In Search of the Nature and Function of Fiduciary Loyalty: Some Observations on Conaglen's Analysis

Fiduciary law is in a state of flux. We know that the core obligationof a fiduciary is an obligation of loyalty, but we are lesssure what ‘fiduciary loyalty’ encompasses. We knowa fiduciary has duties not to profit or put himself in positionsof conflict, but how these duties interact with other non-fiduciaryduties (whether tortious or contractual or otherwise) is moredifficult to discern. Against this background, Conaglen hasmade a recent contribution to our understanding of the fiduciarydoctrine. He suggests that fiduciary loyalty offers a subsidiaryand prophylactic form of protection for non-fiduciary duties.This article considers his analysis, and argues that it is notsupported by case law and creates a number of inexplicable implicationsfor the fiduciary doctrine. In view of these difficulties, Conaglen'sanalysis should be rejected.     

Cross-examination of liquid-liquid extraction (LLE) and solid-phase microextraction (SPME) methods for impurity profiling of methamphetamine

Impurities in 48 methamphetamine (MA) samples were analyzed by liquid-liquid extraction (LLE) and headspace solid-phase microextraction (HS-SPME) methods. MPS-2 autosampler was used to improve reproducibility of SPME method, and nonadecane (C(19)) diluted with potassium bromide (KBr) powder was used as an internal standard for standardizing retention time. Impurities identified by SPME method showed different patterns compared with LLE method. Non-volatile impurities like methamphetamine dimer were not identified by SPME method, but some volatile impurities like diphenylketone, caprolactam and lots of unknowns were identified only by SPME method. 1-Phenyl-2-propanone (P2P), 1-phenyl-2-propanol and benzylcyanide peaks could be discriminated clearly by SPME method without interference of amphetamine, an artifact originates from MA degradation. Differences in the impurity patterns resulted in different clustering results. When 48 MA samples were classified into 5 LLE and 5 SPME clusters, cross-matching of the clusters resulted in 8 sub-clusters. It shows that combination of the different extraction methods can distinguish the differences which cannot be distinguished by LLE or SPME method alone, and can improve reliability of the profiling results.     

Rapid and simple GC-MS method for determination of psychotropic phenylalkylamine derivatives in nails using micro-pulverized extraction

A rapid and simple gas chromatography-mass spectrometry (GC-MS) method was developed and validated for the simultaneous detection and quantification of five psychotropic phenylalkylamines (amphetamine, methamphetamine, 3,4-methylenedioxyamphetamine, 3,4-methylenedioxymethamphetamine, and norketamine) in toenails. After external decontamination, nail clippings were mechanically pulverized with a bead mill and then incubated in methanol under ultrasonication at 50°C for 1 h. The resulting solutions were evaporated to dryness, derivatized, and analyzed by GC-MS. The intra- and inter-day precisions were within 10.7% and 13.9%, respectively. The intra- and inter-day accuracies were -4.2% to 5.0% and -2.4% to 8.4%, respectively. Limits of detection and quantification for each analyte were lower than 0.024 and 0.08 ng/mg, respectively. The recoveries were in the range of 80.6-87.5%. The results indicated that the proposed method is a simple, rapid, accurate, and precise for quantification of five phenylalkylamines in nails. The method was successfully applied to the simultaneous detection and quantification of phenylalkylamines in nail samples of possible drug abusers.     

Punishing Disloyalty? Treason,Espionage, and the Transgression of Political Boundaries

This Article examines the idea of betraying or being disloyal to one’s own country as a matter of criminal law. First, the Article defines crimes of disloyalty as involving failures to prioritize one’s own country’s interests through participating in efforts to directly undermine core institutional resources the country requires to protect itself or otherwise advance its interests by force. Second, this Article canvasses various potential arguments for the existence of a duty not to be disloyal to one’s own country and argues that they fail. Finally, this Article argues that we should interpret the wrong of disloyalty crimes as involving not betrayal or infidelity, but transgression of political boundaries. That is, the relevant wrong here is rooted in the ideas of separation of powers and assignments of roles between citizens and the state, and we should thus conceive crimes of disloyalty as crimes of usurpation and evaluate the moral rights and wrongs of such crimes accordingly.     

