Tort Law Culture: Image and Reality

This article highlights two contrasting images of tort. The first reflects the traditional portrayal of justice, depicting tort as an independent ‘natural’ system of rules of universal application forming the foundation of a just society. The second is more recent and relates to the perceived development of a damaging compensation culture. Focusing on personal injury litigation, we show how these portrayals differ from the reality of tort. In practice it is heavily influenced by institutional arrangements: the importance of both welfare provision and liability insurance is highlighted, and the effects of a ‘no‐win no‐fee’ claims market are examined. The operation of tort is very much affected by commercial interests and the economic demands of the institutions which surround it. Overall we conclude that the images of tort fail to reflect how the personal injury compensation system actually operates.     

Influences of Childhood Abuse on Parenting Perspectives of Pregnant Cohabitors

Using thematic analysis, we examine the effects of childhood abuse regarding parenthood for pregnant cohabitors from qualitative interviews. Participants (N?=?18; 10 women and 8 men) recalled childhood abuse during the Adult Attachment Interview. Three themes emerged: (1) “Learning what not to do,” whereby abuse is discussed as something not to continue, and harmful toward children; (2) “Use but modify parents’ discipline,” whereby individuals state that they will employ methods of their parents, but in ways different for their children; and (3) “Ambiguous,” whereby discussions are unclear and confused about how the abuse will affect their parenting. These results suggest that even when pregnant cohabitors want to parent differently than their own parents, they may not have relevant models or skills. For practitioners, we suggest interventions aimed at providing alternative models for how to parent, and effective and appropriate disciplining methods, as ways to deter intergenerational abuse.     

Prospective effects of method of coercion in sexual victimization across the first college year

Women who enter college with a sexual victimization (SV) history may be at particular risk for deleterious outcomes including maladaptive alcohol involve posttraumatic stress, and re-victimization. Further, pre-college SV may be an impediment for the achievement of academic mile and may negatively impact the transition into college. Recent work shows that the method of coercion used in SV may be an important predictor of post-victimization outcomes. As such, the identification of pathways between type of SV and outcomes can aid in early identification and intervention for those at highest risk. In a sample of newly-matriculated female college students, this study examined unique outcomes associated with two specific types of SV, (1) threats/use of physical force (Force SV) or (2) incapacitation (Incap SV). Participants completed assessments of SV, alcohol involvement, posttraumatic stress, and academic outcomes at 6 time-points over their first year of college. Results showed differential outcomes based on pre-matriculation exposure to Force SV or Incap SV. Women with Incap SV were higher on problem drinking indices whereas women with Force SV were at greater risk for re-victimization and marginally more PTSD symptoms. Having a history of either type of SV predicted attrition, but there were no differences when comparing Force SV to Incap SV. Overall, results from this study support the utility of delineating SV experiences by method of coercion, and point to the potential of highlighting different outcomes in tailored intervention programs.     

The fallacy of the two-minute acid phosphatase cut off

Research was carried out to determine whether the likelihood of obtaining a positive Acid Phosphatase (AP) test result is affected by the make and type of paper used. Also, we aimed to investigate the frequency of AP positive reactions occurring after 2min using a series of known semen dilutions and to determine whether spermatozoa transfer onto the paper during the act of AP screening. In this research, most brands of paper tested were able to detect a 1 in 40 semen dilution within 2min. Leaving AP test papers for longer will allow the detection of greater dilutions of semen and as the amount of ejaculation is not reliably known in most casework situations and levels of AP activity can vary in different men, this will increase the seminal detection rate in sexual offence allegations.     

Sexual Revictimization Among College Women: A Review Through an Ecological Lens

This paper reviews factors at the individual, microsystem, meso/exosystem, and macrosystem levels that contribute to sexual revictimization among college women. Potential implications for reducing sexual revictimization on campuses via multilevel targeting of interventions is then discussed. This review reveals that despite a need for additional work examining the influence of multiple interacting factors contributing to revictimization, extant work offers insights as to how colleges can develop comprehensive programs to reduce sexual revictimization. Such programming would not only improve institutional responses to sexual violence, but also serve as a model for reducing general cultural acceptance of the perpetration of sexual assault.     

Child Development and Migrant Transnationalism: The Health of Children Who Stay Behind in Ghana and Nigeria

This paper examines the relation between parental migration and children’s health in Ghana (N = 2760) and Nigeria (N = 2168) and considers four dimensions of parental migration: the type of separation, parental migration and the caregiver, stability of care arrangements, and the availability of remittances. By employing an ordered scale of children’s self-rated health, we found that children with international migrant parents who are divorced/separated are less likely than children in non-migrant families to have good health. The magnitude of the effects are higher in Nigeria, attesting for a greater vulnerability of Nigerian children in divorced migrant families. Among children with parents living abroad who are stably married, specific dimensions of children’s transnational life are associated with negative health, while others are not. This study highlights the sensitivity of results to the context of parent-child separation and to the transnational dimension being measured.     

Vietnam's Better War

When General Creighton Abrams took command of U.S. forces in Vietnam a better war resulted from his superior understanding of the war and more effective conduct of it, including improvement of South Vietnam's armed forces and emphasis on pacification. As American forces were progressively withdrawn, the South Vietnamese took on more and more of the load, winning the counterinsurgency war and fighting valiantly and effectively against the enemy's conventional invasion until the United States Congress drastically reduced materiel and financial assistance at the same time communist forces received massively increased support from their patrons. Thus, inevitably, South Vietnam succumbed.