Just When You Thought You Understood New Jersey Allocation Law: Implications,Limitations, and Complications in Applying Farmers Mutual Fire Ins. Co. of Salem v. New Jersey Property-Liability Ins. Guar. Ass’n

The New Jersey Supreme Court's recent decision in Farmers Mutual Fire Insurance Company of Salem v. New Jersey Property-Liability Insurance Guaranty Association holding that a 2004 statutory amendment requires all solvent triggered liability policies be exhausted before the Guaranty Association pays statutory benefits for an insolvent's share has created many uncertainties in allocating long-tail liabilities. This article discusses the implications and the significant limitations of the Farmers Mutual decision and the questions it leaves unanswered, and responds to arguments that the decision supports revisiting other situations where New Jersey's Owens-Illinois methodology allocates losses to the insured.     

The power of policing partnerships: sustaining the gains

Objectives

Third Party Policing (TPP) involves partnerships between police and third parties where the legal powers of third parties are harnessed to prevent or control crime problems. This paper explores the characteristics and mechanisms of TPP as a crime control strategy, focusing on how the partnership approach in policing can help sustain crime control gains over the long run. Using the ABILITY Truancy Trial as an example, I examine how policing can contribute to long-term social change for high-risk young people living in poor-performing school districts and high-risk communities.

Methods

The ABILITY Trial includes 102 young truants randomly allocated to a control (business-as-usual) or an experimental condition. The experimental condition activates the key theoretical components of Third Party Policing (TPP): a partnership between police and participating schools that activates and escalates (where needed) jurisdictional truanting laws (the legal lever).

Results

The paper presents a theoretical discussion of TPP and uses the ABILITY Trial to highlight the way TPP works in practice. Baseline data are presented for the ABILITY Trial. Outcome results are not presented.

Conclusions

Third Party Policing partnerships rest on the capacity of police to build relationships with third parties who have a stake in the crime problem, who possess responsive regulation legal levers, and who have a clear mandate to offer long-term solutions and help sustain the crime control gains. Partnerships, I argue, offer long-term solutions for police because they activate latent mechanisms, building the capacity for third parties to both maintain short-term gains and sustain the crime control gains beyond the lifespan of the initial police intervention.     

The Process of Leaving an Abusive Relationship: The Role of Risk Assessments and Decision-Certainty

Seventy female residents of an urban domestic violence shelter were interviewed to examine a series of hypotheses concerning two factors relevant to the process of leaving an abusive relationship: risk assessments and decision-certainty. Participants' subjective estimates of their own risk of returning to the batterer were examined relative to their perceptions of the likelihood that most battered women will return to the batterer, their certainty regarding the decision to leave the batterer, and their status on known risk factors for returning to an abusive relationship. As hypothesized, battered women's perceptions of personal risk for returning to the batterer were biased by unrealistic optimism; specifically, personal risk was estimated as significantly lower than the risk of most battered women and was not correlated with actual risk factors. Further, the magnitude of the optimistic bias was significantly greater among women expressing high certainty about their decision to leave than among women who expressed less certainty. The clinical implications of these findings are discussed.     

Protecting Eyewitness Evidence: Examining the Efficacy of a Self-Administered Interview Tool

Given the crucial role of eyewitness evidence, statements should be obtained as soon as possible after an incident. This is not always achieved due to demands on police resources. Two studies trace the development of a new tool, the Self-Administered Interview (SAI), designed to elicit a comprehensive initial statement. In Study 1, SAI participants reported more correct details than participants who provided a free recall account, and performed at the same level as participants given a Cognitive Interview. In Study 2, participants viewed a simulated crime and half recorded their statement using the SAI. After a delay of 1 week, all participants completed a free recall test. SAI participants recalled more correct details in the delayed recall task than control participants.     

Gender Inequality and Patterns of Abuse Post Leaving

Drawing on Connell’s (Gender and power: Society, the person and sexual politics. California: Stanford University Press, 1987; Masculinities. Berkeley, CA: University of California Press, 1995) model of gender relations, this paper examines patterns of intimate partner violence among women who have recently left an abusive partner. In so doing, we attempt to better understand the social structural factors that shape the relations of power and control in intimate violent heterosexual unions. The data come from the first wave of a longitudinal prospective survey of 309 women who had left an abusive partner in the previous 3 years. Our data suggest that structured relations of inequality, namely relations of production, power and cathexis, shape women’s risk of abuse and harassment after leaving, and do so in ways that shape relations of coercive control. These results have implications for understanding the social context within which male violence against women occurs, and how this context constrains and/or enables women’s strategies for leaving and safety. This research was funded by the Canadian Institutes of Health Research (CIHR) New Emerging Team Grant #106054 and Institute of Gender and Health Operating Grant #15156 (Marilyn Ford-Gilboe, Principal Investigator). The authors thank the participants in the Women’s Health Effects Study. We also thank Julie McMullin, Kim Shuey, and the Health Effects research team for their helpful feedback.