At the Court of the Strange God

This article revisits the decision of the Australian High Court in Mabo (No. 2)for the purpose of determining what, in the legal thought displayed in the judgments, makes the category of sovereignty exclusive of the sovereignty of aboriginal peoples. Having regard to the téchnē of legal thought, it locates this exclusion in the substitution of nation for property relations of class, sex and race and, more specifically to sovereignty as a category of a still colonial law, in denial of the partiality of the standpoint of legal thought. This article proposes the need in Australia to attend to, thoughtfully, a fantastic and reconciliatory moment in the idea of sovereignty. This revised version was published online in July 2006 with corrections to the Cover Date.     

Men’s Partner-Directed Insults and Sexual Coercion in Intimate Relationships

Women who have been sexually coerced by an intimate partner experience many negative health consequences. Recent research has focused on predicting this sexual coercion. In two studies, we investigated the relationship between men’s use of partner-directed insults and sexually coercive behaviors in the context of intimate relationships. Study 1 secured self-reports from 247 men on the Partner-Directed Insults Scale and the Sexual Coercion in Intimate Relationships Scale. Study 2 obtained partner-reports from 378 women on the same measures. Across both studies, results indicate that men’s use of sexually coercive behaviors can be statistically predicted by the frequency and content of the insults that men direct at their intimate partner. Insults derogating a partner’s value as a person and accusing a partner of sexual infidelity were most useful in predicting sexual coercion. The discussion notes limitations of the current research and highlights directions for future research.     

Evaluation of Degradation in DNA from Males with a Quantitative Gender Typing,Endpoint PCR Multiplex

Evidentiary samples submitted to a forensic DNA laboratory occasionally yield DNA that is degraded. Samples of intact chromosomal DNA (both nuclear and mitochondrial) were subjected to a heating protocol to induce DNA degradation. The DNAs were then analyzed using a multiplex PCR assay that amplifies targets of low and high molecular weight on the X/Y and mitochondrial chromosomes. If degradation is random, the amplification of larger DNA targets should be more adversely affected by degradation than smaller targets. In nuclear and mitochondrial DNA from a male donor, exhibiting degradation, DNA quantity estimates based upon higher molecular weight amplicons (HMW) are significantly lower than estimates made using low molecular weight (LMW) Q‐TAT amplicons. DNA degradation estimated using this approach correlated well with actual fluorescence associated with HMW and LMW STR alleles amplified from the same genomic DNA templates. Q‐TAT is thus useful not only as a quantitation tool, but also as an indicator of template degradation.     

Can computed tomography replace or supplement autopsy?

Postmortem computed tomography (PMCT) has been integrated into the practice of many forensic pathologists. To evaluate the utility of PMCT in supplementing and/or supplanting medicolegal autopsy, we conducted a prospective double-blind comparison of abnormal findings reported by the autopsy pathologist with those reported by a radiologist reviewing the PMCT. We reviewed 890 cases: 167 with blunt force injury (BFI), 63 with pediatric trauma (under 5 years), 203 firearm injuries, and 457 drug poisoning deaths. Autopsy and radiology reports were coded using the Abbreviated Injury Scale and abnormal findings and cause of death (COD) were compared for congruence in consensus conferences with novel pathologists and radiologists. Overall sensitivity for recognizing abnormal findings was 71% for PMCT and 74.6% for autopsy. Sensitivities for PMCT/autopsy were 74%/73.1% for BFI, 61.5%/71.4% for pediatric trauma, 84.9%/83.7% for firearm injuries, and 56.5%/66.4% for drug poisoning deaths. COD assigned by reviewing PMCT/autopsy was correct in 88%/95.8% of BFI cases, 99%/99.5% of firearm fatalities, 82.5%/98.5% of pediatric trauma deaths, and 84%/100% of drug poisoning deaths of individuals younger than 50. Both autopsy and PMCT were imperfect in recognizing injuries. However, both methods identified the most important findings and are sufficient to establish COD in cases of BFI, pediatric trauma, firearm injuries and drug poisoning in individuals younger than 50. Ideally, all forensic pathologists would have access to a CT scanner and a consulting radiologist. This would allow a flexible approach that meets the diagnostic needs of each case and best serves decedents' families and other stakeholders.     

The Tasks of Democratic Transition and Transferability

There is no single road to democracy. However, there are some factors that seem to have consistently positive effects on democratic development. These include the existence of a large and diverse civil society; a sharp political break with the authoritarian past, followed by regular turnovers in political leadership and governing parties; stable state borders; and political institutions which empower parliaments and, in culturally diverse societies, give minorities political voice without locking them into permanent coalitions that block collaboration across group divides in pursuit of common goals. Less important are economic considerations—though economic reforms are far more likely in democratic settings than in authoritarian regimes and far more supportive over the medium- and long-term of robust economic performance.     

Law and the media

I would like to thank Margaret Andersen, Dan Slater, and Ron Roesch for their helpful comments on an earlier version of this essay.