Introduction: The Challenge of Risk Communication in a Democratic Society

The symposium editors review key issues concerning the relationship between risk communication and public participation

Ethical Issues Arising When a Lawyer Leaves a Firm: Restrictions on Practice

Restriction on covenants not to compete have been a long-time feature of legal practice. Rules prohibiting law firms from restricting lawyers\u27 ability to practice or imposing penalties on lawyers that leave a firm attempt to balance the law firm\u27s interest in survival in a competitive market with the countervailing interests of attorney mobility, and protecting clients\u27 choice of counsel. Restrictions on covenants not to compete should be vigorously enforced, and the exception that allows for the forfeiture of retirement benefits by attorneys that choose to leave a firm should be narrowly applied to only those funds to which the departing attorney is not already entitled

Ethical Issues Arising When a Lawyer Leaves a Firm: Restrictions on Practice

Restriction on covenants not to compete have been a long-time feature of legal practice. Rules prohibiting law firms from restricting lawyers\u27 ability to practice or imposing penalties on lawyers that leave a firm attempt to balance the law firm\u27s interest in survival in a competitive market with the countervailing interests of attorney mobility, and protecting clients\u27 choice of counsel. Restrictions on covenants not to compete should be vigorously enforced, and the exception that allows for the forfeiture of retirement benefits by attorneys that choose to leave a firm should be narrowly applied to only those funds to which the departing attorney is not already entitled

How Much Do Immigration and Trade Affect Labor Market Outcomes?

macroeconomics, trade, labor markets, immigration

A Suggestion on Suggestion

Part I of the full article briefly describes the history and current slate of research into children\u27s suggestibility. In this part, we argue that, although psychological researchers disagree considerably over the degree to which he suggestibility of young children may lead to false allegations of sexual abuse, there is an overwhelming consensus that children are suggestible to a degree that, we believe, must be regarded as significant. In presenting this argument, we respond to the contentions of revisionist scholars, particularly those recently expressed by Professor Lyon. We show that there is good reason to believe the use of highly suggestive questions remains very common, and hat these questions present a significant possibility that children will make false allegations even on matters such as sexual abuse. Part II develops a framework, using Bayesian probability theory, for considering the findings described in Part I. We argue that there is merit to the traditional - and constitutionally compelled - view that an inaccurate criminal conviction is a far worse result than a failure to reach an accurate conviction, and that this perspective should inform the design of legal systems. With this in mind, we explain that even relatively slight probabilities of false allegations are potentially significant. Moreover, we show that the very substantial probability that a child who has been abused will fail to reveal the abuse tends, perhaps counterintuitively, to diminish the probative value of an allegation of abuse when it is actually made. In the discussion below, taken from Part III of the longer article, we turn to discussion of the legal implications of our analysis

The Child Quasi-Witness

This Essay provides a solution to the conundrum of statements made by very young children and offered against an accused in a criminal prosecution. Currently prevailing doctrine allows one of three basic outcomes. First, in some cases the child testifies at trial. But this is not always feasible, and when it is, cross-examination is a poor method for determining the truth. Second, evidence of the child\u27s statement may be excluded, which denies the adjudicative process of potentially valuable information. Third, the evidence may be admitted without the child testifying at trial, which leaves the accused with no practical ability to examine the child. We contend that courts should apply a very different framework. Some very young children lack the cognitive and perhaps moral development necessary to be considered witnesses for purposes of the Confrontation Clause; they are unable to understand the potential consequences of their statements and the significance of those statements. Accordingly, the Confrontation Clause should not apply to very young children\u27s statements. But a child who makes such a statement is still the source of evidence, often very probative evidence. Fundamental fairness therefore requires that the accused have the opportunity to examine the child in some manner. Such examination should not be cross-examination at trial. Rather, it should adhere to the model used for nonhuman sources of evidence: the accused should be able to select a qualified forensic interviewer, who will examine the child out of court according to a prescribed protocol. In this Essay, we outline standards that such a protocol might provide. This model allows evidentiary use of the child\u27s statement, gives the accused a better opportunity than does cross-examination to expose weaknesses in the child\u27s account, and minimizes trauma to the child

A Suggestion on Suggestion

The following essay is adapted from The Suggestibility of Children: Scientific Research and Legal Implication (86.1 Cornell Law Review 33-108 [November 2000]) and appears here with permission of the publisher. The vulnerabilities of young children have far-reaching implications for the juvenile and criminal justice systems. Arguably, these vulnerabilities may affect how an investigator should interview the child; whether her hearsay statements should be admitted; whether expert evidence concerning her vulnerability should be admitted; and whether a criminal conviction based principally on her testimony should be allowed

A Suggestion on Suggestion

The following essay is adapted from The Suggestibility of Children: Scientific Research and Legal Implication (86.1 Cornell Law Review 33-108 [November 2000]) and appears here with permission of the publisher. The vulnerabilities of young children have far-reaching implications for the juvenile and criminal justice systems. Arguably, these vulnerabilities may affect how an investigator should interview the child; whether her hearsay statements should be admitted; whether expert evidence concerning her vulnerability should be admitted; and whether a criminal conviction based principally on her testimony should be allowed

Atrial Flutter in Infants

ObjectivesWe sought to characterize the clinical nature of atrial flutter (AFL) in a large cohort of infants.BackgroundThere are no large studies describing the natural history of AFL in infants. Previous studies vary in the therapy used and expected prognosis.MethodsWe reviewed the records of all children younger than 1 year of age who were diagnosed with AFL at our hospital during the past 25 years, excluding those with previous cardiac surgery.ResultsWe identified 50 infants with AFL. Most, 36 (72%), presented within the first 48 h of life. Congestive heart failure was evident in 10 infants, with 6 presenting at 1 day of age, and 4 presenting beyond 1 month of age. The remainder were asymptomatic. A large atrial septal defect was the only structural heart disease. Spontaneous conversion to sinus rhythm occurred in 13 (26%) infants. Sinus rhythm was restored in 20 of 23 (87%) attempts at direct current cardioversion and 7 of 22 (32%) attempts at transesophegeal pacing; 7 required antiarrhythmic therapy. An additional arrhythmia, all supraventricular, appeared in 11 (22%) infants. The recurrence of AFL developed in 6 infants; 5 of 6 of these incidents occurred within 24 h of the first episode. All patients with recurrence had an additional arrhythmia.ConclusionsInfants with AFL usually present within the first 2 days of life. No association was found with structural heart disease. Direct current cardioversion appears to be most effective at establishing sinus rhythm. Chronic AFL has the potential to cause cardiovascular compromise. Atrial flutter in the absence of other arrhythmias has a low risk of recurrence. Once in sinus rhythm, infants with AFL have an excellent prognosis and may not require chronic antiarrhythmic therapy