State Executive Orders: Nuance in Restrictions,Revealing Suspensions,and Decisions to Enforce

In the absence of a large-scale federal response to the COVID-19 pandemic, state and local elected officials have enacted executive orders that include restrictions on public liberties as well as the suspension of rules and regulations. While these restrictive policy actions have received extensive media attention, the suspensions, including regulatory rollbacks, waivers, and extensions, are lesser known. This Viewpoint essay offers insight from a working database that captures the nuance and variation across restrictions, suspensions, and enforcement mechanisms being utilized at the state level.     

Killing in defence of property

This article comprises a study of several approaches by member states of the Commonwealth on the question of when, if ever, it is permissible to kill in defence of property. Arising from this study, the suggestion is made that the law should recognise a right to apply fatal force where the danger includes a combination of a threat to property and to the person. Furthermore, the law should recognise a partial defence to murder where excessive force has been used in defence of property.     

Risk management in gathering economies

This article extends the literature on the interplay of environmental risk and welfare into the setting of coastal fisheries gathering. It reviews the sources of covariate and idiosyncratic production risk creating income shocks to gatherers and discusses the institutions that best mediate shocks across different settings. We rely upon a principal-agent framework between larva-gathering agents employed by boat-owning principals who supply seed to shrimp farms. Two datasets from a Central American fishery are used to test the hypotheses concerning contractual performance across environments. Which contract provides the highest mean income (and variation) depends upon the underlying production catch data. In the farm production records dataset with strong catch trends, a simplified relative payments contract would perform better in reducing income risk in locations of stronger covariate shocks, but at the price of significantly lower mean earnings for gatherers. In areas of idiosyncratic shocks, such as localised water pollution, piece-rate contracts would perform better. Objective risk exposure to gatherers was lower under relative payments, supporting the hypotheses. Actual results in the Honduran case were conditioned by imperfect labour markets and the substitutability of hatchery larva.     

Shaming and Employer Social Insurance Compliance Behaviour in Shanghai

Social security regimes must be underpinned by enforcement mechanisms designed to compel employers to fulfil their contribution requirements. In this paper we extend debate on China's social security system by discussing whether the inclusion of re-integrative shaming in the repertoire of mechanisms the state utilises to enforce employer compliance is likely to prove effective. Drawing on audited data provided by the Shanghai Bureau of Labour and Social Security and on interviews with employers and Bureau staff we argue that though shaming has the potential to become an important social security enforcement mechanism in China, optimism that this will occur in the near future is not justified.     

The Consequences of the COVID-19 Lockdown on Stalking Victimisation

Stalking involves repeated unwanted communication, harassment, and intrusive behaviour. This brief report draws on a service evaluation undertaken immediately prior to and during the 2020 COVID-19 crisis. The pandemic creates a paradox when considering safety in the home, but it is important to recognise the dangers this presents to many victims of stalking. The information presented in this report is based on existing literature and early evidence from semi-structured interviews and discussions with 15 victims and six practitioners. Whilst lockdown measures might appear to be a time when victims are less accessible to their stalkers, early evidence from this study suggests that their vulnerability is increased. Technology has helped to facilitate stalking behaviours by providing stalkers with new approaches to control, humiliate, threaten and isolate their victims. Some lockdown restrictions have provided increased opportunities for stalkers to monitor their victims and the professional uncertainty and recognition around stalking has continued, coupled with delays in the criminal justice system. The COVID-19 crisis has reversed gains made by stalking victims and has imprisoned some victims in their homes making their whereabouts easier to monitor. Stalking behaviour has not ceased as a result of the COVID-19 restrictions and the risk of harm to victims remains significant. Effective practice, policy and legal responses are required for both the victims and perpetrators of stalking during the pandemic and afterwards.

     

Deaths associated with choking in San Diego county

Death from choking is the fourth most common cause of unintentional-injury mortality, but little data are published on causes or locations of these episodes. These deaths typically are peaked at the extremes of age, with young children and the elderly having the greatest rate of fatal choking. Our objective was to characterize the causes of fatal airway obstruction in adults. The San Diego County Medical Examiner's database was searched for deaths attributed to choking in decedents 18 years and older during the 10-year period from 1994 to 2004. Data were abstracted regarding the underlying medical conditions, items choked on, location of the choking, and treatments involved in the individual cases. We found 133 victims who died from choking, with 14% having using alcohol or other sedatives and 55% having a documented neurological deficit or anatomic difficulty with swallowing. The most common specified food objects that victims choked on were meat products, and 45% occurred at home, followed by 26% at supervised facilities, and 14% at restaurants. Of the 19 choking episodes occurring in restaurants, only one employee was documented to attempt a resuscitative effort. Most victims who choked to death had an underlying neurological deficit, and occurred at home or supervised facilities appear to have an appropriate initial-response intervention.     

Fatal positional asphyxia associated with rollover crashes

Motor vehicle rollover crashes result in complex occupant kinematics with the potential for severe injury. Five cases of fatal asphyxia in occupants suspended from their safety belt upside down after a rollover crash are presented. These fatalities accounted for 13.5% of all motor vehicle related asphyxia deaths in San Diego County over a 10-year period. This study supports previous research noting that incapacitation due to other injuries, alcohol, or obesity may be associated with fatal positional asphyxia due to inversion during rollovers. Safety belts are proven to prevent serious injury in motor vehicle crashes and should always be worn. However, redesign of the buckle could be considered to permit easier release by an occupant. We also suggest that pre-existing heart disease may contribute to the possibility of a fatal asphyxia outcome. Although this is a rare cause of motor vehicle related death, our results suggest that these are potentially preventable deaths.