Inconsistencies in and the inadequacies of the family counselling and FDR confidentiality and admissibility provisions: The need for reform

In this article the author discusses issues arising from counselling and family dispute resolution (FDR) in relation to confidentiality and admissibility, such as whether an admission of abuse to a child, or a threat to harm the other parent, can be disclosed by the counsellor or family dispute resolution practitioner (FDRP) and used in court proceedings. It is found that the admissibility provisions in the Family Law Act 1975 (Cth) are far more narrowly defined than the confidentiality requirements and have been interpreted strictly by the courts. There are competing policy considerations: the strict “traditionalist” approach, that people can have absolute faith in the integrity of counsellors and mediators and in the confidential nature of the process, must be balanced against a more “protectionist” stance, being the individual rights of victims to have all relevant information placed before the court and to be protected from violence and abuse. It is suggested that legislative reform is required to ensure that courts balance these considerations appropriately and don’t compromise the safety of victims of abuse and family violence.

Passive pressure coefficients, critical failure surface and its kinematic admissibility

Using a combination of a logarithmic spiral and a straight line as a failure surface, comprehensive charts have been developed to determine the passive earth pressure coefficients and the positions of the critical failure surface for positive as well as negative wall friction angles. Translational movement of the wall has been examined in detail, considering the soil as either an associated flow dilatant material or a non-dilatant material, to determine the kinematic admissibility of the limit equilibrium solutions.

The relevance and admissibility of prior sexual history with the defendant in sexual offence cases

Kibble, N, ?The Relevance and Admissibility of Prior Sexual History with the Defendant in Sexual Offence Cases? (2001) 32 Cambrian Law Review 27-63 (cited with approval by HL in R v A(2) [2002] AC 45) RAE2008

Judicial Perspectives on the Operation of s.41 and the Relevance and Admissibility of Prior Sexual History Evidence: Four Scenarios

Judicial Perspectives on the Operation of s.41 and the Relevance and Admissibility of Prior Sexual History Evidence: Four scenarios. N.Kibble. Crim.L.R. 2005 190. RAE2008

Principles and prejudice: The erosion of fairness in admissibility determinations relating to historic child sexual abuse trials in Ireland

This thesis interrogates the construction of fairness to the accused in historic child sexual abuse trials in Ireland. The protection of fairness is a requirement of any trial that claims to adhere to the rule of law. Historic child sexual abuse trials, in which the charges relate to events that are alleged to have taken place decades previously, present serious challenges to the ability of the trial process to safeguard fairness. They are a litmus test of the courts’ commitment to fairness. The thesis finds that in historic abuse trials fairness to the accused has been significantly eroded and that therefore the Irish Courts have failed to respect the core of the rule of law in these most serious of prosecutions. The thesis scrutinises two bodies of case law, both of which deal with the issue of whether evidence should reach the jury. First, it examines the decisions on applications brought by defendants seeking to prohibit their trial. The courts hearing prohibition applications face a dilemma: how to ensure the defendant is not put at risk of an unfair trial, while at the same time recognising that delay in reporting is a defining feature of these cases. The thesis traces the development of the prohibition case law and tracks the shifting interpretations given to fairness by the courts. Second, the thesis examines what fairness means in the superior courts’ decisions regarding the admissibility of the following kinds of evidence, each of which presents particular challenges to the ability of the trial to safeguard fairness: evidence of multiple complainants; evidence of recovered memories and evidence of complainants’ therapeutic records. The thesis finds that in both bodies of case law the Irish courts have hollowed out the meaning of fairness. It makes proposals on how fairness might be placed at the heart of courts’ decisions on admissibility in historic abuse trials. The thesis concludes that the erosion of fairness in historic abuse trials is indicative of a move away from the liberal model of criminal justice. It cautions that unless fairness is prioritised in historic child sexual abuse trials the legitimacy of these trials and that of all Irish criminal trials will be contestable.

