Court strikes out latest action in contaminated blood litigation

On 24 June 2003, the Federal Court of Canada--Trial Division struck out an action by three hemophiliacs infected with HIV through contaminated blood products. The case arose out of the destruction of records by members of Canadian Blood Committee (CBC) in 1989. The defendants were the government of Canada and three government of Canada employees who worked at the CBC in 1989 and were alleged to have been involved in the destruction of records.     

Detecting Deception in Children's Testimony: Factfinders' Abilities to Reach the Truth in Open Court and Closed-Circuit Trials

This study examined the influence of closed-circuit television (CCTV) on jurors' abilities to detect deception in children's testimony. Children ages 7–9 individually played games and made a video movie with a male confederate. In the guilty condition, stickers were placed on exposed body parts (i.e., the child's arm, toes, and bellybutton). In the not-guilty and deception conditions, stickers were placed on the child's clothing rather than on bare skin. Approximately 3 weeks later, mock jurors recruited from the community viewed child participants testify either in a traditional courtroom setting or via one-way CCTV. The mock jurors responded to questions about the child witness and the defendant as well as deliberated to reach a verdict. Children in the deception condition were asked to testify as if the stickers had been placed on exposed body parts rather than on their clothing. Predeliberation, jurors were less likely to convict when a child testified in the deception condition as opposed to the guilty condition. These differences disappeared following deliberation. There was no support for the notion that jurors reach the truth better when children testify in open court versus via CCTV. Implications for jurors' abilities to reach the truth are discussed.     

Alcohol content of beer and malt beverages: forensic consideration

Beer consumption is commonly an issue in a medico-legal setting, requiring estimates either of a likely blood alcohol concentration (BAC) for a given pattern of consumption or vice versa. Four hundred and four beers and malt beverages available for sale in the State of Washington were tested by gas chromatography for their alcohol content. Considerable variability in the alcoholic strength was found, even within the same class. Overall the range of concentrations was 2.92%v/v to 15.66%v/v. The mean alcohol concentration for ales was 5.51%v/v (SD 1.23%v/v), and for lagers, 5.32% (SD 1.43%v/v). Some specialty brews had characteristically higher or lower mean concentrations: ice beers 6.07%v/v, malt liquor 7.23%v/v, light beer 4.13%v/v, seasonal ales 6.30%v/v. Six brands of lager and four light beers account for the majority of all beer sales in the United States, and the mean alcohol concentration for these products was measured as 4.73%v/v and 4.10%v/v respectively. Few of the beers (17%) were labeled with respect to alcohol content, and in some cases, there was a significant disparity between the concentration listed on the label, and the measured alcohol concentration. Toxicologists need to exercise caution when performing Widmark type calculations, using all available information to select the most appropriate estimate for alcoholic strength of a beer or malt beverage.     

A response to Rynerson and Fishel (1993)

According to Rynerson and Fishel (1993), domestic violence is a widespread problem deserving research attention, specifically with regard to measuring treatment program outcomes that result in decreasing the incidence and prevalence of domestic violence. While we convey our respect for their exploration in a much needed area, we found a lack of connection between program effectiveness and the variables investigated: locus of control and relationship satisfaction. Moreover, there are several shortcomings with the sample and other methodological problems which weaken the validity of their findings.     

Consent in escrow

Disasters such as flash flooding, mass shootings, and train and airplane accidents involving large numbers of victims produce significant opportunity for research in the biosciences. This opportunity exists in the extreme tails of life events, however, during which decisions about life and death, valuing and foregoing, speed and patience, trust and distrust, are tested simultaneously and abundantly. The press and urgency of these scenarios may also challenge the ability of researchers to comprehensively deliver information about the purposes of a study, risks, benefits, and alternatives. Under these circumstances, we argue that acquiring consent for the immediate use of data that are not time sensitive represents a gap in the protection of human study participants. In response, we offer a two-tiered model of consent that allows for data collected in real-time to be held in escrow until the acute post-disaster window has closed. Such a model not only respects the fundamental tenet of consent in research, but also enables such research to take place in an ethically defensible manner.     

