UK: Hemophiliac wins access to recombinant factor VIII

On 17 July 2003, the England and Wales High Court granted a hemophiliac leave to appeal a decision to refuse to provide him with recombinant factor VIII, a treatment for hemophilia not derived from human blood. The applicant had been infected with HIV and hepatitis B, C, and G through tainted blood products.     

Detecting Deception in Children's Testimony: Factfinders' Abilities to Reach the Truth in Open Court and Closed-Circuit Trials

This study examined the influence of closed-circuit television (CCTV) on jurors' abilities to detect deception in children's testimony. Children ages 7–9 individually played games and made a video movie with a male confederate. In the guilty condition, stickers were placed on exposed body parts (i.e., the child's arm, toes, and bellybutton). In the not-guilty and deception conditions, stickers were placed on the child's clothing rather than on bare skin. Approximately 3 weeks later, mock jurors recruited from the community viewed child participants testify either in a traditional courtroom setting or via one-way CCTV. The mock jurors responded to questions about the child witness and the defendant as well as deliberated to reach a verdict. Children in the deception condition were asked to testify as if the stickers had been placed on exposed body parts rather than on their clothing. Predeliberation, jurors were less likely to convict when a child testified in the deception condition as opposed to the guilty condition. These differences disappeared following deliberation. There was no support for the notion that jurors reach the truth better when children testify in open court versus via CCTV. Implications for jurors' abilities to reach the truth are discussed.     

Changing Forms of Accountability in Education? A Case Study of LEAs in Wales

Political mechanisms of accountability were marginalized by Conservative government reforms during the 1980s and 1990s which sought a more market-oriented approach within the public sector in order to enhance ‘consumerism’. In education, parents were given more choice between schools and were provided with more information on school performance. The promotion of market accountability has involved a reduction in the powers of local education authorities (LEAs) which had been central to the operation of political accountability. However, whilst market-based forms of accountability were firmly enhanced in principle by the legislation, to what extent have the forms of accountability operating within LEAs changed in practice? Interviews with Chief Officers and the Chair of the Education Committee are used to identify changing perceptions and practices of accountability in LEAs in Wales. The findings indicate that although local politicians and officials have been forced to operate within the legislative framework of market accountability, they have sought to impede its successful implementation. The policy community in Wales facilitated the LEAs’ capacity to respond in this way. The market-based reforms conflicted with fundamental values held in Wales, which remain those of professional accountability.     

In Search of the Rosetta Stone of the Mediation Profession

Although people have their choice today of an ever-growing number of how-to books and articles about the mediation process, this plenitude was hardly always the case. In fact, back in the early 1950s in the United States, three young mediators with the Federal Mediation and Conciliation Service (FMCS) drafted a 62-page memo on the subject of their work which included 120 different techniques of mediation, many of which would be familiar and useful to practitioners today. Their pioneering work, however, was neither recognized nor encouraged by the FMCS; in fact, it was suppressed. This article focuses on the reasons for the suppression of that work, providing an overview of the vast changes that have taken place in mediation's history and the federal labor-management mediation agency over the past half-century.     

Predicting success: A research study based on law degree courses at Trent Polytechnic

Abstract

THIS STUDY was set up to investigate the possibility of a relationship between the General Certificate of Education ('G.C.E.’) ‘A’ level qualifications of the entrants on to the law degree courses at Trent Polytechnic and their degree classifications.

Very little evidence was found of any such significant relationships. Further analysis of both G.C.E. ‘A’ and ‘O’ level qualifications similarly showed no significant relationships except in the case of ‘O’ levels. The most clear finding was that significant relationships do exist between being a full‐time female student and obtaining a good honours classification, and that all LL.B. Legal Studies (four‐year sandwich) students have a better chance of obtaining good honours than do LL.B. Law (three‐year full‐time) students.

Various other analyses were also attempted, but no other significant relationships were found, although it is possible that choice of final‐year options may influence degree classifications.

Overall, this study suggests that while G.C.E. results may be suggestive of a basic ability to complete degree courses successfully, they do not predict degree classifications. From this I draw the conclusion that G.C.E. results should not be used to exclude students from these, and possibly other, courses in higher education.

In considering the possible predictive value of the ‘A’ level G.C.E. qualifications of entrants on to the law degree courses at Trent Polytechnic and their degree classifications, other possible predictive relationships and factors were also investigated, in order to examine whether any other (reasonably available) variables were linked to degree classifications. Analyses were therefore carried out in relation to ‘O’ level G.C.E., gender, age of student, course, G.C.E. subject‐groupings and course progress. Other variables were not possible to test because of the quality of the information available.     

The Process Is the Punishment: Thirty Years Later

This essay reviews the arguments and impacts of the classic work, The Process Is the Punishment by Malcolm Feeley, originally published in 1979 and republished with a new foreword and preface in 1992. This essay examines how the book has been used in sociolegal research since 1979 by empirically tracing its citation in published work. I also examine missed opportunities where The Process Is the Punishment could still expand its impact in the literature, as well as reviewing the major arguments and criticisms of the book.     

Race-Based Peremptory Challenges: An Empirical Analysis of Litigation from the U.S. Court of Appeals, 2002–2006

This paper examines race-based peremptory challenges. Such challenges occur during the voir dire jury selection process. The process allows both the defense and the prosecution to strike jurors who they believe will not decide cases fairly. However, in the case of Batson v. Kentucky 476 U.S. 79 (1986), the Supreme Court ruled that race could not be used as a factor in eliminating prospective jurors. This paper examines federal litigation for five years in which it was alleged that race was used as a factor in removing a juror. An examination of the cases revealed that most of the cases involved sole male litigants who allege that there were multiple race-based peremptory challenges used in their cases. Moreover, most of the cases that led to the allegations involved violent offenses. Other case characteristics are noted, but of most significance was the finding that most appellants lost their cases. As such, the courts felt that most of the challenges were, in fact, race neutral. The implications of this research are discussed. This study was funded by an undergraduate research grant from Penn State University.