Just When You Thought You Understood New Jersey Allocation Law: Implications,Limitations, and Complications in Applying Farmers Mutual Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass’n

The New Jersey Supreme Court's recent decision in Farmers Mutual Fire Insurance Company of Salem v. New Jersey Property-Liability Insurance Guaranty Association holding that a 2004 statutory amendment requires all solvent triggered liability policies be exhausted before the Guaranty Association pays statutory benefits for an insolvent's share has created many uncertainties in allocating long-tail liabilities. This article discusses the implications and the significant limitations of the Farmers Mutual decision and the questions it leaves unanswered, and responds to arguments that the decision supports revisiting other situations where New Jersey's Owens-Illinois methodology allocates losses to the insured.     

The power of policing partnerships: sustaining the gains

Objectives

Third Party Policing (TPP) involves partnerships between police and third parties where the legal powers of third parties are harnessed to prevent or control crime problems. This paper explores the characteristics and mechanisms of TPP as a crime control strategy, focusing on how the partnership approach in policing can help sustain crime control gains over the long run. Using the ABILITY Truancy Trial as an example, I examine how policing can contribute to long-term social change for high-risk young people living in poor-performing school districts and high-risk communities.

Methods

The ABILITY Trial includes 102 young truants randomly allocated to a control (business-as-usual) or an experimental condition. The experimental condition activates the key theoretical components of Third Party Policing (TPP): a partnership between police and participating schools that activates and escalates (where needed) jurisdictional truanting laws (the legal lever).

Results

The paper presents a theoretical discussion of TPP and uses the ABILITY Trial to highlight the way TPP works in practice. Baseline data are presented for the ABILITY Trial. Outcome results are not presented.

Conclusions

Third Party Policing partnerships rest on the capacity of police to build relationships with third parties who have a stake in the crime problem, who possess responsive regulation legal levers, and who have a clear mandate to offer long-term solutions and help sustain the crime control gains. Partnerships, I argue, offer long-term solutions for police because they activate latent mechanisms, building the capacity for third parties to both maintain short-term gains and sustain the crime control gains beyond the lifespan of the initial police intervention.     

A Social Learning Theory Model of Marital Violence

A social learning theory model of minor and severe marital violence offending and victimization among males and females was tested. Results support social learning as an important perspective in marital violence. However, males and females are impacted differently by their experiences with violence in childhood and adolescence. Prior experiences with violence have a more dramatic impact in the lives of females than males, both during adolescence and adulthood.     

The Process of Leaving an Abusive Relationship: The Role of Risk Assessments and Decision-Certainty

Seventy female residents of an urban domestic violence shelter were interviewed to examine a series of hypotheses concerning two factors relevant to the process of leaving an abusive relationship: risk assessments and decision-certainty. Participants' subjective estimates of their own risk of returning to the batterer were examined relative to their perceptions of the likelihood that most battered women will return to the batterer, their certainty regarding the decision to leave the batterer, and their status on known risk factors for returning to an abusive relationship. As hypothesized, battered women's perceptions of personal risk for returning to the batterer were biased by unrealistic optimism; specifically, personal risk was estimated as significantly lower than the risk of most battered women and was not correlated with actual risk factors. Further, the magnitude of the optimistic bias was significantly greater among women expressing high certainty about their decision to leave than among women who expressed less certainty. The clinical implications of these findings are discussed.     

Implementing and evaluating crime prevention and control programs and policies

The history of crime prevention and control efforts in the United States has demonstrated little progressive improvement in our ability to deter crime. The major obstacles to implementing effective interventions and policies have been a weak scientific knowledge base about how to prevent crime, the research community's inability to effectively disseminate what is known about the causes of crime and to translate this knowledge into operational programs and policies, and a resistance on the part of practitioners and policy makers to evaluate programs and policies and to use this information in the development of new programs and policies. In the last decade, there have been major advances in our understanding about the causes of crime and we have now demonstrated the effectiveness of selected prevention programs. But there is little evidence that this scientific knowledge is informing current practice or policy. Problems in the dissemination of this information and the resistance to utilizing it remain. These problems are discussed and suggestions are made for addressing them. Our knowledge base remains modest, but it is now sufficient to inform policy and practice. The research community must work to do a better job of disseminating this information and overcoming the resistance to utilizing it before we will be successful in implementing effective crime prevention programs and policies. This revised version was published online in July 2006 with corrections to the Cover Date.     

Recent court rulings on medical and non-medical marijuana

The last several months saw important victories but also disappointments in litigation over criminal prohibitions of marijuana in Canada. Four cases are summarized below--two deal with claims regarding medical marijuana, the other two with recreational use.     

Red Cross and federal government held liable for hemophiliacs' HIV infection

After eight years of litigation, on 21 June 2000 three hemophiliacs infected with HIV finally won a judgment against the Canadian Red Cross Society and the federal government. An Ontario trial court ruled the Red Cross and the government were negligent for having delayed the implementation of heat treatment for blood products, which resulted in the plaintiffs' infections. Since starting their lawsuits in 1992, two of the three plaintiffs died of AIDS before the trial judgment. But the damage awards were criticized by the plaintiffs' lawyer.     

Complaint against Argentina over protection of patents and test data

On 30 May 2000, the same day as the complaint against Brazil, the US (again joined by the EC) filed a complaint against Argentina, alleging that its patent laws violate the TRIPS Agreement in a number of ways.