Search orders and computers

Legal and practical context: On the execution of a Search Order, the Supervising Solicitorensures that fair play is observed by the claimant's searchparty in circumstances which are always stressful and oftenemotional. With the rise of computer imaging orders, the lengthof time taken at the defendant's premises has increased andit frequently falls to the supervising solicitor to undertakeany post-execution search and review of the computer evidence.It all adds to the expense. This article offers suggestionsto ensure that the parties' positions are safe-guarded but theimpact of computer evidence is properly managed. Key points: The article sets out the history of the role of the supervisingsolicitor in the execution of a Search Order and how that rolehas evolved. The article then looks at the increased importanceof securing evidence held on computers during the Search Orderand the resultant impact. Suggestions are made as to the futuredrafting and conduct of Search Orders to ensure that the evidenceand the interests of the parties are safe-guarded but with aneye to controlling costs. The claimant's solicitors do not havethe luxury of time to debate these issues when preparing forits application. It is hoped this article provides the key points. Conclusions: The article brings to light many issues which ought to be consideredprior to the making of a Search Order. The suggestions offeredrely on the court taking a pro-active role and the claimantconducting proper due diligence.     

A Discussion Summary of the First Dispute Systems Design Conference

Conclusion A dominant theme throughout the conference was how best to relate existing, traditional dispute systems (e. g., the courts, grievance panels, etc.) to the methods generally advocated by dispute systems designers (e. g., negotiation, mediation, etc.). Exploring that relationship is one of many dispute system design issues worthy of further discussion by practitioners and scholars.In sum, the conference discussion strongly indicates that there is a common set of dispute systems design issues across several contexts. Practitioners were clearly able to build on each other's insights and to learn from one another's practices, even when the settings for these practices diverged widely. An approach that focuses on these common dispute systems design issues appears to be a powerful method of developing individual practitioners and of developing the practical knowledge base of the profession as a whole. Based on this observation, the answer to the question in the title of this article is yes. Tony Simons is a doctoral student at the Kellogg Graduate School of Management of Northwestern University, 3-191 Leverone Hall, Evanston, Ill. 60208.     

Issue definition: the neglected foundation of effective issue management

Many issue management models proceed from issue scanning and identification directly to determining an objective, with insufficient attention to the important element of formally defining the issue. Proper definition is a vital foundation for effective issue management, and comprises a sound understanding of the issue itself, choosing exactly the right words to best position the issue and securing agreement on the definition. It also requires a full appreciation of the techniques used by other parties to try to redefine the issue to their competing agenda, and this paper identifies and categorises three such techniques. Copyright © 2004 Henry Stewart Publications     

Psycholegal Assessment of Co-occurring Chronic Pain and Schizophrenia Post-MVC: Analysis of Causation Using Two Case Examples

The key aspect of any psycholegal assessment is the analysis of causation, which requires consideration of important legal constructs such as the but for test, material contribution test, thin skull, and crumbling skull. An analysis of causation can be especially helpful in determining overall liability when evaluating the impact of two major co-occurring conditions. This paper focuses on the utility of conducting an analysis of causation using two case examples in which chronic pain and schizophrenia co-occurred following a motor vehicle collision (MVC). Collision-related injuries often lead to the development of chronic pain and could result in permanent and serious impairment and disability. Schizophrenia is a rare psychological occurrence in the collision context and is associated with its own unique and overwhelming physical, psychological, and cognitive challenges. In the psycholegal context, evaluating the impact of two major co-occurring conditions can be problematic and lead to conceptual challenges. In the two cases presented, some assessors attributed nearly all post-collision changes to schizophrenia as if it were pre-existing or in a latent state and failed to assess or even consider the contribution of MVC-related sequelae to the onset of schizophrenia. As part of addressing these conceptual challenges, we present a model of psycholegal assessment that takes into account the pre-, peri- and post-MVC variables that best explain the occurrence of these two conditions. The model also allows the assessor to determine the current and future needs of injured persons, the permanent physical, psychological, and cognitive sequelae that impact quality of life and/or work, and prognosis for the near and distant future.     

Violence Prevention and Targeting the Elusive Gang Member

Who do violence preventers target to achieve violence prevention? This fundamental question of selection is typically associated with law enforcement, yet gang labeling is critical in another context: nonprofit violence prevention. Eighteen months of fieldwork in a gang outreach organization find that (a) workers operationalize gang violence prevention as social service provision, but (b) services are only offered to those deemed “ready” for life changes. Readiness is an unwritten eligibility criteria leveraged as a rhetorical tool to focus recruitment on clients who demonstrate complicity. It is reaffirmed through external pressures to document program effectiveness; organizational‐level concerns for efficient resource allocation; the subpopulation of clients who actually want services; and workers’ own fears of “getting played”—losing face from free‐riding clients interested in street worker perks, but not formal services. While core gang members may be most at‐risk, their very centrality may deter, rather than justify, providing them services.     

Death Caused by Toxic Epidermal Necrolysis (Lyell Syndrome)

Abstract: Toxic epidermal necrolysis (TEN) is characterized by fever, scalded appearance of the skin, and epidermolysis associated to blister formation and exfoliation, and it is caused by hypersensitivity reaction to a drug. The authors report two cases of death as a result of TEN; both referred to old aged women treated with a polytherapy including allopurinol. Both patients displayed erythematous skin lesions similar to scald burns and epidermolysis at the face, chest, and abdomen and died shortly after hospitalization. Autopsy findings and histological examinations revealed epidermal necrolysis and confirmed the clinical diagnosis. A strict time‐correlation between allopurinol administration and symptoms was evidenced. Because of its iatrogenic origin, TEN often arises suspicions of medical liability; however, because of its unpredictable nature, the occurrence of this syndrome cannot be ascribed to the medical staff whose main task is the rapid diagnosis and the correct management.