Guardianship for your own good: Improving the well-being of respondents and wards in the USA

Adult guardianship is a coercive exercise of the state's power over an innocent individual, justified only by: 1) the ward's incapacity; and 2) the need to protect the ward's well-being. The raison d'être of guardianship is to improve the well-being of the incapacitated ward. Studies of actual guardianship proceedings have long indicated serious ongoing concerns with the process. Repeated revisions of statutes have attempted to improve guardianship procedures, with some success. However, relatively little attention has been paid to the actual effect of guardianship on the well-being of respondents and wards, when the system functions as intended. The presumption that guardianship, when not abused, is in the best interests of an incapacitated adult is called into serious question by empirical research into the role of internal locus of control and autonomy on human well-being. Indeed, a wide range of data indicates that guardianship itself can have significant negative effects on the physical and mental well-being of respondents and wards. The guardianship system must be reformed to maximize the therapeutic effects of guardianship and to minimize the unnecessarily anti-therapeutic effects. I examine the effects of guardianship from a therapeutic jurisprudence perspective and propose and analyze modifications that could enhance the therapeutic effects of guardianship.     

The intersection of genes and neuropsychological deficits in the prediction of adolescent delinquency and low self-control

Gottfredson and Hirschi's A General Theory of Crime, Moffitt's developmental taxonomy theory, and Caspi et al.'s Gene x Environment study are three of the most influential pieces of contemporary criminological scholarship. Even so, there has been little attempt to integrate and empirically assess these three perspectives simultaneously. This article addresses this gap in the literature by analyzing phenotypic and genotypic data from the National Longitudinal Study of Adolescent Health (Add Health). The results revealed that all three perspectives have considerable empirical support, where neuropsychological deficits interact with the MAOA genotype to predict adolescent delinquency and levels of self-control for White males. The theoretical implications of the findings are noted.     

Convergence or path dependency in policies to foster the creation of university spin-off firms? A comparison of France and the United Kingdom

This paper examines attempts by French and UK governments to fill the gap between the US and Europe with respect to the creation of academic spin-offs. Analysis of the contrasting cases of the UK and France, shows that there is no convergence of national policies to foster the creation of firms by academics. Rather, the two countries demonstrate different rationales and approaches to policy in this area. In UK, the rationale for spin-off policy is mainly to develop a third stream of financing. Spin-offs are a part of a policy to commercialize technology and knowledge created by universities. Policy is at the university level, leading to the creation of diverse structures. Public schemes bring public money directly to universities. In France, the rationale for policy towards the creation of new ventures by academics is the development of high technology new ventures as part of a technological entrepreneurship policy. The notion of a third stream of financing for universities is an argument that is never advanced. The UK has placed the universities at the heart of policies aimed at the creation of spin-offs, this is not the case in France.     

In-Group Love Versus Out-Group Hate: Which Is More Important to Partisans and When?

Political Behavior - Recent evidence indicates that partisans discriminate against those from the opposing party. However, it is still unclear whether partisan out-group prejudice reveals a desire...     

Comparing ethics education in medicine and law: combining the best of both worlds

This article compares various models of ethics education and how these models are employed by both medical schools and law schools. The authors suggest ways in which each profession can enhance their ethical teaching and argue that ethics education in both medicine and law should combine the best elements of each education model, thereby producing graduates who are more knowledgeable and appreciative of ethical issues in practice.     

A validation study for duct tape end matches

Fracture matches are considered to be the strongest association achievable in forensic examinations of glass, metal, wood, plastic, paint, tape, and other trace evidence. Despite being fairly routine examinations, few publications exist to support their admissibility in court. This study was designed, using duct tape as the fractured medium, to determine the validity and error rate associated with conducting end match (fracture match) examinations on this material. Five test designs, which varied either the source roll of tape or manner of separation (torn or cut) from the roll, were administered to four analysts with instructions to examine the assigned test sets for end matches. If an end match was not identified by the initial analyst, the entire test set was independently evaluated by the remaining three analysts. Results indicated that while tape grade did not hinder end match identification, the manner of separation could affect results.     

Immunohistochemical staining as a potential method for the identification of vaginal epithelial cells in forensic casework

There is currently no accurate method to identify vaginal epithelial cells uniquely. This study aimed to use a cell extraction procedure compatible with routine forensic sampling methods, and to investigate the expression of cytokeratin (CK), estrogen receptor-alpha (ERalpha), and phosphodiesterase 5 (PDE5) in order to distinguish between skin, buccal, vaginal, and external penile epithelial cells. Seminal fluid samples were also examined. Epithelial cell samples were fixed in formalin, embedded in agarose, and processed using histological methods. Antigen-antibody reactions were detected using the DAKO Envision+ detection system. CK was present in all cells from all five sources confirming the origin of cells as epithelial. Both ERalpha and PDE5 positively labeled vaginal, buccal, and skin epithelial cells. Although an antigen unique to vaginal epithelial cells was not identified, we have described a cell extraction procedure for use in the immunohistochemical detection of a wide range of antigens, an approach compatible with forensic diagnostics.     

Decision-Making About Volitional Impairment in Sexually Violent Predators

The Kansas v. Hendricks (1997) decision, in which the Supreme Court authorized post-sentence civil commitment for certain sex offenders, appeared to be constitutionally legitimized by limiting the class of offenders eligible for this special form of civil commitment to those who are "unable to control" their dangerousness. Nowhere in the available record, however, did the Court elucidate what they meant by this notion of volitional impairment. This study sought to examine factors that legal professionals (n=43), psychologists (n=40), and mock jurors (n=76) deem most relevant to a determination of sex offender volitional impairment. Participants, who were randomly assigned to a sexual predator commitment or an insanity hearing context, read a series of 16 vignettes that described a pedophilic offender and included combinations of variables hypothesized to be related to judgments of volitional impairment. Results suggested that participants, who as a group made remarkably high estimates of likelihood of future sexual violence, considered verbalization of control, history of sexual violence, and the context of the hearing as highly relevant to determinations of volitional impairment. Implications for policy and practice are explored.