Sexual Assault within Intimate Partner Violence: Impact on Helpseeking in a National Sample

Within intimate partner violence (IPV), sexual assault is often subsumed under the heading of physical abuse, but evidence suggests qualitative differences in outcomes when both types of abuse occur. This study explores the cumulative effect of sexual assault and physical abuse by a current or former intimate partner on helpseeking. Using a dataset of 1,072 IPV victims from 8 states, we found that women who had experienced sexual assault in addition to physical abuse (44%) used more help, but were also more likely to say that they did not seek help when they needed it. Among those who were aware of services, fear was the greatest obstacle to reaching out for help. Implications include the need for information on best practices in addressing the sequelae of both physical and sexual assault in victim service agencies.     

Back to first principles: a new model for the regulation of drug promotion

The US Food and Drug Administration''s (‘FDA’ or the ‘Agency’) current regulatory framework for drug promotion, by significantly restricting the ability of drug manufacturers to communicate important, accurate, up-to-date scientific information about their products that is truthful and non-misleading, runs afoul of the First Amendment and actually runs counter to the Agency''s public health mission. Our article proposes a New Model that represents an initial proposal for a modern, sustainable regulatory framework that comprehensively addresses drug promotion while protecting the public health, protecting manufacturers’ First Amendment rights, establishing clear and understandable rules, and maintaining the integrity of the FDA approval process. The New Model would create three categories of manufacturer communications—(1) Scientific Exchange and Other Exempt Communications, (2) Non-Core Communications, and (3) Core Communications—that would be regulated consistent with the First Amendment and according to the strength of the government''s interest in regulating the specific communications included within each category. The New Model should address the FDA''s concerns related to off-label speech while protecting drug manufacturers’ freedom to engage in truthful and non-misleading communications about their products.     

Time for a national approach to donor conception in Australia

There is a growing recognition of the interests and rights of individuals conceived using donated gametes in assisted reproductive technology to information about their biological parentage. In Australia these rights vary between jurisdictions according to differing statutory provisions. In February 2011 the Senate's Legal and Constitutional Affairs References Committee published its report on Donor Conception Practices in Australia. The report recommended the development of a nationally consistent approach to donor conception and recommended the enactment of legislation in those Australian jurisdictions without legislation regulating donor conception. This editorial reviews the Senate Committee report and its recommendations and supports calls for a nationally harmonised approach to donor conception in Australia.     

The Ongoing Debate Regarding the Duty to Defend and the Use of Extrinsic Evidence

Most courts agree that the duty to defend is broader than the duty to indemnify. Many courts also agree that the duty to defend should be determined by the four or eight corners rule. There is not agreement, however, whether extrinsic evidence may be used to expand, narrow, or eliminate the duty to defend. This article provides an overview of the issue and contends that extrinsic evidence is only appropriate in circumstances where a policyholder seeks to establish a defense obligation or where the insurer is aware of information independent of the complaint that confirms a defense obligation.