Nothing to Lose: An Insurance Company's Duty of Good Faith and Fair Dealing,Punitive Damages,and The Legacies of Campbell

This article explores the potential evisceration of the deterrence function of punitive damages, one of the only economic incentives that deters insurance companies from opportunistically breaching their insurance policies. Readers will gain an understanding of why large punitive damages awards are essential in the insurance coverage field and how such awards may implicate due process standards. The article explains the constitutional limitations set forth by the U.S. Supreme Court in imposing punitive damages, and provides a roadmap of how lower courts and practitioners are presently applying these rules.     

Investigating polyurethane foam as a form of trace evidence.

The aim of this study was to determine whether polyurethane (PU) foam fragments from different sources could be discriminated from each other. Low and high power microscopy was used to determine whether or not foam fragments were distinguishable from each other under various lighting conditions. Once similar foam fragments were declared microscopically indistinguishable, the visible range microspectrophotometer was highly competent in further distinguishing the spectral characteristics in various fragments from each other. Foam fragments from the same source were shown to display no microscopical or chemical variation. Conversely, it was possible to make clear distinctions between foam fragments from different sources.     

Clinically Significant Trauma Symptoms and Behavioral Problems in a Community-based Sample of Children Exposed to Domestic Violence

This study assessed the associations of characteristics of domestic violence incidents with clinically significant levels of traumatic symptoms and behavioral problems in a socio-economically and ethnically mixed sample of 687 children participating in a community-service program for children witnessing violence. Study predictors included child/family demographic characteristics, type and chronicity of exposure, and child’s perceptions of control over the event and threat to personal safety. Outcomes consisted of traumatic symptoms and behavior problems. Results showed that perceived threat and control were associated with greater odds of clinically significant levels of several trauma symptoms (and behavior problems in the case of perceived threat) after adjusting for effects of demographic factors and violence characteristics. Child co-victimization increased odds of reaching clinically significant levels of traumatic symptoms compared to children who witnessed the event but were not victimized. Female sex and White ethnicity increased odds of specific trauma symptoms and behavior problems. Increasing age reduced odds of some trauma symptoms. Associations between predictors and one outcome measure did not generalize across the other outcome measure. Implications of study findings, and directions for future research are discussed.     

Latinos/as in the criminal and juvenile justice systems

With few exceptions, prior explanations of racially disparate punishment have followed a dichotomous approach (i.e., African American versus Caucasian), due in part to the limitations of existing data. Researchers have either excluded Latino/a, defendants or treated them as a monolithic group. Consequently, there is not much on Latinos/as, whose experiences with the criminal and juvenile justice systems differ from those of African American and Caucasian. This article expands on current literature by providing a thorough overview of existing literature on Latino/as. It critiques this body of literature and lists ten common methodological flaws that may contribute to findings of equal treatment. Finally, it provides a concise summary of the main subgroups within the umbrella term ‘Latino/a’ to highlight the heterogeneity within this classification.     

Assessing Readiness to Change among Perpetrators of Intimate Partner Violence: Analysis of Two Self-report Measures

Recent interest in the construct of motivation to change among male perpetrators of intimate partner violence (IPV) has led to development of two self-report measures of this construct: the University of Rhode Island Change Assessment for Domestic Violence (URICA-DV; Levesque et al. 2000) and the Safe at Home Inventory (SAH; Begun et al. 2003). We examined the internal structure of these instruments using confirmatory and exploratory factor analyses in a sample of 199 male IPV perpetrators waiting to begin court-mandated batterer intervention programs. Results indicated that the scales had adequate internal consistency. However, using confirmatory factor analyses, the hypothesized structural models of each instrument fit the data poorly. Subsequent models suggested by a series of exploratory factor analyses failed to improve model fit substantially for both scales. For the URICA-DV, a 3-factor model including items from the Precontemplation, Contemplation, and Action subscales fit the data adequately. No acceptable model fit could be found for the SAH. Intercorrelations among similar subscales across the two inventories suggested only a modest degree of intercorrelation (r’s = 0.16–0.52), and a factor structure more dependent on scale of origin than item latent content, suggesting that the scales assess different facets of the readiness to change construct. These results suggest that before the stages of change construct can be fully applied to the IPV area, more research and evaluation are needed on how to accurately assess abuser readiness to change.     

Successful DNA typing of ultrafiltered urines used to detect EPO doping

Endogenous and exogenous erythropoietin (EPO) present in urine can be distinguished according to their isoelectric profiles. This methodology requires urine samples to be concentrated about 200 to 1000 times with manipulations that should remove most of the cells occurring in the original sample. In this study, we tried to obtain DNA profiles from 10 ultrafiltered urines (retentates) in order to evaluate whether a formal genetic identification was technically feasible. No nuclear DNA profiles could be established from retentates, despite 34 PCR-cycles amplifications. Contrastingly, mitochondrial DNA (mtDNA) profiles were obtained for 9 out of the 10 retentates. Apart from some particularities, retentate mtDNA profiles were all distinct and matched mtDNA profiles of corresponding reference samples.     

The Legacy of Violence on Post-Civil War Elections: The Case of El Salvador

Over the last several decades, numerous civil wars have ended as a consequence of negotiated settlements. Following many of these settlements, rebel groups have made the transition to political party and competed in democratic elections. In this paper, I assess the legacy of civil war on the performance of rebel groups as political parties. I argue that the ability of rebels to capture and control territory and their use of violence against the civilian population are two key factors explaining the performance of rebels as political parties. I test these hypotheses against the case of the Farabundo Martí National Liberation Front (FMLN) in El Salvador using one-way ANOVA and multivariate regression analyses. In analyzing the FMLN’s performance in the 1994 “elections of the century,” I find that, as a political party, the FMLN benefited both from the state’s violently disproportionate response and its ability to hold territory during the war.