Educational Research and the Protection of Human Subjects

Educational research is increasingly subject to legal restrictions designed for the protection of human subjects of research. In this article the author discusses legal restrictions–both in the courts and under HEW regulations–on educational research, comparing these restrictions with those on biomedical research. He finds that although educational research in particular instances may give rise to suits for damages for invasion of privacy or intentional infliction of psychological distress, the legal issues relating to educational research will most often be resolved in proceedings before institutional review boards charged by HEW with the responsibility for passing upon proposals to conduct research on human subjects. He argues that the interests protected in proceedings before institutional review boards are not limited to those that have received judicial recognition in suits for damages. The author finds that the requirement that the informed consent of subjects be obtained presents difficult issues for educational research. He notes in particular the problems presented by research proposals that as an element of the research design contemplate the observation of subjects without their knowledge and the use of children as research subjects.     

CHILD CUSTODY EVALUATIONS

Judicial and legal changes in divorce rules and precedents over the last two decades have led to increasing involvement by mental health professionals in child custody disputes. This involvement usually entails an evaluation of the child and parents, along with a recommendation to the court regarding custody. To date, there is little empirical evidence supporting the efficacy of methods typically used by professionals in making recommendations to the court. This article presents a review of assessment methods currently used in resolving child custody disputes. It also reviews the limited number of outcome studies on child custody evaluation and methods used in litigation and mediation.     

MEDIATIVE STRATEGIES IN THE MANAGEMENT OF CHILD SEXUAL ABUSE MATTERS

This article presents the theoretical importance and practical applications of mediative strategies in family conflicts where sexual abuse allegations are involved. Traditional approaches often further the breakdown of the family and harm the children. The linear nature of the legal system in which these conflicts are played out, the strong moral and cultural influences in issues concerning sexuality, and the approach of the professionals involved are factors considered. When multiple professionals intrude simultaneously on a family, there is severe disruption of the boundaries and internal hierarchy of the system. The process of mediation allows for effective conflict management because it is premised on systemic problem solving. The article catalogues specific mediative skills, strategies, and techniques that can be applied. It also encourages the use and incorporation of mediation in court systems to more effectively manage family conflicts such as divorce and juvenile matters, where sexual abuse is often alleged.     

Predicting batterer recidivism five years after community intervention

The purpose of this study was to examine batterer recidivism rates 5 years after community intervention and to determine differences that discriminate between recidivists and nonrecidivists. Of the 100 men included in the sample, 40% were identified as recidivists because they were either convicted of domestic assault, the subject of an order for protection, or a police suspect for domestic assault. A discriminant analysis was conducted using a variety of background and intervention variables. Five variables were selected that significantly discriminated between recidivists and nonrecidivists and correctly classified 60.6% of the cases. Men who had been abusive for a shorter duration prior to the program, court ordered to have a chemical dependency evaluation, in chemical dependency treatment, abused as children, and previously convicted for nonassault crimes were more likely to be recidivists. Variables relating to intervention did not significantly predict recidivism. Implications for community intervention programs are discussed.     

(Dis)qualified bodies: securitization,citizenship and ‘identity management’

This article attempts to think citizenship politics in the international security context of a post‐September 11th world. Considering specifically the introduction of biometric technologies, the article reveals the extent to which contemporary citizenship is securitized as a part of the wider post‐September 11th ‘securitization of the inside’. This securitization contributes directly to the intensification of conventional citizenship practice, as biometric technologies are employed to conceal and advance the heightened exclusionary and restrictive practices of contemporary securitized citizenship. The intensified restriction and preservation of particular rights and entitlements, vis‐à‐vis the application of biometric technologies, serves both private and public concerns over ‘securing identity’. This overall move, and the subsequent challenges to conventional notions of citizenship politics and agency, is referred to here as ‘identity management’. To then ask ‘What's left of citizenship?’ sheds light on these highly political transformations, as the restricted aspects of citizenship—that is, its continued obsession with the preservation and regulation/restriction of specific rights and entitlements—are increased, and the instrument of this escalation, biometrics, dramatically alters existing notions of political agency and ‘citizenship/asylum politics’.     

法律的维度--从空间上解读法律失败

现代国家法追求统一性和确定性 ,它存在于非特定的地点和时间空间中。植根于特定地理和时间的地方性规范和地方正义会因地点和时间的不同而不同 ,所以现实社会中会存在现代国家法与地方性规范及地方正义的内部逻辑上的矛盾。它们之间的矛盾是无法消除的 ,只能被减小。我们可以通过建立在社会科学基础上的立法来从空间的角度考虑制定法律以减小矛盾 ,也可以 (为了发展目前没有案例法的民法系统 )通过对已出版的法院案例的法学研究形成的教义来发展案例法以减小矛盾