“It’s Like Standing on a Beach,Holding Your Children’s Hands,and Having a Tsunami Just Coming Towards You”: Intimate Partner Violence and “Expert” Assessments in Australian Family Law

The ways in which postseparation parenting disputes are managed has undergone significant change in Australia since the Family Law Act (Cth) was first enacted in 1975. The best interests of children have always been paramount in children’s cases and over the last 20 years, this concept has been legislatively shaped to include ongoing beneficial post separation parental relationships and protection from harm. A critical piece of evidence to inform a Family Court’s decision making in such matters is a family report, which is an expert assessment compiled by a social science professional. The authors report findings from an Australian based qualitative study exploring the experiences of family report assessment practice from the perspective of victim mothers who have separated from men who perpetrate intimate partner violence. The authors conclude that reforms are necessary to improve the practice and procedure of family report writing in Australia. Such reforms should ensure that the lived experience of victims of intimate partner violence is validated, assessment processes have victim efficacy, and the outcomes of such reports do not put women and their children at ongoing risk of harm.     

澳大利亚刑事推定证据规则适用研究

澳大利亚刑事诉讼证据规则中,刑事推定包括事实推定与法律推定,法律推定之中又涵盖可反驳的法律推定与不可反驳的法律推定.为了让证据在控辩双方中充分博弈使其越辩越明,刑事推定中的多数推定都是可反驳的推定,不可反驳的法律推定类型往往很少且逐渐成文化.可反驳的(事实与法律)推定之间常常存有冲突,各种可反驳的证据之间并无优劣顺序之分,解决冲突的路径则交由控辩双方的证明责任,法官依举证责任的分配来确定采取哪方证据.     

Interacting with Consumer Advocates

This article explores the role of consumer advocacy. Those involved in public policy formation and administration – regulators, governments and other public policy makers – share an interest in effective consumer advocacy. Those who make our laws, as well as those who are custodians of its adjudication, compliance, monitoring and enforcement, share a common position with many consumer advocates – they all work to advance the long‐term interests of consumers.     

Testing for AIDS: uses and abuses

In response to the public outcry for mandatory testing for AIDS, this Article explores the major issues concerning the identification of persons with AIDS in society. The Article first studies testing procedures and the purposes behind them to determine if a call for mandatory testing of the general populace would better achieve society's objectives for identifying individuals with AIDS. Concluding that testing should not be required of the population as a whole, the Article then explores whether testing should be required of certain subpopulations which society perceives as likely to have or to spread the disease. In this context, too, the Article concludes that mandatory testing would be unwarranted, and that funds proposed for mandatory testing would be put to better use in education and universal precautions to prevent the further spread of AIDS.     

DO GROUP DYNAMICS INFLUENCE SOCIAL CAPITAL GAINS AMONG MICROFINANCE CLIENTS? EVIDENCE FROM A RANDOMIZED EXPERIMENT IN URBAN INDIA

As an intrinsic part of the classic microfinance model, group meetings are intended to employ social capital to ensure timely repayment. Recent research suggests that more frequent meetings can increase social capital among first‐time clients. Using randomized variation in group meeting frequency for 174 microfinance groups in India, we demonstrate that social capital gains associated with more frequent meetings continue to accrue across multiple lending cycles. However, these effects are reduced when group members differ in their borrowing history. In addition, clients who start with low levels of empowerment report higher social capital gains when matched with similar clients. We discuss how current microfinance policy debates overlook the creation of social capital, including through repayment meeting frequency, and we encourage regulators to undertake a holistic understanding of microfinance's impacts.     

Ethics and entrapment: Understanding counterterrorism stings

ABSTRACT

This article examines domestic counterterrorism sting operations in the USA. It considers why critics consider these operations unethical and illegitimate. In particular, it looks at claims that counterterrorism sting operations have entrapped innocent people. This article explains why the U.S. courts have rejected claims of entrapment. It discusses different standards of entrapment used by the U.S. courts and sets out how these standards apply to counterterrorism sting operations. The article will show how key pieces of evidence convinced the courts that the targets of sting operations were predisposed towards terrorism. As a result, defendants were not able to mount successful entrapment defenses. By the end of the article, the reader will have a better understanding of the ethical and legal safeguards governing counterterrorism sting operations in the USA.     

Endogenizing legislative candidate selection procedures in nascent democracies: evidence from Spain and Chile

This article contributes to filling a gap in the resurgent literature on legislative candidate selection procedures by analysing the adoption of such procedures in nascent democracies. We contend that within transitional systems distinct contexts constrain choice and bargaining for candidate selection procedures in different ways, and condition the adoption of legislative candidate selection procedures by parties. In particular we posit that the relative levels of uncertainty about the installation and continuance of democracy, strategic complexity of the electoral system, and party leadership autonomy, create incentives for the adoption of more or less inclusive candidate selection procedures. We evaluate our propositions based on evidence from the relevant political parties in Spain and Chile.