Kenya: succession,customary law

This article seeks to explore the idea that a health care professional who becomes aware that a patient has a genetic linked disorder should in some circumstances owe a duty to inform blood relatives of that fact, and that failure to so inform should be redressed through the law of negligence. This is a contention which has appeared in medical literature ¹ 1 Lucassen, A. (2007), Should families own genetic information? Yes, BMJ, 335(July), p. 22. and been the subject of litigation in American jurisprudence. ² 2 Pate v Threlkel (1995) 661 S0 2d (SC Florida); Safer v Puck (1996) 677 2d 1188 (SC, NJ). Given that medical researchers have identified the genetic causes of many human diseases through more sophisticated methods of DNA sequencing, and have confirmed the hereditary nature of many of these conditions, the disclosure of screening results is a serious and contentious issue. This is particularly so given the increasing importance of preventative medicine as a means of dealing with disease. ³ 3 See Seigler, M. (1982) Confidentiality in medicine – a decrepit concept, N‐Engl J Med, 307, p. 1518, where he refers to medicine expanding ‘from a narrow, disease‐based model to a model that encompasses psychological, social and economic problems’. Also note the increasing emphasis now given to the prevention of diabetes and obesity through lifestyle education. The article suggests, by reference to ethical discourse, and particularly Levinas' theory on responsibility, ⁴ 4 See Levinas, E. (1961) Totality and Infinity, trans. A. Lingus 1969 (Pittsburgh: Duquesne University Press); Levinas, E. (1974) Otherwise Than Being, or Beyond Essence, trans. A. Lingus 1981 (The Hague: Martinus Mijhoff). that health professionals do owe a duty of care to a patient's relatives, but that this duty may be discharged in ways which do not necessarily involve the disclosure of the information to those parties, and that it is only in certain, specified circumstances that a duty to disclose the information exists.     

The Gender Paradox in Prison Suicide Rates

Few studies of prison suicide have focused on suicide among female inmates, and even fewer studies have provided comparisons of rates by gender. Using national data on U.S. prisons and suicide, this study examined the “gender paradox” in prison suicide rates by comparing suicide rates of female and male inmates and U.S. residents and then examined characteristics of prisons that reported suicides. Findings indicated that rates of suicide in prison were similar for female and male inmates, but rates were higher for female inmates and lower for male inmates compared to the respective rates for female and male U.S. residents. Prisons that reported female suicides evidenced significant differences in prison conditions, including higher assault rates and mental health service utilization, compared to prisons for males and female prisons without suicide. Implications of the findings for understanding the gender paradox and for prison suicide prevention are discussed.     

Bullying in Early Adolescence and Antisocial Behavior and Depression Six Years Later: What Are the Protective Factors?

This study identified factors that protected (a) adolescent bullies from becoming antisocial young adults, and (b) adolescent victims of bullying from subsequent depression. Data were drawn from the Australian Temperament Project, a population birth cohort study that has followed participants since 1983. Systematic examination of potential risk modifiers (protective factors) was conducted within a regression framework. Low negative reactivity was found to protect bullies from later antisocial outcomes and higher parental monitoring moderated (ameliorated) the risk relation between bullying and antisocial behavior. High social skills and understanding schoolwork protected victims from later depression, but high attachment to peers intensified the risk relation between victimization and later depression. Preventive interventions targeting interpersonal skills and parent and peer relationships may be effective in reducing adverse outcomes of bullying.     

Family violence: Its relation to marital and parental satisfaction and family strengths

Previous research has shown the negative effects of violence on individual family members. However, a review of the literature reveals few studies that document the adverse effects of violence on family relationships. To assess these effects, 304 married parents anonymously completed a survey that included the following scales: conflict tactics, family strengths, marital satisfaction, and parent satisfaction. Results indicated significant decreases in perceived family strengths, marital satisfaction, and parent satisfaction as the use of physical violence among family members increased. These findings provide empirical support for the assumption that violence has a negative impact not only on individuals within a family but also on family relationships.     

Judicial Deference under the Human Rights Act

Judicial deference to the other branches of government has become a common judicial technique in cases arising under the Human Rights Act. The author outlines the current approach of British courts in deciding when to defer, arguing that it is flawed and unprincipled. The author goes on to argue that a principled approach to deference is necessary, and offers examples of when and how courts should defer to the other branches of government when considering constitutional claims.     

The economic impacts of the tobacco settlement.

Recent litigation against the major tobacco companies culminated in a master settlement agreement (MSA) under which the participating companies agreed to compensate most states for Medicaid expenses. Here the terms of the settlement are outlined and its economic implications analyzed using data from Massachusetts. The financial compensation to Massachusetts (and other states) under the MSA is substantial. However, this compensation is dwarfed by the value of the health impacts induced by the settlement. Specifically, Medicaid spending will fall, but only by a modest amount. More importantly, the value of health benefits ($65 billion through 2025 in 1999 dollars) from increased longevity is an order of magnitude greater than any other impacts or payments. The net efficiency implications of the settlement turn mainly on a comparison of the value of these health benefits relative to a valuation of the foregone pleasure of smoking. To the extent that the value of the health benefits is not offset by the value of the pleasure foregone, the economic impacts of the MSA will include a share of these health benefits.     

The blood feud in Waziristan

Water puppetry has become an iconic representation of Vietnam, and Hanoi's Th?ng Long Water Puppet Theatre is flourishing as part of the international tourist package. This article documents the radical modification in this theatre's performance themes in 2013 – from traditional to explicitly ethnicised – and subsequent reversion the following year. In exploring the possible role of state propaganda in these changes, and the government's mechanisms of influence over water puppetry, the politics of representation within Vietnam's art and performance sector are exposed.