Recovering from research: a no-fault proposal to compensate injured research participants

National advisory committees have considered the obligations owed to research participants in the event of research-related injuries. These committees have repeatedly concluded that injured research participants are entitled to compensation for their injuries, that the tort system provides inadequate remedies, and that the United States should adopt no-fault compensation. But because the advisory committees have made no concrete proposals and have taken no steps toward implementing no-fault compensation, the United States continues to rely on the tort system to compensate injured research participants. This Article argues that recent legal developments and a transformation in the global research landscape make maintaining the status quo morally indefensible and practically unsustainable. Recent legal developments exacerbate the longstanding difficulties associated with the tort system as a method of compensation; nearly every injured research participant will have difficulty recovering damages, and certain classes of injured research participants--those in federal research and those abroad--are prevented from recovering altogether, resulting in substantial unfairness. In the past ten years, many of the countries substantially involved in research have mandated systematic compensation. By not mandating compensation, the United States has become a moral outlier and risks having its noncompliant research embargoed by foreign ethics committees, thereby delaying important biomedical advances. This Article examines alternative compensation mechanisms and offers a concrete no-fault compensation proposal built on systems already in place. The proposed system can be implemented in the United States and countries around the world to help harmonize various national compensation systems and to more equitably and effectively make those injured by research whole.     

Characterisation of gunshot residue from three ammunition types using suppressed anion exchange chromatography

Gunshot residue (GSR) is commonly analysed in forensic casework using either scanning electron microscopy with energy-dispersive X-ray spectroscopy (SEM-EDX) or gas chromatography-mass spectrometry (GC-MS). Relatively little work has been reported on the post-discharge GSR content of non-metallic inorganic or low molecular weight organic anions to distinguish between different ammunition types. The development of an analytical method using suppressed micro-bore anion exchange chromatography (IC) is presented for the analysis of GSR. A hydroxide gradient was optimised for the separation of 19 forensically relevant organic and inorganic anions in <23min and sensitivities of the order of 0.12-3.52ng of anion detected for all species were achieved. Along with an optimised extraction procedure, this method was applied to the analysis of post-ignition residues from three selected ammunition types. By profiling and comparing the anionic content in each ammunition residue, the possibility to distinguish between each type using their anionic profiles and absolute weight is presented. The potential for interference is also discussed with respect to sample types which are typically problematic in the analysis of GSR using SEM-EDX and GC-MS. To the best of our knowledge this represents the first study on the analysis of inorganic anions in GSR using suppressed ion chromatography.     

Digital era open government and democratic governance: The case of Government of Canada Wikipedia editing

As digital era open government initiatives are deployed globally, researchers are debating their effects on democratic governance. We develop a framework to evaluate whether these initiatives improve or undermine democratic governance and apply it to the case of Government of Canada Wikipedia editing and an automated Twitter account (@gccaedits) tracking this activity. Through content analysis of edits and analysis of access to information requests we show that while most edits made are useful and non-partisan, the response of news media and government managers ultimately renders the editing a threat to democratic governance. This complexity highlights the importance of assessing the merits of open government initiatives in their broader socio-political context. The findings also suggest that more fundamental shifts in contemporary political, media and administrative cultures are necessary before the potential benefits of open government reforms can materialize.     

Caregiving and quality of life

ABSTRACT

The increase in life expectancy for adults with learning disabilities has extended the caring role for their parents. This study examined the experiences of older parents who provide long-term care for their adult children with learning disabilities and how they conceptualise their quality of life. Data were collected using semi-structured interviews with 27 older parent carers from four London boroughs and were analysed using framework technique. Findings indicate that most parents appraised their quality of life positively and reported benefits, despite the challenges they had to negotiate daily. The benefits from caregiving, more so in later life, were: a connected family from shared caregiving; a sense of belonging; purposeful living; a reciprocal relationship with their adult children; and personal transformations from providing care that improved their quality of life. The challenges that participants regularly encountered were: multiple losses (sleep, career, identity and friends); the added stress of the government’s Personalisation Agenda of caring services; struggles for access to services; searching for a diagnosis; worry about future care and fear of abuse when carers are unable to continue in their role; unhelpful attitudes of health and social care professionals; and a lack of empathy from friends as well as the public towards people with learning disabilities. Caregiving and quality of life are inextricably linked and the difficulties that parents experienced were mainly associated with socio-structural barriers, rather than their children’s disabilities. Importantly, the findings inform the practice of social workers and others who support this unique group of carers by providing new insights into how caring impacts on quality of life over time and how best these parents’ needs can be met. This study makes a specific contribution to understanding the lived realities of older carers and extends current conceptualisations of caregiving and quality of life among older people.     

