Online collaboration as a pedagogical approach to learning and teaching undergraduate legal education

Legal education is in a period of rapid development driven by changing industry demands and developing technologies. This paper will describe an innovative pilot study which utilises new technologies to provide an alternative mode of teaching and learning to meet growing industry demands for graduates who are technologically savvy and have strong communication and collaboration skills. The pilot study redesigns a law unit combining a more traditional approach with an approach in which online collaboration is critical to student learning as a teaching and assessment tool. After completing an online collaborative activity as part of their assessment for the unit, students completed an online survey to identify their perspectives of the online collaborative experience. The online survey data was analysed to identify common themes and the experiences of students are shared in this paper. The paper provides an example of how instructors might take advantage of a learning design process, online tools and infrastructure to develop educational experiences which promote communication and collaboration within the law discipline. It will also include five recommendations to consider when including online collaboration in unit design for law students.     

MARKETIZED MENTALITY,COMPETITIVE/EGOISTIC SCHOOL CULTURE,AND DELINQUENT ATTITUDES AND BEHAVIOR: AN APPLICATION OF INSTITUTIONAL ANOMIE THEORY*

We analyze the individual‐level and school‐level determinants of delinquency through the lens of a macro‐sociological theory of crime—institutional anomie theory (IAT). The concept of a “marketized mentality” is introduced as a predictor of students’ delinquency, along with an egoistic/competitive school culture—a feature of the school community. Five hypotheses pertaining to the readiness to use violence and self‐reported delinquency were assessed using multilevel modeling with data from a survey in Germany for 4,150 students clustered in 69 schools. The results largely meet theoretical expectations. The measure of marketized mentality exhibits robust relationships with both forms of delinquency at the individual level, and an egoistic/competitive school culture helps explain variation in levels of these forms of delinquency across schools. Also consistent with expectations, the anti‐social effects of marketized mentality are accentuated for both the readiness to use violence and committing instrumentally motivated property offenses as a competitive/egoistic school climate increases. The results of our analyses reveal that bringing in concepts of IAT can appreciably enhance understanding of the characteristics of students and features of communal school organization that are conducive to youthful offending.     

Evaluation of Commercial‐off‐the‐Shelf Materials for the Preservation of Bacillus anthracis Vegetative Cells for Forensic Analysis,

Environmental surface sampling is crucial in determining the zones of contamination and overall threat assessment. Viability retention of sampled material is central to such assessments. A systematic study was completed to determine viability of vegetative cells under nonpermissive storage conditions. Despite major gains in nucleic acid sequencing technologies, initial positive identification of threats must be made through direct culture of the sampled material using classical microbiological methods. Solutions have been developed to preserve the viability of pathogens contained within clinical samples, but many have not been examined for their ability to preserve biological agents. The purpose of this study was to systematically examine existing preservation materials that can retain the viability of Bacillus anthracis vegetative cells stored under nonpermissive temperatures. The results show effectiveness of five of seventeen solutions, which are capable of retaining viability of a sporulation deficient strain of B. anthracis Sterne when stored under nonrefrigerated conditions.     

The Process is the Punishment: Criminal Libel and Political Speech in Canada

The number of U.S. states with criminal libel laws has been steadily declining since the 1960s, and the offense has been struck down in the United Kingdom and several former British colonies. In Canada, however, criminal libel not only continues to exist, but appears to be enjoying a resurgence, albeit one that has flown beneath the radar of Canadian lawyers, judges, and journalists, who frequently assert that criminal libel prosecutions are rare. The research reported in this article found more than 400 prosecutions since the beginning of the twenty-first century. While many of these cases were brought against people who disseminated sexual slurs against former romantic partners, in a substantial number of cases criminal libel law was used to punish citizens’ political speech, particularly speech critical of police or other justice system officials, a use wholly inconsistent with the Canadian Charter of Rights and Freedoms.     

