One lawyer acting for two clients: implications arising from an experimental practice model ‘Family Matters’

The legal services market has faced unprecedented change following implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO). Alternative business models and wider use of digital technologies have developed alongside debates about the future of legal practice in family law. Arguments have been made for new hybrid models that combine legal advice with mediation and for solicitors to be enabled to work with two clients. This paper contributes to that debate by highlighting implications for such practice innovations based on research evidence of solicitors’ experiences of delivering an experimental model of practice: ‘Family Matters Guides’. This model, piloted by Resolution, involved the Guides providing intensive support and legal information (not legal advice) to both separating parents to help them reach agreements. This paper is timely as the professions await the new regulations from the Solicitors Regulation Authority (autumn 2018) making flexible practice models a reality.     

(Close) the Door,the King (is Going): The Development of Elliptical Resolution in Bhāṭṭa Mīmāṃsā

This paper examines three commentaries on the ?abdapariccheda in Kumārila Bha??a’s ?lokavārttika, along with the the seventeenth century Bhā??a Mīmā?sā work, the Mānameyodaya. The focus is the Mīmā?sā principle that only sentences communicate qualified meanings and Kumārila’s discussion of a potential counter-example to this claim–single words which appear to communicate such content. I argue that there is some conflict among commentators over precisely what Kumārila describes with the phrase sāmarthyād anumeyetvād, although he is most likely describing ellipsis completion through arthāpatti. The paper attempts both a cogent exegesis and philosophical evaluation of the Bhā??a Mīmā?sā view of ellipsis completion, arguing that there remain internal tensions in the account of ellipsis preferred by the Bhā??a, tensions which are not entirely resolved even by the late date of the Mānameyodaya.     

A field study of adult witness interviewing practices in a Canadian police organization

Purpose. The current study examined witness interviewing practices in a Canadian police organization. The effect of interviewer, interviewee, and interview characteristics on those practices was also examined. Method. Ninety witness interviews from a Canadian police organization were coded for the following interviewing practices: types of questions asked (i.e. open‐ended, probing, closed‐ended, clarification, multiple, leading, opinion/statement, and re‐asked), the number of interruptions, percentage of words spoken by interviewer, type of pre‐interview instructions (consequential vs. generic), and whether or not a free narrative was requested (and when requested during the interview). Characteristics pertaining to the interviewer (e.g. primary interviewer's age), interviewee (e.g. witness gender), and interview (e.g. crime type) were also coded. Results. Results showed that closed‐ended and probing questions were the most widely asked questions, and that open‐ended questions were asked relatively infrequently. It was also found that the 80–20 talking rule was violated in 89% of the interviews, interviewers rarely interrupted the witnesses, and free narratives were requested often. Overall, the effect of interviewer, interview, or interviewee characteristics on interviewing practices was minimal. Conclusions. The finding that scientifically prescribed interviewing practices are employed rarely by Canadian police officers highlights a need for increased professional interviewing training. The finding that practices are largely unaffected by personal and situational factors suggests that such training would be equally beneficial for all types of interviewers, interviewees, and contexts.     

Population genetic data of 15 tetrameric short tandem repeats (STRs) in Berbers from Morocco

The allele frequency distribution of 15 short tandem repeats (STR) loci contained in the AmpFlSTR Identifiler PCR Amplification Kit (Applied Biosystems), was determined in two Berber populations from Asni and Bouhria, in Central and Eastern Morocco, respectively. A total of 209 individuals were typed. No deviations from the Hardy-Weinberg equilibrium were observed for Asni at the 15 STRs loci whereas for the Bouhria samples, two loci (D5S818 and TH01) showed significant departures from Hardy-Weinberg expectations (after Bonferroni's correction). All loci are highly polymorphic and population differentiation tests showed that the Moroccan samples from Asni and Bouhria have significant differences in 4 out of 15 loci (D21S11, D7S820, D16S539 and TPOX). The aim of the study was to obtain accurate allele frequencies relevant for forensic applications. Comparative analyses between our population data and other population samples gathered from the literature are also presented.     

Evaluation of the use of pharmacological treatment with prisoners experiencing high levels of hypersexual disorder

This paper presents an evaluation of the impact of pharmacological treatment in reducing hypersexual disorder in adult males who have been incarcerated following conviction for a sexual offence. The evaluation compares two types of pharmacological treatment, one of which is part of the current NICE guidance for treatment of hypersexuality (Antiandrogens), whilst the other type (SSRIs) is off-label use in the UK for hypersexuality. The participant pool comprised 127 adult male prisoners serving sentences for sexual offences in a UK prison. Participants had been voluntarily referred for pharmacological treatment to manage hypersexual disorder. The results demonstrated a significant reduction of hypersexual disorder pre- and post-medication and contribute to the evidence base for the use of pharmacological treatment with individuals for whom hypersexual disorder may be a salient factor in their offending. Limitations of the current research are discussed.     

US Extended Nuclear Deterrence and Nuclear Order: An Australian Perspective

Abstract

This article addresses the question of how US extended nuclear deterrence might endure in a shifting Asia-Pacific where the traditional nuclear order underpinning the credibility of US security guarantees is deteriorating. The Australian case study demonstrates how periods of nuclear order and disorder can inform a state's attitudes toward the credibility of extended nuclear deterrence. Australia's interest in a nuclear weapons capability from 1956 to 1972 was symptomatic of a period of nuclear disorder. This interest declined from the early 1970s due to changes in both the global and regional environments where the proliferation and use of nuclear weapons was relatively contained. This emerging, recognizable nuclear order diminished the interest in an indigenous nuclear weapons capability and led Canberra to rely on US extended nuclear deterrence. This order has remained fairly robust for more than 30 years. However, beyond 2012, we may yet witness a breakdown in this order. This will generate a much greater interest by US allies in the operational aspects of US extended nuclear deterrence.