A small number of states have enacted laws that authorize the taking and analysis of DNA from certain categories of arrestees. This article addresses the constitutionality, under the Fourth Amendment, of taking DNA samples from persons subject to arrest.

In the past twenty years, advances in forensic DNA technology have revolutionized the American criminal justice system. The use of forensic DNA testing in America began in 1987, and its demonstrated scientific accuracy quickly led jurisdictions to accept expert testimony regarding DNA matches between suspects and crime scene evidence. Wielding the power to exonerate the innocent and apprehend the guilty, the use of DNA identification technology has become an indispensable resource for prosecutors and law enforcement officials, as well as for (...) defense lawyers representing persons falsely accused or wrongfully convicted of crimes they did not commit. As states began to compile DNA profiles from convicted offenders, the need for a repository for these profiles resulted in the DNA database.Originally, DNA databases included only “those classes of offenders with a high recidivism rate, such as sex offenders and violent felons.” Recognizing the crime-solving potential of this technology, state legislatures soon began to expand the scope of DNA database statutes to include broader classes of offenders. (shrink)

For years, the collection of DNA samples from individuals arrested for criminal misconduct has been advocated by police officials and endorsed by politicians. Louisiana, Virginia, California, and South Dakota have adopted laws to add DNA profiles derived from these samples to their DNA databases. Texas provides for DNA to be taken after indictment but before conviction. Although the U.S. Department of Justice initially shied away from the issue, the DNA Fingerprint Act of 20055 authorizes the collection of DNA from individuals (...) arrested for violations of certain federal criminal laws, and the inclusion in the national DNA database of all profiles from states that type DNA prior to conviction.But are these laws constitutional? In an article in a previous issue of this journal, and reprinted in this issue, Professor Tracey Maclin concludes that fidelity to precedent should lead the Supreme Court to strike down the Louisiana and Virginia laws as violations of the Fourth Amendment. (shrink)

Self-plagiarism requires clear definition within an environment that places integrity at the heart of the research enterprise. This paper explores the whole notion of self-plagiarism by academics and distinguishes between appropriate and inappropriate textual re-use in academic publications, while considering research on other forms of plagiarism such as student plagiarism. Based on the practical experience of the authors in identifying academics’ self-plagiarism using both electronic detection and manual analysis, a simple model is proposed for identifying self-plagiarism by academics.

In this paper we set out the basic model theory of differential fields of characteristic 0, which have finitely many commuting derivations. We give axioms for the theory of differentially closed differential fields with m derivations and show that this theory is ω-stable, model complete, and quantifier-eliminable, and that it admits elimination of imaginaries. We give a characterization of forking and compute the rank of this theory to be ω m + 1.

Long-term potentiation (LTP) is operationally defined as a long-lasting increase in synaptic efficacy following high-frequency stimulation of afferent fibers. Since the first full description of the phenomenon in 1973, exploration of the mechanisms underlying LTP induction has been one of the most active areas of research in neuroscience. Of principal interest to those who study LTP, particularly in the mammalian hippocampus, is its presumed role in the establishment of stable memories, a role consistent with descriptions of memory formation. Other characteristics (...) of LTP, including its rapid induction, persistence, and correlation with natural brain rhythms, provide circumstantial support for this connection to memory storage. Nonetheless, there is little empirical evidence that directly links LTP to the storage of memories. In this target article we review a range of cellular and behavioral characteristics of LTP and evaluate whether they are consistent with the purported role of hippocampal LTP in memory formation. We suggest that much of the present focus on LTP reflects a preconception that LTP is a learning mechanism, although the empirical evidence often suggests that LTP is unsuitable for such a role. As an alternative to serving as a memory storage device, we propose that LTP may serve as a neural equivalent to an arousal or attention device in the brain. Accordingly, LTP may increase in a nonspecific way the effective salience of discrete external stimuli and may thereby facilitate the induction of memories at distant synapses. Other hypotheses regarding the functional utility of this intensely studied mechanism are conceivable; the intent of this target article is not to promote a single hypothesis but rather to stimulate discussion about the neural mechanisms underlying memory storage and to appraise whether LTP can be considered a viable candidate for such a mechanism. (shrink)

