Can we handle the truth? Legal fictions in the determination of death

Advances in life-saving technologies in the past few decades have challenged our traditional understandings of death. People can be maintained on life-support even after permanently losing the ability to breathe spontaneously and remaining unconscious and unable to interact meaningfully with others. In part because this group of people could help fulfill the growing need for organ donation, there has been a great deal of pressure on the way we determine death. The determination of death has been modified from the old way of understanding death as occurring when a person stops breathing, her heart stops beating, and she is cold to the touch. Today, physicians determine death by relying on a diagnosis of total brain failure or by waiting a short while after circulation stops. Evidence has emerged that the conceptual bases for these approaches to determining death are fundamentally flawed and depart substantially from our biological and common-sense understandings of death. We argue that the current approach to determining death consists of two different types of unacknowledged legal fictions. These legal fictions were developed for practices that are largely ethically legitimate but need to be reconciled with the law. However, the considerable debate over the determination of death in the medical and scientific literature has not informed the public of the fact that our current determinations of death do not adequately establish that a person has died. It seems unlikely that this information can remain hidden for long. Given the instability of the status quo and the difficulty of making the substantial legal changes required by complete transparency, we argue for a second-best policy solution of acknowledging the legal fictions involved in determining death. This move in the direction of greater transparency may someday result in allowing us to face squarely these issues and effect the legal changes necessary to permit ethically appropriate vital organ transplantation. Finally, this paper also provides the beginnings of a taxonomy of legal fictions, concluding that a more systematic theoretical treatment of legal fictions is warranted to understand their advantages and disadvantages across a variety of legal domains.     

Community effects on women’s help-seeking behaviour for intimate partner violence in India: gender disparity,feminist theory,and empowerment

ABSTRACT

While prior research has shown empowerment and gender disparity affect risk of intimate partner violence (IPV) in India, little research attention has been given to the effects of gender disparity and empowerment on the likelihood of help seeking for IPV. The present study used the nationally representative population-based 2005–2006 Indian National Family Health Surveys to assess individual/relationship- and community-level factors that influence help-seeking behaviour among a sample of women who reported having been involved in IPV. Results from the multilevel analyses revealed that working status, decision-making in the partner dyad, illiteracy, controlling behaviour, and severe physical or sexual abuse at the individual/relationship level affected the likelihood of help seeking. At the community level, age at marriage for women and the proportion of severe physical or sexual abuse affected help-seeking behaviours. Significant variation remains unexplained at the state level. Implications for programming are discussed.     

Z‐Transform Method for Pairwise Osteometric Pair‐matching,

A new pairwise osteometric pair‐matching approach based on the Z‐transform method is presented. In contrast to previous methods that perform a global t‐test on the summed skeletal element pair measurement distances, this approach performs t‐tests on each individual distance, facilitating the capture of measurement‐specific variation. This new approach is compared to published pairwise sorting methods using a standard reference dataset of postcranial remains maintained by the Defense POW/MIA Accounting Agency. Receiver operating characteristic curve analysis indicates significantly improved performance for the clavicle and radius over all previous methods (p < 0.01). The z‐transform method weighted by the effect size outperformed the t‐test (Byrd and Adams) and the mean t‐test (Lynch) for all elements (p < 0.01). The method performed better than the absolute value t‐test (Lynch) for five elements (p < 0.01) and performed at least as well for the remainder. To facilitate usability all methods are available at: https://github.com/spawaskar-cora/z-transform-method .     

University and Community Resources for Sexual Assault Survivors: Familiarity With and Use of Services Among College Students

Scholars have highlighted the prevalence of sexual assault on college campuses. Universities are generally equipped to address victimization through a range of resources, including counseling and psychological services. These resources are instrumental for posttrauma recovery, but students must be aware of and willing to use available services. This study used a sample of 505 survey responses collected at a mid-sized, public, Southern university regarding community and campus resource knowledge, familiarity, and service use. The majority of participants were unaware of resources. Females reported increased community resource familiarity compared to males. Multivariate models revealed distress disclosure, sexual victimization history, and race were significant predictors of service use but criminal justice major and law enforcement career plans were not significant. Implications are discussed.     

Suing Media for Libel: A Litigation Study

This article summarizes the results of a study of 291 reported cases brought against media for libel during a four-year period. The results confirmed the finding in an earlier study that only 5 percent of plaintiffs emerged from the appellate process with judgments compared with more than 60 percent of defendants. Most of the defense successes occurred without trial. In cases that did reach trial, plaintiffs were successful far more often before juries than before judges but lost more than half these judgments on appeal. Cases were analyzed in terms of the identity of the parties, the content of the charges, and the role of state and federal law in shaping the outcome. Despite the recent attention to federal constitutional protections, it is clear that media defendants still do, and must, rely heavily on state law defenses. Finally, the Hutchinson and Wolston rulings of 1979 produced little change in appellate decisions.     

Economic Perceptions and Vote Choice: Disentangling the Endogeneity

Much previous research shows that variation in vote choice closely follows variation in economic perceptions over time. A number of scholars argue that the pattern is rooted in cross-sectional effects and have found apparent evidence of such effects. However, most of these studies do not take into account the possibility that economic perceptions are themselves structured by vote choice, which poses potentially serious implications. We begin to address this endogeneity, focusing specifically on Lewis-Beck's (1988) analysis of economic voting. The results suggest that the cross-sectional effects of the economy on vote choice have been substantially overstated.     

Social representation

This paper examines social representation in the European Parliament using a model which uses the demand, the supply and the structure of opportunities as factors explaining differential recruitment. Analysis of the experiences of candidates suggest that supply–side factors proved more strongly related to candidates gaining winnable seats than demand–side factors. Results also confirm the importance of institutional structures in widening or narrowing opportunities, and suggest the European Parliament will remain social unrepresentative in the foreseeable future, a characteristic that serves only to add to the already considerable problems of legitimacy in the European Union.     

Measurement and the dynamics of party identification

Recent work has questioned the conclusions of the revisionist model of party identification. One central issue concerns the measurement of party identification. According to the critics, the research showing that partisanship is responsive to other political evaluations is in error because of peculiarities of measurement. I test this assertion by considering the effects that changes in measurement have on estimates of the dynamics of party identification. The results strongly support the original revisionist conclusions. The findings of responsiveness of party identification to evaluations of party issue positions are quite robust in the face of alternative measures of party identification.     

Single-strand conformation polymorphism of hyper-variable regions HV1 and HV2 of human mitochondrial DNA: detection by silver staining

Human mitochondrial DNA from 50 trios consisting of mother (M), child (C) and father (F) was PCR amplified with primers flanking the hyper-variable regions, HVR1 and HVR2. The amplified products were then fractionated under non-denaturing conditions, silver-stained and compared by single-stranded conformational polymorphism (SSCP). In all but one case, mother and child displayed identical patterns, which could be promptly distinguished from that of the father. For the remaining cases, either set of primers was sufficient to resolve the familial ties. In no instance, M displayed alleles different from those of C within each trio, demonstrating that no false exclusions occurred. The SSCP approach proved to be a robust technique suitable as a preliminary screening in cases requiring identification of multiple samples.