Correction to: Transnational law as a framework for law clinics

Jindal Global Law Review - A correction to this paper has been published: https://doi.org/10.1007/s41020-021-00137-6     

A Potential Framework For Privacy? A Reply To Hello!

In Douglas v Hello! Ltd (No 3) , the Court of Appeal noted that one ramification of 'shoehorning' invasions of privacy into the cause of action of breach of confidence is that 'it does not fall to be treated as a tort under English law'. In contrast, this article contends that English courts should explicitly recognise and develop a framework for a tort of privacy, and outlines one possible version—comprising both privacy interests and the elements of the potential tort. The framework draws upon longstanding Canadian and United States jurisprudence, as well as recent fascinating Australasian decisions that have grappled with privacy claims. In reality, breach of confidence is becoming an unrecognizable cousin of the creature which Megarry J described in Coco v AN Clark (Engineers) Ltd in 1969. If, however, it is to be buttressed by a judicially-created tort of privacy, then that tort's elements must be capable of being feasibly articulated and applied.     

Self-Reported Violent Offending Among Subjects with Genius-Level IQ Scores

While research indicates offenders have IQ scores approximately eight points below the population average of 100, very little is known about the crimes of individuals with above-average IQ scores. The current research is not limited to acts of family violence, but it describes the self-reported offending of 465 high-IQ subjects for eight violent crimes: robbery, carrying a concealed weapon, making a serious threat, serious assault, homicide, constructing an explosive device, kidnapping, and attempting suicide. Rates of prevalence and incidence are reported and compared to the rates from a control group of 756 individuals with average IQ scores. High-IQ subjects reported higher rates of prevalence, incidence, and arrest, but lower levels of conviction, than controls. A significant positive correlation exists for offenders between IQ score and lifetime incidence rate for robbery, homicide, and kidnapping, and a significant negative correlation exists between IQ score and incidence of attempted suicide.     

Strategic Anticipation of En Banc Review in the U.S. Courts of Appeals

The quest for empirical evidence of strategic judicial behavior has produced mixed results. This study finds such evidence in the decisions made while crafting an opinion. Central to any opinion is which precedents are cited and whether their scope is limited (negative treatment) or expanded (positive treatment). I look for evidence of strategic anticipation of en banc review in these decisions using an original dataset of published search and seizure cases from the U.S. Courts of Appeals from 1953 to 2010. A panel is less likely to negatively treat a precedent with which the full circuit is more closely aligned. Circuit preferences also have an effect on citation itself, but only when the panel is at least moderately aligned with a precedent. Moreover, the panel's own ideology is only a significant predictor of citation when the full circuit is favorably disposed toward a particular precedent.     

Analysis of ancient human DNA and primer contamination: one step backward one step forward

The analysis of DNA from archaeological human remains is plagued by a unique set of methodological problems concerning contamination with modern exogenous DNA. Through an original approach, we propose complementary methods to identify all potential sources of contamination and complete guidelines for the validation of ancient human sequences. The study presented was conducted on non-European human samples (Polynesian and Amerindian) which were collected with all precautions during excavation. This permitted us to distinguish without ambiguity authentic and contaminant sequences. The samples' origins and histories were perfectly known, allowing us to trace all potential contamination sources and to determine the efficiency of precautions followed during all steps of the study. The data obtained confirm that precautions taken during sampling effectively prevent contamination. However, we demonstrate that human contamination can also be introduced during genetic analyses even if all precautions are strictly followed. Indeed, numerous human contaminations were detected in template-PCR products and negative controls, resulting in a striking diversity of contaminant mitochondrial DNA sequences. We argue that this contamination partly derives from the primers. To our knowledge, no previous experiment has been performed to investigate primers as a possible source of human contamination despite the fact that this specific type of contamination poses a real problem in terms of validating ancient human DNA studies. Finally, we confirm that the detection of contaminants in negative controls is clearly related to the number of PCR cycles used. This study enhances our understanding of contamination processes and confirms that, in reality, an absolutely contamination-free situation cannot be obtained. As a consequence, we propose improvements to the guidelines usually followed in the field in order to take the highly probable contamination of PCR reagents, including primers, into account.     

