Court Management of AIDS Disputes: A Sociolegal Analysis

Historically, disease scares reveal contradictions in the social order. We postulate that courts focus on depoliticizing social tensions revealed by AIDS, legitimating the routines of dominant parties in the AIDS sociolegal network. At the same time, courts deviate from their normal practices try upholding the claims of subordinate parties in this network, particularly people living with AIDS (PWAs) and their allies. Our analysis of 36 AlDS-related court rulings, published during the formative years of AIDS litigation in the United States, supports the notion that courts operate as "double-edged" institutions. To explain the duality of judicial decision making, we concentrate on the powers of social and cultural factors rather than on the doctrinal judgments of the courts. We trace how relational attributes, evident in contestants' characteristics (e.g., plaintiff/defendant, status differentials) and the nature of claims (i.e., restrictive/expansive), combine to account for wins for dominant parties and how other combinations of these attributes define wins for subordinate parties. We also show how judges combine specific interpretational attributes in the text of their rulings (e.g., use of divisive AIDS metaphors, deference to medical authority) to justify wins. We consolidate these findings to discuss how PWAs and their allies might use the courts to their advantage and point out the ways in which the changing epidemiology of AIDS in the United States limits the use of courts.     

The Employment Appeal Tribunal: October 2002-July 2005

The Employment Appeal Tribunal (EAT) has been governed by theEAT Rules¹ since 1993 (amended in 2001), and in 1996, Sir JohnMummery, the then president, issued a Practice Direction whichenshrined the practice that had been developed and honed overthe 20 years of the EAT existence. The changes over the past3 years have now been reflected in the 2004 amendments to theEAT Rules and by two further Practice Directions, first in December2002, to implement the effect of the changes introduced in practiceas from October 2002 and then in December 2004, once they hadbedded in, to adjust to the amended Rules, which had also reflectedthose changes. This article is written for the purpose of summarisingthose changes and reflecting upon their effect.     

见证改变

许多年来,我们所做的一切,就是为了让人们了解,世界各地贫穷的人们都渴望能够得到金融系统的支持。这种支持将改变他们的生活———全球各地的摄影师见证了这一点。世界银行扶贫协商小组(CGAP)是一个独立的政策研究中心,致力于让全球穷人能接触到金融服务。CGAP由30多家发展机构和私人基金支持,共同的目标是消除贫困。CGAP...     

The quantification of fingerprint quality using a relative contrast index

Research into fingermark enhancement techniques has traditionally used visual comparisons and qualitative methods to assess their effectiveness based on the quality of the developed fingermark. However, with increasing research into the optimisation of these techniques the need for a quantitative evaluative method has arisen. Parameters for acceptable fingerprint quality are not well defined and generally encompass clear, sharp edges and high levels of contrast between the fingermark ridges and background material. Using these current parameters, a conclusive measurement of fingerprint quality and thus the effectiveness of development techniques cannot be achieved.This study presents a model through which an aspect of fingerprint quality can be objectively and impartially measured based on a relative contrast index, constructed through measuring the reflective intensity of the fingermark ridges against the background material. Using a fibre-optic spectrophotometer attached to a microscope with axial illumination, the intensity counts of the ridge detail and background material were measured and a logarithmic contrast index constructed. The microscope and spectrophotometer parameters were experimentally tested using a standard colour resolution chart with known reflective properties. The protocol was successfully applied to four sample groups: black inked fingerprints on white paper; latent fingermarks on white paper developed separately with ninhydrin and physical developer; and fingermarks in blood deposited on white tiles and enhanced with amido black. The contrast indices obtained quantitatively reflect the level of contrast and provide an indication of fingerprint quality through a numerical representation rather than previous qualitative methods. It has been suggested that the proposed method of fingerprint quantification may be viable for application in the forensic research arena as it allows the definitive measurement of contrast to aid the evaluation of fingermark detection and enhancement techniques.     

Managing incidental findings in human subjects research: analysis and recommendations.

No consensus yet exists on how to handle incidental findings (IFs) in human subjects research. Yet empirical studies document IFs in a wide range of research studies, where IFs are findings beyond the aims of the study that are of potential health or reproductive importance to the individual research participant. This paper reports recommendations of a two-year project group funded by NIH to study how to manage IFs in genetic and genomic research, as well as imaging research. We conclude that researchers have an obligation to address the possibility of discovering IFs in their protocol and communications with the IRB, and in their consent forms and communications with research participants. Researchers should establish a pathway for handling IFs and communicate that to the IRB and research participants. We recommend a pathway and categorize IFs into those that must be disclosed to research participants, those that may be disclosed, and those that should not be disclosed.     

The hidden cost of some trustees-trustee commissions

There is a widespread variation in trustees’ approachto the taking of commissions for investing trust money and therequirements to disclose these commissions to beneficiaries.The net result is that settlors, beneficiaries and their advisersneed to be aware that a trustee's remuneration may not be clear,even from a set of audited accounts and that there may be arisk of conflict between the trust terms and a duty or regulatoryobligation to disclose.     

Reactions to flag desecration in American society: Exploring the contours of formal and informal social control

Although flag burnings today rarely draw the amount of attention they received in the late 1980s, efforts to protect the flag have persisted for nearly a decade. Accordingly, the flag protection campaign has captured the interest of intellectuals from various academic backgrounds, including political scientists, egal scholars, and journalists. Conspicuously absent from the literature on flag desecration, however, are sociologists and criminologists. Combining historical evidence with recent cases, this article unveils key sociological aspects of social control, including formal and informal responses to flag desecration.