Tarasoff in Missouri: The jurisprudence of a mental health provider's duty to warn and protect non-patients of potential risks from patients

In 1976, the Supreme Court of California issued its well-known Tarasoff Principle. From this principle, other courts found a duty to warn, and some found more than just a duty to warn, a duty to protect. As courts in other states adopted a version of the Tarasoff Principle, they issued a wide variety of third-party liability rules. In light of the dynamic, everchanging Tarasoff jurisprudence in the United States and recent relevant appellate court opinion in Missouri, a timely updated summary and update of Tarasoff-related jurisprudence in Missouri is warranted. In the present analysis, we compiled the four appellate court decisions that pertained to the questions of Tarasoff-like third-party liability in the State of Missouri: Sherrill v. Wilson (1983), Matt v. Burrell (1995), Bradley v. Ray (1995), and Virgin v. Hopewell (2001). We reviewed all legal measures for clinicians to protect nonpatients in Missouri, not just those that relate to protecting nonpatients from violence as in a Tarasof-like scenario. Thus, this paper concisely provides a compendium of such options and allows for a meaningful comparison of which legal, protective measures are mandatory and which are permissive, thereby evoking the question of whether measures of protecting nonpatients from a patient's violent acts ought to be mandatory duties or permissive application of professional judgment.     

Three Decades of Policy Layering and Politically Sustainable Reform in the European Union's Agricultural Policy

The study of policy reform has tended to focus on single‐stage reforms taking place over a relatively short period. Recent research has drawn attention to gradual policy changes unfolding over extended periods. One strategy of gradual change is layering, in which new policy dimensions are introduced by adding new policy instruments or by redesigning existing ones to address new concerns. The limited research on single‐stage policy reforms highlights that these may not endure in the postenactment phase when circumstances change. We argue that gradual policy layering may create sustainability dynamics that can result in lasting reform trajectories. The European Union's Common Agricultural Policy (CAP) has changed substantially over the last three decades in response to emerging policy concerns by adding new layers. This succession of reforms proved durable and resilient to reversal in the lead‐up to the 2013 CAP reform when institutional and political circumstances changed.     

Intellectual iconoclasm as modernizing foreign policy: the cases of Mahathir bin Mohamad and Lee Kuan Yew

This article attempts to engage in a preliminary twinned study of the foreign policy styles of Mahathir bin Mohamad and Lee Kuan Yew within the framework of ‘modernizing Southeast Asian foreign policies’. Modernization is a process of immense multidimensional displacement in economy, society, political system, attitudes towards politicians, identities, work, and consumption. As such the onus falls upon their leaders to either mitigate change or productively awaken their followers to embrace a new mode of thought. Both Lee and Mahathir have however chosen to engage in the foreign policy of intellectual iconoclasm featuring the narrative of ‘productive shock’, manufactured nationalist logics, elitist policy-making and elaborate self-propaganda.     

Transitional Justice and Its Discontents: Socioeconomic Justice in Bosnia and Herzegovina and the Limits of International Intervention

ABSTRACT

The incorporation of socioeconomic concerns into transitional justice has traditionally, as a result of prevailing liberal notions about dealing with the past, been both conceptually and practically difficult. This article demonstrates and accounts for these difficulties through the case of Bosnia and Herzegovina, a country which has been characterized by a complex transition process and a far-reaching international intervention, encompassing transitional justice and peacebuilding as well as political and economic reforms. Examining the limits of international intervention in Bosnia and the marginalization of socioeconomic justice issues, the article analyses the events surrounding the protests that broke out in February 2014, and the ensuing international engagement with the protest movement. Faced with a broad-based civic movement calling for socioeconomic justice, the international community struggled to understand its claims as justice issues, framing them instead as problems to be tackled through reforms aimed at completing Bosnia’s transition towards a market economy. The operation of peacebuilding and transitional justice within the limits of neoliberal transformation is thus instrumental in explaining how and why socioeconomic justice issues become marginalized, as well as accounting for the expression of popular discontent where justice becomes an object of contestation and external intervention.     

The Criminal Trial,the Rule of Law and the Exclusion of Unlawfully Obtained Evidence

If the criminal trial is aimed simply at ascertaining the truth of a criminal charge, it is inherently problematic to prevent the prosecution from adducing relevant evidence on the ground of its unlawful provenance. This article challenges the starting premise by replacing the epistemic focus with a political perspective. It offers a normative justification for the exclusion of unlawfully obtained evidence that is rooted in a theory of the criminal trial as a process of holding the executive to the rule of law. On this theory, it is the admission rather than exclusion of such evidence that is inherently problematic. The differences between this theory and others that are in currency will be noted, as will its implications and limitations.     

Gender and the academic profession in contemporary Tajikistan: challenges and opportunities expressed by women who remain

This article attempts to describe the deleterious impact of higher educational changes affecting female faculty members working in Tajik universities in the post-Soviet era. Over the past two decades, the social and economic position women gained during Soviet times has significantly eroded, bringing enormous challenges to education and higher education access, completion and staffing. The demographic and cultural marginalization of women here has negatively impacted university teaching opportunities and the status of women faculty members. Ethnographic interviews – along with relevant secondary data – reveal that despite various official gender-equity policies announced by the state, female participation issues remain prominent in the university. Our interviewees also report continued difficulty entering higher faculty ranks and leadership positions in university. However, significant numbers of women are still to be found there, and they report a workable compromise between being professional educators and trying to navigate a local culture that is becoming more ‘traditional’.     

Proportional Representation with Citizen Candidates

We construct a simple model incorporating bothcitizen-candidates and proportional representation andinvestigate its properties in a basic case with auniform distribution of citizen ideal points and purepolicy motivations, and in further cases which allowof office rents and other distributions ofpreferences. The idea of citizen-candidates, developedby Osborne and Slivinski (1996), Besley and Coate(1997), endogenises the decision to stand as acandidate and allows explicit study of the number andtype of candidates as an equilibrium phenomenon. Theidea of proportional representation allows a moreflexible relationship between the pattern of votescast and the final policy outcome, and also providesa richer model of political representation. Ourdiscussion points to the widespread possibility ofequilibria involving non-median policy outcomes;provides insights into the relationship betweenproportional representation and the equilibrium numberof candidates; and also provides an explicit accountof the trade-off between candidate benefitsdistributed on a winner-take-all basis and those thatare mediated through proportional representation.