The Heathrow Case in the Supreme Court: Climate Change Legislation and Administrative Adjudication

In R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd the UK Supreme Court allowed an appeal against the Court of Appeal's decision that there had been a series of legal errors in the designation of the Airport National Policy Statement. This case note analyses the case from an ‘internal’ doctrinal perspective and argues that the Supreme Court could have engaged more explicitly with the legal issues that arise from climate change legislation for administrative law adjudication. For courts to adjudicate well in such circumstances they need to be prepared to develop administrative law doctrine, particularly in light of the issues of integrating climate change into public decision-making and of scientific/policy uncertainty which lie in the background of climate change legislation.     

Victim-warriors and iconic heroines: photographs of female combatants in Aceh,Indonesia

Analyzing photos and narratives of the “widows’ battalion” in Aceh, Indonesia that appeared in international and local print media between 2000 and 2002, this article traces how images of female combatants initially provided evidence of a uniformed, armed ethno-nationalist movement motivated by past state violence and linked to historical legends of women involved in armed resistance to colonialism. Subsequently, the heroines were recast as immoral young women pursuing inappropriate sexual relationships with the occupying military. The problems of intelligence gathering, double agents, and the indeterminate zone of overlap in which male soldiers collaborated in the past were rewritten as a problem of sexual or intimate relations that violated religious and cultural norms. In Aceh, the affective power and complexity of women’s positioning as both victim and combatant is fueled by the invocation of the iconic heroines of the anticolonial resistance and ideas about international human rights. Images and narration of the widows’ battalion appear to champion female combatants past and present, but in fact, contribute to the consolidation of the power of male commanders and combatants in the resistance movement. Analyses of human rights photography must consider the affective power of images beyond engaging the empathy of distant spectators to consider their role in conflict dynamics.     

Organic impurity profiling of fentanyl samples associated with recent clandestine laboratory methods

Nearly a decade ago, fentanyl reappeared in the United States illicit drug market. In the years since, overdose deaths have continued to rise as well as the amount of fentanyl seized by law enforcement agencies. Research surrounding fentanyl production has been beneficial to regulatory actions and understanding illicit fentanyl production. In 2017, the Drug Enforcement Administration (DEA) began collecting seized fentanyl samples from throughout the United States to track purity, adulteration trends, and synthetic impurity profiles for intelligence purposes. The appearance of a specific organic impurity, phenethyl-4-anilino-N-phenethylpiperidine (phenethyl-4-ANPP) indicates a shift in fentanyl production from the traditional Siegfried and Janssen routes to the Gupta-patent route. Through a collaboration between the DEA and the US Army's Combat Capabilities Development Command Chemical Biological Center (DEVCOM CBC), the synthesis of fentanyl was investigated via six synthetic routes, and the impurity profiles were compared to those of seized samples. The synthetic impurity phenethyl-4-ANPP was reliably observed in the Gupta-patent route published in 2013, and its structure was confirmed through isolation and structure elucidation. Organic impurity profiling results for illicit fentanyl samples seized in late 2021 have indicated yet another change in processing with the appearance of the impurity ethyl-4-anilino-N-phenethylpiperidine (ethyl-4-ANPP). Through altering reagents traditionally used in the Gupta-patent route, the formation of this impurity was determined to occur through a modification of the route as originally described in the Gupta patent.     

Licensed firearm dealers,legal compliance,and local homicide: A case study

Research summary

This study uses a combination of tract-level and street network-level analyses to examine: (1) the overall association between federally licensed firearm dealers (FFLs) and homicides, (2) the relationship between dealers with serious violations (such as selling to prohibited buyers or failing to record sales) and homicide, and (3) whether the dealer–homicide association is moderated by community disadvantage. Results replicate and confirm a relationship between dealers and homicides in disadvantaged neighborhoods. Importantly, however, we also find that proximity to noncompliant dealers specifically elevates the risk of lethal violence.

Policy implications

We detail how a coordinated effort between federal, state, and local agencies to regulate firearm dealers and ensure that legal compliance can be instrumental in reducing gun violence. There is a clear need for increased oversight of gun dealers and more robust policies that hold negligent dealers accountable, including the necessary funding and regulatory manpower to enable regular auditing and support consistent follow-up for noncompliant dealers. A comprehensive policy framework that supports supply-side gun violence reduction should include additions to state-level laws that require record keeping, videotaping and store security, and regular inspection for firearm dealers.