A Normative Approach to the Quistclose Trust

This is the first article to undertake a sustained analysis of normative justifications for the Quistclose trust. Whilst much of the existing writing on this topic has focused on the better classification of such trusts – for instance, whether they are express, resulting, constructive or sui generis – this article asks why the law should recognise a trust in addition to any underlying legal relationship. Four key justifications are addressed, based on respecting party intention, unconscionability, fairness, and the incentivisation of desirable transactions. It will be argued that: (i) there are difficulties with each of these justifications, although an intention‐focused explanation is probably the most convincing; and (ii) the existing law and commentary lacks coherence and consistency, as seen in the mismatch between normative and doctrinal analysis, and the failure to properly address the ramifications of the Quistclose trust during insolvency.     

Gender Harassment: Broadening Our Understanding of Sex-Based Harassment at Work

This study challenges the common legal and organizational practice of privileging sexual advance forms of sex-based harassment, while neglecting gender harassment. Survey data came from women working in two male-dominated contexts: the military and the legal profession. Their responses to the Sexual Experiences Questionnaire (SEQ) revealed five typical profiles of harassment: low victimization, gender harassment, gender harassment with unwanted sexual attention, moderate victimization, and high victimization. The vast majority of harassment victims fell into one of the first two groups, which described virtually no unwanted sexual advances. When compared to non-victims, gender-harassed women showed significant decrements in professional and psychological well-being. These findings underscore the seriousness of gender harassment, which merits greater attention by both law and social science.     

Neonaticide: A Comprehensive Review of Investigative and Pathologic Aspects of 55 Cases

Analysis of neonaticide cases from a law enforcement perspective is virtually non-existent in the research literature. Nonetheless, law enforcement and prosecutors face unique challenges when investigating and prosecuting neonaticide; and a specialized, informed approach is necessary. By highlighting the crime scene characteristics and autopsy findings of 55 neonaticide victims, the authors hope to assist the law enforcement and legal communities in their neonaticide investigations. Specifically, this article clarifies how neonaticide occurs by chronologically examining the pregnancy, the birth and death of the infant, the subsequent crime scene (or scenes) and the pathological findings. The article also highlights the potential challenges that may arise during investigation and prosecution of these cases in addition to providing the forensic community with recommended investigative techniques.     

The Helpseeking Experiences of Men Who Sustain Intimate Partner Violence: An Overlooked Population and Implications for Practice

For over 30 years, research has shown that men can and do sustain intimate partner violence (IPV) from their female partners. This is the first large-scale, nationally-based, quantitative study to systematically detail the helpseeking experiences of men who have sustained IPV from their female partners. The sample is composed of 302 men who were recruited from resources specializing in men’s issues. Results indicate that men who seek help for IPV victimization have the most positive experiences in seeking help from family/friends, and mental health and medical providers. They have the least positive experiences with members of the DV service system. Cumulative positive helpseeking experiences were associated with lower levels of abusing alcohol; cumulative negative experiences were associated with higher rates of exceeding a clinical cut-off for post-traumatic stress disorder. Results are discussed in terms of implications for the social service sector and for future research.     

Social capital, lobbying and community-based interest groups

Recent discussions of social capital within the public choice literature have tended to focus on its role in solving collective action problems and promoting political accountability. Consequently, two areas of inquiry remain underexplored: (1) the role social capital plays in facilitating lobbying and rent seeking, and (2) the possibility that the availability of government resources can cause community-based groups to re-orient their stocks of social capital away from mutual assistance and toward lobbying and rent seeking. This article examines the relationship between social capital and lobbying in New Orleans??s post-Katrina recovery.     

Patella sex determination by 3D statistical shape models and nonlinear classifiers

Sex determination is one of the essential steps in personal identification of an individual from skeletal remains. Most elements of the skeleton have been subjected to discriminant function analysis for sex estimation, but little work has been done in terms of the patella. This paper proposes a new sex determination method from the patella using a novel automated feature extraction technique. A dataset of 228 patellae (95 females and 133 males) was amassed from the William M. Bass Donated Skeletal Collection from the University of Tennessee and was subjected to noninvasive high resolution computed tomography (CT). After the CT data were segmented, a set of features was automatically extracted, normalized, and ranked. The segmentation process with surface smoothing minimizes the noise from enthesophytes and ultimately allows our methods to distinguish variations in patellar morphology. These features include geometric features, moments, principal axes, and principal components. A feature vector of dimension 45 for each subject was then constructed. A set of statistical and supervised neural network classification methods were used to classify the sex of the patellar feature vectors. Nonlinear classifiers such as neural networks have been used in previous research to analyze several medical diagnosis problems, including quantitative tissue characterization and automated chromosome classification. In this paper, different classification methods were compared. Classification success ranged from 83.77% average classification rate using labels from a Fuzzy C-Means (FCM) clustering step, to 90.3% for linear discriminant classification (LDC). We obtained results of 96.02% and 93.51% training and testing classification rates, respectively, using feed-forward backpropagation neural networks (NN). These promising results using newly developed features and the application of nonlinear classifiers encourage the usage of these methods in forensic anthropology for identifying the sex of an individual from incomplete skeletons retaining at least one patella.     

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.