When Someday Is Today: Carrying Forward the History of Old Age and Inheritance into the Age of Medicaid

Hartog, Hendrik. 2012 . Someday All This Will Be Yours: A History of Inheritance and Old Age . Cambridge MA: Harvard University Press. Pp. 353. $29.95 cloth. This review essay of Hendrik Hartog's ( 2012 ) Someday All This Will Be Yours undertakes a brief overview of some of the massive changes in middle‐class planning for old age and inheritance in the United States over the course of the past century, focusing on the increased role of the state as a source of funding and regulation, the rise of the elder law bar, and the resulting new tools and motives for the transfer of property in exchange for care in the age of Medicaid.     

Complex scientific testimony: How do jurors make decisions?

Critics of the civil jury system question whether jurors can adequately evaluate complex expert testimony. Based on current models of research in persuasion, we hypothesized that when expert testimony is complex, factors other than content will influence persuasion. Participants, serving as mock jurors, watched a videotaped trial in which two scientists provided evidence on whether PCBs could have caused a plaintiff's illness. The complexity of the expert's testimony and the strength of the expert's credentials were varied in a 2×2 factorial design. After watching the videotape, mock jurors rendered a verdict and completed a number of attitude measures related to the trial. Overall, consistent with our prediction, we found that jurors were more persuaded by a highly expert witness than by a less expert witness, but only when the testimony was highly complex. When the testimony was less complex, jurors relied primarily on the content of that testimony, and witness credentials had little impact on the persuasiveness of the message.     

Children of the American Prison Generation: Student and School Spillover Effects of Incarcerating Mothers

Formal equality and judicial neutrality can lead to substantive inequality for women and children, with social costs that extend beyond individuals and families and spill over into the larger social settings in which they are located. We consider the uniquely damaging effects of an “equality with a vengeance” (Chesney‐Lind & Pollack 1995) that resulted from “tough on crime” policies and the 1980s federal and state sentencing guidelines that led to the incarceration of more women and mothers. We argue that legal equality norms of the kind embedded in the enforcement of sentencing guidelines can mask and punish differences in gendered role expectations. Paradoxically, although fathers are incarcerated in much greater numbers than are mothers, the effect threshold is lower and the scale of effect on educational outcomes tends to be greater for maternal incarceration. We demonstrate both student‐ and school‐level effects of maternal incarceration: the damaging effects not only affect the children of imprisoned mothers but also spill over to children of nonincarcerated mothers in schools with elevated levels of maternal incarceration. We find a 15 percent reduction in college graduation rates in schools where as few as 10 percent of other students' mothers are incarcerated. The effects for imprisoned fathers are also notable, especially at the school level. Schools with higher father incarceration rates (25 percent) have college graduation rates as much as 50 percent lower than those of other schools. The effects of imprisoned mothers are particularly notable at the student level (i.e., with few children of imprisoned mothers graduating from college), while maternal imprisonment effects are found at both student and school levels across the three measured outcomes. We demonstrate these effects in a large, nationally representative longitudinal study of American children from the 1990s prison generation who were tracked into early adulthood.     

‘Sometimes fear gets in all your bones’: towards understanding the complexities of risk in development work

ABSTRACT

In the context of increasing risk for aid workers, a growing body of scholarship is focused on risk management in contexts of humanitarian assistance and development work. Much less attention, however, has been given to how staff and volunteers experience such risks. This paper adopts a feminist geographical approach to explore how development workers make meaning of risk in specific contexts. Adopting a qualitative approach, it draws upon 14 semi-structured in-depth interviews with international (7) and local (7) staff of an international educational and sporting non-governmental organisation (NGO) in Afghanistan. After exploring differences between local and foreign staff perceptions of risk, it also offers a gendered analysis of risk for women development workers in Afghanistan. In so doing, this paper contributes to the growing body of literature in ‘Aidland’ studies by revealing the complex understandings of risk and fear by both foreign and local staff in the same geographical and organisational context. For NGOs seeking to make life-saving decisions based on the calculation of risk, this paper evidences the need to also create space for the voices of local and foreign staff whose experiences of risk will be highly relational, embodied, gendered and context specific.