The Metacognitive, Affective, Cognitive Experience questionnaire was designed to assess metacognition across sleep and waking . The present research evaluates the psychometric properties of the MACE. Data from two recent studies were used to assess the inter-item consistency, test–retest reliability, and factorial, convergent, and discriminant validity of the MACE. Results show that the MACE is a reliable measure with good construct validity. Exploratory factor analyses revealed one self-regulation and two monitoring factors. One monitoring factor emphasized monitoring internal conditions; the other (...) emphasized monitoring external conditions. This factor structure is consistent with the Metacognitive Model . Tests of convergent and discriminant validity suggest that the MACE is assessing metacognition and is appropriately related to similar constructs such as mindfulness and self-consciousness. The implication of these findings as well as suggestions for research and clinical applications of the MACE are discussed. (shrink)

In this article we argue that the emergence of a new form of organization – community enterprise – provides an alternative mechanism for corporations to behave in socially responsible ways. Community enterprises are distinguished from other third sector organisations by their generation of income through trading, rather than philanthropy and/or government subsidy, to finance their social goals. They also include democratic governance structures which allow members of the community or constituency they serve to participate in the management of the organisation. (...) Partnerships between corporations and community enterprises therefore raise the possibility of corporations moving beyond philanthropic donations toward a more sustainable form of intervention involving long-term commitments to communities. At the same time they change substantively the nature of any collaboration by allowing relationships to proceed on the basis of mutual advantage, thereby broadening their appeal and scope. In doing so, partnerships build capacity and enfranchise communities in a way that avoids the paternalism that has traditionally characterised relationships between corporations and voluntary sector organisations. Power relations are transformed because partners are seen as sources of valuable assets, knowledge and expertise, rather than recipients of patronage or charity. (shrink)

Evidence of reflective awareness and metacognitive monitoring during REM sleep dreaming poses a significant challenge to the commonly held view of dream cognition as necessarily deficient relative to waking cognition. To date, dream metacognition has not received the theoretical or experimental attention it deserves. As a result, discussions of dream cognition have been underrepresented in theoretical accounts of consciousness. This paper argues for using a converging measures approach to investigate the range and limits of cognition and metacognition across the sleep–wakefulness (...) cycle. The paradigm developed by LaBerge and his colleagues to study "lucid-control" dreaming offers one such framework for relating phenomenological, cognitive, and physiological measures. In a lucid-control dream, the dreamer is both aware that the experimental context is a dream and has the ability to intentionally regulate aspects of the dream . Subjects can make patterns of deliberate eye movements to signal from the dream and thus index significant events such as the time of lucidity onset and the completion of previously agreed-upon tasks in the dream. Lucid dreaming and other examples of reflective awareness during dreaming have important implications for models of human cognition. The existence of these phenomena raises fundamental questions about current assumptions regarding "state" constraints on consciousness and cognition. (shrink)

Means–ends decoupling has recently been suggested as one consequence of the problems organizations face in trying to comply with institutional rules in contexts of institutional complexity. Such decoupling is characterized by the adoption, implementation, and scrutiny of particular codes of practice, which tend not to deliver the outcomes they were developed to produce. Recent scholarship focusing on this issue has suggested that such decoupling is a consequence of the trade-off organizations need to make between compliance and goal achievement, most especially (...) when the latter is difficult to evaluate. Although recent scholarship has suggested that this tension might be mitigated by the activities of developers of compliance rules, in this article, we explore how actors internal to organizations, in this case, two charitable organizations, mitigate this tension via nonconformance with particular codes. We focus on how the process of accounting for nonconformance results in the discursive coupling of means and ends as actors creatively develop vocabularies of motive, which respond to anticipated social criticism. (shrink)

