Can consent be uninformed? Suggested reform of sexual offences against persons with intellectual disability

In R v Morgan (1970), the Supreme Court of Victoria stated that for incapacity to consent to be proved it must be shown that a person "has not sufficient knowledge or understanding to comprehend (a) that what is proposed to be done is the physical fact of penetration of her body by the male organ or, if that is not proved, (b) that the act of penetration proposed is one of sexual connexion as distinct from one of totally different character." It is my contention that this standard of knowledge is insufficient to allow a person to protect themselves against the commonly recognised consequences of sexual acts, namely pregnancy and sexually transmitted diseases. Although the literature suggests that increasing the benchmark of knowledge to encompass these facts would mean that many persons with intellectual disability would be deemed incapable of consent, I argue that consent that is not based on a standard of knowledge sufficient to allow an individual to safeguard their own interests cannot be considered valid consent. Law reform is required so that consent to sexual acts more closely resembles the informed consent required for medical treatment. Moreover, the provision of adequate sex education, repeated as required, would assist many people with intellectual disability to achieve understanding of both the nature and consequences of sexual acts. The proposed reforms would also allow people who, even after education, are unable to meet the requisite standard more certain legal protection than is currently the case

Credibility with Flexibility: The Evolution of Inflation-Targeting Regimes, 1990–2006

Beginning with a review of the adoption of inflation targeting in a broad group of countries, Paulin focuses on changes in the design of inflation-targeting frameworks in light of fifteen years of accumulated experience. Included in the discussion are the use of numerical targets and ranges, the policy horizon, supporting institutional policy structures, and communication, including the publication of forecasts. A recurring theme is how much flexibility an inflation-targeting regime allows. The article concludes that the changes made to the frameworks have been relatively modest since their adoption, but in concert with the improved credibility that has resulted from central banks meeting their inflation-control targets, they have allowed an increasingly nuanced response to economic shocks.

The Changing Face of Central Banking in the 1990s

During the 1990s, central banks in the industrialized countries made important changes in the way they operate. As part of these initiatives, central banks have endeavoured to define a set of best practices, learning from each other in the process. The goal was to improve and adapt the frameworks within which monetary policy is implemented. Clarifying Objectives A clear objective is a necessary starting point for any policy framework. The growing consensus that price stability is the most appropriate objective for monetary policy was perhaps one of the most critical developments of the past decade. Price stability is now universally regarded as the key contribution that monetary policy can make to promote sustainable growth and maximize the level of employment. Central banks also need a clear strategy for achieving their objective. A major development of the past decade was the growing popularity of inflation targets as the numerical focus for monetary policy. Clearly defined inflation targets focus policy on the variable that is directly associated with price stability. The Bank of Canada was one of the first to adopt (in 1991) a set of targets for inflation over a specified time horizon. Accountability Many central banks have acquired greater independence and this, together with the public's desire for more information from key public institutions, has raised the standards for accountability. At the same time, explicit targets provide a clear measure against which to judge the performance of the monetary authorities. Increased accountability also has implications for the overall transparency of the monetary authorities. In sum, central banks have become much more open institutions and are placing greater emphasis on their communications activities. As an example, comprehensive inflation reports have become key communications vehicles for a number of central banks. Many of the changes implemented by central banks stem from the desire to improve the credibility of monetary policy, thus making it easier for monetary authorities to achieve their objectives. Although it is difficult to ascertain the overall effect of the evolving policy framework, it is encouraging that inflation and inflation expectations were at low levels at the end of the 1990s, thus providing a solid base for monetary policy in the future.

The New Basel Capital Accord and the Cyclical Behaviour of Bank Capital

The authors conduct a counterfactual simulation of the proposed rules under the new Basel Capital Accord (Basel II), including the revised treatment of expected and unexpected credit losses proposed by the Basel Committee in October 2003. When the authors apply the simulation to Canadian banking system data over the period 1984–2003, they find that capital requirements for banks will likely fall in absolute terms even after allowing for the new operational risk charge (bearing in mind that the induced behavioural response of banks to the changed incentives under Basel II is not captured). The impact on the volatility of required bank capital is less clear. It will depend importantly on the credit quality distribution of banks' loan portfolios and on the precise way in which they calculate expected and unexpected losses. Sensitivity analysis, including that based on a range of hypothetical distributions for banks' loan portfolios, shows the potential for a substantial increase in implied volatility. Moreover, if historical relationships are a good indicator of the future, changes in required capital and provisions for commercial and industrial, interbank, and sovereign exposures will likely be countercyclical under Basel II (i.e., capital requirements will increase during recessions). This raises questions about the new accord's potentially procyclical impact on banks' lending behaviour, and the resultant macroeconomic implications.Financial institutions

The concept of sexual exploitation in legislation relating to persons with intellectual disability

