Pragmatism and precision : psychology in the service of civil litigation

While forensic psychology is commonly associated with the criminal and family law domains, its ambit to offer skills and knowledge at the legal interface also makes it particularly suited to the civil law domain. At this time, civil law is arguably the least represented legislative area in terms of psychological research and professional commentary. However, it is also a broad area, with its very breadth providing scope for research consideration, as urged by Greene. The purposes of this article are (1) to review the broad role of the psychologist in the conduct of civil litigation matters in Australia, (2) to assist the novice to the area by indicating a non-exhaustive list of potentially ambiguous terms and concepts common to the conduct of professional practice, and; (3) to highlight, as an example, one area of practice not only where legal direction demands professional pragmatism but also where opportunity arises for psychological research to vitally address a major social issue.

The Royal Commission into the NSW Police Service : process corruption and the limits of judicial reflexivity

This paper will offer an examination of the Reports of the Royal Commission into the NSW Police Service (Interim Report February 1996; Interim Report: Immediate Measures November 1996; Final Report Vol I: Corruption; Final Report Vol II: Reform; Final Report Vol III: Appendices May 1997) excluding the Report on Paedophilia, August 1997. The examination will be confined essentially to one question: to what extent do the published Reports consider the part played by the judiciary, prosecutors and lawyers, in the construction of a form of criminal justice revealed by the Commission itself, to be disfigured by serious process corruption? The examination will be conducted by way of a chronological trawl through the Reports of the Commission in an attempt to identify all references to the role of the judiciary, prosecutors and lawyers. The adequacy of any such treatment will then be considered. In order to set the scene a brief and generalised overview of the Wood Commission will be offered together with the Commission's definition of process corruption.

Civil litigation limitation periods : submission to the Royal Commission into institutional responses to child sexual abuse

This submission makes one simple yet powerful recommendation for law reform to promote justice for survivors of child sexual abuse. It is informed by extensive analyses of the phenomenon of child sexual abuse and its psychological sequelae, legislative time limits and case law across Australia and internationally, the policy reasons underpinning statutory time limits generally, and the need for fairness, certainty and practicability in the legal system. The recommendation is that legislative reform is required in all Australian States and Territories to remove time limitations for civil claims for injuries caused by child sexual abuse.

History of Molluscan Fishery Regulations and the Shellfish Officer Service in Massachusetts

Oysters, Crassostrea virginica, and softshell clams, Mya arenaria, along the Massachusetts coast were harvested by European colonists beginning in the 1600’s. By the 1700’s, official Commonwealth rules were established to regulate their harvests. In the final quarter of the 1800’s, commercial fishermen began harvesting northern quahogs, Mercenaria mercenaria, and northern bay scallops, Argopecten irradians irradians, and regulations established by the Massachusetts Legislature were applied to their harvests also. Constables (also termed wardens), whose salaries were paid by the local towns, enforced the regulations, which centered on restricting harvests to certain seasons, preventing seed from being taken, and personal daily limits on harvests. In 1933, the Massachusetts Legislature turned over shellfisheries management to individual towns. Local constables (wardens) enforced the rules. In the 1970’s, the Massachusetts Shellfish Officers Association was formed, and was officially incorporated in 2000, to help the constables deal with increasing environmental problems in estuaries where fishermen harvest mollusks. The constables’ stewardship of the molluscan resources and the estuarine environments and promotion of the fisheries has become increasingly complex.

Rapport sur le roulement et le service des juges des tribunaux civils, criminels et de police correctionelle : séance du 6 brumaire an 7 ([Reprod.]) / fait par la commission nommée à cet effet, composée des citoyens Guyot-Desherbier, Favart et Legier

Collection : Les archives de la Révolution française ; 9.1.379