Educational malpractice and setting damages for ineffective teaching: a comparison of legal principles in the USA,England and Australia

The extent to which educational institutions and their teachers in the USA, England, and Australia should bear legal responsibility in damages for ineffective classroom teaching is the subject of this article. At the heart of the controversy regarding educational malpractice is the issue of remedies. Federal and state courts in the USA have resisted awarding damages where such an award would appear to sound in educational malpractice. However, although courts in Australia have yet to declare with any degree of certainty, they appear positioned to follow the English approach that ostensibly acknowledges a school's duty of care to provide effective education for all children.     

Laws and Roll Calls in the U.S. Congress, 1891–1994

Recent empirical studies of lawmaking activity by legislatures rely heavily on roll call based measures and assume that roll call activity reflects lawmaking activity. We question this assumption for the case of the U.S. Congress. We examine several plausible sources of dissonance between the set of enacted public statutes and the universe of recorded votes in the U.S. Congress, using a comprehensive dataset of public enactments and roll call activity between 1891 and 1994. Because only 11.9% of the bills signed into law receive a recorded vote in the House, only 7.9% receive a recorded vote in the Senate, and only 5.5% receive a recorded vote in both the House and Senate, we provide guidance as to when studying voting behavior is likely a reasonable proxy for lawmaking behavior. There are sometimes important differences between the laws that do and do not receive a roll call that researchers should account for when using roll calls to study lawmaking in the U.S. Congress.     

Australia's Quest to Enrich Uranium and the Whitlam Government's Loans Affair

The renewed debate about Australia enriching uranium raises issues associated with a previous attempt thirty‐five years ago. The Atomic Energy Commission hatched plans in the mid‐1960s to position Australia as a supplier of enriched fuel, especially to the Japanese market. This would be done using centrifuge technology, a cheaper and more efficient method than that used by the United States. That fact, along with concerns in Washington to restrict the proliferation of nuclear weapons, led to opposition to rival enrichment programs. Whitlam and Connor miscalculated here. Ratifying the Nuclear Non‐proliferation Treaty was not enough to stay opposition to raising a loan designed mainly to give Australia an enrichment program.     

Police leniency in traffic enforcement encounters: Exploratory findings from observations and interviews

Despite the volume of time officers spend on traffic enforcement encounters, there was limited research exploring how they used their discretion in such interactions. Issues relating to police decision making patterns in the enforcement of motor vehicle laws were particularly salient in light of the on-going debate over racial profiling. This study examined how officers made decisions (in particular, to stop and to sanction) in the course of traffic enforcement. Using field observations and interviews with officers in a small midwestern agency, the authors described the factors and forces that officers used in making discretionary choices. The findings indicated that leniency in sanctioning was very common and that officers expected citizens to be contrite and acknowledge responsibility for their infractions. Implications for larger and more systematic observational studies are discussed.     

Developmental Validation of the Quantifiler® Duo DNA Quantification Kit for Simultaneous Quantification of Total Human and Human Male DNA and Detection of PCR Inhibitors in Biological Samples*

Abstract: The Quantifiler^® Duo DNA Quantification kit enables simultaneous quantification of human DNA and human male DNA as well as detection of inhibitors of PCR in a single real-time PCR well. Pooled human male genomic DNA is used to generate standard curves for both human (ribonuclease P RNA component H1) and human male (sex determining region Y) specific targets. A shift in the cycle threshold (C_T) values for the internal positive control monitors the presence of PCR inhibitors in a sample. The assay is human specific and exhibits a high dynamic range from 0.023 to 50 ng/μL. In addition, the multiplex assay can detect as little as 25 pg/μL of human male DNA in the presence of a 1000-fold excess of human female DNA. The multiplex assay provides assessment of the DNA extract and guidance for the selection of the appropriate AmpFℓSTR^® Amplification Kit to obtain interpretable short tandem repeat profiles.     

Joint custody: a comprehensive review

This article presents a comprehensive overview of joint custody. The history and legislative implications are discussed, as are pertinent issues relative to the reported advantages and disadvantages of joint custody. Finally, the role of the mental health professional in assisting with counseling divorced families either before, during, or after a custody decision is discussed.     

A comparison of methods used in the UK and Ireland for the extraction and detection of semen on swabs and cloth samples

The recent formation of a United Kingdom and Irish working group, the Body Fluids Forum (BFF), highlighted the need to investigate different working practices prior to any inter-laboratory comparison work and identification of best practice. Various dilutions of semen were seeded onto swabs and cloth samples for each BFF member laboratory to test using their standard techniques. The results showed that the detection of acid phosphatase on swabs is best achieved using direct testing rather than on an extract from the swab. Extraction methods for spermatozoa require a balance to be achieved between using a sufficient volume of water to ensure optimal release and minimal volume to ensure a concentrated extract. PSA tests were investigated and found to be more sensitive than Choline. DNA profiles were obtained from samples in which no spermatozoa had been detected during microscopic examination.