Medically mediated reproduction: posthumous conception and the best interests of the child

Advances in medical technology have provided the means for posthumous reproduction to become a foreseen and intended event. This "medically mediated", "non coital" form of reproduction raises a number of esoteric legal and ethical issues, and has much to teach us about broader issues of personal autonomy, parenthood, gender relations, family structure and the best interests of the child. In this article the author, drawing on recent Australian jurisprudence, argues that the best interests of the potential child should be the primary consideration in any case involving posthumous conception. Drawing heavily on the normative foundations provided by international law, the author attempts to identify and clarify the interests of the child relevant in the context of posthumous conception. The author concludes that a denial of access to treatment, on the basis that treatment is contrary to the best interests of the child, has no sound basis. The current treatment of the interests of the deceased and surviving partner and the interests of the child as conflicting dichotomies fails to recognise the inherent logic in converging these interests. It is only in stripping away this discriminatory fa?ade that one comes to recognise that the promotion of the rights of the deceased and surviving partner is likely, in many cases, to enhance the best interests of the child.     

A Race for the Regs: Unified Government,Statutory Deadlines,and Federal Agency Rulemaking

Theory suggests that Congress should delegate more policymaking authority to the bureaucracy under unified government, where lawmakers are less worried about the president orchestrating “bureaucratic drift.” Yet, all unified governments come to an end, making broad delegations potentially advantageous to future lawmaking coalitions (“coalitional drift”). We seek to assess how lawmakers simultaneously limit the risk of each of these pitfalls of delegation. Our answer is rooted in Congress’s ability to spur agency rulemaking activity under unified government. Specifically, we expect statutes passed under unified government to require agencies to issue regulations quickly and for enacting coalitions to use oversight tools to influence agency policy choices. Such “proximate oversight” allows coalitions to cement policy decisions before a new election changes the configuration of preferences within Congress and the executive branch. We assess our argument using unique data on both congressional rulemaking deadlines (1995–2014) and the speed with which agencies issue regulations (1997–2014).     

Evaluation of Total Nitrite Pattern Visualization as an Improved Method for Gunshot Residue Detection and its Application to Casework Samples

Visualization of nitrite residues is essential in gunshot distance determination. Current protocols for the detection of nitrites include, among other tests, the Modified Griess Test (MGT). This method is limited as nitrite residues are unstable in the environment and limited to partially burned gunpowder. Previous research demonstrated the ability of alkaline hydrolysis to convert nitrates to nitrites, allowing visualization of unburned gunpowder particles using the MGT. This is referred to as Total Nitrite Pattern Visualization (TNV). TNV techniques were modified and a study conducted to streamline the procedure outlined in the literature to maximize the efficacy of the TNV in casework, while reducing the required time from 1 h to 5 min, and enhancing effectiveness on blood‐soiled samples. The TNV method was found to provide significant improvement in the ability to detect significant nitrite residues, without sacrificing efficiency, that would allow for the determination of the muzzle‐to‐target distance.     

A Ballistics Examination of Firearm Injuries Involving Breast Implants

This ballistics study examines whether saline breast implants can decrease tissue penetration in firearm injuries. We hypothesize that the fluid column within a saline breast implant can alter bullet velocity and/or bullet pattern of mushrooming. The two experimental groups included saline implants with 7.4 cm projection and a no implant group. The experimental design allowed the bullet to pass‐through an implant and into ballistics gel (n = 10) or into ballistics gel without passage through an implant (n = 11). Shots that passed through an implant had 20.6% decreased penetration distance when compared to shots that did not pass‐through an implant; this difference was statistically significant (31.9 cm vs. 40.2 cm, p < 0.001). Implant group bullets mushroomed prior to gel entry, but the no implant group mushroomed within the gel. Bullet passage through a saline breast implant results in direct bullet velocity reduction and earlier bullet mushrooming; this causes significantly decreased ballistics gel penetration.     

Punishing the Wicked: Examining the Correlates of Sentence Severity for Convicted Sex Offenders

Objectives

To examine the correlates of sentence severity for convicted sex offenders under sentencing guidelines, contrasted with individuals convicted of non-sexual, violent offenses.

Methods

Drawing on 7 years of data from the Pennsylvania Commission on Sentencing, we utilize a logit-negative binomial hurdle model to examine the predictors of incarceration and sentence length, and an accompanying Oaxaca–Blinder decomposition of the gap in sentencing outcomes between the groups. We then implement a quantile regression framework to examine variation in effects across the distribution of sentence lengths. All analyses are contrasted with a matched sample of violent offenders to consider the extent to which estimated associations are unique to sex offenders.

Results

The analyses suggest several predictors of sentence severity for sex offenders, and that these predictors vary between the incarceration and sentence length decisions. In comparing effects for sex and matched violent offenders, divergent effects were observed for both case and offender characteristics. An Oaxaca–Blinder decomposition suggests that differences in the coefficient estimates account for less than one-fifth of the gap in average sentencing outcomes between sex and violent offenders. Subsequent quantile regressions indicate that these effects vary considerably over the sentence length distribution in ways that are not captured or obscured by the hurdle models.

Conclusions

The predictors of sentence severity for sex offenders, and points of divergence from violent offenders, are congruent with the notion that judges utilize crime-specific stereotypes in arriving at sentencing decisions. Further, the application of quantile regression following point-based estimation can reveal meaningful patterns in sentencing disparities.

     

Proposed modification of a school-wide bully prevention program to support all children

Bullying prevention programs in the United States are being implemented in schools from kindergarten through high school to reduce rates of bullying behaviors. The bully prevention in positive behavior support (PBIS) model is an evidence-based, whole school intervention program. The PBIS model trains teachers, school staff, and administrators to model and provide positive reinforcement for children to decrease bullying amongst peers. This article addresses gaps in the current bullying prevention research by exploring challenges and potential modifications to the PBIS model based on staff perspectives of specific student needs. Utilizing focus group methodology, administrators, teachers, and support staff in a northeastern urban elementary school identified challenges experienced by students who were English language learners, impulsive, shy or sensitive, and female. The findings highlight the critical nature of school–parent relationships in addressing student, family, and cultural factors that influence the successful implementation of bullying prevention programs.