Causality and causation in tort law

This paper considers alternative approaches to dealing with causal uncertainty in strict liability tort regimes. Beginning from the philosophical literature on causing, a distinction is made between the scientific idea of causality and the legal idea of causation. This distinction is generalized to a context of causal uncertainty and associated probabilities are constructed. It is shown that a rule of proportional liability whereby the tortfeasor pays damages in proportion to the probability in causation of them having caused the damage would be socially efficient. This contrasts with the implied use of the probability in causality by the courts and in the law and economics literature on causal uncertainty.     

An Experimental Study of Vertebrate Scavenging Behavior in a Northwest European Woodland Context

Vertebrate scavengers can modify surface deposited human remains which can hinder forensic investigations. The effects of such scavenging vary between species and regions. Published research into the effects of the scavenging of human remains is dominated by work from North America with few studies covering Northwestern Europe. Forensic scientists, investigators, and police search officers in Northwestern Europe are often left questioning on a basic level as to which scavengers are active and how they might affect human remains. This paper presents the results of a field study utilizing deer (Cervus nippon; Capreolus capreolus) as surface deposits observed by motion detection cameras in a British woodland. The most common avian and rodent scavenger species recorded included the buzzard (Buteo buteo), carrion crow (Corvus corone), wood mouse (Apodemus sylvaticus), and gray squirrel (Sciurus carolinensis). The scavenging behaviors observed were affected by seasonality, rates of decomposition, and insect activity. Scavenging by buzzards, unlike carrion crows, was most frequent during fall to winter and prior to insect activity. Overall, avian scavengers modified and scavenged soft tissue. Rodents scavenged both fresh and skeletonized remains with gray squirrels only scavenging skeletal remains. Wood mice were most active in winter and scavenged both soft tissue and bone.     

PTSD,Endophenotypes, the RDoC,and the DSM-5

The search for endophenotypes that stand between genetics and disease has been applied to the diagnostic entity of Posttraumatic Stress Disorder (PTSD). Advances are being made in understanding the pathway to disorder in PTSD in terms of brain regions, neuronal networks, stress-related systems (e.g., the hypothalamic–pituitary–adrenal (HPA) axis), and their underlying genetic and neurogenetic bases. The latter are affected by gene–environmental interactions and epigenetic effects, and the environment and context reciprocally interrelate with them, as well. Therefore, a primary focus on (neuro)pathophysiological intermediates in the disease pathway, as appears emphasized in the research domain criteria (RDoC) approach to etiology of psychiatric disorder, and to which the Diagnostic and Statistical Manual of Mental Disorders 5 (DSM-5) subscribes, might detract from a more inclusive biopsychosocial approach that would be more applicable in the case of PTSD. The paper undertakes a comprehensive review of the recent literature in the areas of endophenotypes, neurogenetics, epigenetics, neural networks, HPA axis, neuronal networks, pathways, the PTSD five-factor model, allostasis, and the RDoC criteria for psychiatric diagnosis, and then returns to the topic of endophenotypes. Neuronal networks constitute one integrating area that could help in arriving at an appropriate model of PTSD endophenotype. Pathway analysis provides a rich field for discerning individual differences in PTSD development, more so than the static approach of using DSM-5 symptom criteria. A model of endophenotypes is presented, which considers these factors in relation to PTSD. The paper concludes with implications for the DSM-5, for practice and for court, especially that it would be premature to seek individual biomarkers of PTSD given the current state of knowledge, even if it is burgeoning.     

The strong German state and the weak feminist movements

This article examines the causes of the marginalisation of women in political and economic decision‐making processes that are part of the ‘routine’ policy‐making process of the German state. The larger theoretical question is whether there is a ‘gender bias of the German state’ that has made its institutional structures less amenable to women's participation and their political agenda. Given the evidence, the answer is ‘yes’. There are specific exclusionary mechanisms that characterise the German polity, and these are antithetical to women's participation and concerns. These mechanisms act as gatekeepers of both legislation and discursive practices and are constitutive of the German Fraktionstaat and the corporatist system of economic bargaining.     

