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November 1999 Criminal justice • Low-cost divorce kit available online in
Britain
A British online legal service that offers do-it-yourself divorce software is hoping to expand to the United States and Europe. The divorce contract is drawn up based on answers to a questionnaire included in the $130 Desktop Lawyer software, which can be downloaded from the company's web site. Customers e-mail completed documents to the software maker, which then mails printed copies to the court. In contrast, British lawyers typically charge $800 for a divorce. November 1999 contents | IssueWatch home page • Disclosure of nonparty records new trend in tort cases
Defense attorneys increasingly are trying to introduce the records of nonparties — people not directly involved in a suit — as evidence in certain types of court cases, a practice that deviates from traditional discovery rules. In tort cases, where wrongdoing must be established, defense attorneys are seeking to introduce the medical or educational records of such people as parents or siblings in an effort to show that the alleged injuries could have been caused by something other than the defendant's product or actions. For example, such records might show that all the siblings in a family have the same cognitive, behavioral or developmental deficits, yet the suit names only one child as having been harmed. Defense attorneys could then argue that the problem is the result of the plaintiff’s genetics or environment, rather than the defendant’s actions or product. Many rulings on whether the practice is permissible have been made in conjunction with cases involving lead paint poisoning, medical malpractice and medical products liability. Experts speculate that defense attorneys may seek to use nonparty records in other kinds of cases, such as exposure to chemicals. Defense attorneys in medical cases want to be able to examine nonparty records on which expert witnesses’ opinions are based to challenge the reliability of that testimony. In some cases, courts have allowed the records to be introduced as evidence as long as the names of the nonparties are not included. State courts in Massachusetts, Pennsylvania, Louisiana, Maryland and New York are among those that have allowed discovery of nonparty records. Proponents of the practice say nonparty records can provide evidence to challenge the plaintiff's claim of causation, while opponents argue that disclosure of medical and educational records of parents and siblings is irrelevant and violates the nonparties' rights to privacy. Critics of the practice warn that insurance companies, which are often defendants, may use the disclosed records to later deny coverage for pre-existing conditions; they also say threatening disclosure may be a tactic to intimidate plaintiffs. Jennifer Wiggins, a University of Maine law professor, claims that bias may exist in the lead poisoning cases where this disclosure has been allowed. Many of these cases have been brought by African-American or Hispanic families. "The nonparty discovery requests imply that such people are less deserving of privacy rights than others," she says. Congress is considering prohibiting disclosure of medical records except when the person seeking the records would be hindered from establishing a defense or claim without them. November 1999 contents | IssueWatch home page • Telemedicine
cuts costs of health care for inmates, study reports
Telemedicine offers prisoners greater access to medical specialists at lower
costs while maintaining a secure environment, a National Institute of Justice
study reports. Prison health care costs can be one-fifth of total prison operating costs and
are rising, the study found. The increase is being fueled in part by offenders
who are aging, are serving longer sentences and have growing health care needs.
Adding to the problem is that prisons are often in geographically remote areas.
