“Judicial Nationalism” in International Law: National Identity and Judicial Autonomy at the ICJ

To many, the International Court of Justice’s allowance for a State to have a co-national on the bench when the Court hears its case is an affront to “justice.” The unstated assumption—under which both the critics of the practice and the States who demand it operate—is that national judges will view co-nationals with greater sympathy than they do foreigners. Despite its intuitive appeal, it is troubling that States, critics and academics alike have accepted this assumption with little questioning. In fact, nothing on “judicial nationalism” in the ICJ has appeared in the academic literature since the 1960s. Given the ICJ’s growing profile and caseload, a new analysis is long overdue. Through an examination of the history of ICJ judicial votes since the Court’s inception through 2000, this paper demonstrates that the presumed “nationality” bias of ICJ judges was never as powerful as claimed by alarmists, and today seems to be breaking down further. For reasons related largely to the changing nature of nationality, linking nationality with expected judicial voting behavior is an over-simplified and blunt heuristic

An Examination of LMX: Accounting for Leadership Style, Performance, and Subordinate Gratitude

The current study used a controlled laboratory setting to examine how leadership style, gratitude (trait & state), and performance (high & low) affect how subordinates perceive Leader-Member-Exchange (LMX) quality, and additionally how these variables interact when predicting performance congruence. Participants were formed into groups led by a trained research assistant acting as the group leader. Following this, they were asked to work on a group task, complete a short writing assignment, and complete a sequence of surveys. Results found that both leadership style and trait gratitude were both significantly related to LMX ratings. However, state gratitude, performance, and all hypothesized interactions were found to be non-significant. Additional analyses suggest that LMX fully mediates the relationships between trait gratitude, leadership style, and performance congruence. Research conclusions and future directions are discussed

Consumer preferences for scanning modality to diagnose focal liver lesions

Objectives: Differences in the process of using liver imaging technologies might be important to patients. This study aimed to investigate preferences for scanning modalities used in diagnosing focal liver lesions. Methods: A discrete choice experiment was administered to 504 adults aged 25 years. Respondents made repeated choices between two hypothetical scans, described according to waiting time for scan and results, procedure type, the chance of minor side-effects, and whether further scanning procedures were likely to be required. Choice data were analyzed using mixed-logit models with respondent characteristics used to explain preference heterogeneity. Results: Respondents preferred shorter waiting times, the procedure to be undertaken with a handheld scanner on a couch instead of within a body scanner, no side-effects, and no follow–up scans (p .01). The average respondent was willing to wait an additional 2 weeks for the scan if it resulted in avoiding side-effects, 1.5 weeks to avoid further procedures or to be told the results immediately, and 1 week to have the scan performed on a couch with a handheld scanner. However, substantial heterogeneity was observed in the strength of preference for desirable imaging characteristics. Conclusions: An average individual belonging to a general population sub–group most likely to require imaging to characterize focal liver lesions in the United Kingdom would prefer contrast–enhanced ultrasound over magnetic resonance imaging or computed tomography. Insights into the patient perspective around differential characteristics of imaging modalities have the potential to be used to guide recommendations around the use of these technologies

Organised crime and public sector corruption

Foreword: In 2006, the Australian Government introduced the Anti-money Laundering and Counter-Terrorism Financing Act 2006 (Cth) which increased regulatory controls over businesses potentially able to facilitate organised criminal activities such as money laundering. The implementation of tougher legislation and associated law enforcement interventions may result in criminal organisations adjusting their tactics in order to continue their activities without detection. In this paper, the risk and potential impact of tactical displacement by organised criminals is discussed with regard to the potential for increased attempts by organised crime groups to corrupt public servants. There is a paucity of research exploring the nature and extent of public sector corruption committed by organised crime groups. This discussion is informed by literature on ‘crime scripts’ originally developed by Cornish (1994) and the 5I’s crime prevention framework developed by Ekblom (2011). Making use of public-source information about the commission of such crimes, as exemplified in two recent corruption cases, some intervention strategies are proposed that may be effective in reducing the risks of corruption of public sector officials by organised crime groups in Australia

Segmental Kinematic Analysis of Planovalgus Feet during Walking in Children with Cerebral Palsy

Pes planovalgus (flatfoot) is a common deformity among children with cerebral palsy. The Milwaukee Foot Model (MFM), a multi-segmental kinematic foot model, which uses radiography to align the underlying bony anatomy with reflective surface markers, was used to evaluate 20 pediatric participants (30 feet) with planovalgus secondary to cerebral palsy prior to surgery. Three-dimensional kinematics of the tibia, hindfoot, forefoot, and hallux segments are reported and compared to an age-matched control set of typically-developing children. Most results were consistent with known characteristics of the deformity and showed decreased plantar flexion of the forefoot relative to hindfoot, increased forefoot abduction, and decreased ranges of motion during push-off in the planovalgus group. Interestingly, while forefoot characteristics were uniformly distributed in a common direction in the transverse plane, there was marked variability of forefoot and hindfoot coronal plane and hindfoot transverse plane positioning. The key finding of these data was the radiographic indexing of the MFM was able to show flat feet in cerebral palsy do not always demonstrate more hindfoot eversion than the typically-developing hindfoot. The coronal plane kinematics of the hindfoot show cases planovalgus feet with the hindfoot in inversion, eversion, and neutral. Along with other metrics, the MFM can be a valuable tool for monitoring kinematic deformity, facilitating clinical decision making, and providing a quantitative analysis of surgical effects on the planovalgus foot

