Federal Deficits, Debt and Interest Costs

Current federal government deficits are of a size unprecedented since World War II. While budget surpluses have been infrequent, deficits before 1982 were small enough that the federal debt shrunk in relation to the size of the economy. Now, however, the federal deficit is stuck at about 5 percent of gross national product, and the ratio of federal debt to gross national product (GNP) is growing rapidly. These large deficits are driving up interest rates, hurting American exports, turning the United States into a debtor nation, and causing government interest outlays to spiral. The possibilities are limited for lowering interest costs through directly reducing interest rates or introducing new Treasury debt management strategies. The only way to cage the interest monster is to enact a substantial package of tax increases and cuts in noninterest spending. We list some possible elements of such a package and show how they might be combined to tame the growth of debt.     

Severity of Partner and Child Maltreatment: Reliability of Scales Used in America's Largest Child and Family Protection Agency

This paper describes two studies investigating the interrater agreement of severity scales for family maltreatment used in America's largest child and family maltreatment agency: the U.S. military's Family Advocacy Program (FAP). The USAF-FAP Severity Index is a multidimensional rating system for clinicians' evaluations of the severity of seven forms of family maltreatment: partner physical, emotional, and sexual abuse; child physical, emotional, and sexual abuse; and child neglect. The first study evaluated the reliability of the scale as it is used in the field. The second study compared a generalizable sample of clinicians' ratings to an established gold standard of what the ratings should have been. The Severity Index demonstrated fair-to-good levels of reliability, suggesting that with minimal cost, investigating caseworkers can routinely assess, and make fairly reliable ratings of, the severity of seven forms of family maltreatment for each case they investigate.     

Rendition/Eviction – A Post-Apartheid Reflection

The article analyzes the internal logic of the conceptual and structural hierarchies involved in slavery and apartheid land law. The rendition or recovery of fugitive slaves and the eviction of squatters from land during apartheid both involve the use of legal procedures and institutions to protect property interests. However, in the period following the emancipation of slaves and the abolition of apartheid, this logic was not abandoned – liberty was acquired at the price of economic subjugation. The new forms of slavery will continue unless the abolition of slavery and the termination of apartheid are explicitly celebrated as political acts that replace the urge to dominate and possess with a measure of public-spiritedness and non-possessiveness. Politics can be kept alive only when the compelling logic of domination and hierarchy is resisted through a different, public-spirited rendition of eviction.Paper read at the Critical Legal Conference 2003, entitled Transition and Transformation; Resistances and Reconciliation; Communities Within and Beyond Law, Johannesburg, 5–7 September 2003. Thanks to Gerhard du Toit and Maartje Eefting for research assistance. Peter Fitzpatrick (No Higher Duty: Mabo and the Failure of Legal Foundation, Law & Critique, 13 (2002), 233–252) and Frank I. Michelman (The Bill of Rights, the Common Law, and the Freedom-Friendly State, paper read at the University of Miami, 21–22 March 2003, published version forthcoming) inspired some of the ideas worked out here. Thanks to Frank Michelman for permission to refer to his unpublished article, and for helpful comments on a draft of this article.     

When Does Evidence of Eyewitness Confidence Inflation Affect Judgments in a Criminal Trial?

Two studies investigated perceptions of eyewitness confidence inflation: increases in a witness's confidence between the time of the identification and the trial. Experiment 1 (N = 90) demonstrated that, for White participants, assessments of the strength of the defense case, the eyewitness's view, and participants' confidence in the eyewitness's accuracy were more favorable to the defense when there was evidence that the eyewitness's confidence increased over time (mere inflation condition), compared with a control condition. In addition, assessments of the defendant's guilt and the eyewitness's accuracy were more favorable to the defense when the eyewitness was aggressively challenged about the change in her confidence report (inflation + challenge). Experiment 2 (N = 360) demonstrated that, for Hispanic participants, sensitivity to confidence inflation did not interact with manipulations of the eyewitness's or defendant's race (White vs. Hispanic). In addition, the confidence inflation effect did not replicate with the Hispanic participants. Results are interpreted in terms of the ingroup bias in legal judgments and directions for future research.     

Damned if they do, damned if they don't: the need for a comprehensive public policy to address the inadequate management of pain

Amy Dilcher examines the need for a comprehensive pain policy and argues that opioids--highly effective drugs for pain management--should be legally and practicably accessible to medical professionals and their patients, as and when needed to provide relief from pain. The article synthesizes a number of perspectives regarding the regulation of pain management and demonstrates that the inadequate treatment of pain stems from a multitude of barriers. After reviewing Congressional action on the topic, Ms. Dilcher concludes with recommendations for a more comprehensive pain policy that would enhance the management of pain.     

Anthropological and radiographic comparison of vertebrae for identification of decomposed human remains

This case study demonstrates the importance of involving an anthropologist in forensic situations with decomposed remains. Anthropological consultation was used in conjunction with the comparison of antemortem and postmortem radiographs to establish positive identification of unknown, decomposed remains. The remains had no traditional identifying features such as fingerprints or dental. Through anthropological analysis, it was determined the decedent was male, between 20 and 23 years at time of death and c. 5'2' tall. This information allowed for a presumptive identification and a request for antemortem radiographs. The missing person was identified comparing the spinous processes of the cervical and thoracic vertebrae between ante- and postmortem radiographs.     

The utility of whole genome amplification for typing compromised forensic samples

Biological evidence has become invaluable in the crime laboratory; however, it may exist in limited quantity and/or quality. Given this, the ability to amplify total DNA obtained from evidence, in an unbiased manner, would be highly advantageous. Methods for whole genome amplification (WGA) have the potential to fulfill this role, resulting in a virtually unlimited supply of DNA. In the research presented, two WGA methods, improved primer extension preamplification and multiple displacement amplification (MDA), were tested using commercial kits. Control DNA, artificially degraded DNA, and DNA from fresh blood, aged blood, hair shafts, and aged bones underwent WGA, followed by short tandem repeat and mitochondrial DNA analysis. The methods did amplify DNA, but performed poorly on forensically relevant samples; the maximum amplicon size was reduced, and MDA often resulted in extraneous bands following polymerase chain reaction. Taken together, WGA appears to be of limited forensic utility unless the samples are of a very high quality.