The focus of this paper is on the use of the concept of sexual exploitation in legislation concerning sexual expression by persons with mental impairment, with particular emphasis on persons with intellectual disability. Two main statutory approaches have been adopted in Australian jurisdictions. The first is prohibition of sexual acts between a person with intellectual disability and others who, by virtue of their employment, are in a position of ascendancy over that person. The second is the prohibition of sexually exploitative acts by any person towards a person with an intellectual disability. The major aim in this article is to critically examine these approaches and evaluate them according to the standards of being non-discriminatory, minimally restrictive of rights, and enforceable. It is argued that comprehensively cataloguing sexually exploitative acts is untenable, with the result that prohibition of all sexual exploitation is unenforceable. The alternative, namely legislation that prohibits sexual relations with any person employed to render any kind of service to the intellectually disabled person, would further restrict an already limited number of potential sexual partners. We suggest that a more useful approach would be to prohibit sexual activity in one-on-one relationships whose scope is commonly understood to exclude such acts, while allowing relations between workers or caregivers and the persons to whom they do not directly render services. This mechanism would have to be narrowly defined to have the desired effect of affording protection to vulnerable persons while preserving their right to sexual expression

Some Nearly Quantum Theories

We consider possible non-signaling composites of probabilistic models based on euclidean Jordan algebras. Subject to some reasonable constraints, we show that no such composite exists having the exceptional Jordan algebra as a direct summand. We then construct several dagger compact categories of such Jordan-algebraic models. One of these neatly unifies real, complex and quaternionic mixed-state quantum mechanics, with the exception of the quaternionic "bit". Another is similar, except in that (i) it excludes the quaternionic bit, and (ii) the composite of two complex quantum systems comes with an extra classical bit. In both of these categories, states are morphisms from systems to the tensor unit, which helps give the categorical structure a clear operational interpretation. A no-go result shows that the first of these categories, at least, cannot be extended to include spin factors other than the (real, complex, and quaternionic) quantum bits, while preserving the representation of states as morphisms. The same is true for attempts to extend the second category to even-dimensional spin-factors. Interesting phenomena exhibited by some composites in these categories include failure of local tomography, supermultiplicativity of the maximal number of mutually distinguishable states, and mixed states whose marginals are pure.Comment: In Proceedings QPL 2015, arXiv:1511.0118

Composites and Categories of Euclidean Jordan Algebras

We consider possible non-signaling composites of probabilistic models based on euclidean Jordan algebras (EJAs), satisfying some reasonable additional constraints motivated by the desire to construct dagger-compact categories of such models. We show that no such composite has the exceptional Jordan algebra as a direct summand, nor does any such composite exist if one factor has an exceptional summand, unless the other factor is a direct sum of one-dimensional Jordan algebras (representing essentially a classical system). Moreover, we show that any composite of simple, non-exceptional EJAs is a direct summand of their universal tensor product, sharply limiting the possibilities. These results warrant our focussing on concrete Jordan algebras of hermitian matrices, i.e., euclidean Jordan algebras with a preferred embedding in a complex matrix algebra}. We show that these can be organized in a natural way as a symmetric monoidal category, albeit one that is not compact closed. We then construct a related category InvQM of embedded euclidean Jordan algebras, having fewer objects but more morphisms, that is not only compact closed but dagger-compact. This category unifies finite-dimensional real, complex and quaternionic mixed-state quantum mechanics, except that the composite of two complex quantum systems comes with an extra classical bit. Our notion of composite requires neither tomographic locality, nor preservation of purity under tensor product. The categories we construct include examples in which both of these conditions fail. In such cases, the information capacity (the maximum number of mutually distinguishable states) of a composite is greater than the product of the capacities of its constituents.Comment: 60 pages, 3 tables. Substantially revised, with some new result

Oral History Interview: Graydon Hamilton

This interview is one of a series conducted concerning West Virginia business owners. Mr. Hamilton is a resident of Blackberry City, West Virginia, and was living there at the time of the interview. He owns a general store where he holds the positions of postmaster, barber, and bus driver. Mr. Hamilton discusses his store, his family, Blackberry City, and school.https://mds.marshall.edu/oral_history/1090/thumbnail.jp

A comparative critical discourse analysis of three preservice teacher education Access programs.

This paper analyzes and compares the discourse of three developing Access programs in teacher education. Discourse is described as ideology found within text such as websites, brochures and application packages. Critical discourse analysis reveals the difference between the suggested policy describing student services offered within the vision statement and the actual practices offering services within the brochures, website, and application packages. A variety of programs with a common vision of equity, have been implemented to promote diversity and more accurately represent the learning population within the diversity of the teaching population. The goals of these programs are commonly based on promoting social justice, enhancing equity of opportunity, and addressing policy and procedure barriers to maximize full participation (Hall, 1990; James, 1997; Solomon, 1996; Shapson, 1994). The findings of this study utilize a framework model that considers the discourse of each institution, beyond examining only the administrative policy itself. This further examination may promote the reflective evolution and future progression of Access programs unique to each Faculty of Education. Each Access program that develops according to its own discourse, towards a vision of equity, may help to maximize the academic potential of underrepresented students and strive to reflect the learning population. Paper copy at Leddy Library: Theses & Major Papers - Basement, West Bldg. / Call Number: Thesis2005 .G73. Source: Masters Abstracts International, Volume: 44-03, page: 1133. Thesis (M.Ed.)--University of Windsor (Canada), 2005

Modernism in Ireland and its cultural context in the music and writings of Frederick May, Brian Boydell and Aloys Fleischmann

No abstract availabl