The medically examined applicant for private insurance and his/her right to informed consent: a comparative analysis

Within the context of health and insurance law, an important question that arises is "to what extent is an applicant for private insurance truly capable of giving his/her 'free' and informed consent for a medical examination?". It should be borne in mind that it is the private insurer who requires a medical examination in order to gather medical information, and, moreover, that the insurer will not be inclined to conclude or carry out an insurance contract without this medical information. A distinction has to be made between not being free by legal coercion and not being (completely) free by factual circumstances. Exercising the right to informed consent involves exactly weighing up the consequences of the decision. Hence the applicant must be put in a position of being able to weigh up the consequences and take them into consideration.     

Describing intimate partner stalking over time: an effort to inform victim-centered service provision

Stalking has increasingly been the subject of legislation and research in the past 20 years. Within intimate partner violence, the context where it is most likely to occur, stalking predicts both greater danger and greater distress for the victim. However, research shows that practitioners are often unsure how to address stalking, and that the remedies available may not be effective. This longitudinal exploration of stalking focused on the experience of victims of intimate partner stalking and was conducted by Safe Horizon, an organization providing assistance to victims of violence and abuse in New York City. The sample of 82 women was interviewed monthly over 7 months, and the data were analyzed using growth curve models. We found that stalking decreased over time at a marginally significant level, and that change in stalking varied among participants. Perceived safety followed a similar pattern, increasing but not significantly, while stalking-related distress decreased significantly. The slopes of these variables were correlated, such that as stalking frequency decreased, perceived safety increased and distress decreased. Help-seeking was greater from court sources than victim services over the course of the study, but neither help source was related to a significant decrease in the stalking trajectory. According to victim report, orders of protection (OP) were helpful at some points and not at others. Implications of these results for offering victim-centered services are discussed.     

The counselor's trauma as counseling motivation: vulnerability or stress inoculation?

Should counselors with interpersonal trauma histories work with similarly traumatized clients? How does the work affect them? Current research is inconsistent. This study examines 101 sexual assault and domestic violence counselors' recalled motivations for trauma work, their reported subjective personal changes, and their secondary and vicarious trauma symptoms and burnout. Counselors motivated by interpersonal trauma report both more symptoms and positive changes (including dealing with their own trauma). Those seeking personal meaning report becoming more hypervigilant and self-isolating. Those saying they learned from clients rate symptoms lower, suggesting stress inoculation. Supervisors of trauma counselors should facilitate learning from clients separately from processing the counselor's trauma.     

In the Eye of the Beholder? Motivated Reasoning in Disputed Elections

This study uses an experimental design to simulate the ballot counting process during a hand-recount after a disputed election. Applying psychological theories of motivated reasoning to the political process, we find that ballot counters’ party identification conditionally influences their ballot counting decisions. Party identification’s effect on motivated reasoning is greater when ballot counters are given ambiguous, versus specific, instructions for determining voter intent. This study’s findings have major implications for ballot counting procedures throughout the United States and for the use of motivated reasoning in the political science literature.     

An extreme case of undoing and posing in a case of murder-suicide. A forensic pathological approach to crime scene investigation

A 7-year-old boy was killed by his father by manual strangulation during a murder-suicide. After the killing of the son, the father showed typical "undoing" behaviour: He changed the boy's clothes and laid him down on the bed. Then he placed candles around his head, put pictures of the parents' wedding around him and a crucifix and a picture of the family into his hands. He broke off a rose in a vase next to the bed, lit the candles and took photographs of his dead son. Later he called his wife, threatened to kill the son and finally called the police to confess the murder and to announce his forthcoming suicide.     

Visual detection of trace nitroaromatic explosive residue using photoluminescent metallole-containing polymers

The detection of trace explosives is important for forensic, military, and homeland security applications. Detection of widely used nitroaromatic explosives (trinitrotoluene [TNT], 2,4-dinitrotoluene [DNT], picric acid [PA]) was carried out using photoluminescent metallole-containing polymers. The method of detection is through the quenching of fluorescence of thin films of the polymer, prepared by spray coating organic solutions of the polymer, by the explosive analyte. Visual quenching of luminescence (lambda(em) approximately 400-510 nm) in the presence of the explosive is seen immediately upon illumination with near-UV light (lambda(ex)=360 nm). Detection limits were observed to be as low as 5 ng for TNT, 20 ng for DNT, and 5 ng for PA. In addition, experiments with normal production line explosives and their components show that this technology is also able to detect composition B, Pyrodex, and nitromethane. This method offers a convenient and sensitive method of detection of trace nitroaromatic explosive residue.     

AIDS, employment, and the direct threat defense: the burden of proof and the circuit court split

This Note examines disability-related discrimination in light of the protections afforded by the Americans with Disabilities Act (ADA) and in the context of an HIV- or AIDS-infected employee. Under the ADA, an employer may legally fire a worker who poses a direct threat to the individuals around him or her. It is unclear, however, whether the burden of proving or disproving the claim that an individual is a direct threat lies with the employer or the employee. This Note analyzes the circuit split over which party bears the burden of proof under the direct threat standard in light of prospective HIV-related litigation.