Inaccurate Conception: ACB v Thomson Medical

This note considers the decision of the Singapore Court of Appeal in ACB v Thomson Medical in which the plaintiff sought damages for the upkeep costs of a child conceived using sperm from someone other than her husband as a result of negligence by a fertility clinic. The Court held that upkeep costs could not be recovered as a matter of public policy, but recognised a new head of loss, namely damages for loss of genetic affinity. In a controversial ruling, the Court quantified these damages at thirty per cent of the upkeep costs of the child. While holding that punitive damages could be recovered outside the categories recognised in Rookes v Barnard, the Court rejected such an award on the facts of the case.     

Abortion in Northern Ireland: Has the Rubicon Been Crossed?

On 7 June 2018, the Supreme Court delivered their long anticipated ruling on whether the abortion laws in Northern Ireland are compatible with the European Convention on Human Rights. Although the case was dismissed on procedural grounds, a majority of the court held that, obiter, the current Northern Irish law was incompatible with the right to respect for private and family life, protected by Article 8 ECHR, “insofar as it prohibits abortion in cases of rape, incest and fatal foetal abnormality”. This Supreme Court decision, seen alongside the May 2018 Irish referendum liberalising abortion, and the 5 June 2018 Parliamentary debate seeking to liberalise abortion laws in Northern Ireland and the rest of the UK, places renewed focus upon the abortion laws of Northern Ireland and Great Britain, which suggests that the ‘halfway house’ of the Abortion Act 1967 Act finally be close to being reformed to hand the decision of abortion to women themselves.     

Criminals and the Price System: Evidence from Czech Metal Thieves

Objectives

This paper tests the economic theory of criminal behavior. Specifically, it looks at “the carrot” side of the theory, studying how thieves react to changes in monetary gains from crime.

Methods

Using a unique crime-level dataset on metal theft in the Czech Republic, we study thieves’ behavior in a simple regression framework. We argue that variation in metal prices represents a quasi-experimental variation in gains from crime. It is because (1) people steal copper and other nonferrous metals only to sell them to scrapyard and (2) prices at scrapyards are set by the world market. This facilitates causal interpretation of our regression estimates.

Results

We find that a 1% increase (decrease) in the re-sale price causes metal thefts to increase (decrease) by 1–1.5%. We show that the relationship between prices and thefts is very robust. Moreover, we find that thieves’ responses to price shocks are rapid and consistent.

Conclusion

Our results are in line with the economic model of crime, wherein criminal behavior is modeled as a rational agent’s decision driven by the costs and benefits of undertaking criminal activities. Our estimates are also consistent with recent results from the United Kingdom, suggesting these patterns are more general.

     

Are DNA data a valid source to study the spatial behavior of unknown offenders?

Studying the spatial behaviour of unknown offenders (i.e. undetected offenders) is difficult, because police recorded crime data do not contain information about these offenders. Recently, forensic DNA data has been used to study unknown offenders. However, DNA data are only a subset of the crimes committed by unknown offenders stored in police recorded crime data. To establish the suitability of DNA data for studying the spatial offending behaviour of unknown offenders, we examine the concentration and spatial similarity of detected but unsolved crimes in police recorded crime data (N?=?181,483) and DNA data (N?=?1913) over 27 Belgian judicial districts for four crime types. We established spatial similarity for certain crime types (in some districts). This offers opportunities for DNA data to be used to study unknown offenders' spatial offending behaviour. Implications for theory and research are discussed.     

The government behind insurance governance: Lessons for ransomware

The insurance as governance literature focuses on the ability of private enterprises to collectively regulate, pool, and distribute risks. This paper analyzes how governments support insurance markets to maintain insurability and limit risks to society. We propose a new conceptual framework grouping government interventions into three dimensions: regulation of risky activity, public investment in risk reduction, and co-insurance. We apply this framework to six case studies, describing insurance markets' reliance on public support in more analytically precise terms. We analyze how mature insurance markets overcame insurability challenges akin to those currently presented by extortive cybercrime. Private governance struggled when markets grew too big for informal coordination or when (tail) risks escalated. Government interventions vary widely. Some governments prioritize supporting economic activity while others concentrate on containing risks. Governments also choose between risk reduction and ex post socialization of losses. We apply these insights to the market for ransomware insurance, discussing the merits and potential hazards of current proposals for government intervention.     

The role of authentic leadership on healthcare Street-Level Bureaucrats’ well-being during the pandemic

This study uses Conservation of Resources Theory, to explain Street-Level Bureaucrats’ (SLBs) workplace behavioural responses to threats to their well-being. We examine whether authentic leadership within street-level organisations positively impacts employee well-being by increasing SLBs’ perception of personal resources, and reducing their perceptions of work harassment. The research design comprises a survey that solicited quantitative and qualitative data from 163 healthcare SLBs working in Australian hospitals during the pandemic in April 2020. Analysis of the means indicates low levels of satisfaction with leadership and low levels of well-being for SLBs. The structural equation modelling findings show that poor leadership is associated with higher levels of work harassment and lower levels of employee well-being. Qualitative data support these findings. As healthcare workers were already listed as over-represented in the stress-related workers compensation statistics, one strategy may be to improve the level of organisational support by upskilling managers in authentic leadership behaviours with the aim of increasing their perception of support so as to increase employee well-being. This will benefit employees and their families, and the community they service.

Points for practitioners

• Street-Level Bureaucrats (SLBs) have been increasingly experiencing the public sector gap (demand outstripping supply of resources) because of the dominance of the austerity-driven managerialist paradigm.
• The recent COVID-19 crisis amplified the severity and impact of the public sector gap causing increased perceptions of work harassment and reductions in SLBs’ well-being.
• However, SLBs with high levels of Psychological Capital had a natural buffer in place to protect their well-being, and as such, they perceived less work harassment and erosion of their well-being.
• The way forward is to complement the austerity-driven managerialist paradigm in management decision-making with authentic leadership behaviours focused on maximising the well-being of SLBs and the public.