Guiding Principles for Directorial Conflicts of Interest: Re Allied Business and Financial Consultants Ltd; O'Donnell v Shanahan

The Court of Appeal has disposed of the ‘scope of business’ test as the touchstone principle for directorial entrepreneurship cases and has confirmed the continuing applicability of a capacity approach while emphasising the importance of directors obtaining the company's informed consent before taking up opportunities that they encounter. This provides welcome legal certainty but raises interesting questions about the scope of a director's disclosure obligations.     

Effects of Experiencing the Eyewitness Identification Procedure on Juror Decisions

Mistaken eyewitness identifications are believed to contribute to a preponderance of wrongful convictions, underscoring the need to identify methods to help decrease the likelihood of false convictions based on eyewitness testimony. The present study tested the hypothesis that providing jurors with first-hand experience with eyewitness identification procedures could help further sensitize them to the limitations of eyewitness testimony. Eighty college students watched a videotaped mock trial in which the prosecution’s sole evidence was eyewitness testimony. In a 2 × 2 randomized factorial design, we manipulated whether participants heard expert psychological testimony (henceforth referred to as expert testimony) on the limitations of eyewitness identification and whether they experienced an eyewitness identification procedure. As predicted, experiencing the eyewitness identification procedure had a significant impact on juror decisions, suggesting that this procedure could further help reduce the likelihood of wrongful convictions.     

Sticky Dollars: Inertia in the Evolution of Federal Allocations for HIV Care through the Ryan White HIV/AIDS Program

While substantial research examines the dynamics prompting policy adoption, few studies have assessed whether enacted policies are modified to meet distributional equity concerns. Past research suggests that important forces limit such adaptation, termed here "policy inertia." We examine whether block grant allocations to states from the Ryan White HIV/AIDS Program have evolved in response to major technological and political changes. We assess the impact of initial allocations on later funding patterns, compared to five counterfactual distributional equity standards. Initial allocations strongly predict future allocations; in comparison, the standards are weak predictors, suggesting the importance of policy inertia. Our methodology of employing multiple measures of equity as a counterfactual to policy inertia can be used to evaluate the adaptability of federalist programs in other domains.     

Forensic dental training in the dental school curriculum

This article reviews the literature regarding forensic education in the dental school curriculum and describes an exercise in forensic identification of victims of a mass casualty. Radiographs were made of dentate human cadavers in the gross anatomy laboratory at the Southern Illinois School of Dental Medicine. The jaws were then removed to provide "wet specimens" for the exercise. Several restorations were performed on the cadaver teeth, after which radiographs of the dissected jaws were made. One author wrote up mock dental records for each of the victims. These records included the first set or "premortem" radiographs. Students participating in the exercise were provided with a plane crash scenario, the dental records of the passengers on the manifest, the dissected jaws, and the second set or "postmortem" radiographs. Students were expected to form three teams. The first two teams evaluated the ante-mortem and postmortem dental records. The third team compared the ante-mortem and postmortem records to arrive at identification. The purpose of the exercise was twofold. It introduced dental students to forensic dentistry and emphasized the need for complete and accurate record keeping in the dental office. Several factors lessened the realism of the exercise and made it difficult to reproduce in the future. These included the uniformity of the dental records and the destruction of cadaver material following the exercise.     

Corruption and turnout in Portugal—a municipal level study

This article ventures to be one of the first studies that examines the relationship between corruption and electoral turnout on the sub-national level. Taking Portugal, a southern European country with nationally relatively high levels of corruption and relatively low levels of turnout, as a case, we examine the relationship between the two concepts across Portugal’s 304 out of 308 municipalities for the legislative elections in 2005 and 2009. Controlling for municipal level GDP per capita, unemployment, the percentage of senior citizens, and population density, as well as the closeness of the election and the district magnitude, we find corruption to be a rather strong mobilizing agent. Compared to “clean” municipalities, our results indicate that turnout is several percentage points higher in “very corrupt” municipalities.     

Costa Rica's biodiversity law: Sharing the process 1

Abstract

This article assesses the prospects for Costa Rica's new Biodiversity Law. We believe that this analysis could also provide a valuable case study of national implementation of the Convention on Biological Diversity (CBD). The article is not intended to be a primer on the CBD, nor will it defend its precepts. The authors believe that each nation must formulate a legal framework to regulate biodiversity that reflects their unique national circumstances.     

A Review of Alcohol‐Impaired Driving: The Role of Blood Alcohol Concentration and Complexity of the Driving Task

The operation of a motor vehicle requires the integrity of sensory, motor, and intellectual faculties. Impairment of these faculties following the consumption of alcohol has been studied extensively through laboratory, closed‐course and on‐road driving, and epidemiological studies. The scientific literature was reviewed critically, with a focus on low‐to‐moderate blood alcohol concentrations (BAC ≤ 0.100%), to identify the most reliable determinants of alcohol‐impaired driving. Variables such as age, gender, driving skill, and tolerance were shown to have limited impact on impairment. It was concluded the most relevant variables are BAC and complexity of the driving task. The scientific literature provides a high degree of confidence to support the conclusion that a BAC of 0.050% impairs faculties required in the operation of a motor vehicle. Whether impairment is apparent depends upon the complexity of the driving task, which applies to both study design and actual driving.