The Measurand Problem in Breath Alcohol Testing

Proper interpretation of forensic measurements can be critical to the administration of justice. Breath alcohol testing is commonly relied upon to measure the concentration of alcohol in breath or, indirectly, in blood. The concentration sought constitutes the “quantity intended to be measured,” referred to as the measurand. Although breath tests always probe the same physical quantity, their measurand is dictated by statute and varies between jurisdictions. Thus, identical numerical values obtained from tests in disparate jurisdictions may refer to different quantities and may not indicate the relevant statutory measurand. This can lead to misinterpretation of results, referred to as the “measurand problem.” We first illustrate the concept of the measurand. Thereafter, the measurand problem is illustrated through application of Hlastala's breath test paradigm and Gullberg's work on breath test uncertainty. It is shown that where the measurand is not properly accounted for, conclusions based upon breath test evidence are undermined.     

Regulating abortion: Impact on patients and providers in Texas

The State of Texas began enforcement of the Woman's Right to Know (WRTK) Act on January 1, 2004. The law requires that all abortions at or after 16 weeks' gestation be performed in an ambulatory surgical center (ASC). In the month the law went into effect, not one of Texas's 54 nonhospital abortion providers met the requirements of a surgical center. The effect was immediate and dramatic. The number of abortions performed in Texas at or after 16 weeks' gestation dropped 88 percent, from 3,642 in 2003 to 446 in 2004, while the number of residents who left the state for a late abortion almost quadrupled. By 2006, abortions at or after 16 weeks' gestation in a nonhospital setting were available in four major cities in Texas (down from nine in 2003), and the abortion rate at or after 16 weeks' gestation remained 50 percent below its pre‐Act level. Regulation of abortion providers that require new facilities or costly renovations could have profound effects on the market for second‐trimester abortions. © 2011 by the Association for Public Policy Analysis and Management.     

Eurodad's campaign on multilateral debt: The 1996 HIPC debt initiative and beyond

'Multilateral debt is not a widespread problem for Severely Indebted Low Income Countries' wrote the World Bank in September 1994. Two years later, the International Financial Institutions-the World Bank and the International Monetary Fund-agreed to a proposal to bring the debt of Heavily Indebted Poor Countries (HIPCs) to sustainable levels. While imperfect, the proposal went some way to meeting the demands of NGOs which, with progressive forces both within the World Bank and among creditor countries, have played a crucial role in this process. While the multilateral debt problem is now too great to ignore, the authors maintain that it has been the persistent pressure of these players that has been responsible for the enormous progress made by the IFIs.     

Professionalism as Bar Politics: The Making of the Model Rules of Professional Conduct

Based on extensive archival research, this article offers a political account of the six-year process in which the ABA developed its latest ethics code for lawyers, the Model Rules of Professional Conduct. The article casts doubt on the validity of several functionalist and critical theories about the provenance and significance of professional ethics codes generally and the ABA's codes in particular. It evaluates the Model Rules process as an instance of de facto law making by a private group. And it identifies a lawyer's "professionalism-in-fact"–a set of common themes in the way lawyers currently think about the field of legal ethics. At the same time, however, the article stresses the ethical pluralism and structural differentiation of today's legal profession and roots the ethical preoccupations of various types of lawyers in the circumstances of their particular practices.