Judicial Independence: Evidence from a Natural Experiment

In this article, we directly test the presence of judicial independence by examining judicial recess appointees who have later been confirmed by the Senate to full‐time Article III judicial positions. Specifically, we compare the votes of recess‐appointed courts of appeals judges during their temporary appointment tenure with a similar period following Senate confirmation. We find substantial differences in pre‐ and postconfirmation voting, suggesting that the structural protections of the Constitution provide judges a certain amount of independence.     

Can Business Rights Alleviate Group-Based Inequality in Sub-Saharan Africa? Understanding the Limits to Reform

Abstract

Africa’s indigenous minorities face unique constraints, particularly in terms of engaging in even the most basic business activities. They typically lack business rights, but, even where such rights have been extended, they have had scant impact on group poverty. This paper argues that the failure of business rights to meaningfully transform the livelihoods of marginalised minority groups stems from elite capture of resources, dependency on external validation, and a contradiction between a collective problem (group poverty) and an individualist solution (business rights). African states could alter conditions through active pursuit of affirmative action policies, but lack socio-economic and political incentives.     

Using strength-based approaches to explore pretreatment change in men who abuse their partners

Group work with men who batter has traditionally consisted predominantly of psychoeducational programs that ignore concepts such as self-determination, goal setting, and positive engagement with men. More recently, this paradigm has begun to shift to include cognitive approaches and the utilization of strength-based strategies. The present sample included 42 men who were part of an ongoing batterer intervention program. Information for this study included assessment of each man's strengths, their goals, and their perceptions of the changes they felt they had already made prior to attending group treatment. Through a grounded theory analysis, a model was developed that highlights the pretherapeutic change processes that men experience due to their being arrested, charged with a misdemeanour domestic charge, and subsequently convicted of domestic violence. Particularly highlighted are changes in the ways that men view and navigate three distinct areas of their lives: their external world (including work and education); their internal world (perception of self, values, and skills); and their interpersonal relationships with their partner and children.     

Negotiation in legislatures over government formation

We question results claiming to extend non-cooperative models of legislative bargaining to the theoretically general and substantively typical case with an arbitrary number of disciplined parties. We identify problems with both the derivation of formal results and empirical evaluation of these. No empirically robust formateur advantage is observed in field data on bargaining over government formation. Given this theoretical and empirical impasse, we reconsider the substantive premises that should form the foundation for any new attempt to model this fundamental political process, arguing that models should be grounded in binding constitutional constraints on the government formation process in parliamentary democracies.     

Decomposition and insect succession of clothed and unclothed carcasses in Western Australia

The effect of clothing on carcass decomposition and patterns of insect succession onto remains were investigated in two separate years during autumn in Western Australia. The progression of decomposition differed between clothed and unclothed carcasses in both years of the study. The presence of clothing markedly prolonged the wet decay stage in both years with larval feeding occurring across the moist skin surface underneath clothing, as well as within and under the carcasses. Ambient temperatures were higher in the second year of the study and corresponded to marginally faster rates of decay throughout decomposition. Within years, insect arrival and oviposition were largely consistent between clothed and unclothed carcasses with a few notable exceptions. The green blow fly, Lucilia sericata Meigen (Diptera: Calliphoridae) oviposited one day earlier on clothed than unclothed carcasses in both years of the study. The black carrion fly, Australophyra rostrata Robineau-Desvoidy, (Diptera: Muscidae) colonised clothed carcasses in two distinct waves of succession but only one wave of ovipoistion was observed on unclothed carcasses in either year. Correspondingly, clothed carcasses supported larval feeding by A. rostrata for a longer duration than unclothed carcasses. Finally, dipteran larval masses were more widely distributed across the carcass surface and were present for a longer period of time on clothed carcasses than on unclothed carcasses in both years. Forensically relevant data detailing the seasonal pattern of insect succession onto clothed and unclothed decomposing remains in Western Australia are reported.     

Donation of 'spare' fresh or frozen embryos to research: who decides that an embryo is 'spare' and how can we enhance the quality and protect the validity of consent?

