Historical Entitlement and the Practice of Bequest: Is There a Moral Right of Bequest?

Entitlement theorists claim that bequest is a moral right. The aim of this essay is to determine whether entitlement theorists can, on their own grounds, consistently defend that claim. I argue that even if there is a moral right to self-appropriated property and to engage in inter vivos transfers, it is a mistake to contend that there exists an equivalent moral right to make a bequest. Taxing or regulating bequest does not violate an individual’s moral rights because, regardless of whether bequest safeguards certain interests, those interests are not the interests of a living, morally inviolable being. Instead, they are the interests of a deceased entity that has lost the ability to track what it values and pursue projects in accord with those values – a quality that by entitlement theorists’ own arguments renders persons morally significant and deserving of rights in the first place.     

The CBC: Canadian? Regional? Popular? An examination of program objectives for English television

Abstract. Throughout its thirty-eight-year history, the cbc has been subject to almost constant controversy, The 1968 Broadcasting Act attempted to define more clearly the role of the Corporation within the broadcasting system by laying down certain broad objectives, but controversy continues, most recently at the crtc public hearings on the applications by the Corporation for renewal of its radio and television network licenses. This paper attempts to clarify five of the most controversial of the objectives: to define certain variables in terms of which the objectives can be quantified and cbc scores calculated; to establish target ranges within which the cbc's degree of success in achieving its objectives can be measured, both historically and at present; to construct a ‘grid’ whereby cbc probable audiences and program costs can be predicted; and to outline at least one possible strategy for the cbc to pursue in the future. the better to achieve its objectives given probable financial constraints. The paper deals primarily with the English television network, which came in for the bulk of the criticism at the crtc hearings, but could be extended to French television and, more difficult, to cbc radio. Sommaire. Durant les 38 années de son existence, Radio-Canada a fait l'objet de controverses presque constantes. La loi sur la radiodiffusion de 1968 a essayé de définir plus clairement le rôle de la Société dans le cadre du système de radiodiffusion en fixant certains objectifs généraux. Néanmoins, la controverse continue et Ie dernier cas s'est présenté aux audiences publiques du crtc au sujet des demandes de la Société pour le renouvellement des permis de son réseau de radio et de télévision. L'auteur de cette communication essaie d'éclaircir cinq des objectifs les plus controversés; de définir certaines variables par rapport auxquelles les objectifs peuvent êre quantifiés et les performances de Radio-Canada évaluées; d'établir les critères selon lesquels le degré de succès de Radio-Canada dans la réalisation de ses objectifs puisse êre mesuré, à la fois historiquement et à l'heure actuelle; d'élaborer une « grille « permettant d'estimer les auditoires probables et les coûts des programmes de Radio-Canada et d'exposer au moins une stratégie possible que la Société pourrait adopter à l'avenir et qui favoriserait la réalisation de ses objectifs, compte tenu des restrictions financières probables. Cet exposé porte surtout sur le réseau de télévision anglophone qui a été le plus critiqué aux audiences du crtc, mais il pourrait s'appliquer à la télévision francophone et avec plus de difficulté, A la radio.     

Disentangling the Disability Quagmire in Psychological Injury and Law

This paper aims to critically analyze the evolution of six models of conceptualization, determination, and prediction of occupational disability relevant in the medico-legal context of psychological injury. The six models are the (a) biomedical, (b) forensic, (c) psychosocial, (d) ecological, (e) economic, and (f) biopsychosocial. We will discuss the key commonalities and differences among the models, including disciplinary tradition, research paradigm, recognition of person–environment interaction, key tenets, and implications for practice and research in psychological injury. The paper will highlight and discuss psychosocial issues, often underemphasized in forensic psychological practice, including: (a) balanced assessment of primary, secondary, and tertiary gains and losses, (b) self-perception, (c) disability identity, (d) beliefs and expectations, (e) coping, (f) adaptation and positive growth, (g) social stigma and social reactions to disability, including disability harassment, and (h) recognition of system-based environmental influences and demands. We will provide a special focus on the current state of the science and practice of prediction of disability, of particular interest to researchers and clinicians involved in clinical and occupational prognostication in psychological injuries. Finally, we will draw conclusions and recommendations for future research and best practices in the psychological injury area using a cross-diagnostic, dynamic, functionally based, and integrated biopsychosocial and forensic model of disability.     