To receive specialized care, prisoners must either be brought to the specialist
or the specialist must come to them — both expensive alternatives. The year-long study of three federal prisons and a prison health care
facility found that using telemedicine saved the three prisons more than $59,000
by avoiding the need to transfer prisoners to the medical center. Another
$27,500 was saved when the use of telemedicine prevented about 35 trips to local
specialists. Telemedicine also improved the quality of care by giving prisoners
access to more expert specialists and shorter waiting times. HIV-positive
prisoners also could get help from infectious disease experts, care that was not
available locally. Evaluators estimated that using a telemedicine system 100 times a month for
15 months would cover the initial cost of the equipment; thereafter, the monthly
savings would be about $14,200. November 1999 contents | Minnesota IssueWatch
home page • Severely mentally ill people are more likely to be violent crime victims,
study shows Sufferers of severe mental illness are more than twice as likely — 8
percent versus 3 percent — to be victims of attacks, rapes or muggings than
the general population, report North Carolina researchers. The risk of
victimization was four times greater for those who used drugs or alcohol. The study looked at the types and amounts of crime experienced by 331 people
with severe mental illness. Study participants had been hospitalized because of
severe mental illness and had returned to live in the community after being
discharged. The 178 males and 153 females ranged in age from 20 to 70. About 66
percent were African American; the rest were white, except for one Hispanic and
one Asian. Almost 63 percent lived in urban and suburban areas of four cities,
while the others lived in small towns or rural sections of nine participating
counties. Most lived with parents or in their own homes, while about 6 percent
were homeless at least part of the time. Subjects tended to have low incomes,
averaging $500 a month; about two-thirds had no earned income. Researchers say
severely mentally ill people are more likely to become victims of violent crimes
because of their illness and where they live — generally in poor neighborhoods
with high rates of crime. The study found that subjects living in urban and
suburban areas had a greater chance of being crime victims than those who lived
in small towns and rural areas. About 27 percent of the mentally ill people said they had been victims of
violent and nonviolent crime in the four months preceding their interviews for
the study. Nearly 60 percent, however, said they were satisfied with their
personal safety. November 1999 contents | Minnesota IssueWatch
home page • Tennessee program improves highway safety, study reports
Fewer people—2.5 percent a month—are dying in alcohol-related crashes on
Tennessee roads where motorists with cellular phones are participating in a
program aimed at improving highway safety, a recent study reports. Under the widely promoted program called "Eyes on the Street,"
cellular phone users make a free call to *384 when they see a suspected drunk
driver or other road emergency. They are connected directly to the police. To determine the effectiveness of the program, the study authors compared the
percentage of fatal alcohol-related highway crashes before and after the program
was implemented. Although the program was begun on April 1, 1995, the study
looked at data from January 1987 to December 1997. The researchers found the
overall alcohol-related crash rate was lower on highways after the program was
implemented than before and that the rate was lower on roads with the program
than those without during the same period. At least 38 percent of the nation’s traffic fatalities in 1997 were
alcohol-related, according to the National Highway Traffic Safety
Administration. November 1999 contents | IssueWatch home page Education • Year-round schedule may boost segregation and hinder student performance
The year-round school schedule used by a southern California school district
has increased inequities and negatively affected student performance, say two
researchers. California is using year-round schedules in an effort to reduce
class sizes. The unnamed district offered the schedule with four staggered tracks to its
32,000 students on a first-come, first-served basis; teachers chose their
schedules by seniority. Researchers found that children who had better informed
parents or a parent who could get to the school during the day to sign them up
were more likely to get their first choice of tracks. The two most popular
tracks — those with breaks most like traditional school vacations — had the
most white students and the most experienced teachers. By contrast, the two less
desirable tracks had the highest proportions of minority students,
non-English-speaking students, low-income children and newer teachers. More than
50 percent of the instructors in one such track were in their first year of
teaching. The researchers stressed that the more important finding was that the
resulting segregation led to significant differences in student achievement.
Students in the most popular track had the highest math and reading scores,
while those in the least popular track — the one with no breaks in the summer
— had the lowest. About 25 percent of all California students attend school
year-round. Nationally, 42 percent of some 3,000 school systems operating
year-round use a multitrack system similar to that of the southern California
district. November 1999 contents |
IssueWatch
home page • New laws let retired teachers work at full pay while receiving pension In response to teacher shortages, South Carolina, Maryland, North Carolina
and Texas have added or changed laws so that some retired teachers can return to
the classroom and receive full pay plus their pension. California recently
expanded its program, begun in 1996, so more retirees could take part. Supporters say the retirees are qualified, experienced and can be great
mentors to new teachers. In South Carolina, retirees who teach in critical-need
districts or subject areas can earn full-time pay while drawing their pensions.
