STRICTLY LIABLE: GOVERNMENTAL USE OF THE PARENT–CHILD RELATIONSHIP AS A BASIS FOR HOLDING VICTIMS LIABLE FOR THEIR CHILD'S WITNESS TO DOMESTIC VIOLENCE

Studies estimate that between three and ten million children in the United States witness domestic violence annually. Although studies have demonstrated a co‐occurrence of domestic violence and child abuse, there is no concrete evidence to support the assumption that a child's exposure to domestic violence increases the risk to the child of abuse or neglect. Recently the New York State Court of Appeals determined that a child's witness to abuse does not suffice, in and of itself, to show that removal of the child is necessary or that removal is in the “best interests” of the child. Programs which have developed alternatives to presumptive removal understand the importance of viewing the interests of the battered parent and children as being in accord with each other rather than in opposition. Private and government sponsored programs have demonstrated some success in protecting the parent‐child relationship, ensuring the safety of both parent and child, and increasing accountability of batterers while reducing the necessity for removals. Alternative programs are less costly to the state than foster care, and emotionally less costly to the families.     

The determination of local public expenditures and the principal and agent relation: A case study

The principal and agent relationship is important in the public sector. There, elected or appointed representatives act on behalf of the citizens of their jurisdictions. This paper examines the importance of the budget referendum, which allows the principals to approve or disapprove the proposal of a set of agents, in the context of local public expenditure decisions. We test the null hypothesis that the institution of referendum, when compared to a nonreferendum institution, does not lead to significantly different expenditure behavior.     

Transforming Environmental Governance in Northern Ireland. Part One: The Process of Policy Renewal

As Northern Ireland emerges from decades of conflict, the pressuresfor economic regeneration mean that without fundamental reformsto the region’s system of environmental governance, itslong-awaited sustainable development strategy will be littlemore than a chimera. There is some cause for optimism that theneed for major administrative reform is now understood. Thescale and background of the underlying environmental policymalaise are examined. Only in the last four years, spurred bya combination of the threat of fines before the European Courtof Justice and of the restoration of devolution, has there beena significant effort of environmental law reform, which hasled to a clearing Northern Ireland’s notorious EU legislativebacklog. Real reform in governance, however, will be impossiblewithout a credible champion, and a particular responsibilityfor leadership in policy on the environment and sustainabledevelopment will rest on Northern Ireland’s Departmentof the Environment. Five critical challenges are identifiedif the Department is to be effective in this respect.     

Incestuous paternity detected by STR-typing of chorionic villi isolated from archival formalin-fixed paraffin-embedded abortion material using laser microdissection

Microscopic examination of a blood clot expelled by a physically and mentally disabled woman taken to the emergency room because of genital bleeding revealed the presence of chorionic villi encircled by decidua, hemorrhage, and necrosis. In order to identify the father of the product of conception, sections of formalin-fixed, paraffin-embedded abortion material were subjected to laser microdissection: DNA extraction from chorionic villi selectively isolated from the surrounding tissues allowed successful STR-typing of fetal cells, which was otherwise prevented by excess maternal DNA. The large number of homozygous genotypes in the fetal profile suggested incestuous paternity. Analysis of reference DNA samples from male relatives excluded the woman's father, paternal grandfather, and maternal grandfather, whereas the obligate paternal alleles of the fetus were constantly present in the genotypes of the woman's brother, clearly demonstrating brother-sister incest (probability of paternity > 99.99999%).     

Patterns of influence and response in abusing and nonabusing families

Behaviors of influence and response during a conflict negotiation task were examined in eight physically child abusing, substance abusing families in which the father was the primary abuser and eight demographically matched nonabusing families. Abusing fathers displayed more coercive patterns of influencing behavior and more negative patterns of response to other family members, including both mothers and children. Fewer differences were observed between mothers in the abusing and nonabusing families or in the children's behavior; however, mothers in the abusing families criticized their husbands more and abused children exhibited less agreement and more criticism toward their fathers. In support of Patterson's theory, abusing families exhibited relatively more reciprocated sequences of criticism and relatively fewer reciprocated sequences of agreement as compared to nonabusing families. Findings are discussed in terms of their implications for understanding interaction in child abusing families.     

How jurors construe “insanity”

Historically and currently, jurors who have rendered verdicts in insanity cases have themselves been criticized and maligned-accused of being simplistic and biased, of lacking understanding, and of disregarding or nullifying the judge's instructions. Are the critics right? In this study, 263 mock jurors (141 adults and 122 students) were asked to decide four insanity cases without instructions, using their own best judgment, and to identify the determinative facts for them, and the meaning of those facts. Those determinative factors were then categorized, using a seven construct schema for NGRI and guilty verdicts. The results show that jurors do make discriminations among cases in terms of constructs, and that these constructs are relevant, complex, and flexible; furthermore, the jurors' lay constructs of insanity are more complex than the legal constructs of insanity. The “simplism,” it seems, lies not with the jurors but with the insanity tests.     

Fat and the law: who should take the blame?

The incidence of obesity in both adults and children is rising at a rapid rate in most developed countries, including in Australia. Some obese people are seeking to place the blame for their condition on the fast-food industry, as demonstrated by the recent litigation in the United States brought by two obese plaintiffs against McDonald's. This litigation was unsuccessful, and on existing Australian negligence principles any similar litigation commenced here is likely to suffer the same fate. Principles of personal responsibility, autonomy and free will should prevail to deny a negligence claim. The risk of obesity and concomitant health problems from eating fast food to excess is an obvious risk which the plaintiff should not have ignored and which he or she has voluntarily assumed. It is for the Australian Government, not the courts, to regulate the behaviour of the fast-food industry. The government should take action by requiring all major fast-food chains to label their products with nutritional information, and by imposing restrictions on the advertising of food to children.