Filters method in direct search optimization, new measures to admissibility

Constrained nonlinear optimization problems are usually solved using penalty or barrier methods combined with unconstrained optimization methods. Another alternative used to solve constrained nonlinear optimization problems is the lters method. Filters method, introduced by Fletcher and Ley er in 2002, have been widely used in several areas of constrained nonlinear optimization. These methods treat optimization problem as bi-objective attempts to minimize the objective function and a continuous function that aggregates the constraint violation functions. Audet and Dennis have presented the rst lters method for derivative-free nonlinear programming, based on pattern search methods. Motivated by this work we have de- veloped a new direct search method, based on simplex methods, for general constrained optimization, that combines the features of the simplex method and lters method. This work presents a new variant of these methods which combines the lters method with other direct search methods and are proposed some alternatives to aggregate the constraint violation functions.

Parliamentary Debates in Statutory Interpretation: A Question of Admissibility or of Weight?

The article was first published in the McGill Law Journal. Un résumé en français est disponible.

The NAFTA investment dispute settlement mechanism and the admissibility of amicus curiae briefs by NGOs

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Non-similar fact propensity evidence: admissibility, dangers and jury directions

Propensity evidence remains one of the most obscure areas of evidence law. The uncertainty concerning its admissibility stems largely from a failure to identify the precise forms that such evidence may take and the exact dangers typically associated with each type of propensity evidence. Propensity evidence comes in three basic forms: similar fact evidence; relationship evidence; and where it is part of the res gestae. This article focuses on relationship evidence and res gestae propensity evidence and examines the circumstances in which such evidence should be received. The jury directions that ought to accompany such evidence are also considered.

Forensic marketing and consumer behaviour: admissibility of evidence

Purpose- The purpose of this paper is to explore the underlying aspects of Forensic Marketing and develop models that can be used in the forensic marketing analysis process. Thus providing support for the admissibility of marketing evidence in a court of law.Design/methodology/approach- A two stage approach used in this paper. The first stage involves a literature review identifying theories and the various constructs and variables leading to the formulation of two models firstly, for conducting forensic marketing analysis and secondly, to clarify the relationship of marketing issues to profitability of a product. The second stage involves examining court rulings in regards to the admissibility of marketing evidence.Contribution / implications-The contribution of this paper is towards the clarification and justification of the underlying constructs and variables in the forensic marketing analysis as evidence in determining economic loss.

Admissibility in Finitely Generated Quasivarieties

Checking the admissibility of quasiequations in a finitely generated (i.e., generated by a finite set of finite algebras) quasivariety Q amounts to checking validity in a suitable finite free algebra of the quasivariety, and is therefore decidable. However, since free algebras may be large even for small sets of small algebras and very few generators, this naive method for checking admissibility in Q is not computationally feasible. In this paper, algorithms are introduced that generate a minimal (with respect to a multiset well-ordering on their cardinalities) finite set of algebras such that the validity of a quasiequation in this set corresponds to admissibility of the quasiequation in Q. In particular, structural completeness (validity and admissibility coincide) and almost structural completeness (validity and admissibility coincide for quasiequations with unifiable premises) can be checked. The algorithms are illustrated with a selection of well-known finitely generated quasivarieties, and adapted to handle also admissibility of rules in finite-valued logics.

Admissibility via natural dualities

It is shown that admissible clauses and quasi-identities of quasivarieties generated by a single finite algebra, or equivalently, the quasiequational and universal theories of their free algebras on countably infinitely many generators, may be characterized using natural dualities. In particular, axiomatizations are obtained for the admissible clauses and quasi-identities of bounded distributive lattices, Stone algebras, Kleene algebras and lattices, and De Morgan algebras and lattices.

Exact Unification and Admissibility

A new hierarchy of "exact" unification types is introduced, motivated by the study of admissible rules for equational classes and non-classical logics. In this setting, unifiers of identities in an equational class are preordered, not by instantiation, but rather by inclusion over the corresponding sets of unified identities. Minimal complete sets of unifiers under this new preordering always have a smaller or equal cardinality than those provided by the standard instantiation preordering, and in significant cases a dramatic reduction may be observed. In particular, the classes of distributive lattices, idempotent semigroups, and MV-algebras, which all have nullary unification type, have unitary or finitary exact type. These results are obtained via an algebraic interpretation of exact unification, inspired by Ghilardi's algebraic approach to equational unification.