Trust Parties’ Uniquely Easy Access to Rescission: Analysis,Critique and Reform

Parties to trusts currently enjoy easier access to judicial avoidance of voluntary dispositions resulting from mistakes and inadequate decision‐making than other persons. The principal doctrinal basis for this advantage has shifted from the rule in Re Hastings‐Bass to rescission in equity. The article argues that this advantage is normatively unjustified, and recommends a uniform legal framework to govern the avoidance of voluntary dispositions resulting from mistakes or inadequate decision‐making, whether or not a trust was involved. Under this framework, dispositions resulting from laypersons’ mistakes and inadequate decision‐making should be avoided, subject to appropriate defences, whenever that causative nexus is present, while dispositions resulting from professionals’ mistakes and inadequate decision‐making should only be avoided where the mistake or deliberative flaw was so serious as to render the transferee's retention of property transferred unjust.     

A Ballistics Examination of Firearm Injuries Involving Breast Implants

This ballistics study examines whether saline breast implants can decrease tissue penetration in firearm injuries. We hypothesize that the fluid column within a saline breast implant can alter bullet velocity and/or bullet pattern of mushrooming. The two experimental groups included saline implants with 7.4 cm projection and a no implant group. The experimental design allowed the bullet to pass‐through an implant and into ballistics gel (n = 10) or into ballistics gel without passage through an implant (n = 11). Shots that passed through an implant had 20.6% decreased penetration distance when compared to shots that did not pass‐through an implant; this difference was statistically significant (31.9 cm vs. 40.2 cm, p < 0.001). Implant group bullets mushroomed prior to gel entry, but the no implant group mushroomed within the gel. Bullet passage through a saline breast implant results in direct bullet velocity reduction and earlier bullet mushrooming; this causes significantly decreased ballistics gel penetration.     

Imagining violent criminals: an experimental investigation of music stereotypes and character judgments

Objectives

In criminal cases, prosecutors treat defendant-authored rap lyrics as an admission of guilt rather than as art or entertainment. Do negative stereotypes about rap music shape jurors’ attitudes about the defendant, unfairly influencing outcomes? Replicating and extending previous research (Fischoff Journal of Applied Social Psychology, 29(4), 795–805, 1999; Fried Journal of Applied Social Psychology, 26(23), 2135–2146, 1996; Dunbar et al. Public Policy, and Law, 22(3), 280–292, 2016), the current study begins to address these questions.

Methods

Using an experimental approach, participants were presented with music lyrics and asked to make judgments about the person who wrote the lyrics. All participants read the same lyrics but were told they were from a country, heavy metal, or rap song, depending upon the condition into which they were randomly assigned. Again using random assignment, participants were provided with information about the race of the songwriter in a photo of a young man. Finally, participants were tasked with judging the character of the songwriter, including traits such as his violent nature and criminal disposition.

Results

We find that writers of violent “rap” lyrics are perceived more negatively than writers who pen identical country and heavy metal lyrics. We also find that songwriter race matters; no differences in judgments were detected between the White and Black songwriters; however, when race information was not provided, participants who inferred the songwriter was Black judged him more negatively than participants who inferred he was White.

Conclusions

These findings have implications for racial disparities in the criminal justice system.

     

Prescribing engagement in environmental risk assessment for gene drive technology

Gene drive technology is a nascent biotechnology with the potential to purposefully alter or eliminate a species. There have been broad calls for engagement to inform gene drive governance. Over the past seven years, the gene drive community has been developing risk assessment guidelines to determine what form future gene drive risk assessments take, including whether and how they involve engagement. To explore who is developing these guidelines and how engagement in risk assessment is being prescribed, we conduct a document analysis of gene drive risk assessment guideline documents from 2014 to 2020. We found that a narrow set of organizations have developed 10 key guideline documents and that with only one exception the documents prescribe a narrow, vague, or completely absent role for engagement in gene drive risk assessment. Without substantively prescribed engagement in guidelines, the relevance, rigor, and trustworthiness of gene drive risk assessment and governance will suffer.