Rights and Relativistic Justifications: Replies to Kasachkoff and Husak

Law and Philosophy -     

The Notion of Consent to Sexual Activity for Persons with Mental Disabilities

This paper seeks to examine the notion of consent to sexual activity as it is applied to situations involving persons with mental disabilities both by both medical professionals and the law. This will be achieved by analysing sexuality and consent through the lens of disability theory and subsequently by including feminist theories on the notion of consent and of sexual activity generally where this serves to assist in coming to a genuine assessment of the nature and existence of consent to sexual activity for persons with mental disabilities. It is concluded that in order to ensure that genuine substantive consent to sexual activity on the part of the persons with mental illnesses is accurately assessed at both a civil and criminal level, a fusion of both feminist and disability theory into such assessments and adjudications is vital.     

The de-medicalisation of assisted dying: is a less medicalised model the way forward?

Although assisted dying has been most commonly presented within a medicalised framework, the notion of de-medicalisation is employed in this paper to suggest that there are emerging models of assisted dying in which some medical aspects assumed to be an integral part of the phenomenon are both challenged and diminished. The paper considers cases where relatives have facilitated a loved one's assisted suicide abroad, cases of assisted death in which the assistor in the actual suicide act is a non-medic, and the growing debate surrounding non-medical grounds for desiring death. In evaluating the potential impact of partial de-medicalisation on the assisted dying debate, the argument presented is that whilst a de-medicalised model could well contribute to a richer understanding of assisted dying and a better death for the person who is assisted, there are cogent reasons to retain some aspects of the medicalised model and that a completely de-medicalised model of assisted dying is unrealistic.     

Gender in the Context of Same‐Sex Divorce and Relationship Dissolution

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same‐sex couples upon divorce or other relationship dissolution. When same‐sex couples marry, the legal system and society at large may project conceptions of gender onto same‐sex couples, often in a manner that conflicts with couples' intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same‐sex relationships.     

Students and Perceived School Safety: The Impact of School Security Measures

Although secondary school violence has actually decreased, public concern over student safety is still prevalent. One response to publicized school violence has been the implementation of security measures (metal detectors, cameras) and policies (visitor sign in, locked doors). While these changes may decrease school violence, little research has examined the effect these security measures have on student perceptions of school safety. Utilizing the National Longitudinal Study of Adolescent Health (AddHealth), this study found that metal detectors and the number of visible security measures employed in school were associated with a decrease in student reports of feeling safe. Students who were male, White, had higher GPAs, and reported feeling safe in their neighborhood were more likely to report feeling safe at school, while those who experienced prior victimizations, had larger class sizes, and who attended schools that had disorder problems were more likely to report not feeling safe at school.     

Predictors of criminal recidivism among male batterers

The present study examined recidivism risk factors in a sample of 320 male batterers attending community treatment. Recidivism was assessed by new charges for violence or for any offence during a 5-year follow-up period. The variables associated with recidivism among male batterers were similar to those found for other criminal populations (e.g. young, unstable lifestyle, substance abuse, criminal history). There was no evidence that potential offenders were deterred by expectations of negative consequences, either social (e.g. friends would disapprove) or official (e.g. being arrested, losing job). Maintaining positive relationships with treatment providers was associated with reduced recidivism.     

Outsourcing: Uncovering the Complexity of the Decision

ABSTRACT

Outsourcing is a phenomenon that, on the surface, is used to reduce costs and enable an organization to focus on its core competencies. In researching into outsourcing and whether this assumption holds true, this article focuses on public health organizations where outsourcing has been applied to both clinical and non-clinical services. In the cases observed, public sector managers assumed contracting would lower production costs for peripheral services whose outcomes could be easily measured and monitored. Clinical services were not usually outsourced because these core services were more difficult to measure. In implementing contracts for non-core services, decision makers' political and ideological objectives overshadowed management imperatives that are necessary for effective contract design and implementation, leading to poor service outcomes and little cost savings. Choosing the “right” services to contract does guarantee good outcomes such as lower costs and improved labor flexibility, but it is necessary to understand that optimum outcomes are only achievable if the service is clearly non-core, has measurable outcomes, and has low transaction frequency. It is also clear that outsourcing will not remove management problems; it simply adds another layer of complexity on top of managing staff who still provide the service.     

Developing a Tripartite Prevention Program for Impoverished Young Women Transitioning to Young Adulthood: Addressing Substance Use,HIV Risk,and Victimization by Intimate Partners

Little is known about the transition to adulthood for adolescent females and young women who are impoverished and homeless. Co-occurrence of drug use and abuse, HIV risk, and victimization is notable among homeless women, highlighting the need for comprehensive interventions. Unfortunately, evidence-based prevention approaches addressing these inter-related problems among impoverished women transitioning into adulthood are lacking. To address this gap, we designed an innovative prevention program by utilizing open- and closed-ended interview data from impoverished women (n = 20), focus groups with community experts and providers (2 groups; n = 9), and a theoretical framework to direct the research. Information provided by our focus groups and interviews with women supported our theoretical framework and highlighted the importance of addressing normative information, providing skills training, and utilizing a non-confrontational approach when discussing these sensitive issues.