Revisiting the legal standards that govern requests to sterilize profoundly incompetent children: in light of the "Ashley Treatment," is a new standard appropriate?

This Note discusses the recent controversy surrounding a six-year-old girl named Ashley, whose parents chose to purposefully stunt her growth and remove her reproductive organs for nonmedical reasons. A federal investigation determined that Ashley's rights had been violated because doctors performed the procedure, now referred to as the "Ashley Treatment," without first obtaining a court order. However, the investigation did not make any conclusions regarding whether the "Ashley Treatment" could present a legally permissible treatment option in the future. After discussing the constitutional rights that the "Ashley Treatment" implicates and the current legal standards in place, this Note examines how courts have applied these legal standards to cases involving extreme requests. Drawing upon legal commentators, this Note concludes that a court could approve a request for the "Ashley Treatment" in appropriate and limited cases where the parents have presented clear and convincing evidence before a court that the benefits that the "Ashley Treatment" would provide to the child and her family outweigh the risks associated with the procedure. This Note argues that those benefits may include extrinsic considerations, but courts should remain cautious when considering such evidence and be sure that the evidence as a whole supports their conclusions.     

How women use family networks to facilitate migration: A comparative study of Irish and Polish women in Britain

Within migration studies there has been a tendency to focus on a single case study of a particular national group. Adopting a comparative approach may raise new and interesting questions or challenge conventional thinking on migration. While on the surface, at least, Irish and Polish migrants would appear to have many commonalities, there has been surprisingly little comparative analysis of these two groups. Drawing on my own research on these migrants in the British context, I focus on women as a large but under-researched aspect of both groups. This paper suggests ways in which such a comparison could be undertaken by using social networks as a useful comparative tool. A social networks perspective not only allows a probing analysis of migration strategies, but also provides a framework within which to compare across different migrant groups, such as for example, examining the role of family networks (here and there) in migration processes. In addition, this approach enables an examination of dynamism over time and how migrants develop relationships within spatially dispersed as well as locally embedded ties.     

The Rigor of Research Design and “Forensic” Publications in Neuropsychological Research

Seven neuropsychology journals that publish on topics relevant to clinical neuropsychology were examined for their experimental rigor according to the standards of the American Academy of Neurology (AAN) in their Clinical Practice Guidelines. By using a keyword approach on topics relevant to forensic neuropsychology, all articles that reported empirical findings from 2003 through 2008 were identified. Each study was rated by AAN classification criteria that ranged from a level I classification (prospective, most rigorous, and independent) to level IV (least rigorous). The typical forensic neuropsychological study averaged a class III ranking. Few studies were based on large sample sizes or utilized a reported masking or blind technique with regards to subject selection and how diagnostic criteria were met and/or data analyzed. While the authors for the average study reported a university affiliation, few reported explicit Institutional Review Board statements. Considerable variability across these seven journals with regards to conflict of interest (COI) disclosure policies was observed and only a few studies reported explicit statements about funding or COI issues. These observations suggest that neuropsychological research on forensic topics currently has many limitations and that future research needs to address these issues.     

Functional MRI Detection of Deception After Committing a Mock Sabotage Crime*

Abstract: Using Blood Oxygen Level Dependent (BOLD) functional MRI (fMRI) to detect deception is feasible in simple laboratory paradigms. A mock sabotage scenario was used to test whether this technology would also be effective in a scenario closer to a real‐world situation. Healthy, nonmedicated adults were recruited from the community, screened, and randomized to either a Mock‐crime group or a No‐crime group. The Mock‐crime group damaged and stole compact discs (CDs), which contained incriminating video footage, while the No‐crime group did not perform a task. The Mock‐crime group also picked up an envelope from a researcher, while the No‐crime group did not perform this task. Both groups were instructed to report that they picked up an envelope, but did not sabotage any video evidence. Participants later went to the imaging center and were scanned while being asked questions regarding the mock crime. Participants also performed a simple laboratory based fMRI deception testing (Ring‐Watch testing). The Ring‐Watch testing consisted of “stealing” either a watch or a ring. The participants were instructed to report that they stole neither object. We correctly identified deception during the Ring‐Watch testing in 25 of 36 participants (Validated Group). In this Validated Group for whom a determination was made, computer‐based scoring correctly identified nine of nine Mock‐crime participants (100% sensitivity) and five of 15 No‐crime participants (33% specificity). BOLD fMRI presently can be used to detect deception concerning past events with high sensitivity, but low specificity.     