The COVID-19 pandemic caused an unprecedented and highly threatening, constrained, and confusing social and educational environment, we decided to expand the traditional focus of the extraneous load in Cognitive Load Theory acknowledging the psychological environment in which learning occurs. We therefore adapted and implemented principles of the CLT to reduce extraneous load for our students by facilitating their educational activities. Given previous empirical support for the principles of CLT, it was expected that the adoption of these principles might enable our (...) students to cultivate attitudes and skills across multiple domains such as online learning and presentation technologies, implementing and maintaining a “classroom atmosphere” in a virtual environment, participating in discussions among large online groups of students, facilitating group work, providing virtual office hours for students, and proactively planning for upcoming semesters. (shrink)

This paper explores the relationship between accountability, trust and corporate reputation building. Increasing numbers of corporations are mobilising themselves to put more and more information out into the public domain as a way of communicating with stakeholders. Corporate social accounting and stakeholder engagement is happening on an unprecedented scale. Rather than welcoming such initiatives, academics have been quick to pick faults with contemporary social auditing and reporting, claiming that in its current form it is not about demonstrating accountability at all, (...) but rather about building corporate reputation. Academics argue that ‘accountability should hurt’, that if accountability is an enjoyable process, then the organisation isn’t doing it right. For organisations that are currently engaging with stakeholders and ostensibly becoming more transparent about their corporate social performance, this kind of critique is likely to be bewildering. This paper argues that central to the notion of accountability and to contemporary social accounting practice is the concept of trust. Accountability is based upon a distrust of corporate management, whereas corporate reputation building is about strategically seeking to establish trust in stakeholder relationships in order to negate formal accountability requirements. Using a split trust continuum, the paper seeks to explain and synthesise what seem to be two very different paradigms of organisational transparency. (shrink)

Thirty-eight “practiced” dreamers and 50 “novice” dreamers completed questionnaires assessing the cognitive, metacognitive, and emotional qualities of recent waking and dreaming experiences. The present findings suggest that dreaming cognition is more similar to waking cognition than previously assumed and that the differences between dreaming and waking cognition are more quantitative than qualitative. Results from the two studies were generally consistent, indicating that high-order cognition during dreaming is not restricted to individuals practiced in dream recall or self-observation. None of the measured (...) features was absent or infrequent in reports of either dreaming or waking experiences. Recollections of dreaming and waking experiences were similar for some cognitive features and different for other features. (shrink)

The musha mukadzi (Shona) or umuzi ngumama (Ndebele) is an African gendered philosophy that means women make up the home. This philosophy has been researched in African traditional religions (ATRs) and is interrogated from interdisciplinary angles in academia. African feminist research has highlighted how this philosophy can be derogatory, stereotyped and oppressive to women if it is naïvely used in domestic contexts. As a result, contemporary African feminists and gender scholars attempt to expose both the liberative and oppressive nature of (...) this philosophy. This study seeks to interrogate how women from the grassroots understand this philosophy. It draws from in-depth interviews with women from Zimunya, Mutare, in Zimbabwe who describe this philosophy as a resource for sustainable livelihoods. Methods used to collect data involved in-depth interviews from a sample of 10 women whose ages ranged from 35 to 50 years. The findings highlight that for both single and married women in Zimunya, the musha mukadzi or umuzi ngumama philosophy has empowering traits that enhance women’s agency and sustainable livelihoods in the domestic household. They describe how this philosophy has empowered them to initiate income-generating projects that include rearing of poultry (road runners), membership to a sewing club, selling dried traditional foods and money savings ( mikando ). Contributions: This article explores an African gendered philosophy, musha mukadzi or umuzi ngumama [women make the home], and how this has been used as a resource by women in sustaining livelihoods. (shrink)

The neurophysiological phenomenon of LTP (long term potentiation) is considered by many to represent an adequate mechanism for acquiring or storing memories in the mammalian brain. In our target article, we reviewed the various arguments put forth in support of the LTP/memory hypothesis. We concluded that these arguments were inconsistent with the purported data base and proposed an alternative interpretation that we suggested was at least as compatible with the available data as the more widely held view. In doing so, (...) we attempted to illustrate that the inadequacy of present experimental designs did not permit us to distinguish between equally viable hypotheses. In the four years since we wrote the first draft of our target article, hundreds of additional studies on LTP have been published and their results have been incorporated into current theories about memory. A diverse group of commentators responded to our target article with their own theories of how memories might be stored in the brain, some of which rely on LTP. Some commentators doubted whether memories can be stored through modifications of synaptic strength. Some assert that it will never be possible to understand the neural mechanisms of memory; still others remain hopeful that we will accomplish some semblance of a resolution, provided we appreciate LTP's role in a subset of seemingly amorphous memory systems. In summary, although it is commonly written that “LTP is a memory storage device,” the divergence of views among the commentators suggests, at least as strongly as our target article, that such conviction is unwarranted and fails to acknowledge both the lack of consensus regarding the role of LTP in memory and the complexity of the phenomenon of memory itself. (shrink)

