Harm,Consent and the Limits of Privacy

Within the context of U.K. law, the right to respect for private life, articulated in Article 8 of the European Convention on Human Rights, and acknowledged more opaquely in domestic legislation and case law, is one whose scope is unclear. Nowhere is this brought into sharper relief than in cases where conduct which manifests a person’s sexual identity, or concerns her intimate relations with others, is prima facie criminal. In this essay I attempt, through a discussion of cases in which injury is caused in the context of relationships experienced inter-subjectively as private, to explore the contexts in which the law is prepared to legitimate that inter-subjective experience, and where it is not. Using cases in which injury has been caused purposively (in S/M sex), and incidentally (through the reckless transmission of HIV during sexual intercourse), the essay argues that the law is prepared to respect the right to respect for private life only in so far as the private life concerned is one which reinforces traditional gender roles and relationship types; in short, a life that one would be prepared to live publicly.     

V.A.T., Taxation and Prostitution: Feminist Perspectives on Polok

Debates concerning the taxation of prostitution have occurred in taxation law and in feminist literature. This article will integrate the case of Polok v. C.E.C. [2002] E.W.H.C, 156; [2002] S.T.C. 361, within the feminist legal canon. The case is discussed in the context of the argument of the European doctrine of fiscal neutrality, which dictates that, regardless of legality as amongst member states, if an activity is levied to V.A.T. in one member state, V.A.T. should be levied on it in all member states. The doctrine of sovereignty accepts the possibility that the integrity of the V.A.T. system may be compromised by the levying of tax on illegal activities, in terms of the cooperation between tax and other aspects of the U.K.’s legal system. European law, feminist law, commodification and the marketplace are all considered within the context of these principles. The article also considers the place of Polok within standard feminist texts on prostitution. Different paradigms of prostitution define different aspects of prostitution as ‘problems’, and the article considers the implications within a feminist reconstruction of Polok of this. The article suggests that the challenge for a feminist analysis of Polok is to remain within the realm of European tax and competition law, and to render the perspective of the employees of the Polok taxpayers part of the substance of the deliberations of the case.     

Developmental Benefits of Extracurricular Involvement: Do Peer Characteristics Mediate the Link Between Activities and Youth Outcomes?

In this article, we test: (a) the relation between school-based extracurricular participation and indicators of positive and negative development across a range of activity contexts, and (b) a mediation model linking activity participation, prosocial peers, and development. Extensive survey information was collected from a predominately White sample of middle class adolescents in 9th, 10th, and 12th grades. Extracurricular participation was related to more favorable academic, psychological, and behavioral adjustment; the pattern of findings differed by activity and outcome. In addition, we documented some support for the hypothesis that the link between extracurricular participation and positive adjustment is partly a function of associating with a prosocial peer group. Implications of these findings and suggestions for future research are presented. Assistant Professor of Human Development, Connecticut College. Received her PhD in 1999 from the University of Michigan. Major research interests include motivation, school engagement, extracurricular participation, and adolescent development. MacKeachie Collegiate Psychology Professor, University of Michigan. Received PhD in 1974 from the UCLA. Recent work focuses on ethnicity and the transitions from middle childhood to adolescence and into adulthood.     

Adolescent Boys and Body Image: Weight and Muscularity Concerns as Dual Pathways to Body Dissatisfaction

This research evaluated a dual pathway model for body dissatisfaction among adolescent boys. The study provides empirical support for the importance of distinguishing between weight and muscularity concerns in understanding male body image. A total of 128 boys from grades 8 and 11 completed a self-report questionnaire. Results indicated that weight and muscularity concerns each made unique contributions to body dissatisfaction and were associated with distinct individual and peer context characteristics. Weight concern was associated with elevated BMI and more frequent appearance conversations with friends. Muscularity concern was significantly greater among boys who reported more frequent muscle-building conversations, had lower BMI, and were older. The results support the importance of distinguishing between and assessing both muscularity and weight concerns in the development of body image dissatisfaction among adolescent boys.     

DNA typing: an accessory evidence in doping control

A clear positive case for anabolic steroids doping was confounded by alleged urine tampering during doping control procedures. Review of the chain of custody showed no flaws, but nevertheless the athlete was adamant that the urine sample should be analyzed for DNA in order to support her contention that she was not the donor of the sample. The results obtained showed that the urine sample that scored positive for steroids contained nuclear DNA that could not be matched to the DNA obtained from the athlete's blood. On the other hand, the same urine sample contained mitochondrial DNA whose nucleotide sequences spanning the hyper variable regions HV1 and HV2 proved to be identical to those determined in mitochondrial DNA amplified from the athlete's blood. The occurrence of an extraneous genotype is compatible with exogenous nuclear DNA admixture to the athlete's urine. Alternatively, taking in consideration the mitochondrial DNA, we could not exclude that a sibling or a maternal relative of the athlete could have acted as a donor of the urine utilized for doping control and DNA analysis. Both situations point to possible tampering of the urine by the athlete. Adjudication at CAS maintained previous national and international federation decision that there was no proof of a chain of custody flaw to justify the athlete's allegation of urine substitution after collection.     

Evidence of Atrocities or Atrocious Use of Evidence: The Controversial Use of Atrocity Film at Nuremberg

This article focuses upon the utilisation of film evidence in criminal proceedings. It describes and evaluates the historical deployment of this type of material at War Crimes Trials, with particular emphasis upon the International Military Tribunal established at Nuremberg, in 1945, in the wake of the Second World War. During this Trial, the prosecution placed reliance upon the film, Nazi Concentration Camps, depicting with graphic realism the horrific barbarism of the Nazi regime. However, this was only made possible by the implementation of innovatory evidential procedures, effectively circumventing the hearsay rule. A comparison is drawn between this, and the current position in England and Wales, following the recent relaxation of the traditional embargo upon hearsay evidence. However, film evidence of the type adduced at Nuremberg may be more prejudicial than probative and should such circumstances arise, the interests of justice may not truly be served. Susan Twist is Senior Lecturer in Law at the Lancashire Law School, University of Central Lancashire. smtwist@uclan.ac.uk. The author was assisted in research for this article by the dissertation of Kellie Goggins.