Functions of parental involvement and effects of school climate on bullying behaviors among South korean middle school students

This study uses an ecological systems theory to understand bullying behavior. Emphasis is given to overcome limitations found in the literature, such as very little empirical research on functions of parental involvement and the impacts of school climate on bullying as an outcome variable. Two functions of parental involvement investigated are (a) bridging the negative experiences within the family with bullying behaviors at schools, and (b) influencing school climate. Bullying behaviors were measured by a modified Korean version of Olweus' bully/victim questionnaire (reliability range: .78-.84) from 1,238 randomly selected Korean middle school students in 2007. Findings from structural equation modeling (SEM) analyses showed that (a) individual traits are one of the most important influence on bullying, (b) negative experiences in the family do not have direct influence on bullying behaviors at school, (c) parental involvement influences school climate, and (d) positive school climate was negatively related to bullying behaviors.     

FATHERHOOD IN THE CHILD SUPPORT SYSTEM: AN INNOVATIVE PROBLEM‐SOLVING APPROACH TO AN OLD PROBLEM1

The article is a summary of the development of the District of Columbia Superior Court's Fathering Court Initiative. The Fathering Court Initiative is a problem‐solving court that has developed an innovative approach to child support cases that involves noncustodial parents returning from a period of incarceration. The program is designed to operate as a court based partnership between government and private sector organizations that match resources with family needs to promote responsible co‐parenting.     

Assessing a novel room temperature DNA storage medium for forensic biological samples

The ability to properly collect, analyze and preserve biological stains is important to preserving the integrity of forensic evidence. Stabilization of intact biological evidence in cells and the DNA extracts from them is particularly important since testing is generally not performed immediately following collection. Furthermore, retesting of stored DNA samples may be needed in casework for replicate testing, confirmation of results, and to accommodate future testing with new technologies.A novel room temperature DNA storage medium, SampleMatrix™ (SM; Biomatrica, Inc., San Diego, CA), was evaluated for stabilizing and protecting samples. Human genomic DNA samples at varying amounts (0.0625-200 ng) were stored dry in SM for 1 day to 1 year under varying conditions that included a typical ambient laboratory environment and also through successive freeze-thaw cycles (3 cycles). In addition, spiking of 1-4× SM into samples prior to analysis was performed to determine any inhibitory effects of SM. Quantification of recovered DNA following storage was determined by quantitative PCR or by agarose gel electrophoresis, and evaluation of quantitative peak height results from multiplex short tandem repeat (STR) analyses were performed to assess the efficacy of SM for preserving DNA.Results indicate no substantial differences between the quality of samples stored frozen in liquid and those samples maintained dry at ambient temperatures protected in SM. For long-term storage and the storage of low concentration samples, SM provided a significant advantage over freezer storage through higher DNA recovery. No detectable inhibition of amplification was observed at the recommended SM concentration and complete profiles were obtained from genomic DNA samples even in the presence of higher than recommended concentrations of the SM storage medium. The ability to stabilize and protect DNA from degradation at ambient temperatures for extended time periods could have tremendous impact in simplifying and improving sample storage conditions and requirements. The current work focuses on forensics analysis; however this technology is applicable to all endeavors requiring storage of DNA.     

Survey Research in Public Administration: Assessing Mainstream Journals with a Total Survey Error Framework

Survey research is a common tool for assessing public opinions, perceptions, attitudes, and behaviors for analyses in many social science disciplines. Yet there is little knowledge regarding how specific elements of survey research methodology are applied in practice in public administration. This article examines five mainstream public administration journals over an eight‐year period regarding current methodological practice, organized around the total survey error framework. The findings show that survey research in the field of public administration features mainly small‐scale studies, heavy reliance on a single data collection mode, questionable sample selection procedures, and suspect sample frame quality. Survey data largely are analyzed without careful consideration of assumptions or potential sources of error. An informed evaluation of the quality of survey data is made more difficult by the fact that many journal articles do not detail data collection procedures. This study concludes with suggestions for improving the quality and reporting of survey research in the field.     

