The Legality of the EU's Stand-Alone Approach to the Climate Impact of Aviation: The Express Role Given to the ICAO by the Kyoto Protocol

The aviation sector is not yet covered by the European Union's Emissions Trading Scheme (EU ETS). Taking into account the fact that aviation increasingly contributes to climate change, the European Commission adopted a proposal for legislation to include aviation in the EU ETS. The proposal foresees the inclusion of internal EU flights as well as external flights to and from the Union within the EU ETS. On 20 December 2007, EU Environment Ministers reached political agreement in the Environment Council on the basis of a new compromise text tabled by the Presidency. However, the International Civil Aviation Organization (ICAO), as well as various stakeholders, does not consider that the EU has the competence to include aviation within the EU ETS. A crucial point concerning the legality of including aviation in the EU ETS is the fact that Article 2(2) of the Kyoto Protocol states that the parties 'shall pursue limitation or reduction of emissions of greenhouse gases not controlled by the Montreal Protocol from aviation . . . working through the International Civil Aviation Organization . . .'. This article reviews the legality of the EU's stand-alone approach, focusing on the European and international legal framework and taking into account the express role given to the ICAO by the Kyoto Protocol.     

Potential for Bias in MMPI-2 Assessments Using the Fake Bad Scale (FBS)

The Fake Bad Scale (FBS), developed to identify malingering of emotional distress among claimants seeking compensation for personal injuries, was recently added to the MMPI-2 scoring materials, resulting in its widespread dissemination across the various clinical settings that use the MMPI-2 in psychological evaluations. We examine: (1) questions of item bias in the FBS; (2) how malingering and nonmalingering groups are identified in FBS studies, including whether the research has been broadly inclusive and fully represents the populations assessed by the MMPI-2; (3) the reliability and validity of the FBS; (4) the highly variable recommendations for raw score cut-offs and how they relate to T scores; (5) two inpatient groups [men in a tertiary care Veterans Affairs Healthcare System (VA) unit and women in an eating disorders program] who may be inappropriately labeled as malingering by the FBS; (6) the publisher’s statement on use of the FBS; and (7) a Frye hearing in Florida where the FBS was excluded from expert testimony, one of three so far. We raise questions about its potential bias against people with disabilities and physical illnesses, women, individuals exposed to highly traumatic situations, and those motivated to present themselves in a favorable light. Psychologists using the FBS for making decisions about clients’ motivations need to be aware of the serious problems with the scale’s use and the cases of its inadmissibility in court.     

Cruelty to Animals and Violence to People

The topic of animal cruelty has been largely neglected by criminological researchers. However, studies suggest that children who are cruel to animals disproportionally tend to be violent to people later in life. Case histories of serial killers and mass murderers suggest that many were cruel to animals in their childhood. Furthermore, it is argued that cruelty to animals in a family tends to be associated with domestic violence, child abuse, and elder abuse. Unfortunately, much of the previous research was based on small, unrepresentative samples, with poor or no control samples and retrospective information. Prospective longitudinal surveys of large representative samples are needed. Family based prevention programs might be effective in reducing cruelty to animals, but experimental evaluations of such programs are required. The time is ripe for a major research program to advance knowledge about the causes and prevention of animal cruelty and its implications for criminology.     

Diversity on Campus: A Reassessment of Current Strategies1

The underrepresentation of minorities in higher education evokes a widely shared sense of urgency among educational policymakers. Allan Oster, president of the American Association of State Colleges and Universities, has described the persistent gap between minority and white participation rates as "[o]ne of the most pressing issues facing higher education today" (American Council on Education, 1988b, p. iv). Eliminating the gap and overcoming the other educational inequalities faced by minorities "is not an option, but a necessity; and the need is not eventual, it is immediate" (Massachusetts Institute of Technology, 1990, p. 14). Failure to take timely and decisive action not only threatens the moral and intellectual integrity of higher education as a whole, but our nation's economic well-being (American Council on Education, 1988b, p. 1). As officials at Smith College so eloquently said, "[i]t is no exaggeration to say that the future of the nation and the future of higher education depend on the ability of the educational establishment to become more inclusive" (Smith College, 1989, preamble).     

Phenolphthalein False‐Positive Reactions from Legume Root Nodules

Presumptive tests for blood play a critical role in the examination of physical evidence and in the determination of subsequent analysis. The catalytic power of hemoglobin allows colorimetric reactions employing phenolphthalein (Kastle‐Meyer test) to indicate “whether” blood is present. Consequently, DNA profiles extracted from phenolphthalein‐positive stains are presumed to be from blood on the evidentiary item and can lead to the identification of “whose” blood is present. Crushed nodules from a variety of legumes yielded phenolphthalein false‐positive reactions that were indistinguishable from true bloodstains both in color quality and in developmental time frame. Clothing and other materials stained by nodules also yielded phenolphthalein false‐positive reactivity for several years after nodule exposure. Nodules from leguminous plants contain a protein (leghemoglobin) which is structurally and functionally similar to hemoglobin. Testing of purified leghemoglobin confirmed this protein as a source of phenolphthalein reactivity. A scenario is presented showing how the presence of leghemoglobin from nodule staining can mislead investigators.