The Ethics of Corporate Legal Strategy: A Response to Professor Mayer

In this issue of the American Business Law Journal, Professor Don Mayer continues an important conversation regarding the ethics of corporate legal strategy. 1 Addressing several of my published works, Mayer offers two primary criticisms: (1) the works are too sanguine with regard to the appropriate scope of the strategic decision to “breach‐and‐pay,” and (2) the works offer too little guidance for the well‐intentioned corporate executive. In this response, I briefly restate my views, address Mayer's two criticisms, and offer concluding remarks.     

Skipping clues: forensic importance of the family Piophilidae (Diptera)

Among the insects which are typically considered of forensic interest, the family Piophilidae (Diptera) is frequently cited because of its common occurrence on carcasses in different stages of decay. Piophilids are mainly known from the cosmopolitan species Piophila casei, which can be also a major pest for the food industry and an agent of myiasis. However, many other species of Piophilidae occur frequently on carrion, including human corpses; hence, it is essential to ensure a careful identification of specimens. Reviews of relevant published information about the Piophilidae species of potential forensic use, including recent interesting records, are presented.     

Thermal development of latent fingermarks on porous surfaces—Further observations and refinements

In a further study of the thermal development of fingermarks on paper and similar surfaces, it is demonstrated that direct contact heating of the substrate using coated or ceramic surfaces at temperatures in excess of 230 °C produces results superior to those obtained using hot air. Fingermarks can also be developed in this way on other cellulose-based substrates such as wood and cotton fabric, though ridge detail is difficult to obtain in the latter case. Fluorescence spectroscopy indicates that the phenomena observed during the thermal development of fingermarks can be reproduced simply by heating untreated white copy paper or filter paper, or these papers treated with solutions of sodium chloride or alanine. There is no evidence to suggest that the observed fluorescence of fingermarks heated on paper is due to a reaction of fingermark constituents on or with the paper. Instead, we maintain that the ridge contrast observed first as fluorescence, and later as brown charring, is simply an acceleration of the thermal degradation of the paper. Thermal degradation of cellulose, a major constituent of paper and wood, is known to give rise to a fluorescent product if sufficient oxygen is available [1], [2], [3], [4], [5]. However, the absence of atmospheric oxygen has only a slight effect on the thermal development of fingermarks, indicating that there is sufficient oxygen already present in paper to allow the formation of the fluorescent and charred products. In a depletion study comparing thermal development of fingermarks on paper with development using ninhydrin, the thermal technique was found to be as sensitive as ninhydrin for six out of seven donors. When thermal development was used in sequence with ninhydrin and DFO, it was found that only fingermarks that had been developed to the fluorescent stage (a few seconds of heating) could subsequently be developed with the other reagents. In the reverse sequence, no useful further development was noted for fingermarks that were treated thermally after having been developed with ninhydrin or DFO. Aged fingermarks, including marks from 1-year-old university examination papers were successfully developed using the thermal technique.     

Still standing accused: addressing the gap between work and talk in firms of criminal defence lawyers

This paper presents findings from an ethnographic study investigating the everyday reality of legally aided criminal defence. This is the largest survey of its kind for fifteen years since two competing accounts clashed in this journal. In order to update understanding of this branch of the profession, participant observation and formal interviews are utilised to elucidate something of the health of the lawyer–client relationship as it currently stands. The results challenge the prospect of achieving access to criminal justice, as lawyers degrade their clients. However, this is deemed to be caused by a misalignment of values that might be rectified if lawyers are encouraged to become more ethically self-aware.     

Sex estimation in a modern American osteological sample using a discriminant function analysis from the calcaneus

Reliable methods for sex estimation during the development of a biological profile are important to the forensic community in instances when the common skeletal elements used to assess sex are absent or damaged. Sex estimation from the calcaneus has potentially significant importance for the forensic community. Specifically, measurements of the calcaneus provide an additional reliable method for sex estimation via discriminant function analysis based on a North American forensic population. Research on a modern American sample was chosen in order to develop up-to-date population specific discriminant functions for sex estimation. The current study addresses this matter, building upon previous research and introduces a new measurement, posterior circumference that promises to advance the accuracy of use of this single, highly resistant bone in future instances of sex determination from partial skeletal remains. Data were collected from The William Bass Skeletal Collection, housed at The University of Tennessee. Sample size includes 320 adult individuals born between the years 1900 and 1985. The sample was comprised of 136 females and 184 males. Skeletons used for measurements were confined to those with fused diaphyses showing no signs of pathology or damage that may have altered measurements, and that also had accompanying records that included information on ancestry, age, and sex. Measurements collected and analyzed include maximum length, load-arm length, load-arm width, and posterior circumference. The sample was used to compute a discriminant function, based on all four variables, and was performed in SAS 9.1.3. The discriminant function obtained an overall cross-validated classification rate of 86.69%. Females were classified correctly in 88.64% of the cases and males were correctly classified in 84.75% of the cases. Due to the increasing heterogeneity of current populations further discussion on this topic will include the importance that the re-evaluation of past studies has on modern forensic populations. Due to secular and micro evolutionary changes among populations, the near future must include additional methods being updated, and new methods being examined, both which should cover a wide population spectrum.     

