Excessive risk disclosure: the effects of the law on medical practice

This article examines the debate surrounding the challenging concept of informed consent. It argues whilst the English courts have effectively excluded the use of the tort of battery as an appropriate mechanism for protecting a patient's right to self-determination, they have left the law in a state of flux due to the uncertainties associated with categorising similar claims within negligence where the onus is on risk disclosure. This confusion may stem firstly from the fact that medical practitioners are unsure exactly which risks to disclose, and secondly, from the way in which both doctors and patients perceive the consent process. The paper suggests this disorder may be having a detrimental effect on medical practice as medical practitioners are taking it upon themselves to disclose excessive information, which patient's may not want or need. A suggestion is also made that in these situations, in order that the law truly respects self-determination, consideration must be given to the patient's desire to waive their right to informed consent.     

Racial differences in speeding patterns: Exploring the differential offending hypothesis

Purpose

Disproportionate minority contact during traffic stops has been a consistent source of commentary and study in recent years. While various theoretical perspectives have been employed to explain these empirical findings, the differential offending hypotheses has been largely ignored as a viable alternative explanation. Building on existing empirical evidence regarding criminal offending patterns and driving patterns, we examined the veracity of this explanation using data from an observational study of urban driving behavior.

Methods

Data were collected using an observational methodology in an urban environment. These data were then used to estimate various regression models and test the differential offending hypothesis.

Results

Analytic models indicated that Black drivers speed more frequently and engage in more severe speeding compared to White drivers, net of controls.

Conclusions

The findings suggest that citizen risk for specific police behavior is partially attributable to differential behavior prior to the encounter. These results mirror the findings of previous research in other geographic locations using different methodologies; thus, contributing to the conclusion that understanding officer decision-making and behavior requires consideration of other factors beyond a citizen's race.     

Identity-Lineup Location Influences Target Selection: Evidence from Eye Movements

Eyewitnesses often have to recognize the perpetrators of an observed crime from identity lineups. In the construction of these lineups, a decision must be made concerning where a suspect should be placed, but whether location in a lineup affects the identification of a perpetrator has received little attention. This study explored this problem with a face-matching task, in which observers decided if pairs of faces depict the same person or two different people (Experiment 1), and with a lineup task in which the presence of a target had to be detected in an identity parade of five faces (Experiment 2). In addition, this study also explored if high accuracy is related to a perceptual pop-out effect, whereby the target is detected rapidly among the lineup. In both experiments, observers?? eye movements revealed that location determines the order in which people were viewed, whereby faces on the left side were consistently viewed first. This location effect was reflected also in observers?? responses, so that a foil face on the left side of a lineup display was more likely to be misidentified as the target. However, identification accuracy was not related to a pop-out effect. The implications of these findings are discussed.     

‘Our normal is different’: autistic adults’ experiences of the family courts

ABSTRACT

This article reports the findings of a small-scale qualitative study exploring the experiences of autistic adults who have had experience of the family justice system. While participants related some positive elements to their experiences, in particular with regard to the willingness of professionals to try to learn more about their clients’ needs, the overall picture showed significant concerns. The reports given showed significant misunderstandings about autism, and a system which struggled to make appropriate adjustments which would allow autistic court users to have access to justice on an equivalent basis to non-autistic litigants. This situation stands in contrast to the position regarding other disabilities in the Family Justice System, but also to the relatively greater level of provision for autistic people within the Criminal Justice System. Based on participants’ experiences and existing good practice in other areas, we make recommendations that could be adopted by the Family Court and practitioners.     

How do parents experience relocation disputes in the family courts?

Relocation cases are known to be amongst the most difficult decisions for family court judges. This article reports the findings of an empirical study of parents who were involved in relocation disputes, reporting their views on the experience of being involved in one of these difficult cases. We consider the origins of the disputes and parents’ perceptions of how their cases were resolved, as well as some initial discussion of the aftermath of the cases as seen in the first few months.     

青年的概念

文章讨论了"青年"概念的使用和有用性,讨论了年轻人被概念化的方式,探讨了青年向成年过渡的假设,提出将青年概念看作是一个社会过程的观点.青年时期是重要的,它是成年的临界点,同时它又有很大的问题.媒体话语中的青年流行概念不仅再现了青年而且实际上建构了青年的经历和意义.     

Differential taxation of nonprofits and the commercialization of nonprofit revenues

The effects of the favorable tax treatment of nonprofit commercial activities are best understood in a framework that explicitly accounts for a number of interactions. These involve differential taxation of nonprofits and for-profits and of nonprofits’ “related” and “unrelated” activities; the preferences of nonprofit executives who may be averse to commercial activity; donors whose giving may be sensitive to nonprofit organization commercial activity; and cost-complementarities between nonprofit core mission-related activities and their secondary money-raising efforts. Differential taxation encourages nonprofits to pursue otherwise avoided commercial ventures by providing excess financial returns that nonprofits can exploit because of their tax-exempt status. Data from the 1992 Statistics of Income (SOI) public use file of Internal Revenue Service (IRS) Form-990 returns indicate that the propensity of nonprofit organizations to undertake both tax-exempt and taxable activities depends on their primary mission-related output and size, the relative importance of government versus private contributions, and the size of the excess return created by differential taxation of nonprofit and for-profit business. Additional analyses of SOI data also show that organizations that engage in taxable commercial activities are likely to allocate joint costs in ways that reduce, and in most cases eliminate, their taxable income.