From ‘Doctor Knows Best’ to Dignity: Placing Adults Who Lack Capacity at the Centre of Decisions About Their Medical Treatment

In 1989, the House of Lords first derived a ‘best interests’ test for the medical treatment of adults who lack capacity from the doctrine of necessity and, now codified, the test continues to apply today. The Mental Capacity Act 2005 sets out a non‐exhaustive checklist of relevant considerations, but it gives no particular priority to the patient's wishes. There is also no formal expectation that the patient will participate directly in any court proceedings in which her best interests are to be determined. This article will consider the advantages and disadvantages of providing additional guidance to decision‐makers in order to help them navigate both taking seriously the wishes of people who lack capacity and, at the same time, not abandoning patients who need help and support. More specifically, this article advocates formalising current best practice in the Court of Protection through the introduction of a series of rebuttable presumptions, or starting points.     

A Legacy of Harm: Punitive Drug Policies and Women’s Carceral Experiences in Canada

There is limited research on the gendered impacts of drug policies in Canada, despite the fact that women, Indigenous women in particular, are the country’s fastest growing prisoner population, with many incarcerated for drug-related crimes. This article highlights the results of a larger qualitative study with former prisoners in Ontario and community and medical experts from across the country. Focusing on the women research participants, we consider the lack of adequate and culturally-relevant substance use and harm reduction programming in federal prisons, and suggest a reformulation of Canada’s punitive drug policies toward a health and social welfare approach.     

Total and Marginal Cost Analysis for a High School Based Bystander Intervention

Costs of providing the Green Dot bystander-based intervention, shown to be effective in the reduction of sexual violence among Kentucky high school students, were estimated based on data from a large cluster-randomized clinical trial. Rape Crisis Center Educators were trained to provide Green Dot curriculum to students. Implementing Green Dot in schools (N = 13) randomized to the intervention, over five years, cost $1.6 M and included start-up ($58 K) and ongoing implementation ($1.55 M). Costs for adding a school ($25,510) were calculated based on the final year, where no start-up costs were incurred. Knowing the $25,510 cost estimate for adding Green Dot may be particularly useful for high school administrators or school boards when they were making economic decisions based on strong evidence of program effectiveness to reduce violence.     

The Valuation of Ecosystem Services in International Investment Arbitration

Abstract

Ecosystem services are essential to human life, inextricably woven into the foundations of our civilizations and economies. This article lays the theoretical foundation for the incorporation of ecosystem services valuation into international arbitration, applying the scientific and economic scholarship in this area to legal dispute resolution. Traditional international investment law and modern legal scholarship fail to address either the value ecosystem services bring to landowners or the repercussions of investor activity on their fragile health and vitality. The evolution of international dispute resolution and growing threats to the natural environment urge the development of a new perspective that closes these gaps. Investor-state dispute settlement is a flexible enforcement framework used by thousands of international investment agreements. It provides an ideal forum for inaugurating the internalization of the positive externalities generated by these precious resources. Recognizing the economic and environmental importance of these services and their impact on legal relationships, this article unfolds a legal basis for incorporating the valuation of ecosystem services into damages calculations in international investment arbitration awards.     

Public Diplomacy,Smith-Mundt and the American Public

The U.S. Information and Educational Exchange Act of 1948, also known as the Smith-Mundt Act, is a mostly unknown and widely misunderstood piece of legislation. Revised multiple times, the law bans domestic dissemination of Voice of America and other U.S. international broadcast content in the United States. Presenting government-supported international broadcasting as an example of public diplomacy, this article discusses the long-term misrepresentation of Smith-Mundt's original intent and highlights the consequences of the continuing ban. The article considers prospects for ending the ban and emphasizes potential opportunities presented by its elimination, concluding that ending the ban might eliminate incongruity between American foreign policy goals of democracy promotion and the reality of banned domestic content. Repeal of the ban may also result in unexpected remedies for challenges facing the American media industry and the American public's desire for international news.