Labour demand and Agroindustrial development: The evidence from Mexico

Agroindustrialisation, in contrast to assertions by Mexican policy‐makers, has had a negative employment‐generating effect in agriculture in the region known as El Bajío. The impact of widespread crop substitution and the wholesale transfer of technology promoted by transnational processing plants have both reduced the total labour employed and increased the instability of employment through heightened seasonality of labour demand. A decomposition analysis assesses the role played by various determinants of labour demand in the alteration of regional agricultural employment which has resulted from agro‐industrialisation.     

A Preliminary Study of the Reliability of Anatomical Facial Landmarks Used in Facial Comparison

Anatomical landmarks are considered the most objective indicators for use in forensic facial comparisons. Therefore, accurately identifying and locating these landmarks is the beginning of reliable facial comparison. This study evaluated the accuracy with which facial landmarks are located and examined their reliability according to type of landmark, head posture, and image quality. Nine operators located a series of landmarks on prepared facial images used to produce comparison images. Then, the average distances between the reciprocal landmarks (ADRL) on the reference and the comparison images were measured as indicators of landmark reliability. We found that a set of landmarks had higher or lower reliability as a function of the head angle and image quality. More reliable landmarks were associated with certain head postures and degrees of image quality. These should be used for facial comparison analysis depending on various head and image conditions.     

Does Family‐Friendly Policy Matter? Testing Its Impact on Turnover and Performance

This study investigates the relative effects of four types of family‐friendly policies—child care subsidies, paid leave for family care, telework, and alternative work schedules—on turnover rates and effectiveness in federal agencies. Contemporary social exchange theory predicts that an agency’s average level of satisfaction with a specific family‐friendly policy is negatively associated with turnover in the agency but positively associated with overall performance. This analysis differs from common expectations. Only child care subsidies show a positive, significant influence on reducing turnover. Child care subsidies and alternative work schedules reflect positive and significant influences on agency effectiveness. Ironically, an agency’s average satisfaction with telework arrangements proves to be a significant but negative effect on performance.     

Child Maltreatment Risk Inventory: Pilot Data for the Cleveland Child Abuse Potential Scale

This article presents data on the development of a child maltreatment actuarial risk inventory, The Cleveland Child Abuse Potential Scale (C-CAPS). The study consisted of three groups in a juvenile court setting: child custody cases without indication of maltreatment (N = 34), cases where maltreatment was indicated (N = 37), and a third middle ground group of cases referred to the court’s Diagnostic Clinic (N = 47). This third group of cases had not elevated to court involvement with a filing of child maltreatment. Study results provide compelling support for overall classification accuracy, with 100% specificity and 95% sensitivity and an overall hit rate of 98%, when only the maltreatment and non-maltreatment groups were compared. Adding the third group of possible maltreatment cases dropped the overall hit rate to 71%. The instrument was able to correctly classify 85% of Non-Maltreatment cases and 76% of Maltreatment cases. The overall factor structure of the instrument is also reviewed.     

A comparison of rape and molest offenders in prison psychiatric treatment

Differences in offense history, brain functioning, and psychological functioning of rape (n = 45) and molest offenders (n = 15) who were receiving psychiatric treatment while in prison were evaluated. Significant differences were found in each of these domains. Rape offenders were more likely to have histories of high violence offenses other than sexual offense, including murder, serious juvenile offenses, and both juvenile and adult sexual offenses. Rape offenders were more likely to show lower intellectual functioning and diffuse brain dysfunction associated predominantly with temporal and prefrontal brain cortices. Rape offenders were also more likely to display psychological functioning associated with illogical thinking and disordered attachment but less immature self-focus and fewer feelings of alienation than demonstrated by molest offenders. Implications for treatment and social policy for sexual offenders are suggested. Logistic regression demonstrated that these neuropsychological measures resulted in 71.7% accurate prediction and Rorschach measures resulted in 79.2% accurate prediction in differentiating rape from molest offenders. Implications for theoretical understanding of sexual offending are discussed.