, draws heavily upon a more detailed presentation examining the impact of federal court decisions on the policies and administration of the EPA from 1970 through 1988, published as O’Leary, R. Administrative Law Review, vol. 41. no. 4 (Fall, 1989).