Use of Perchlorate as a Tracer to Allocate Liability

There are few published reports of allocation methodologies for contamination at complex sites not associated with the traditional Superfund landfill scenario (i.e., based on waste in records). Allocation can be especially difficult when the contamination is derived from neighboring facilities. Such was the situation in a lawsuit brought by Solvent Chemical (Solvent) in the United States District Court for the Western District of New York (New York v. Solvent Chem. Co., Inc., 685 F. Supp. 2d 357 (W.D.N.Y)). Solvent had filed a cost-recovery and contribution claim against Olin and DuPont, neighboring industrial facilities, to recover costs associated with groundwater and soil remediation. Solvent alleged that the contamination found in groundwater recovery wells on the Solvent site was predominately due to releases from the former adjacent Dupont chlorinated solvent production facility and from Olin's neighboring former chlorinated benzene production facility. However, complicating matters for Solvent was the former production of chlorinated benzenes at their site. Solvent needed a method of determining the source sites for chlorinated benzenes detected in remediation wells other than concentration since multiple facilities could have been the source. Among the methods employed by Solvent to differentiate the source-site allocation was the fact that perchlorate was indirectly generated at Olin's hypochlorite plant but not at the Solvent site. Therefore, the presence of perchlorate could be used as a tracer of contaminant transport from the Olin operations. The judge's ruling found that Solvent's use of perchlorate as a tracer was compelling evidence regarding the source of chlorinated benzenes and agreed to Solvent's suggested allocation.     

Maintaining change programmes for offenders: some suggestions for practice

Abstract

Despite the widespread acceptance that follow-up or maintenance sessions are an important part of the change process for those who have completed offender rehabilitation programmes, there have been few attempts to articulate the basis upon which such sessions might be developed. This paper reviews the current theoretical and empirical literature relating to maintenance programmes, concluding that whilst there are a number of theories which might be relevant to the design of effective maintenance programmes, there is almost no empirical basis from which to make any assessment of their likely value or effectiveness.     

Comparison of methods for visualizing blood on dark surfaces

Difficulties can arise when screening dark casework items for blood, a poor contrast between blood and the background can mean stains are not always evident. Typical indirect searching methods can be time consuming and may result in potentially important bloodstains being missed. Luminol, fluorescein, hydrogen peroxide, ultraviolet light and infrared photography were tested in an effort to find a rapid and efficient blood search tool for direct application to dark surfaces. Methods were compared in their sensitivity, specificity, ability to work on various surface types and their effect on DNA extraction and typing. Along with experimental results, the ease of use, costs and the health and safety considerations were also compared. Hydrogen peroxide was determined to be the most effective method. However, where blood was likely to be dilute, luminol was proposed due its greater sensitivity.     

Sentencing in child sexual assault cases: factors influencing judicial decision-making

Abstract

To date, there has been limited examination of variables that influence sentencing in child sexual abuse cases. This study examines the extent to which offence characteristics (such as the number of offences, number and age of victims), the behaviour and perceived credibility of the victim impact upon both sentence length and the setting of earliest parole dates. Analyses conducted using data from 66 adjudicated cases of child sexual assault from the County Court of Victoria, Australia revealed that longer sentences were handed down to offenders who had perpetrated multiple offences, or who had committed offences against younger children. Lower levels of victim credibility were associated with shorter sentences and earlier parole dates for offenders, which were also associated with the presence of more harmful behavioural indicators of abuse. The findings are discussed regarding the importance of presenting evidence about the behaviour of victims following sexual abuse in criminal trials.     

Democratic Incongruities: Representative Democracy in Britain

This essay discusses the rationale guiding legislation dealing exclusively with political parties. The analysis is based on examination of party laws in Austria, Finland, Germany, Israel, Poland, Spain and Venezuela. The manner by which a particular legislature applies the general features of party law‐ legislation (general declaration regarding the role of parties in democracies, definition of parties, registration requirements, the democratic character of association in parties, regulation of party finance, legal sanctions) is demonstrated in reference to the Israeli party law, the most recent case of an established democracy whose legislature passed a parties law in 1992.

Throughout the analysis, the study addresses a question of principle: should a legislature comprised of representatives of political parties undertake to legislate laws regulating the activities of political parties in a democratic parliamentary system? It is suggested that a partial response to this question is found in the fact that, with the exception of Finland and Israel, democratic polities that have chosen to legislate party laws had previously experienced a collapse of their democratic systems. In the process of reforming their democratic structures, the legislatures in these polities enacted parties laws that would ensure that political parties perform functions commensurate With the goals and practices of modern democracies.     

THE IMPACT OF LEGISLATIVE CHANGE ON ADJUDICATION PROVISIONS AND THE REQUIREMENT FOR WRITTEN CONTRACTS UNDER THE NEW CONSTRUCTION ACT

The deletion of Section 107 of Part II of the Housing, Grants and Construction Act 1996 will have a profound effect on the requirements for contracts in writing under the adjudication provisions of the new Construction Act 2009. This paper presents a reflection on the legal provisions and case law concerning the requirement for contracts in writing under the provision of the 1996 Act, against the backdrop of new rules encompassing oral and partly-oral agreements between parties. While the new provisions are unlikely to have an impact in cases where there are formal contracts which incorporate adjudication clauses, the changes are more likely to have an impact where there letters of intent are involved and where contracts in writing are based on standard terms and conditions supplemented by oral agreements. While the legislative changes may not have an impact on the role of the Adjudicator, it may affect their modus operandi, requiring more efforts to ascertain the precise intentions of the parties under dispute.     

Neighborhood change and the city of New York's ten‐year housing plan

Abstract

This article examines neighborhood changes associated with New York City's Ten‐Year Plan—the largest municipal housing program in the United States. We examine indicators of change, in the context of two possible hypotheses about the program's impact: (1) neighborhood revitalization, including improved physical and housing market conditions, as well as gentrification, and (2) the concentration of poor and welfare‐dependent households, as well as the possibility of residential segregation by race or ethnicity.

Our results present a mixed picture, with some evidence favoring both hypotheses, especially when parts of the city, particularly the South Bronx, are examined separately. Specifically, the program is associated with steep declines in the rate of boarded‐up buildings and some indications of increased home values, as well as rent burdens. However, it is also correlated with increases in maintenance deficiencies and a greater proportion of poor, single‐parent, and welfare‐dependent households, but there is little evidence of accentuated residential segregation.     

More Than Meets the Market? Landlord Agency in the Illinois Housing Choice Voucher Program

The federal Housing Choice Voucher Program currently serves as one of the nation's predominant strategies for providing affordable rental housing for low-income households. The program is designed around two goals: first, to uphold the U.S. Department of Housing and Urban Development's mission to provide safe, decent, and affordable housing; and second, to facilitate household residential location choices, with the idea that such choices can leverage other types of nonhousing opportunities for assisted households. While scholarly research has described a range of positive and negative household outcomes associated with the voucher subsidy, less is known about how those outcomes are produced on the ground. This research describes findings from 72 in-depth interviews with Illinois landlords and other voucher program stakeholders regarding their experiences with the program, with the goal of linking landlord practices to tenant outcomes. Findings of this research underscore the substantial influence that landlords have on assisted-household residential location choice and tenure, and show the potential for voucher program design to more actively engage with landlords as providers of supports that extend beyond the housing unit.