E‐Participation,Transparency, and Trust in Local Government

This article examines the relationship between electronic participation (e‐participation) and trust in local government by focusing on five dimensions of the e‐participationprocess: (1) satisfaction with e‐participation applications, (2) satisfaction with government responsiveness to e‐participants, (3) e‐participants’ development through the participation, (4) perceived influence on decision making, and (5) assessment of government transparency. Using data from the 2009 E‐Participation Survey in Seoul Metropolitan Government, this article finds that e‐participants’ satisfaction with e‐participation applications is directly associated with their development and their assessment of government transparency. The findings reveal that e‐participants’ satisfaction with government responsiveness is positively associated with their perceptions of influencing government decision making. Furthermore, there is a positive association between e‐participants’ perception of influencing government decision making and their assessment of government transparency. Finally, the article finds that there is a positive association between e‐participants’ assessment of government transparency and their trust in the local government providing the e‐participation program.     

Public and private health‐care systems: what the literature says

Abstract: Since policy‐makers and health‐care administrators across Canada are currently interested in using privatization as a method of health‐system reform, an analysis of public‐private health systems and privatization initiatives is relevant, if not critical, at this time. The widespread and long‐standing popularity and considerable successes of the Canadian health‐care system demand such an analysis. The many investigations and other evaluative reports describing the performance of health systems and privatization make this analysis possible. The author conducted an extensive review of research and other literature on health‐sector privatization and private‐ or public‐health systems. Three themes depicting various public‐private relationships were found: 1) public or private delivery, payment, and administration of health care; 2) integration or separation of public‐ and private‐health sectors; and 3) the conceptualization of health care as a commodity or a right. These themes are examined through the prism of the Canadian health‐care system and recent developments in Alberta. A discussion of their operational successes, failures, limitations and other issues follows. The literature review shows that privatization, particularly if undertaken in what has been an essentially “public” health system such as Canada's, needs to be approached ‐ if at all ‐ with caution. Increased controls such as new forms of legislation and regulation would clearly be necessary. Research to monitor the effect of privatization initiatives would also be needed. Sommaire:EAtant donné que les décideurs et administrateurs de soins de santé Canadiens s'intéressent actuellement à la privatisation comme méthode de réforme du système de santé, une analyse des systèmes de santé public et privé et des initiatives de privatisation est par conséquent pertinente sinon essentielle. La vaste popularité de longue date et le succès considérable du système de soins de santé canadien exigent une telle analyse. Cette analyse a été rendue possible grâce aux nombreuses enquêtes et autres rapports d'évaluation décrivant le rendement des systèmes de santé et la privatisation. L'auteur a mené un examen approfondi des documents de recherche et autres écrits concernant la privatisation du secteur de la santé et les systèmes de santé public et privé. Trois thèmes dépeignant diverses relations entreles systèmes public et privé sont ressortis de cet examen: 1) la prestation, le paiement et l'administration des soins de santé, publics ou privés. 2) l'intégration ou la séparation des secteurs de santé public et privé; et 3) la conceptualisation des soins de santé, en tant que produit ou droit. Ces thèmes sont examinés à travers le système canadien de soins de santé et certains faits récents survenus et Alberta. Un débat s'ensuit sur les succès opérationnels, les échecs, les limitations de ces systèmes respectifs et sur d'autres questions. L'analyse documentaire montre que la privatisation ‐ en particulier si elle est entreprise dans un systeme de santé essentiellement public °Comme c'est le cas au Canada ‐ doit être abordée avec prudence ou pas du tout. Il serait absolument nécessaire d'instaurer des contrôles accrus par le biais de nouvelles lois et de nouveaux règlements. Il serait également nécessaire de contrôler les répercussions des initiatives de privatisation.