This paper analyses elements of the legal process of consent to the donation of 'spare' embryos to research, including stem-cell research, and makes a recommendation intended to enhance the quality of that process, including on occasion by guarding against the invalidity of such consent. This is important in its own right and also so as to maximise the reproductive treatment options of couples engaged in in vitro fertilisation (IVF) treatment and to avoid possible harms to them. In Part 1, with reference to qualitative data from three UK IVF clinics, we explore the often delicate and contingent nature of what comes to be, for legal purposes, a 'spare' embryo. The way in which an embryo becomes 'spare', with its implications for the process of consent to donation to research, is not addressed in the relevant reports relating to or codes of practice governing the donation of embryos to research, which assume an unproblematic notion of the 'spare' embryo. Significantly, our analysis demonstrates that there is an important and previously unrecognised first stage in the donation of a 'spare' embryo to research, namely: consent to an embryo being 'spare' and so, at the same time, to its disuse in treatment. This is not explicitly covered by the Human Fertilisation and Embryology (HFE) Act 1990, as amended by the HFE Act 2008. Having identified this important initial stage in the process of consent to the donation of a 'spare' embryo to research in conclusion to Part 1, in Part 2 we analyse the idea of consent to an embryo's disuse in treatment on the basis that it is 'spare' with reference to the legal elements of consent, namely information as to nature and purpose, capacity, and voluntariness. We argue that there are in fact three related consent processes in play, of which the principal one concerns consent to an embryo's disuse in treatment. If the quality of this first consent is compromised, in turn this will impact on the quality of the consent to the donation of that 'spare' embryo to research, followed by the quality of consent to future cycles of assisted reproduction treatment in the event that these are needed as a result of a donation decision. The analysis overall is of central relevance to the debate as to whether, and if so when, it should be permissible to request the donation of fresh embryos for research, as opposed to those that have been frozen and, for instance, have reached the end of their statutory storage term. This has a particular bearing on the donation of embryos to stem-cell research since there is a debate as to whether fresh embryos are most useful for this.     

Quantitative assessment of evidential weight for a fingerprint comparison. Part II: a generalisation to take account of the general pattern

The authors have proposed a quantitative method for assessing weight of evidence in the case where a fingermark from a crime scene is compared with a set of control prints from the ten fingers of a suspect. The approach is based on the notion of calculating a Likelihood Ratio (LR) that addresses a pair of propositions relating to the individual who left the crime mark. The current method considers only information extracted from minutiae, such as location, direction and type. It does not consider other information usually taken into account by fingerprint examiners, such as the general pattern of the ridge flow on the mark and the control prints. In this paper, we propose an improvement to our model that allows a fingerprint examiner to take advantage of pattern information when assessing the evidential weight to be assigned to a fingerprint comparison. We present an extension of the formal analysis proposed earlier and we illustrate our approach with an example.     

Styryl dye coated metal oxide powders for the detection of latent fingermarks on non-porous surfaces

Conventional fingermark powders rely on contrast induced by absorption/reflection (e.g. black powder) or luminescence in the visible region (e.g. Blitz Green(?)). In most cases, these powders provide sufficient contrast; however, in some circumstances surface characteristics can interfere with the visualisation of powdered fingermarks. Visualisation in the near infra-red (NIR) region, however, has been shown to eliminate interferences commonly encountered in the visible region. In this study, a mixture of rhodamine 6G and the NIR laser dye styryl 11 (STaR 11) was coated onto an aluminium oxide nanopowder and then mixed with silver magnetic powder to develop and visualise fingermarks in the NIR. When compared to Blitz Green(?), it was determined that the STaR 11 magnetic powder was better suited for marks deposited on textured surfaces and for older marks, whereas Blitz Green(?) performed better on smooth glossy surfaces. The ability of the STaR 11 mixed dye formulation to be visualised in both the visible and NIR regions also provides a significant advantage over conventional luminescent fingermark powders.     

From princely fiefdoms to Soviet nations: interethnic border conflicts in the North Caucasus and the village of Lesken

This article examines interethnic border conflicts that accompanied the Soviet division of the North Caucasus into ethno-territorial autonomous districts after the Civil War. It traces the tumultuous, and often violent, events that led to the transfer of the ethnically Ossetian village of Lesken from the Kabardino-Balkar Autonomous Oblast to the North-Ossetian Autonomous Oblast. The essay shows how the Soviet-sponsored ethnicization of territory exacerbated interethnic tensions in a multiethnic region that defied neat delimitation into coherent ethno-national administrative units. It highlights the ‘dual-assimilation’ that accompanied the introduction of the national principle and the delimitation of national borders. Ethno-national mobilization of populations in defence of their ‘national’ territory from neighbouring ethnic groups, though achieved for reasons of daily survival, represented an initial lesson in the importance of national identity in the modernizing Soviet state, as villagers learned to speak national and Bolshevik. In concluding, this paper seeks to understand the larger significance of Soviet border making in the North Caucasus by exploring issues of continuity and change, both in terms of imperial governance and the lived experience of ethnicity.     

Street‐Level Tort Law: The Bureaucratic Justice of Liability Decision‐Making

Most legal scholarship on tort focuses primarily on judicial decisions, but this represents only a limited aspect of tortious liability. The vast majority of decisions concerning tortious liability are made by bureaucrats. Unavoidably then, there are two tiers of justice in tort law. This article focuses on the lower tier – bureaucratic decision‐making – arguing that the justice of bureaucratic decisions on tort should be considered on its own terms and not by judicial standards. We develop the notion of bureaucratic justice, applying a normative framework originally set out in relation to public administration. This enables an evaluation of the strengths and weaknesses of different ways of bureaucratically determining liability claims in tort. The regimes discussed concern the liability of public authorities, but decision makers comprise both state and non‐state actors and the bureaucratic justice framework is, in principle, applicable to understand and evaluate the liability of both public and private actors.