Estimation of sex from hand and handprint dimensions in a Western Australian population

A number of recent studies have demonstrated that sex can be estimated with a high degree of expected accuracy through the analysis of anthropometric measurements of the hand. Presently, however, the majority of previous related research has been focused on a limited range of global populations. The aim of the present study, therefore, is to evaluate the accuracy of using anthropometric hand measurements for the estimation of sex in a contemporary adult Western Australian population; we also assess if sex can be accurately estimated from the measurement of handprints. The study sample comprises a total of 91 male and 110 female individuals; documented mean age for the males is 38 years (range 19-68) and for the female sample it is 36 years (range 18-63). A total of six linear measurements are taken from each hand and its corresponding print. Measurement data is analysed using basic univariate statistics and a series of direct and stepwise discriminant function analyses are performed to assess the sex classification potential of the hand and handprint variables. All six hand and handprint measurements are sexually dimorphic and sex explains 28.4-61.7% of the sample variance. The breadth and length of the hand contribute most significantly to sex discrimination; cross-validated sex classification accuracies range between 82.6 and 96.5% with a sex bias of ≤5%. We conclude that anthropometric measurements of the hand and handprint can be used to classify sex with a high degree of expected accuracy in a Western Australian population.     

Do PCL-R scores from state or defense experts best predict future misconduct among civilly committed sex offenders?

In a recent study of sex offender civil commitment proceedings, Murrie et al. (Psychol Public Policy Law 15:19-53, 2009) found that state-retained experts consistently assigned higher PCL-R total scores than defense-retained experts for the same offenders (Cohen's d > .83). This finding raises an important question about the validity of these discrepant scores: Which type of score, state or defense evaluator, provides the most useful information about risk? We examined the ability of PCL-R total scores from state and defense evaluators to predict future misconduct among civilly committed sex offenders (N = 38). For comparison, we also examined predictive validity when two state experts evaluated the same offender (N = 32). Agreement between evaluators was low for cases with opposing experts (ICCA,1 = .43 to .52) and for cases with two state experts (ICCA,1 = .40). Nevertheless, scores from state and defense experts demonstrated similar levels of predictive validity (AUC values in the .70 range), although scores from different types of state evaluators (corrections-contracted vs. prosecution-retained) did not. The finding of mean differences between opposing evaluator scores, but similar levels of predictive validity, suggests that scores from opposing experts in SVP cases may need to be interpreted differently depending on who assigned them. Findings have important implications for understanding how rater disagreement may relate to predictive validity.     

The recovery of latent text from thermal paper using a simple iodine treatment procedure

Faded, or actively removed text on thermally printed paper samples may be enhanced and retrieved through the use of a simple iodine fuming procedure. The recovery of printed documentation evidence in this fashion is neither affected by prior fingerprint enhancement techniques (such as ninhydrin or DFO), nor by sample age. This method allows, for the first time, evidence to be obtained from completely faded thermal paper samples (receipts, for example) as well as allowing deliberately removed printed text (a consequence of solvent washing pre-treatment in latent fingerprint enhancement procedures) to be recovered.     

Non-human Primate Studies Inform the Foundations of Fair and Just Human Institutions

Experiments with human participants have inspired new theories to capture human social, economic, and justice preferences, and shed new light on the foundation of institutions that promote and support large-scale exchange. Another source of valuable data for informing this agenda derives from studies with non-human primates. Here, we argue that primate studies of social preferences provide behavioral evidence supporting the role of the brain as an evolved social record-keeping device. Our argument follows Dickhaut et al. (Accounting Horizons 24:221?C255, 2010), who pointed to record-keeping as critical in enabling large-scale trade. Here, we note that record-keeping also underlies justice judgments in both personal exchange and large-scale trade. The reason is that evaluating whether an allocation is just requires tracking not only benefits that accrue locally, but also benefits for distant others. Further, if record-keeping is an evolved trait (as Dickhaut et al. in Accounting Horizons 24:221?C255, 2010 suggest), then it seems reasonable to expect it to be evidenced not only in humans, but also in non-human primates. Indeed, we argue that evidence from non-human primate research supports the Dickhaut hypothesis, thus supporting the role of justice in the emergence of fair and efficient economic exchange.     

Psychiatric correlates of medical care costs among veterans receiving mental health care

Research on increased medical care costs associated with posttraumatic sequelae has focused on posttraumatic stress disorder (PTSD). However, the provisional diagnosis of Disorders of Extreme Stress Not Otherwise Specified (DESNOS) encompasses broader trauma-related difficulties and may be uniquely related to medical costs. We investigated whether DESNOS severity was associated with greater nonmental health medical care costs in veterans receiving mental health care. Participants were 106 men and 105 women receiving VA outpatient mental health treatment. A standardized interview assessed DESNOS severity. The dependent variables consisted of primary and specialty medical treatment costs. Sequential zero-inflated negative binomial regression was used to evaluate the variance in medical costs accounted for by DESNOS severity, controlling for PTSD severity and established predisposing, enabling, and need-based health care factors. Contrary to our hypothesis, in fully adjusted models, DESNOS severity independently added a significant amount of variance to lower specialty medical care costs, whereas PTSD did not consistently account for significant variance in medical care costs. Greater DESNOS severity appears to be associated with lower specialty medical care costs but not primary care costs. These findings may indicate that patients with DESNOS symptoms are at risk for being underreferred for specialty care.