Social capital in Scottish and Danish neighbourhoods: paradoxes of a police–community nexus at the front line

Community-oriented social capital strategies and punitive-oriented policing approaches conflict. Establishing local networking initiatives with community-oriented policing at the centre lends itself to an assets-based policing approach, based on honouring, mobilizing and extending the assets of community members. Scholars argue about the need for comparative research on convergences and divergencies across subcultures on the streets and communities. Based on qualitative data gathered from working class communities in Scotland and Denmark in 2014, the article draws inspiration from community-generated theory of social capital to explore the micro-sociology of experiences and understandings about community–police integration policy initiatives. We use this perspective to argue that the building of positive inter-generational and police–community relationships is the result of social exchanges and officers’ use of what we call ‘constructive investment strategies’. Ironically, our insights from Scotland to Denmark also suggest what appear as positive achievements of community policing may instead intensify residents’ negative perceptions of police officers and organizations. In this way, the article illuminates the tangled and conflicted nature of these embedded symbolic interactions, social capital formations and the latter’s form as a potential positional and ‘tribal’ commodity.     

A prospective study of pathways to hospital readmission in Canadian forensic psychiatric patients

Individuals admitted to secure care often experience lengthy hospitalizations and are likely to be admitted on more than one occasion. In the context of growing demand and costs associated with secure care, the current study investigates the frequency and reasons for readmission among 87 forensic patients recently discharged into the community. We identify risk factors that are associated with the likelihood of readmission and describe areas of overlap and discordance with the existing literature in civil and forensic samples. Using a prospective design that included patient follow-up interviews and records review, we found that 28% of patients were readmitted on one or more occasions over a 12-month period. Psychiatric decompensation, substance use, and treatment non-adherence were the central reasons prompting readmission. Patients with one or more readmissions were found to have spent significantly more time in the forensic mental health system as compared to patients not readmitted. They were more likely to have a substance use disorder and were estimated to be at higher risk for violence. Results replicate the finding of low rates of serious violence and reoffending among discharged forensic patients, and substantiate the centrality of substance use as a growing and clinically important treatment issue.     

The Language of Miranda Warnings in American Jurisdictions: A Replication and Vocabulary Analysis

Miranda warnings are remarkably heterogeneous in their language, length, and content. Past research has focused mostly on individual Miranda warnings. Lacking in generalizability, these studies have limited applicability to both public policy and professional practice. A large-scale survey by R. Rogers et al. [2007b, Law and Human Behavior, 31, 177-192] examined Miranda warnings from across the United States and documented striking differences in the length, content, and reading comprehension. In moving from single jurisdiction studies to nationally representative research, the replication of the Rogers et al. survey is essential. With an additional 385 general Miranda warnings, most of the original findings were confirmed; this replication allows Miranda researchers to use findings based upon nationally-representative warnings for their subsequent research. Beyond reading comprehension, the study makes an original contribution to the understanding of Miranda vocabulary that is often infused with abstruse words and legalistic terms. It provides the first analysis of sentence complexity, which affects both Miranda comprehension and retention. As a result of these analyses, preliminary guidelines are provided for increasing the comprehension and understanding of Miranda warnings.     

Institutional constraints on cabinet formation: Veto points and party system dynamics

Research on government formation in parliamentary democracies has presented contradicting evidence on the role of political veto institutions and parliamentary polarization on the formation of cabinet types. Institutional rules may either provide significant leeway for political parties or seriously constrain them when forming sustainable coalitions. In contrast to previous studies we argue that the effect of political institutions is conditional on the degree of polarization in parliament. We test our hypotheses using original data on 842 cabinet formations in 33 advanced democracies between 1945–2018. In line with previous research, we find that the institutional rules have a pronounced effect on the type of cabinet formed, but that institutional rules moderate the effect of party system polarization. Thus, our findings provide important new insights on cabinet formation which are particularly relevant for today's increasingly polarized parliaments.     