The United States government may be the largest broadcaster that few Americans know about. Although its networks reach 100 countries in 59 languages, they are banned from distribution in the United States by a 1948 law devised to prevent the government from turning its propaganda machine on its own citizens. ^{1 1}Mark Landler, A New Voice of America for the Age of Twitter, N.Y. Times, June 7, 2011 at 9. The broadcasters comprising the U.S. international broadcasting operation are the Voice of America (VOA), Alhurra, Radio Sawa, Radio Free Europe/Radio Liberty, Radio Free Asia, and Radio and TV Marti. The Broadcasting Board of Governors (BBG) is “a bipartisan agency … that acts as a ‘firewall’ between the U.S. government and international broadcasting entities it funds.” Kim Andrew Elliott, America Calling: A 21st-Century Model, Foreign Service J., Oct. 2010, at 31. When Smith-Mundt was passed in 1948, USIB authority fell under the Department of State. Later, Congress created the United States Information Agency (USIA) to facilitate American public diplomacy operations. After the end of the cold war, Congress dismantled USIA and returned responsibility for American public diplomacy efforts to the Department of State. For an excellent history of the rise and fall of the USIA, see Nicholas J. Cull, The Cold War and the United States Information Agency: American Propaganda and Public Diplomacy 1945–1989 (2008).      

Immigrants,their children,and theories of assimilation: Family structure in the United States, 1880–1970

This research employs United States census data from 1880 to 1970 to assess the influence of ethnicity and generation on the family structure of Mexican, Irish, Swedish, Italian, Polish, and native white children. Using evidence for three generations, it tests two theories, linear assimilation and segmented assimilation. Assimilation theory makes no special claims for ethnic effects, but segmented assimilation proposes that ethnicity influences the incorporation of immigrant-origin children into American society. We find few consistent ethnic effects on the probability of family type. Our principal finding is that migration itself, common to all groups, has similar consequences for all; these are revealed in generational changes in family structure. The historical periods of open immigration do differ from the contemporary period, which implies that immigration policy affects family structure. The results disconfirm segmented assimilation theory's emphasis on ethnicity in family structure, and confirm aspects of linear assimilation theory. They point to the salience of structural factors resulting from the migration process and policy, rather than ethnicity, in the evolution of family form among immigrant-origin persons.     

The Use of Rental Housing Assistance by Immigrants in the United States and New York City

Abstract

The large influx of immigrants to the United States and New York City from poorer countries has sparked considerable debate as to whether immigrants are becoming a “public charge” to American society. Most arguments have centered around immigrants’ use of cash assistance programs. This article compares immigrants’ receipt of rental housing assistance with that of native‐born Americans.

Bivariate analyses reveal that immigrants, as a group, are no more likely than native‐born households to use any form of rental housing assistance. Indeed, in most instances immigrants are less likely than native‐born households to receive assistance, with two exceptions: immigrants who have been in the United States since 1970 and immigrants from the former Soviet Union in New York City. Multivariate analyses reveal similar results, except that immigrants who have been in the United States since 1970 are no more likely than other immigrants to receive housing assistance when we control for other factors.     

A Turn Toward Avoidance? Selective Exposure to Online Political Information, 2004–2008

Scholars warn that avoidance of attitude-discrepant political information is becoming increasingly common due in part to an ideologically fragmented online news environment that allows individuals to systematically eschew contact with ideas that differ from their own. Data collected over a series of national RDD surveys conducted between 2004 and 2008 challenge this assertion, demonstrating that Americans’ use of attitude-consistent political sources is positively correlated with use of more attitudinally challenging sources. This pattern holds over time and across different types of online outlets, and applies even among those most strongly committed to their political ideology, although the relationship is weaker for this group. Implications for these findings are discussed.     

Is sextremism the new feminism? Perspectives from Pussy Riot and Femen

As Pussy Riot has changed the face of political protest in Russia, to the south, Ukraine has seen the emergence of Femen, famous for their topless protests against everything from sex tourism and trafficking to hot water shut-offs in Kyiv to sexism in the Ukrainian government to Putin's visits to Ukraine. Their concurrent appearance in the post-Soviet sphere encourages a discussion around the mobilization of sexuality as protest in the region. Both groups appropriate sexual language and imagery as well as physical sexuality in protest of their current regimes. This article engages the question of similarities between the two groups’ efforts and considers what differences structure their political goals and philosophies. What potential does the global visibility of these groups have to influence an emerging women's movement, and, more generally, how can sexuality be harnessed as a unifying force in anti-government activism in post-socialist Russia and Ukraine?