Kinematic Foot Types in Youth with Equinovarus Secondary to Hemiplegia

Background Elevated kinematic variability of the foot and ankle segments exists during gait among individuals with equinovarus secondary to hemiplegic cerebral palsy (CP). Clinicians have previously addressed such variability by developing classification schemes to identify subgroups of individuals based on their kinematics. Objective To identify kinematic subgroups among youth with equinovarus secondary to CP using 3-dimensional multi-segment foot and ankle kinematics during locomotion as inputs for principal component analysis (PCA), and K-means cluster analysis. Methods In a single assessment session, multi-segment foot and ankle kinematics using the Milwaukee Foot Model (MFM) were collected in 24 children/adolescents with equinovarus and 20 typically developing children/adolescents. Results PCA was used as a data reduction technique on 40 variables. K-means cluster analysis was performed on the first six principal components (PCs) which accounted for 92% of the variance of the dataset. The PCs described the location and plane of involvement in the foot and ankle. Five distinct kinematic subgroups were identified using K-means clustering. Participants with equinovarus presented with variable involvement ranging from primary hindfoot or forefoot deviations to deformtiy that included both segments in multiple planes. Conclusion This study provides further evidence of the variability in foot characteristics associated with equinovarus secondary to hemiplegic CP. These findings would not have been detected using a single segment foot model. The identification of multiple kinematic subgroups with unique foot and ankle characteristics has the potential to improve treatment since similar patients within a subgroup are likely to benefit from the same intervention(s)

Was Adam Smith an individualist?

Smith is generally regarded as an individualist without qualification. This article argues that his predominantly individualist policy prescription is rooted in a more complex philosophy. He sees nature, including human nature, as a vast machine supervised by God and designed to maximize human happiness. Human weaknesses, as well as strengths, display the wisdom of God and play their part in this scheme. While Smith pays lip-service to justice, it is really social order that preoccupies him, and, within that, the defence of property. Individuals are valued as bearers of property. As persons, individuals are deceived by nature into acting in a socially beneficial way. In different ways Smith systematically denies the autonomy of the individual with respect to the whole of which he or she is part. For Smith, individual liberty is not the end, but the means, of sustaining social order and property

A Massive Progenitor of the Luminous Type IIn Supernova 2010jl

The bright, nearby, recently discovered supernova SN2010jl is a member of the rare class of relatively luminous Type~IIn events. Here we report archival HST observations of its host galaxy UGC5189A taken roughly 10yr prior to explosion, as well as early-time optical spectra of the SN. The HST images reveal a bright, blue point source at the position of the SN, with an absolute magnitude of -12.0 in the F300W filter. If it is not just a chance alignment, the source at the SN position could be (1) a massive young (less than 6 Myr) star cluster in which the SN resided, (2) a quiescent, luminous blue star with an apparent temperature around 14,000K, (3) a star caught during a bright outburst akin to those of LBVs, or (4) a combination of option 1 and options 2 or 3. Although we cannot confidently choose between these possibilities with the present data, any of them imply that the progenitor of SN2010jl had an initial mass above 30Msun. This reinforces mounting evidence that many SNe IIn result from very massive stars, that massive stars can produce visible SNe without collapsing quietly to black holes, and that massive stars can retain their H envelopes until shortly before explosion. Standard stellar evolution models fail to account for these observed properties.Comment: 6 pages, 4 figures, submitted to Ap

Intrafeather and Intraindividual Variation in the Stable-Hydrogen Isotope (δD) Content of Raptor Feathers

Stable-hydrogen isotope ratios (deuterium:protium; δD) in feathers enable researchers to evaluate patterns of avian movement and to estimate the source areas of migratory birds. However, variation in feather δD remains inadequately described, thus confounding inferences of avian movement and origin. We assessed variation within a feather and among feathers within and between tracts in three species of immature raptors. Within contour feathers, measurements of δD increased from a distal section to an adjacent, proximal section; the magnitude of δD increase varied with raptor species. Furthermore, contour and flight feathers differed systematically in their δD content. Two explanations for intrafeather and intraindividual variation warrant further investigation: (1) hydrogen isotope fractionation associated with feather growth rate, and (2) the incorporation of temporal variation in environmental δD into growing feathers. We consider these explanations for raptors and passerines, which seemingly differ in the incorporation of deuterium into feathers. Additionally, corresponding sections of multiple contour feathers exhibited better measurement repeatability than multiple sections within a contour feather; the variability of multiple δD measurements within a feather tract (geometric SD: ±3.5%) suggests that biological effects on the repeatability of δD measurements from concurrently grown feather material are difficult to distinguish from analytical effects. In most cases, intrafeather and intraindividual variation can be minimized by informed sample selection decisions, but both sources of variation must be considered when stable-hydrogen isotopes are used to infer the geographic origins of migrants, ascertain migratory connectivity, and facilitate avian conservation decisions