CAP reform and world trade negotiations

In March 1999 the European Council in Berlin agreed on reforms to the Common Agricultural Policy (CAP). Dr Joseph McMahon of the Queen’s University of Belfast examines these reforms in relation to the European Community’s Agenda 2000 proposals and the next round of WTO negotiations and argues that they may not go far enough. Article by Dr Joseph A. McMahon published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London

It Doesn\u27t Pass the \u3ci\u3eSell\u3c/i\u3e Test: Focusing on The Facts of the Individual Case in Involuntary Medication Inquiries

Criminal defendants who are incompetent to stand trial have a significant liberty interest in refusing the antipsychotic medication that could restore their competency. The Supreme Court cautioned that instances of intrusion upon that right “may be rare,” and, in Sell v. United States, it laid out what it believed to be stringent criteria for when a defendant could be medicated against his will. Yet, since Sell, trial courts have ordered over sixty-three percent of defendants involuntarily medicated. These individuals did not pose a danger to themselves or others, and they were rarely accused of crimes that involved damage to individuals or property. But the medication of these defendants, once predicted to be “rare,” has instead become routine. In this article, I argue that the overmedication of non-dangerous defendants is a result of the structure of the Sell test and its tilt in favor of the government. The use of a checklist of four threshold elements favors the issuance of medication orders because the court need not balance the defendant’s liberty interest in avoiding medication against the government’s interest in administering it. In addition, three of the four boxes on the checklist concern medical questions about the efficacy and side effects of antipsychotic medication that will fall in the government’s favor in the vast majority of cases. However, while the Sell test contains the seeds of the overmedication problem, it also contains the solution. The first factor of the test requires courts to consider whether the government interest at stake is “important,” and it mandates that courts assess the “facts of the individual case” to determine if the government interest crosses that bar. While few courts have delved deeply into this factor, some have looked to the nonviolent nature of the crime or the government’s minimal likelihood of success on the underlying criminal charge in concluding that the government interest in prosecuting the defendant was not important. I argue that more courts can and should follow this path. Such an approach would limit the involuntary medication of defendants to those exceptional cases where it is truly warranted

Reforming Competence Restoration Statutes: An Outpatient Model

Defendants who suffer from mental illness and are found incompetent to stand trial are often ordered committed to an inpatient mental health facility to restore their competence, even if outpatient care may be the better treatment option. Inpatient facilities are overcrowded and place the defendants on long waiting lists. Some defendants then spend weeks, months, or even years in their jail cell, waiting for a transfer to a hospital bed.Outpatient competence restoration programs promise to relieve this pressure. But even if every state suddenly opened a robust outpatient competence restoration program, an obstacle looms: the statutes governing competence restoration, which default to the inpatient treatment model. Several states mandate inpatient restoration in their statutory scheme. The rest allow for outpatient restoration, but the language of these laws often preserves the inpatient default by requiring defendants to meet a series of nebulous criteria before allowing them to participate in outpatient treatment. This Article is the first to examine how the language of competence restoration statutes, even those that allow for outpatient treatment, defaults to commitment to an inpatient facility. I do so by examining the wide latitude these statutes give to judges to place defendants in inpatient care and show how that discretion, paired with widespread false presumptions about the mentally ill, leads to overcommitment of incompetent defendants in state mental health facilities.I propose amendments to these statutes that will encourage judges to place defendants in outpatient care. Statutes must flip from inpatient-required or inpatient-unless to outpatient-unless, defaulting to outpatient treatment unless some specific criteria justify committing the defendant to an inpatient facility. Such a change would relieve pressure on inpatient facilities, opening up space for those who truly need inpatient treatment for competence to be restored. It would also ensure that specific criteria—not misunderstandings or fears about the mentally ill—inform the decision to commit the defendant to inpatient care

The Space of Reception: Framing Autonomy and Collaboration

In this paper we analyse the ideas implicit in the style of exhibition favoured by contemporary galleries and museums, and argue that unless the audience is empowered to ascribe meaning and significance to artwork through critical dialogue, the power not only of the audience is undermined but also of art. We argue that galleries and museums preside over an experience economy devoid of art, unless (i) indeterminacy is understood, (ii) the critical rather than coercive nature of art is facilitated, and (iii) the conditions for inter-subjectivity are met

Apollo experience report: Guidance and control systems: CSM service propulsion system gimbal actuators

The service propulsion system gimbal actuators of the Apollo command and service module were developed, modified, and qualified between February 1962 and April 1968. The development of these actuators is described as the result of extensive testing, retesting, and modification of the initial design. Successful completion of each mission without anomalies attributable to the actuators indicated that the particular configuration (modification) in use was adequate for the flight profile imposed

Nonlinear Morphoelastic Plates I: Genesis of Residual Stress

Volumetric growth of an elastic body may give rise to residual stress. Here a rigorous analysis of the residual strains and stresses generated by growth in the axisymmetric Kirchhoff plate is given. Balance equations are derived via the global constraint principle, growth is incorporated via a multiplicative decomposition of the deformation gradient, and the system is closed by a response function. The particular case of a compressible neo-Hookean material is analyzed and the existence of residually stressed states is established

Nonlinear morphoelastic plates II: exodus to buckled states

Morphoelasticity is the theory of growing elastic materials. This theory is based on the multiple decomposition of the deformation gradient and provides a formulation of the deformation and stresses induced by growth. Following a companion paper, a general theory of growing nonlinear elastic Kirchhoff plate is described. First, a complete geometric description of incompatibility with simple examples is given. Second, the stability of growing Kirchhoff plates is analyzed

X-chromosome inactivation mosaicism in the three germ layers and the germ line of the mouse embryo

Electrophoretic variant forms of the X-linked enzyme phosphoglycerate kinase (PGK-1, E.C.2, 7, 2, 3) have been used to examine X-chromosome mosaicism in tissues from 121/2-day post coitum heterozygous female mouse embryos. Samples of yolk-sac endoderm, neural ectoderm, heart (mesoderm), liver (endoderm) and germ cells were analysed from each embryo. In all tissues except yolk-sac endoderm, both PGK-1 isozymes were expressed. The extent of covariance among tissues with respect to the PGK-1 isozyme contribution is consistent with all tissues being derived from the same pool of cells after X-inactivation. The covariance among tissues gives an estimate of the size of this pool (47 cells) and places the earliest time of X-inactivation in epiblast cells between 41/2 and 51/2 days post coitum. From the independent variance among tissues within an individual, the average primordial precursor pool size for the three germ layers and the germ line itself was estimated as 193 cells

Analogical Reasoning

This chapter from our book Legal Writing in Context aims to demystify analogical reasoning for law students

Contemporary developments in teaching and learning introductory programming: Towards a research proposal

The teaching and learning of introductory programming in tertiary institutions is problematic. Failure rates are high and the inability of students to complete small programming tasks at the completion of introductory units is not unusual. The literature on teaching programming contains many examples of changes in teaching strategies and curricula that have been implemented in an effort to reduce failure rates. This paper analyses contemporary research into the area, and summarises developments in the teaching of introductory programming. It also focuses on areas for future research which will potentially lead to improvements in both the teaching and learning of introductory programming. A graphical representation of the issues from the literature that are covered in the document is provided in the introduction