The Military Commissions Act's Inconsistency with the Geneva Conventions: An Overview

The Military Commissions Act codifies a wide range of provisionsthat are inconsistent with binding international humanitarianlaw standards. In spite of the Act's title, these inconsistenciesgo well beyond the rules and procedures governing the trailof terrorist suspects before military commissions. In additionto violating fundamental fair trial guarantees defined in internationalhumanitarian law, the Act misapplies the Geneva Conventionsby adopting a ‘one size fits all’ approach to thecharacterization of all counter-terrorist operations, providesfor an overly broad definition of unlawful combatant statusthat effectively deprives terror suspects of applicable lawof war protections, repudiates longstanding ‘elementaryconsiderations of humanity’ contained in common Article3 and entrenches a detention regime that does not comport withthe terms of the Geneva Conventions. These departures from internationalhumanitarian law are reinforced by provisions of the Act thatpurport to insulate US government personnel and their agentsfrom contrary interpretation and judicial scrutiny. The Actis thus best described as a series of breaches rather than developmentsof international humanitarian law, and as such, signals a starkdeparture from the US's historical commitment to the laws ofwar.     

A multilevel analysis of the effect of cocaine price on cocaine use among arrestees

Using data drawn from the Arrestee Drug Abuse Monitoring Program, from the Drug Enforcement Administration's System to Retrieve Information from Drug Evidence, and from the 1990 Census, this study examined whether an arrestee's probability of testing positive for cocaine use varied across aggregate levels of cocaine price. Results from a Hierarchical Generalized Linear Modeling analysis revealed that in cities where the price of cocaine was relatively high, arrestees had a lower probability of testing positive for cocaine use. Specifically, a 10 percent increase in the price of cocaine was associated with a 3 percent decrease in the odds that an arrestee would test positive for cocaine use. Findings also showed that individuals arrested for income-generating crimes did not have a higher probability of testing positive for cocaine when the price of cocaine was relatively high. Thus, it appeared that higher cocaine prices were not inducing users to amplify their criminal activity in order to finance a more costly drug addiction. Finally, results failed to furnish support for the hypothesis that individuals substituted opiates or marijuana when cocaine became more expensive.     

Age related changes in the human plastron: a roentgenographic and morphologic study

Characteristic changes that can be demonstrated on roentgenograms occur with increasing age in the plastron (chest plate) of humans. These alterations include progressive ossification in the costal cartilages (located characteristically in the sternal rib end, centrichondrally, and peristernally--often with sex and age distinctive patterns), maturation of the newly formed bone with trabeculation formation, loss of the smooth contour of the costo-manubrial junction, cupping of rib ends, osteoporotic changes, and arthritic changes in the sternal head of the clavicles. The sequence of development of these alterations has been examined by X-ray of 1965 cadavers of 15 years of age or over and correlated with the gross bone and cartilage morphology changes in many cases. This technique allows for age determination within 5 years of real age in 55% of cadavers and within 25% of real age in 95% of all cadavers. The greatest departures from real age are in the over-60-year groups. The same roentgenograms can allow for correct sex prediction in 99% of the population.     

Effectiveness of Risk-Needs-Responsivity-Based Family Violence Programs with Male Offenders

The following presents the outcome of an evaluation of family violence prevention programs for male offenders. The moderate and high intensity programs were designed and implemented to conform to the Risk-Needs-Responsivity (RNR) principles. Results showed that program participation significantly reduced attitudes that supported violence against women and improved pro-social skills related to non-abusive relationships; treatment effects were moderate to high. Parole officer feedback generally reported positive changes in behavior and attitude associated with treatment. A post-release follow-up indicated that program completion significantly reduced spousal violence and general violent recidivism. Program participation did not, however, have a significant impact on non-violent crime. Results indicate that domestic violence programs respecting the RNR principles may be effective in reducing partner violence.