Children remain largely absent from sociolegal scholarship on sexual violence. Taking an intersectional approach to the analysis of attorneys’ strategies during child sexual assault trials, this article argues that legal narratives draw on existing gender, racial, and age stereotypes to present legally compelling evidence of credibility. This work builds on Crenshaw’s focus on women of color, emphasizing the role of structures of power and inequality in constituting the conditions of children’s experiences of adjudication. Using ethnographic observations of courtroom jury trials, (...) transcripts, and court records, three narrative themes of child credibility emerged: invisible wounds, rebellious adolescents, and dysfunctional families. Findings show how attorneys use these themes to emphasize the child’s unmarked body, imperceptible emotional responses, rebellious character, and harmful familial environments. The current study fills a gap in sexual assault research by moving beyond trial outcomes to address cultural narratives within the court that are inextricably embedded in intersectional dimensions of power and the reproduction of social status. (shrink)

The authors address problems with “compulsory” arbitration clauses in contracts. Specifically, they note that consumers are misguided about their rights in such cases. In addition, arbitration clauses do not allow the press to cover any proceedings that may result. The arbitration clauses in contracts are written in legalese that consumers do not understand. The authors found that even university students had difficulty understanding the information in such clauses. An example of an actual case is included.

The authors address problems with “compulsory” arbitration clauses in contracts. Specifically, they note that consumers are misguided about their rights in such cases. In addition, arbitration clauses do not allow the press to cover any proceedings that may result. The arbitration clauses in contracts are written in legalese that consumers do not understand. The authors found that even university students had difficulty understanding the information in such clauses. An example of an actual case is included.

Background: There is little research into medical students’ or doctors’ attitudes to abortion, yet knowing this is important, as policy makers should be aware of the views held by professionals directly involved in abortion provision and changing views may have practical implications for the provision of abortion in the future. Methods: We surveyed 300 medical students about their views on abortion, their beliefs about the status of the fetus and the rights of the mother, their attitude towards UK law and (...) their willingness to be involved in abortion provision as qualified doctors. Results: 62% of medical students were pro-choice, 33% pro-life and 7% undecided. Students’ views correlated with gender, year of study and holding a religious belief. Their beliefs about abortion, the status of the fetus and the rights of women significantly correlated with their attitudes towards the UK law and their willingness to be involved in abortion provision. Students’ willingness to be involved in abortion provision was related to their views on abortion, the extent of participation required, the circumstances of the pregnancy and the stage of pregnancy. Conclusions: The percentage of pro-choice students was lower than that found in research on general practitioners’ attitudes to abortion. It is unclear whether this is because students become more pro-choice as they progress through their medical career or because there is genuinely a change in attitudes to abortion. (shrink)

Older adults in the United States have been the age group hardest hit by the Covid pandemic. They have suffered a disproportionate number of deaths; Covid patients eighty years or older on ventilators had fatality rates higher than 90 percent. How could we have better protected older adults? Both the popular press and government entities blamed nursing homes, labeling them “snake pits” and imposing harsh fines and arduous new regulations. We argue that this approach is unlikely to improve protections for (...) older adults. Rather than focusing exclusively on acute and critical resources, including ventilators, a plan that respected the best interests of older adults would have also supported nursing homes, a critical part of the health care system. Better access to protective equipment for staff members, early testing of staff members and patients, and enhanced means of communication with families were what was needed. These preventive measures would have offered greater benefit to the oldest members of our population than the exclusive focus on acute care. (shrink)

Every day half a million passengers, 1.5 million e-mails and 1.5 trillion dollars cross international borders. In his Jihad versus McWorld — How the planet is both falling apart and coming together Benjamin Barber2 argues vividly that our modern world is torn apart by two opposite tendencies: On one hand is the globalization into enormous economic structures with one global marketplace for gigantic ‘global players’ like McDonald’s and Microsoft, accompanied by a shallow, universal, mass culture and the consumerist and materialistic (...) life-style of pop idols, video clips, soap series and popular brand names. And on the other hand is a flourishing fanatic nationalism claiming splintering independence of small ethnic communities and resulting in numerous bloody local wars: Rwanda, Bosnia, Kosovo, Timor. The refugees, that as a consequence of these conflicts flood the West, create there a multi-cultural, pluralistic society and consequently societal tension. (shrink)

The beginning of the seventy-sixth poem of Catullus appears to cause some modern readers considerable dismay. One may instance the reactions of R. O. A. M. Lyne: ‘Our first reaction to the beginning of this poem may be one of incredulity’ ; ‘The effect of such language is to imply an outrageous and implausible self-righteousness’ ; of K. Quinn: ‘a self-righteousness that makes us feel a little uncomfortable’ ; or of G. Williams: ‘this is sheer melodrama, a deft and surprising (...) reversal of “count your blessings”’; and, further down, on ‘si vitam puriter egi’: ‘This could be simply priggish or outrageous or both, but he does not mean it as a general statement’. (shrink)

