Parenthood,Childhood and Injury: Some Dilemmas for the Law of Torts

This paper looks at some recent developments in the law of torts. It looks in particular at the emergence of civil claims with respect to child abuse and the confinements effected by traditional limitation periods in relation to those claims. It examines in particular in the first section the House of Lords decision in Stubbings v. Webb to the effect that civil claims over child sex abuse were time barred, and the subsequent unsuccessful appeal to the European Court of Human Rights which ruled by seven votes to two that there had been no violation of articles 6 of the European Convention on Human Rights. It is also noted that the Court ruled unanimously that there had been no violation of article 8; and by eight votes to one that there had been no violation of article 14. The paper turns in the second section to what have been called actions for wrongful birth, arguing that here we see the law of torts taking a more protective role, one which must be set side by side with the child abuse actions examined in the first part of the paper. Throughout the paper, both English and Australian law is canvassed. The major claims in this paper relate to what the author terms a singularly adult picture or rights and wrongs reflected in the law of torts.     

Understanding sustainable development in the context of other emergent environmental perspectives

Concepts of preservation, conservation, and development shaped in large part the debate about U.S. environmental policy at the end of the 19th century. Forest use was often the focal point of controversy. Throughout the 20th century, Americans continued debating forest use, but by the late 20th century, the assumption that 19th century beliefs prevailed had begun to create a barrier to understanding changing perspectives. This paper begins by discussing one of these new perspectives, sustainable development, which has gained international prominence since the 1992 United Nations Conference on Environment and Development after being mentioned in the 1986 World Commission on Environment and Development's Our Common Future. Following the introduction to sustainable development, this paper briefly presents the results of a 1989 study using Q methodology, which identified the emergence of sustainable development as one of several beliefs in a more complex framework of perspectives on forest use than had been assumed. In addition to sustainable development, this new framework included beliefs in nature as a community to be respected, a place for personal growth, a means for demonstrating self-reliance, and a rallying point for grassroots activism. This paper examines sustainable development in the context of these other belief types and concludes by cautioning policymakers to consider these additional policy arguments and define the policy agenda more fully.     

American Federalism on the Horizon

The American federal system took some unpredictable twists andturns during the twentieth century. As a new century—indeed,a new millennium—begins, which trends are likely to continue,which are likely to dissipate? What issues pose the greatestchallenges for the intergovernmental system? This article plotsseveral possible paths along which the federal system couldtravel over the next decade. The fundamental issue in Americanfederalism is a perennial one: How will the balance of powerbetween the federal government and the states change? Otherkey issues facing American federalism are identified and theirlikely impacts examined. The article concludes with an assessmentthat the next decade in American federalism may be surprisinglyrobust.     

Romantic Relationship Aggression and Attitudes in High School Students: The Role of Gender,Grade, and Attachment and Emotional Styles

Use of aggressive behaviors in adolescent romantic relationships, the endorsement of attitudes that promote such behaviors, and the extent to which attachment and emotional styles are related to these behaviors and attitudes were examined in 254 high school students. In general, aggressive behaviors and attitudes were not common. As expected girls were somewhat more likely to report being the perpetrator of physical aggression and boys were somewhat more likely to endorse the acceptance of aggression and dysfunctional sexual attitudes. For girls, a less secure relationship with best friends and lower levels of shame and guilt were related to the use of aggression in romantic relationships and endorsing less healthy attitudes about these relationships. For boys, externalizing responsibility for harm to others was related to using physical aggression in romantic relationships and lower levels of guilt and shame were related to the justification of sexual aggression. Intervention implications discussed include the need to employ programs that are grounded in the nature of adolescent relationships where aggression is more often mutual between partners, and the potential benefit of targeting emotional styles.     

Administrative innovation in municipal government

The purpose of this study is to identify those factors which account for administrative innovation in municipal government bureaucracies. Two dimensions of administrative innovation are examined: management and technology. Management innovation refers to procedures and methods by which policies are implemented. Technology innovation refers to the adoption of new physical products or processes. Multiple indicators of specific innovative practices are used to create a management scale and a technology scale and the two scales are then combined to create a composite administration innovation scale. In order to explain the dimensions of innovation the study employs a model comprised of three sets of independent variables: community variables, political system variables, and bureaucratic variables. Multiple regression analysis is used to examine the relationship between each set of independent variables and the dipensions of innovation. A second stage of analysis combines the three sets of explanatory variables into a single equation for each type of innovation. The results indicate that the three sets of variables are of significant power in explaining innovation, although as one moves from community variables to political variables to bureaucratic variables there is a decline in the amount of variation explained. Some variables are more important for certain types of innovation than for others, but population size, community growth rate, and electoral competition cut across the various types of innovation.     

Exploring Factors Which Lead to Successful Reunification in Domestic Violence Cases: Interviews with Caseworkers

This exploratory study investigated factors that Child Protective Service caseworkers believe lead to change for the domestic violence abuser and victim, and ultimately lead to success in terms of reunifying children who have been removed from their parents due to domestic violence. In-depth interviews with six caseworkers examined both successful reunification cases and unsuccessful reunification cases. The interview was structured around three areas of interest: services, the caseworker’s relationship with the parents, and social supports, in order to identify variables that may influence the family’s ability (or inability) to make the necessary changes for reunification with their children. Results revealed that successful reunifications took place within the families who fully engaged in services, admitted the issues within the family home, set clear boundaries with each other, and sought and maintained an appropriate support system. Implications for caseworkers involved with families experiencing domestic violence, as well as directions for future research, are discussed.     

Internal validation of the AmpFlSTR Yfiler amplification kit for use in forensic casework.

Y-chromosomal short-tandem repeat (Y-STR) amplification has been used in forensic casework at the Bureau of Criminal Apprehension (BCA) Forensic Science Laboratory since 2003. At that time, two separate amplifications were required to type the SWGDAM recommended loci (DYS19, DYS385a/b, DYS389I, DYS389II, DYS390, DYS391, DYS392, DYS393, DYS438, and DYS439). The Yfiler kit coamplifies these loci as well as DYS437, DYS448, DYS456, DYS458, DYS635, and Y GATA H4. The Yfiler kit was validated following the internal validations outlined in the SWGDAM revised validation guidelines. Our studies show that 0.125 ng of male DNA will generate a complete 17 locus profile and that as little as 0.06 ng of male DNA yields an average of nine loci. In the male-male mixtures, a complete profile from the minor component was detected up to 1:5 ratio; most of the alleles of the minor component were detected at a 1:10 ratio and more than half the alleles of the minor component were detected at a 1:20 ratio. Complete YSTR profiles were obtained when 500 pg male DNA was mixed with female DNA at ratios up to 1:1000. At ratios of 1:5000 and 1:10,000 (male DNA to female DNA) inhibition of the YSTR amplification was evident. The YSTR results obtained for the adjudicated case samples gave significantly more information than the autosomal results. Our studies demonstrate that the Yfiler kit is extremely sensitive, does not exhibit cross-reactivity with female DNA, successfully types male DNA in the presence of overwhelming amounts of female DNA and is successful in typing actual forensic samples from adjudicated cases.