Litigation Costs and Before‐the‐Event Insurance: The Key to Access to Justice?

The cost of civil litigation is a key factor in determining the extent of access to justice. Following cuts in legal aid attention has focused upon finding alternative methods of assisting litigants without producing costs which are out of proportion to the damages obtained. The recent report by Lord Justice Jackson attempts to deal with concerns about increasing and disproportionate costs said to arise in part because of the encouragement of conditional fee agreements. This article considers the proposals made in the report, and argues that too little attention has been paid to before‐the‐event insurance as a means of securing access to justice for the great majority of claimants who suffer personal injury.     

Criminal Specialization Revisited: A Simultaneous Quantile Regression Approach

Whether criminals are specialized or versatile in their offending is a long-standing research area that has been recently revitalized by a paradigm that recognizes that both specialization and versatility characterize offending careers. Based on data from an enriched sample of 500 adult habitual criminals, the current study introduces a measure of relative specialization—the offense specialization coefficient—and a novel analytical technique called simultaneous quantile regression to further the study of specialization. Although offenders committed a mix of offenses, there was considerable and at times pronounced evidence of specialization. Age, sex, and arrest onset had differential predictive validity of specialization for eight crimes at the 75th and 95th quantiles. Implications and suggestions for future research are offered.     

HUNTER‐GATHERER COLLABORATIVE PRACTICE

This article describes the development of a practice group based on a hunter‐gatherer model, with the mission of providing high quality collaborative divorce services, with an emphasis on protecting children and divorcing partners, and expanding access to middle‐ and lower‐income families. The practice group professional disciplines include law, mental health divorce coaching, co‐parent coaching, financial analysis, and case administration. These professionals have collectively associated their individual practices to address challenges facing their collaborative practices. With common purpose, the practice group builds skills, generates client base, nurtures trust, and lays a common knowledge base. Collaborative divorce teams formed from its members serve divorcing families with efficient, cost‐conscious, interest‐based negotiation processes that protect children and help parties productively move on with their lives.     

Developmental validation of the SPERM HY-LITER™ kit for the identification of human spermatozoa in forensic samples

Abstract: With sexual assault evidence, the visualization of spermatozoa confirms that ejaculation has occurred. However, microscopic examination of spermatozoa is a laborious process and can sometimes result in sperm cells being overlooked. Here, we present the developmental validation of the SPERM HY‐LITER? kit, which contains a human sperm–specific mouse monoclonal antibody coupled to a fluorescent Alexa 488 dye. The kit was tested using samples of human semen, saliva, blood, and urine, various animal semen extracts, sexual lubricants, and a commercially available spermicidal film. Postcoital vaginal swabs, degraded semen samples, and samples prepared with sample fixation techniques that deviated from the kit‐provided protocol were also tested. In each case, the SPERM HY‐LITER? kit was demonstrated to bind only to human sperm cell heads. Limitations to this fluorescent staining procedure include nonspecific staining and increased background fluorescence with extreme heat fixation in some samples.     

Examining the Role of Interrogative Suggestibility in Miranda Rights Comprehension in Adolescents

This study aimed to further clarify the association between interrogative suggestibility and Miranda rights comprehension in adolescents; in particular, we examined whether intellectual ability (IQ) serves as a mediator of this relationship. Participants completed Grisso’s Miranda Instruments, the Wechsler Abbreviated Scale of Intelligence, and the Gudjonsson Suggestibility Scale. Many youth demonstrated poor comprehension of their rights, particularly younger and less intellectually capable adolescents. Both yield and shift components of interrogative suggestibility were inversely related to rights comprehension; however, IQ fully mediated these relationships. Neither demographic variables (gender, ethnicity, socio-economic status after controlling for IQ, and English as a second language (ESL) status) nor previous police experience were significantly associated with rights comprehension in the present sample. The implications of these findings are discussed.     

Preliminary investigations into tris(2,2'-bipyridyl) ruthenium III as a chemiluminescent reagent for the detection of 3,6-diacetylmorphine (heroin) on surfaces

The use of tris(2,2'-bipyridyl) ruthenium (III) as a chemiluminescent spray reagent spot-test for heroin is discussed. Two forms of the reagent are investigated an aqueous and an anhydrous where both were found to give vastly different results. The aqueous reagent giving slow, low intensity chemiluminescence whilst the anhydrous reagent gave a fast, bright response in the presence of 3,6-diacetylmorphine. The anhydrous reagent is less sensitive the slow, intensity response is characteristic of only two opiates tested 3,6-diacetylmorphine and 3-monoacetylmorphine.     

Longitudinal Effects of a Universal Family-Focused Intervention on Growth Patterns of Adolescent Internalizing Symptoms and Polysubstance Use: Gender Comparisons

This study evaluated effects of the Iowa Strengthening Families Program, a family-focused universal preventive intervention, on growth patterns of adolescent internalizing (anxiety and depressive symptoms) and monthly polysubstance use (alcohol, tobacco, marijuana, inhalants, and other illicit drugs), as well as the association between internalizing and polysubstance growth factors. The sample consisted of rural Midwestern adolescents (N = 383), followed from sixth through twelfth grade. Compared to the control group, the intervention group adolescents showed a slower rate of increase in internalizing symptoms and polysubstance use. Intervention effects on internalizing symptoms were similar for boys and girls; however, girls demonstrated a higher overall level and a greater rate of increase across time. The intervention slowed the rate of increase in polysubstance use significantly more for girls than for boys, although overall levels of use were lower in the intervention group for both genders. Associations between internalizing and polysubstance use growth factors were found for girls, but not for boys, suggesting gender differences in psychosocial development.

Properties of novel and widely studied Y-STR loci in three South African populations

The objective of the present study was to examine the properties of a set of single-copy Y-STR loci to assess their suitability for forensic casework in three South African populations. Three criteria were used to select markers for assessment. Firstly, the single-copy markers of the minimal haplotype were selected based on their established use in forensic studies. Secondly, 8 markers were selected on the basis of high gene diversity values reported for several population studies, and thirdly 19 markers were chosen from a survey of Y-chromosome sequence with selections made primarily on the basis of the number of repeated elements present. Samples were typed from 101 English-speaking Caucasians, 88 Xhosa individuals and 77 Asian Indians. Gene diversity values, the number of alleles identified and the average stutter was determined for each locus.     

The ghost that slayed the mandate

Virginia v. Sebelius is a federal lawsuit in which Virginia has challenged President Obama's signature legislative initiative of health care reform. Virginia has sought declaratory and injunctive relief to vindicate a state statute declaring that no Virginia resident shall be required to buy health insurance. To defend this state law from the preemptive effect of federal law, Virginia has contended that the federal legislation's individual mandate to buy health insurance is unconstitutional. Virginia's lawsuit has been one of the most closely followed and politically salient federal cases in recent times. Yet the very features of the case that have contributed to its political salience also require its dismissal for lack of statutory subject matter jurisdiction. The Supreme Court has placed limits on statutory subject matter jurisdiction over declaratory judgment actions in which a state seeks a declaration that a state statute is not preempted by federal law--precisely the relief sought in Virginia v. Sebelius. These statutory limits are a sea wall; they keep out, on statutory grounds, some suits that should otherwise be kept out on Article III grounds. The statutory and constitutional limits on federal jurisdiction over suits like Virginia v. Sebelius insulate federal courts from the strong political forces surrounding lawsuits that follow from state statutes designed to create federal jurisdiction over constitutional challenges by states to federal law. This Article identifies previously neglected jurisdictional limits, shows why they demand dismissal of Virginia v. Sebelius, and explains why it is appropriate for federal courts to be closed to suits of this type.