Decentralization as a tool for social services management

This paper describes considerations which attempt to identify suitable applications of prototype advanced information technology (IT) systems within United Kingdom (UK) local government.

A ‘task‐analysis’ was undertaken of the activities of the departments within a large UK local authority. The resultant data was then matched, through a theoretical model, with the characteristics of these advanced IT systems. It was concluded that a low risk, low cost system should be implemented within the training function associated with a number of departments.

The empirical study was undertaken within Manchester City Council (MCC) which is considered representative of local government. It is believed, therefore, that many of the issues described in this paper may be of value to other authorities nationally.     

Can Small High Schools of Choice Improve Educational Prospects for Disadvantaged Students?

This paper provides rigorous evidence (for 12,130 participants in a series of naturally occurring randomized lotteries) that a large‐scale high school reform initiative (New York City's creation of 100+ small high schools of choice between 2002 and 2008) can markedly and consistently increase high school graduation rates (by 9.5 percentage points overall and for many different student subgroups) for a large population of educationally and economically disadvantaged students of color without increasing annual school operating costs. These findings are directly relevant to current debates by policymakers and practitioners about how to improve the educational prospects of disadvantaged students in the United States.     

Pharmaceutical Industry Financial Support for Medical Education: Benefit, or Undue Influence?

Presently, the pharmaceutical industry funds about half of the costs of continuing medical education (CME) programs in the U.S. This contributes to the ethical problems that pervade the relationship between medicine and the pharmaceutical industry: trustworthiness and conflicts of interest. The problems are exacerbated by rationalizations prevalent on both sides that deny the ethical concerns. Commercialism and commercial bias are highly visible at large CME gatherings, and available data, while scanty, back up the view that physician attendees' subsequent prescribing practices are influenced by the commercial message. The industry believes that it will recoup $3.56 in increased sales for every dollar that it invests in CME. New guidelines instituted by the Accreditation Council for Continuing Medical Education (ACCME) in 2004 may succeed in reducing excessive commercial influence, especially since the Department of Health and Human Services has also warned the industry of possible anti-kickback violations if firewalls are not erected between CME funding and marketing of drugs. Critics counter that early indicators of improvement are lacking.     

On Necessity as a Defence to Crime: Possibilities, Problems and the Limits of Justification and Excuse

The article reviews recent developments in England in the law of necessity as a defence to crime and calls for its further extension. It argues that the defence of necessity presents the criminal law with difficult questions of competing values and the ordering of harms. English law has taken a nuanced position on the respective roles of the courts and the legislature in the ordering of harms, although the development of the law has been pragmatic rather than coherently theorised. The law has granted necessity some scope as an exculpatory principle in the law of general defences, but it has also respected the primacy of the legislature as the legitimate arbiter of many of the competitions of value that necessity throws up. The recognition of necessity has not been in the form of a single unified defence of that name. Rather it has taken the form of a number of defences, based on a principle of necessity, but with different nomenclature and different rationales. This approach to necessity is defended as right in terms of principle and policy. Any further development of necessity as a general defence should be restricted to two contexts, namely those of emergencies, and of conflicts of duty, where a danger of death or serious injury is present.

Developmental validation of a Cannabis sativa STR multiplex system for forensic analysis

A developmental validation study based on recommendations of the Scientific Working Group on DNA Analysis Methods (SWGDAM) was conducted on a multiplex system of 10 Cannabis sativa short tandem repeat loci. Amplification of the loci in four multiplex reactions was tested across DNA from dried root, stem, and leaf sources, and DNA from fresh, frozen, and dried leaf tissue with a template DNA range of 10.0-0.01 ng. The loci were amplified and scored consistently for all DNA sources when DNA template was in the range of 10.0-1.0 ng. Some allelic dropout and PCR failure occurred in reactions with lower template DNA amounts. Overall, amplification was best using 10.0 ng of template DNA from dried leaf tissue indicating that this is the optimal source material. Cross species amplification was observed in Humulus lupulus for three loci but there was no allelic overlap. This is the first study following SWGDAM validation guidelines to validate short tandem repeat markers for forensic use in plants.     