Assaultive behavior in state psychiatric hospitals: differences between forensic and nonforensic patients

Forensic patients are occupying an increasingly large number of beds in state psychiatric hospitals. The presence of these mentally ill offenders has raised concerns about the risk they present to nonforensic patients. This study compared the rate of assaults and factors associated with assaultive behavior among 308 nonforensic patients and two groups of forensic patients including 469 patients found not guilty by reason of insanity and 76 pretrial patients. Consistent with other studies, nonforensic patients had higher rates of assaults than either group of forensic patients. However, being a forensic patient did not affect the odds of assault when controlling for the effects of demographic and clinical variables in a multivariate logistic regression analysis. Factors associated with assaults in each of the three patient groups were identified using multivariate analyses. Implications are presented for treatment of assaultive behavior, mixing of forensic and nonforensic patients within state hospitals, forensic release policies, and future research.     

Performance characteristics of the Cozart RapiScan Oral Fluid Drug Testing System for opiates in comparison to ELISA and GC/MS following controlled codeine administration

Oral fluid is an interesting alternative matrix for drug testing in many environments, including law enforcement, workplace drug testing, and drug treatment facilities. Performance characteristics of the FDA-cleared, qualitative, Cozart RapiScan Opiate Oral Fluid Drug Testing System (Opiate Cozart RapiScan System or Opiate CRS) were compared to the semi-quantitative Cozart Microplate EIA Opiate Oral Fluid Kit (Opiate ELISA) and to gas chromatography/mass spectrometry (GC/MS). The following oral fluid opiate cutoffs were evaluated: the GC/MS limit of quantification (LOQ) of 2.5 mg/l; 15 microg/l currently used for oral fluid testing in the United Kingdom (UK); 30 microg/l (Opiate CRS cutoff); and 40 microg/l, the proposed Substance Abuse and Mental Health Services Administration (SAMHSA) cutoff. Subjects provided informed consent to participate in this IRB-approved research and resided on the closed research ward throughout the study. Three oral codeine doses of 60 mg/70 kg were administered over a 7-day period. After a 3-week break, subjects received three doses of 120 mg/70 kg within 7 days. Oral fluid specimens (N = 1273) were analyzed for codeine (COD), norcodeine (NCOD), morphine (MOR) and normorphine (NMOR) by GC/MS with an LOQ of 2.5 microg/l for all analytes. MOR and NMOR were not detected in any sample; 26.5% of the specimens were positive for COD and 13.7% for NCOD. Opiate CRS uses a preset, qualitative cutoff of 10 microg/l; this is equivalent to 30 microg/l in undiluted oral fluid as the oral fluid collection process involves a 1:3 dilution with buffer. Sensitivity, specificity, and efficiency of Opiate CRS compared to Opiate ELISA were 98.6, 98.1, and 98.2% at a 30 microg/l cutoff and 99.0, 96.2, and 96.6% at a 40 microg/l cutoff. Compared to the much lower GC/MS LOQ of 2.5 microg/l, sensitivity, specificity and efficiency were 66.8, 99.3 and 90.7%. Increasing the GC/MS cutoff to the current UK level yielded performance characteristics of 81.5% (sensitivity), 99.3% (specificity), and 95.4% (efficiency). Using a GC/MS cutoff identical to the preset Opiate CRS cutoff yielded sensitivity, specificity, and efficiency of 88.5, 99.2, and 97.5%, respectively. At the proposed SAMSHA confirmation cutoff of 40 microg/l, sensitivity increased with little change in specificity and efficiency (91.3% sensitivity, 98.9% specificity, and 97.5% efficiency). Oral fluid is a suitable matrix for detecting drugs of abuse. Opiate CRS, with a 30 microg/l cutoff, is sufficiently sensitive, specific and efficient for oral fluid opiate analysis, performing similarly to Opiate ELISA at the same cutoff, and having performance characteristics >91% when compared to GC/MS at the proposed SAMHSA cutoff.