Victimization as a cause of delinquency: The role of depression and gender

Victimization as a correlate of delinquency has been largely neglected in the criminological literature, despite research on Agnew's general strain theory (GST) suggesting that victimization is a type of strain likely to cause delinquency (Agnew, 2002). This study examined the role of depression and gender as potentially indispensable mechanisms in the victimization-delinquency relationship. Findings indicated that victimization has a positive effect on both delinquency and depression, and consistent with a GST explanation, the connection between victimization and delinquency is most pronounced for males with trait depression. This study added to the GST literature by distinguishing between trait and state emotion and by delineating GST predictions regarding each emotional form.     

The testosterone–cortisol ratio: A hormonal marker for proneness to social aggression

Social aggression is an escalating hazard for individuals and society. It is most frequently observed as impulsive–reactive aggression in antisocial personality disorder (APD), but in psychopathic aggressive personalities instrumental social aggression is more prominent. However, the psychobiological mechanisms underlying human social aggression are still poorly understood. Here we propose a psychobiological mechanism that may explain human social aggression wherein the steroid hormones cortisol and testosterone play a critical role. High levels of testosterone and low levels of cortisol have been associated with social aggression in several species but it seems that in those individuals wherein these hormonal markers combine social aggression is most violent. In this review we discuss fundamental and clinical research which underscores the potential of the testosterone–cortisol ratio as a possible marker for criminal aggressive tendencies.     

Teaching collaborative problem-solving skills to law students

This article describes and critically evaluates a collaborative dispute resolution activity conducted in a mid-degree law subject at an Australian university. Australian law degrees are required to be vocational. Teaching problem-solving to law students is an effective way to impart key professional skills. However, it requires planning and preparation. It is therefore important to reflect on whether the aims of the activity have been achieved. In particular, three ideas about what constitutes good teaching are explored. The first is that good teachers do not simply deliver content – they give their students problems to solve. The second is the expectation employers have that law graduates will readily collaborate with their colleagues. Finally, giving students an opportunity to reflect on what they have learned will enable students to transfer what they have understood and articulated to legal practice. By delineating each of these three teaching aims, it is possible to assess the value and effectiveness of the problem-solving activity. This paper also reflects on the positive impact that is achieved when authentic and ethical legal processes are embedded into student-centred learning.     

Validation of Toolmark Comparisons Made At Different Vertical and Horizontal Angles

Numerous studies have focused on determining whether objective statistical methods can be used to discriminate between known matches and nonmatches when comparing laboratory prepared toolmarks. This study involved an analysis of striated toolmarks made as a function of varying vertical and horizontal angles of attack. Comparisons based on experimental data show that replicate toolmarks from the same tool show high correlation values at identical vertical and horizontal angles, with the correlation decreasing as the angular difference increases, especially for horizontal angular changes. Comparisons between nonmatching samples produce low correlation values that remain unchanged as horizontal angular differences increase. While complete statistical separation was not achieved between matching and nonmatching samples, there is evidence demonstrating that toolmarks can be identified if the variation in horizontal angle is within 10°. The experiment shows that computer‐aided comparison techniques could be viable for identification with the proper statistical algorithm.     

Being Ms B: B, autonomy and the nature of legal regulation

In this article, we question the apparent simplicity of medical law's construction of 'life and death' cases as a clash between the sanctity of life principle and patient autonomy. Our main purpose in doing so is to try to understand more fully the nature of law's regulation of the existence and non-existence of life. Specifically, we argue that, by broadening the understanding of autonomy in this area beyond a simple concern for patients' rights and self-determination, to include a focus on the individual generally, it becomes possible to identify some of the legal practices that are central to the manner in which law regulates the threshold between life and death. Through an analysis of a recent case in English law--Re B (an adult: refusal of medical treatment)--(although Australian jurisdictions presently disclose no similar, authoritative case, ours presently is almost an arbitrary choice)--we demonstrate the central role played in this regulation by tests for mental capacity, questions of character, explanation, and imagination. We conclude that medical law, at least in this context, can be theorised as a normalising practice--one in which the determination of norms often occurs through patients.