Validation and casework application of a Y chromosome specific STR multiplex

A series of validation experiments was performed for a Y chromosome specific STR multiplex system following the suggestions made by the Technical Working Group DNA Analysis Methods (TWGDAM). The multiplex PCR products were detected on Perkin-Elmer 373 and 377 automated sequencers using two labeling colors. No problems regarding the stability, robustness and sensitivity of the Y STR multiplex were observed. Mixture studies revealed a cut off rate similar to autosomal STRs for mixtures of male DNAs and no interference of any female admixture. The comparison of the Y STR results to the autosomal typing results for 56 nonprobative semen stains and swabs, showed a slightly higher success rate in detecting the semen donor’s alleles for the Y STR multiplex. Two examples are shown to illustrate the usefulness of Y STR typing for DNA mixtures. In one case the Y STR results confirmed an isolated exclusion; in the other case, the interpretation of a mixture was clarified since the Y STR results proved the presence of DNA from at least two semen donors. Y STR typing is a valuable addition to the forensic DNA testing panel.     

Advocacy in Constitutional Choice: The Cramer Treason Case, 1942–1945

How did advocacy at each level of the federal judiciary help shape the leading decision in American law of treason? This article, adapted from a forthcoming biography of Judge Harold R. Medina, is a case study based on Justice Department archives and the personal papers of Medina, Charles Fahy, and seven Supreme Court Justices. It analyzes the whole case, from the lawyers’standpoint, to illuminate the role of counsel in transforming a minor wartime incident into the first treason case decided on the merits by the Supreme Court and the tribunal's only decision during World War II to limit constitutional war powers. Accenting litigation strategy and the use of history in constitutional interpretation, it is a story also of the struggle by counsel on both sides of the case to uphold high professional standards amid the passions of total war.     

When courts and experts disagree: Discordance between insanity recommendations and adjudications

Discordance between state examiner recommendations of culpability and subsequent insanity adjudications was investigated. The discordant group was compared with groups of defendants where concordance occurred between recommendation and adjudication. Data were collected from casefile materials (totalN=80) and comparisons were made on defendant's background, the offense, and the forensic evaluation. To determine how purposeful and goal directed the offense was, offenses were rated on a rationality scale. Results indicated that defendants in the discordance group committed emotionally charged or unusual offenses, were likely to have a psychiatric history (65%) and were more likely to have been found incompetent to stand trial than defendants recommended and adjudicated culpable. The discordant group was dissimilar to defendants recommended and adjudicated insane in frequency of prior felony arrest (65%), alcohol/drug use at time of offense (55%), paucity of psychosis (20%) and higher frequency of claimed amnesia (35%). On the rationality scale, discordant defendants were intermediate between those defendants recommended and adjudicated insane, who typically committed irrational offenses, and those defendants recommended and adjudicated culpable, who typically committed purposeful and goal directed offenses.     

State Courts, the U.S. Supreme Court, and the Protection of Civil Liberties

Advocates of federalism, both in the United States and elsewhere, often cite the potential for enhanced protection of individual civil liberties as an emerging rationale for a federal system dividing governmental responsibilities between central and regional governments and central and regional judiciaries. Echoing this, some judicial officials and scholars, confronting an increasingly conservative U.S. Supreme Court, have called for state supreme courts to use the state constitutional grounds to preserve and increase the protections of the Bill of Rights. Using event count analysis, we examine state search-and-seizure cases for 1981 to 1993 to ascertain under what circumstances state courts would use this opportunity to eliminate Supreme Court review. We find that the relative ideological position of the state supreme courts and the U.S. Supreme Court often prevents, or does away with the need for, liberal courts to use the adequate and independent state grounds doctrine to expand the rights of criminal defendants and that state supreme court justices react more predictably in the assertion of constitutional protection law than the general consensus suggests.