Climate change and national laws across Commonwealth countries

This paper furthers the Commonwealth agenda on climate action by exploring the kinds of ‘practical and swift action’ that might be taken through national legal frameworks to implement the Paris Agreement. The paper reviews national laws of Commonwealth member countries as they currently apply to and intersect with climate change. The paper investigates legal measures that relate directly to implement climate change policy, including climate change legislation and regulatory instruments such as emissions trading schemes and energy efficiency measures. It also considers indirect legal measures that can provide ‘co-benefits’ in relation to climate change policy, such as waste legislation and air quality measures. The paper presents examples of these different kinds of climate intersections in different Commonwealth legal systems, highlighting examples of what has worked well and what has not worked well to date, within different legal, economic and political cultures, and in different geographies and climates.     

All the President's Senators: Presidential Copartisans and the Allocation of Federal Grants

Previous scholarship argues that House members' partisan relationship to the president is among the most important determinants of the share of federal dollars they bring home to their constituents. Do presidential politics also shape distributive outcomes in the Senate? Analyzing the allocation of more than $8.5 trillion of federal grants across the states from 1984 to 2008, we show that presidential copartisan senators are more successful than opposition party members in securing federal dollars for their home states. Moreover, presidents appear to target grants ex post to states that gain presidential copartisans in recent elections.     

Early detection and early intervention in prison: improving outcomes and reducing prison returns

Our aim was to investigate whether early detection was feasible in prison and whether it could improve mental health outcomes in young prisoners. A secondary aim was to explore whether it can reduce returns to prison. Between 2011 and 2014, a total of 2115 young prisoners were screened, 94 (4.4%) met criteria for ultra-high risk for psychosis and were offered an intervention, 52 actually received it. Return to prison data were sought on the 52 participants, receiving a formal intervention. Of the 52 prisoners who received an intervention, 30.8% returned to custody compared to national average reconviction rates of between 45.4 and 66.5%. Our results suggest that early detection is a feasible option in a prison setting, improving mental health outcomes and reducing returns to prison. Mental health outcomes were recorded for a sub-sample of those receiving the intervention. The results indicated statistically significant improvements on measures of depression, anxiety and psychological distress.     

The influence of gender on ability to simulate handwritten signatures: a study of Arabic writers

This study investigates whether a writer's gender can be determined from an inspection of simulated signatures written in the Arabic alphabet or Arabic abjad. It is generally believed that the penmanship of female writers is superior to male writers. There is also reason to expect that superiority in writing skill might contribute to success in simulating the signatures of other writers. Simulated signatures produced by a large population of male (414) and female (312) Arabic writers were graded, and the results were statistically analyzed. Women were found to have a marginal advantage simulating all elements of the signatures, but there was no statistically significant difference between the genders on any of the elements examined.     

STATE CHILD EMOTIONAL ABUSE LAWS: THEIR FAILURE TO PROTECT CHILDREN WITH GENDER IDENTITY DISORDER

Emotional abuse of children with Gender Identity Disorder by parents is very difficult to identify and prevent. State investigators of abuse and neglect often have a hard time determining if the reasons for mental illness and psychological harm in children are due to the actions of their parents, or if they stem from other sources. Once identified, it becomes even harder to prove in court for purposes of ordering services or removing the child from the home if the abuse is severe enough. With children who are gender non‐conforming, this task becomes exponentially more difficult due to the low prevalence rate, discrimination, stereotypes, and a parent's right to bring up their child as they choose. These youth face discrimination and violence in school, work, their communities, and also within their own families. Emotional abuse statutes are too vague to protect youth who are gender non‐conforming. The vague and unclear laws lead to inconsistency in the application of the law and lack of protection of the children because judges and investigators are not aware of how parent's actions harms youth with gender identity disorder. Therefore, states should adopt the model statute within this Note which defines specific actions by parents which would not qualify as abuse when involving gender conforming youth but qualifies as abuse for children with gender identity disorder. Many states already have statutes which define physical abuse, sexual abuse and abandonment by specific actions by parents towards their children. This proposal will enable both the state and the judges to properly identify victims with gender identity disorder of emotional abuse and provide for their protection.     