Other retirees can earn up to $25,000 a year while collecting 55 percent of
their retirement payments. In California, retirees can earn their full salaries
and pensions if they work in schools where class-size reductions have been
initiated. Poor districts or those needing the most teachers may not be able to afford
the salaries of the more experienced retirees, however. In Texas, for example,
few districts have taken advantage of a new law that allows mathematics, science
or technology teachers to receive full salaries and pensions, according to
Debbie Graves Radcliffe of the Texas Education Agency. "If districts can
find a brand-new teacher or a teacher with a year or two of experience versus a
30-year veteran, they can hire for significantly less pay," she says. Minnesota note: Earnings limits for retired Minnesota teachers are based
on age and federal Social Security rules. During calendar year 2000, retirees
under age 65 can earn $10,080 per calendar year; those between 65 and 69 can
earn $17,000 per year; and those 70 and older have no restrictions. For every
two dollars earned over the limit, the pension and the recipient’s Social
Security payments each are reduced by one dollar. The amount that can be earned
in the year of retirement is prorated on the retirement date; for example, a
teacher retiring on June 30 could earn $5,040 in 2000 without his or her pension
being affected. November 1999 contents | IssueWatch home page • Kids perform better in classrooms with natural light, study shows
Pupils score higher on math and reading tests in classrooms that have more
natural light, according to a study of three school districts by a California
energy-consulting firm. After rating the amount and distribution of light in the districts'
elementary school classrooms and controlling for factors such as family income
that might affect test scores, the Heschong Mahone Group investigators looked at
standardized test results. In Seattle and Fort Collins, Colorado, students in
schools with the most natural light scored 9 to 13 percent and 7 percent higher,
respectively, than those in schools with the least natural light. Students
attending the most light-filled schools in the Capistrano Unified School
District in Orange County, California, where researchers could compare fall and
spring scores, had scores that were 20 percent higher in math and 26 percent
higher in reading. A related study of 108 stores in a retail chain found that sales also were
higher by an average of 40 percent in stores that had skylights. The studies
were commissioned by Pacific Gas and Electric, a California utility, as part of
a program to encourage the use of natural light to save energy. November 1999 contents | IssueWatch home page • Revenue that colleges gain from "affinity" cards will not be taxed,
court rules
Colleges can collect revenue tax-free from "affinity" credit cards
they co-sponsor, a U.S. appeals court has ruled. Affinity cards can generate thousands of dollars annually for schools. The
appeals court case involved the nonprofit alumni associations at Oregon State
University and the University of Oregon, which had received about $1.1 million
dollars over two years by allowing the use of their names, seals and logos on
the cards. The Internal Revenue Service argued the alumni groups had done enough
work to promote the cards to qualify the income as taxable. The court, however,
held that the income should be characterized as nontaxable royalties. November 1999 contents | IssueWatch
home page Environment • Aviation's contribution to global warming highlighted in report
An international panel claims that aircraft contrails produced by the
condensation of water vapor at high altitudes have a detrimental effect on
climate and atmospheric ozone. More than 3 percent of human-made global warming is attributable to gases
released in aircraft exhaust, according to the Intergovernmental Panel of
Climate Change, but the greater problem is where the gases are emitted.
"Aircraft emit gases and particles directly into the upper troposphere and
lower stratosphere where they have an impact on atmospheric composition,"
according to the panel’s report, which was the work of more than 100 experts.
As a consequence, more carbon dioxide and water vapor, the two principal gases
causing the greenhouse effect, go into the atmosphere, which then retains more
solar heat and oxides of nitrogen and sulfur, two other greenhouse gases. Even
if planes were made more fuel-efficient, the overall rate of global warming
would continue to increase, the report maintains, because the rate of passenger
air travel is climbing rapidly. Fuel consumption, with corresponding emission
rates, is projected to triple between 1992 and 2050. November 1999 contents | IssueWatch
home page • Private well water with bacteria linked to stomach ulcers
Researchers have found the first direct link between stomach ulcers and the
presence of a particular bacterium in Pennsylvania well water. Penn State Harrisburg researchers tested private well water and found
Helicobacter pylori, an organism that causes 75 percent of all stomach ulcers
and two kinds of stomach cancers. They then interviewed the residents who drank
the well water and found that the presence of the bacterium was significantly
correlated with cases of stomach ulcers. Drinking water is generally considered safe if it does not contain coliform
bacterium, head researcher and assistant professor of environmental microbiology
Katherine H. Baker says. However, tests used to look for coliform bacterium do
not detect H. pylori. Baker emphasized that the study involved only private
untreated water supplies; municipal water sources are less likely to contain the
organism. Baker first identified the bacterium in well and surface waters in the
region more than a year ago. It was the first report of live H. pylori in
surface water in the United States and the first time scientists found a major
source of the organism outside the human body. An estimated 2.5 million new H. pylori infections occur annually in the
United States. Nearly 5 million people suffer from peptic ulcer disease, and
about 16,000 die annually from complications associated with the disease.