Charting significant growth in science production over the 20th century in four European Union member states, this neo-institutional analysis describes the development and current state of universities and research institutes that bolster Europe’s position as a key region in global science. On-going internationalization and Europeanization of higher education and science has been accompanied by increasing competition as well as collaboration. Despite the policy goals to foster innovation and further expand research capacity, in cross-national and historical comparison neither the level of (...) R&D investments nor country size accounts completely for the differential growth of scientific productivity. Based on a comprehensive historical database from 1900 to 2010, this analysis uncovers both stable and dynamic patterns of production and productivity in Germany, France, Belgium, and Luxembourg. Measured in peer-reviewed research articles collected in Thomson Reuters’ Science Citation Index Expanded, which includes journals in the fields of Science, Technology, Engineering, Mathematics, and Health, we show the varying contributions of different organizational forms, especially research universities and research institutes. Comparing the institutionalization pathways that created the conditions necessary for continuous and strong growth in scientific productivity in the European center of global science emphasizes that the research university is the key organizational form across countries. (shrink)

What are human rights? In this article Enoch Powell, MP (a former Conservative Minister of Health), approaches this question through a critical discussion of Article 25 (I) of the United Nations Universal Declaration of Human Rights. Professor R S Downie in his accompanying commentary analyses Mr Powell's statements and takes up in particular Mr Powell's argument that claiming rights for one person entails compulsion on another person. In Professor Downie's view there is nothing in Article 25 (I) (...) that cannot embody acceptable moral rights, the commonly accepted interpretation of that Article of the UN Universal Declaration of Human Rights which many people think is wholly acceptable. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hobbits as Buddhists and an Eye for an "I"Paul Andrew PowellWhen a medieval scholar friend of mine1 (knowing that I am a longstanding student of Zen), asked me if I would read J. R. R. Tolkien's famous fantasy trilogy The Lord of the Rings to see what Buddhism, if any, could be culled from it, I was not enthusiastic, especially after watching the movie (yes, I watched the movie (...) before I embarked on the text), so full of heroes, their passionate violence, monster-like foes, and fantastic scenarios.2 Hardly the compassion of the Buddha, I thought. The trilogy is as well replete with Christian references and Tolkien was a devout Catholic, and much has been written on these and that, but I decided that that literature would not b e germane to this short and singular investigation. At any rate, I was not encouraged about the project, and yet, a certain character did happen to exhibit one intriguing feature that caught my Buddhist attention from the beginning. And as I began to read deeper into the text, a larger—implausible, some would say—thesis began to form in my mind around this character's one particular attribute. And I thought that at least I might cultivate one's imagination and jar one's thinking in productive ways. So I confess that the inferences I make and conclusions I draw here may be a bit fantastic (perhaps to match the material). But, to answer the question: Is there any Buddhism in The Lord of the Rings? Please keep an open mind, and in the spirit of fantasy, indulge my commentary on this quest.Sauron's EyeSauron's Eye can be associated with at least two considered forms of consciousness: will and omnipresence. It is "The Eye: that horrible growing sense of a hostile will that strove with great power to pierce all shadows of cloud, and earth, and flesh, and to see you: to pin you under its deadly gaze, naked, immovable."3 Also, we find that "The Dark Lord was suddenly aware of him [Frodo], the Eye piercing all shadows... Its wrath blazed like a sudden flame and its fear was like a great black smoke, for it knew its deadly peril, the thread upon which hung its doom... [I]ts thought was now bent with all its overwhelming force upon the Mountain."4 But will (we will return [End Page 31] to "omnipresence" some other time) is a neutral force. And clearly, Sauron's will is not neutral; it is a profoundly malevolent will. For we can also read that Sauron is a "dreadful menace of power... brooding in deep thought and dreadful malice."5 He is full of "policies and webs of fear and treachery... stratagems and wars."6An Eye For An I?Buddhism is a practice which reveals the true nature of things: self, reality, suffering. So let's more deeply consider the nature of Sauron's corruption. It seems unlikely, from a Buddhist view, that the Oxford scholar's central villain is a simple stand-in for brute evil (as might appear upon a first reading), for if evil is ontological then the only reasonable response to it is to strategize how best to cope with its encounter. This, in fact, is the Christian response to evil. Evil is: it exists a priori as a supernatural force outside of human intervention and its temptations may be successfully resisted through self-discipline and moral strength, and possibly an appeal to the supernatural, but never defeated absolutely by a stratagem of human will. It is true that Frodo struggles to resist the Ring's power, but mere coping is not the Fellowship's strategy. The fact that Tolkien's Fellowship actually undertakes to destroy the Ring through stratagem admits that Sauron's corruption is an emergent property of an underlying and vulnerable source rather than a supernatural, a priori property outside of human intervention.Instructively, and like the Fellowship, Buddhists as well understand that human suffering possesses an underlying and vulnerable source that can be overcome in human terms, and this vulnerable source of suffering is the human I. The Buddha... (shrink)

The beginning of the seventy-sixth poem of Catullus appears to cause some modern readers considerable dismay. One may instance the reactions of R. O. A. M. Lyne: ‘Our first reaction to the beginning of this poem may be one of incredulity’ ; ‘The effect of such language is to imply an outrageous and implausible self-righteousness’ ; of K. Quinn: ‘a self-righteousness that makes us feel a little uncomfortable’ ; or of G. Williams: ‘this is sheer melodrama, a deft and surprising (...) reversal of “count your blessings”’; and, further down, on ‘si vitam puriter egi’: ‘This could be simply priggish or outrageous or both, but he does not mean it as a general statement’. (shrink)