EMPIRICAL ANALYSIS OF REFERRAL ISSUES AND “ULTIMATE ISSUE” RECOMMENDATIONS FOR PARENTS IN CHILD PROTECTION CASES*

Mental health professionals frequently respond to requests for clinical information on parents in child protection cases; however, little data exist on the issues precipitating requests or on the controversial practice of offering “ultimate issue” recommendations in forensic clinical reports. We investigated 243 requests for clinical information on parents and 204 clinician reports submitted for use in child abuse and neglect proceedings in a large, urban juvenile court system. We coded 56 objective and qualitative characteristics regarding referral questions, pending legal issues, and four levels of recommendations. We found that the most common referral questions related to service planning, parenting ability, and/or parents' mental health functioning, and the most common pending legal issues were selection or change of a permanency goal and visitation arrangements. Levels of recommendations varied with type of legal decision, in that clinicians always offered direct recommendations for narrow, statute‐based issues (e.g., termination of rights, adoption) and less so for other issues. Community‐based evaluators were more likely to offer direct recommendations than court‐based clinicians. Based on the findings, we offer practice recommendations and directions for further research in forensic parenting assessment.     

A mixed methods study of participant reaction to domestic violence research in Jordan

Research on domestic violence against women has increased considerably over the past few decades. Most participants in such studies find the exercise worthwhile and of greater benefit than emotional cost; however, systematic examination of participant reaction to research on violence is considerably lacking, especially in the Middle East region. This study begins to fill this gap by examining women's reactions to domestic violence research in Jordan and whether a personal history of violence is associated with unfavorable experiences. This sequential exploratory mixed methods study included 17 focus group discussions (FGD) with women in Amman followed by a survey conducted in reproductive health clinics throughout the country (pilot n = 30; survey n = 517). Open coding was used to identify the theme related to participant reaction in the FGD data. This construct was further examined by the subsequent survey that included dichotomous questions inquiring whether the respondent thought the study questions were important and whether they were angry or felt resentment as a result of the survey. One open-ended question on the survey provided additional qualitative data on the theme that was combined with the FGD data. Themes identified in the qualitative data pertained to expressions of gratitude and comments on the survey's value. Findings of this study indicate that Jordanian women's responses to the research process are similar to women currently represented by the extant literature in that a vast majority of its participants felt that the study was important (95%) and it did not evoke anger or resentment (96%). Many even found the study to be useful to them personally or to society. Among those who had a negative emotional reaction, most still found the research to be important. This study's findings highlight the safety and potential benefits of ethically conducted violence research.     

The individuation process from a social-cognitive perspective in kibbutz adolescents

This study explores the individuation process, from a social-cognitive perspective, among kibbutz adolescents and youth. Individuation is defined as the separation of the self from the family. The individuation interview, Selman's self-awareness measure, and the Lunzer test were administered to 4th, 7th, and 10th grades, and to a post-high school group (N=61). Results confirmed age increases in individuation as follows: Late childhood subjects, consolidating on Level 1, exhibit identification with parental views while individual perspectives are secondary. Early adolescents, on Level 2, demonstrate increased self-awareness and the beginning of a decline of the parental view. Midadolescents, on Level 3, are characterized by the prominance of their self-system while the parental view becomes secondary. Late adolescents (young adults), on Level 4, show an ability to integrate the parental view within the self-system without loss of individuality. Furthermore, construct validation confirms the common as well as the discriminant qualities of the individuation sequence to self-awareness and Piagetian logical development. These results support the developmental sequence of the individuation construct in the kibbutz adolescent and fit the individuation model (Mazor, 1985) in a cross-cultural perspective.The research for this paper was funded in part by Seminar Hakibbutzim.Received Ph.D. from The University of Wisconsin-Madison. Current research in the parent-child relationship through adolescence.     

An Overview of 3D Printing in Forensic Science: The Tangible Third-Dimension

There has been a rapid development and utilization of three-dimensional (3D) printing technologies in engineering, health care, and dentistry. Like many technologies in overlapping disciplines, these techniques have proved to be useful and hence incorporated into the forensic sciences. Therefore, this paper describes how the potential of using 3D printing is being recognized within the various sub-disciplines of forensic science and suggests areas for future applications. For instance, the application can create a permanent record of an object or scene that can be used as demonstrative evidence, preserving the integrity of the actual object or scene. Likewise, 3D printing can help with the visualization of evidential spatial relationships within a scene and increase the understanding of complex terminology within a courtroom. However, while the application of 3D printing to forensic science is beneficial, currently there is limited research demonstrated in the literature and a lack of reporting skewing the visibility of the applications. Therefore, this article highlights the need to create good practice for 3D printing across the forensic science process, the need to develop accurate and admissible 3D printed models while exploring the techniques, accuracy and bias within the courtroom, and calls for the alignment of future research and agendas perhaps in the form of a specialist working group.