Treatment costs exceed $5 billion. Minnesota note: About 25 percent of Minnesotans use well water as their
primary source of drinking water, according to the Minnesota Department of
Health. The department does not routinely analyze public drinking water systems
for H. pylori. November 1999 contents | IssueWatch
home page • Fuel additive dangerous to environment, government panel concludes
Use of the fuel additive methyl tertiary butyl ether should be reduced
because it has been found to pollute ground water, says a panel commissioned by
the Environmental Protection Agency. In September 1998, unsafe levels of the oxygenate, produced from methanol,
were found in between 1,000 and 4,300 wells in Maine, according to a statewide
study. The study results prompted Governor Angus King to remove Maine from the
federal reformulated gas program. California followed suit, and New Hampshire
plans to do the same. MTBE accounts for two-thirds of the oxygenates used
nationally, with ethanol making up the other one-third. Minnesota note: Ethanol is the only oxygenate used in Minnesota. Made
from corn, the additive is cheaper than MTBE to produce and distribute here
because of the ready abundance of corn. The mandated use of oxygenated gasoline
both statewide and year-round began in October 1997. The federal government
mandates the use of oxygenated fuel in the winter and in urban areas. While MTBE
is cheaper to produce than ethanol, a smaller percentage of ethanol — less
than 8 percent versus 15 percent — achieves the same level of oxygen in the
gasoline. A renewable fuel, ethanol does not add carbon dioxide to the
atmosphere as fossil fuels do. Rather, the amount of carbon dioxide released
when ethanol is burned is the same amount as the corn or other source material
took out of the atmosphere when it grew. November 1999 contents | IssueWatch
home page Government administration •Demand is increasing for online customer service from
state and local governments
Greater government use of the Internet to disseminate information and promote
self-service among citizens has also increased the demand for online customer
service. State and local governments are now working to provide quicker, more
consistent responses to online requests. A variety of approaches are being used to make sure citizens get prompt
answers. Detroit’s webmaster, for example, personally answers or redirects
e-mails. In Iowa, three people work part time answering e-mail to the state’s
portal site. "People expect a quick response when you're working
electronically," says Kay Arvidson, director of marketing for the portal,
IowAccess Network. During tax season, the Kansas Department of Revenue gets more
than 200 e-mail questions a day about the state's online tax filing form. To get
questions to the right place, the department has a web page that identifies
common inquiries and links visitors to the employee best able to answer the
question. The same staff handles online and in-person customer service. They try
to respond to e-mails the same day, even if only to acknowledge the message was
received and to estimate how long it will take to answer. Citizens in San
Carlos, California, are encouraged to send e-mail "field reports"
about problems that need fixing, such as potholes or broken street lights. These
reports, which must be responded to within 48 hours, are sent directly to the
appropriate city department by a custom-made routing application. November 1999 contents | IssueWatch
home page Overall trends • "Web-access blocking" allows companies to customize what web site
visitors see
Programs that can identify web-site visitors are being used to secretly let
visitors into a site, show them an alternate site or reroute them somewhere
else. The technology relies on the fact that each Internet user has an identifying
number that a computer can trace; those who use such access services as America
On Line, however — about 30 percent of all web users — remain anonymous
because they share a common number. Web-access blocking techniques are directed
at rival firms or government agencies that web-site owners perceive as a threat
to their business. Child pornographers, hate groups and people who sell stolen
goods, for example, have blocked government investigators from their sites.
Businesses may post dummy web pages to keep competitors in the dark. Visitor
identification information also is used to refine marketing campaigns and catch
hackers. While no law mandates it, federal agencies have begun posting a notice
on their sites that they collect the web addresses of visitors. November 1999 contents | IssueWatch
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