HOFSTRA'S FAMILY LAW WITH SKILLS COURSE: IMPLEMENTING FLER (THE FAMILY LAW EDUCATION REFORM PROJECT)

The Family Law Education Reform Project (FLER) Final Report documented that the current doctrinally oriented family law curriculum at most law schools does not adequately prepare students for modern family law practice. FLER recommended that law school courses move from the study of cases to the study of the legal system's effect on families, and integrate the study of alternative dispute resolution and interdisciplinary knowledge. In response, Hofstra Law School has made a comprehensive attempt to implement FLER's curricular recommendations. This article discusses one major innovation – the Family Law with Skills course. Family Law with Skills is the basic course in Hofstra's revised curriculum and is designed to integrate doctrinal teaching with professional skills development. In addition to studying legal doctrine, students are required to engage in structured field observation of family court proceedings; interviewing, counseling, negotiation, and mediation representation exercises in a divorce dispute; direct and cross examination of a social worker in a child protection dispute; and drafting of a surrogacy agreement. The article describes each exercise and discusses its rationale, student reaction to the course, and lessons learned.     

The Unfairness of Risk-Based Possession Offences

This is a study of possession offences, with the focus on those intended to penalise the risk of a serious harm. Offences of this kind are examined in the light of basic doctrines of the criminal law, and in the light of the proper limits of endangerment offences. They are found wanting in both respects, and are also found to pose particular sentencing problems. The conclusion is that many risk-based possession offences are unfair, save those that require proof of a further intent or those aimed at a failure properly to safeguard a dangerous object.     

The Legal Basis for Using Principles in WTO Disputes

This article argues that the use of principles in WTO disputeresolution is both necessary and desirable. However, Panelsand the Appellate Body (WTO Tribunals) have often ignored principlesor not clearly identified the legal basis for their use. Thisarticle establishes a framework for the use of principles (inparticular principles of WTO law, principles of customary internationallaw, and general principles of law) in WTO dispute settlement.Broadly, WTO Tribunals can use principles drawn from these categoriesto interpret WTO provisions, based on Article 3.2 of the DSU,and Articles 31 and 32 of the VCLT. This follows most directlyfrom a teleological approach to interpretation, but principlesalso feature under subjective and textual approaches to interpretation.WTO Tribunals may also use certain principles in a non-interpretativemanner. Indeed, this may be necessary, particularly to addressprocedural issues. Precisely how a principle may be used dependson its type, content and status.     

The Concentration and Stability of Gun Violence at Micro Places in Boston, 1980–2008

Boston, like many other major U.S. cities, experienced an epidemic of gun violence during the late 1980s and early 1990s that was followed by a sudden large downturn in gun violence in the mid 1990s. The gun violence drop continued until the early part of the new millennium. Recent advances in criminological research suggest that there is significant clustering of crime in micro places, or “hot spots,” that generate a disproportionate amount of criminal events in a city. In this paper, we use growth curve regression models to uncover distinctive developmental trends in gun assault incidents at street segments and intersections in Boston over a 29-year period. We find that Boston gun violence is intensely concentrated at a small number of street segments and intersections rather than spread evenly across the urban landscape between 1980 and 2008. Gun violence trends at these high-activity micro places follow two general trajectories: stable concentrations of gun assaults incidents over time and volatile concentrations of gun assault incidents over time. Micro places with volatile trajectories represent less than 3% of street segments and intersections, generate more than half of all gun violence incidents, and seem to be the primary drivers of overall gun violence trends in Boston. Our findings suggest that the urban gun violence epidemic, and sudden downturn in urban gun violence in the late 1990s, may be best understood by examining highly volatile micro-level trends at a relatively small number of places in urban environments.     

Human trafficking in the Philippines: the need for an effective anti-corruption program

An estimated three million Filipinos are at high-risk of being trafficked at any given time, representing 3.1% of the total Philippine population. The paper illustrates that corruption is a central issue in facilitating and continuing human trafficking in the Philippines. It demonstrates that if human trafficking is to be significantly reduced, then corruption must be curbed. The paper consists of three main sections. The first section is an overview of the trafficking problem in the Philippines. It discusses the scope of the problem such as the recruiters and traffickers, tactics used by the recruiters, and current transport routes and methods. The second section discusses current tactics being implemented by the government, non-government organizations (NGOs), and the international community to restrict human trafficking in the Philippines. It also illustrates that government corruption prevents the current tactics from being implemented well and in order to combat government corruption one must begin at the municipal level. The third section presents the inner workings of government and corruption at the municipal level, shows how the corruption reduces economic opportunities and legal equality for the citizenry, and how the loss of those opportunities and equality encourages migration from home municipalities—thereby encouraging human trafficking.