The Legal Basis for Using Principles in WTO Disputes

This article argues that the use of principles in WTO disputeresolution is both necessary and desirable. However, Panelsand the Appellate Body (WTO Tribunals) have often ignored principlesor not clearly identified the legal basis for their use. Thisarticle establishes a framework for the use of principles (inparticular principles of WTO law, principles of customary internationallaw, and general principles of law) in WTO dispute settlement.Broadly, WTO Tribunals can use principles drawn from these categoriesto interpret WTO provisions, based on Article 3.2 of the DSU,and Articles 31 and 32 of the VCLT. This follows most directlyfrom a teleological approach to interpretation, but principlesalso feature under subjective and textual approaches to interpretation.WTO Tribunals may also use certain principles in a non-interpretativemanner. Indeed, this may be necessary, particularly to addressprocedural issues. Precisely how a principle may be used dependson its type, content and status.     

The Concentration and Stability of Gun Violence at Micro Places in Boston, 1980–2008

Boston, like many other major U.S. cities, experienced an epidemic of gun violence during the late 1980s and early 1990s that was followed by a sudden large downturn in gun violence in the mid 1990s. The gun violence drop continued until the early part of the new millennium. Recent advances in criminological research suggest that there is significant clustering of crime in micro places, or “hot spots,” that generate a disproportionate amount of criminal events in a city. In this paper, we use growth curve regression models to uncover distinctive developmental trends in gun assault incidents at street segments and intersections in Boston over a 29-year period. We find that Boston gun violence is intensely concentrated at a small number of street segments and intersections rather than spread evenly across the urban landscape between 1980 and 2008. Gun violence trends at these high-activity micro places follow two general trajectories: stable concentrations of gun assaults incidents over time and volatile concentrations of gun assault incidents over time. Micro places with volatile trajectories represent less than 3% of street segments and intersections, generate more than half of all gun violence incidents, and seem to be the primary drivers of overall gun violence trends in Boston. Our findings suggest that the urban gun violence epidemic, and sudden downturn in urban gun violence in the late 1990s, may be best understood by examining highly volatile micro-level trends at a relatively small number of places in urban environments.     

Human trafficking in the Philippines: the need for an effective anti-corruption program

An estimated three million Filipinos are at high-risk of being trafficked at any given time, representing 3.1% of the total Philippine population. The paper illustrates that corruption is a central issue in facilitating and continuing human trafficking in the Philippines. It demonstrates that if human trafficking is to be significantly reduced, then corruption must be curbed. The paper consists of three main sections. The first section is an overview of the trafficking problem in the Philippines. It discusses the scope of the problem such as the recruiters and traffickers, tactics used by the recruiters, and current transport routes and methods. The second section discusses current tactics being implemented by the government, non-government organizations (NGOs), and the international community to restrict human trafficking in the Philippines. It also illustrates that government corruption prevents the current tactics from being implemented well and in order to combat government corruption one must begin at the municipal level. The third section presents the inner workings of government and corruption at the municipal level, shows how the corruption reduces economic opportunities and legal equality for the citizenry, and how the loss of those opportunities and equality encourages migration from home municipalities—thereby encouraging human trafficking.     

Economic impact of Wicks v State Rail Authority (NSW) (2010) 84 ALJR 497

In Wicks v State Rail Authority (NSW) (2010) 84 ALJR 497 the High Court of Australia held that, among other things, plaintiffs (who establish that they suffer a recognised psychiatric illness as a result of the breach of duty of care owed to them by the defendant under s 32 of the Civil Liability Act 2002 (NSW)) are entitled to recover damages for pure mental harm under s 30 if their psychiatric injury arose "wholly or partly from" a "series of shocking experiences" in the form of "a sudden and disturbing impression on the mind and feelings" in connection with witnessing at the scene "another person ('the victim') being killed, injured or put in peril by the act or omission of the defendant". The High Court construed the phrase "being ... injured or put in peril" to include plaintiffs who suffer pure mental harm by witnessing at the scene another person being injured through the process of suffering pure mental harm in the form of psychiatric injury occasioned by the defendant's negligent act or omission. The Wicks decision raises the question whether the expanded liability of defendants for pure mental harm is economically sustainable.     

Civil Liberties and the Korean War

This article addresses the unsuccessful attempts to suppress free speech during the Korean War, and in particular explains the attempts to silence three reporters of alleged atrocities by United Nations forces. In the absence of carefully targeted legislation, the three individuals – Alan Winnington (a journalist), Monica Felton (a women's movement activist) and Jack Gaster (a solicitor) ‐ were threatened with or investigated for prosecution for treason or sedition, and Winnington was unable to renew his passport until 1968. Drawing heavily on archival sources (including MI5 files, which unusually fail to redact the identity of one of the lawyers who was reporting to Special Branch about Gaster's activities), the article explores the threat to civil liberties from the administrative as well as the legislative and the judicial power of the state. The article concludes by drawing contemporary parallels, and highlighting the continuing relevance of the writings of Winnington, Felton and Gaster.     

Today was not a good day: offender accounts of the incidents that led to their admission to drug court

One method that has been touted to help end mass incarceration is using intermediate sanctions. While intermediate sanctions often present as attractive options, there is evidence that as practiced, these sanctions often result in net widening. One of the most common forms of intermediate sanctions are drug courts, which are often viewed as progressive alternatives to locking up people with substance abuse problems. However, along with the dangers of net widening, scholars have shown that many people admitted to drug courts do not seem to have substance abuse problems and could benefit from lesser criminal justice interventions. In the current study, we analyzed intake data from a drug court to determine: (1) what charge(s) drug participants had and (2) how they became involved with the criminal justice system. Among important findings were that a large number of drug court participants were arrested for the possession of one drug only (often marijuana) and that more than half of participants came to the attention of the criminal justice system through a traffic stop rather than through repeated encounters with the criminal justice system.     

Law Students on Interdisciplinary,Problem‐Solving Teams: An Empirical Evaluation of Educational Outcomes at the University Of Denver's Resource Center for Separating and Divorcing Families

Models of lawyering in separation and divorce disputes are evolving to emphasize interdisciplinary collaboration, problem solving, alternative dispute resolution, and changes in legal education that reflect these changes in practice. At the University of Denver's Resource Center for Separating and Divorcing Families (Center), supervised law and mental health graduate students worked as a team to provide assessment and service planning, mediation, therapy, and agreement drafting to parents. Evaluation results showed client satisfaction, and that students acquired new knowledge, skills, and values in line with a collaborative, problem‐solving orientation. Strengths and weaknesses of the model are considered.     

A study of the intermolecular interactions of lipid components from analogue fingerprint residues

A compositionally simplified analogue of a latent fingermark was created by combining single representatives of each major component of a natural fingermark. Further modified analogues were also produced each having one component removed. The aim of this study was to investigate the intermolecular interactions that occurred within these analogue samples using Fourier Transform Infrared (FT-IR) Microspectroscopy. FT-IR microspectroscopy showed that the absence of squalene and cholesterol significantly restricted the interactions between the other organic constituents within the analogue samples. Investigating the intermolecular interactions of organic compounds within a simplified analogue solution could indicate corresponding interactions that occur within natural fingermarks. These potential interactions could go on to be the target of further investigation of latent fingermark chemistry, and ultimately contribute to a better understanding of the aging processes and degradation mechanisms that take place post-deposition.