Dreaming is often characterized as lacking high-order cognitive skills. In two studies, we test the alternative hypothesis that the dreaming mind is highly similar to the waking mind. Multiple experience samples were obtained from late-night REM sleep and waking, following a systematic protocol described in Kahan . Results indicated that reported dreaming and waking experiences are surprisingly similar in their cognitive and sensory qualities. Concurrently, ratings of dreaming and waking experiences were markedly different on questions of general reality orientation and (...) logical organization . Consistent with other recent studies , experiences sampled from dreaming and waking were more similar with respect to their process features than with respect to their structural features. (shrink)

Although nursing seems to understand itself and its practice as complex, the literature is less clear about what this actually means. While complexity is discussed as an attribute of nursing, it is also suggested that complexity in nursing remains misunderstood and poorly articulated, is devalued, is not considered as a measure of health outcomes and remains invisible. Despite the overarching lack of a definition, some nurse scholars have conceptualized complexity as a complex intervention. For these authors, complexity becomes a complex (...) intervention defined as that which is composed of component parts interacting in a variety of ways that influence the delivery of and outcomes of health‐related interventions for populations. Conceptualizing complexity as a complex intervention forces nursing to embrace and adopt a received interpretation of complexity as expressed through complexity theory and complexity science. While complexity theory may afford us some tools for thinking about complexity, when we deconstruct nursing complexity to explicitly determinate and quantifiable tasks, this artificially narrowed orientation to complexity reveals an oversimplified explanation of the complexities associated with nursing and serves to blind us to its real qualities. Through a consideration of complexity from a Western philosophical tradition, I demonstrate that when nursing adopts the received interpretation of complexity as a complex intervention, this perspective on complexity contains nursing epistemologically and ontologically. I offer an extended conceptualization of complexity framed upon the consideration that nurses assume complexity and do not reduce it; that nurses have the capacity to not be paralysed by complexity and have developed logics to mobilize it in productive ways. Mobilizing complexity through navigating paradox and contradiction shapes an orientation to complexity that embraces an extended epistemology. This extended epistemology is characterized by a ‘yes/and’ mindset that expresses the dynamic and generative relationship between forms of knowledge which reflects complexity that characterizes nursing. (shrink)

Community Engagement (CE) has been presented by bio-ethicists and scientists as a straightforward and unequivocal good which can minimize the risks of exploitation and ensure a fair distribution of research benefits in developing countries. By means of ethnographic fieldwork undertaken in Kenya between 2007 and 2009 we explored how CE is understood and enacted in paediatric vaccine trials conducted by the Kenyan Medical Research Institute and the US Centers for Disease Control (KEMRI/CDC). In this paper we focus on the role (...) of paid volunteers who act as an interface between villagers KEMRI/CDC. Village Reporters’ (VRs) position of being both with the community and with KEMRI/CDC is advantageous for the conduct of trials. However it is also problematic in terms of exercising trust, balancing allegiances and representing community views. VRs role is shaped by ambiguities related to their employment status and their dual accountability to researchers and their villages. VRs are understandably careful to stress their commitment to self-less community service since it augments their respectability at community level and opens up opportunities for financial gain and self-development. Simultaneously VRs association with KEMRI/CDC and proximity to trial participants requires them to negotiate implicit and explicit expectations for material and medical assistance in a cultural setting in which much importance is placed on sharing and mutuality. To ensure continuity of productive interactions between VRs, and similar community intermediaries, and researchers, open discussion is needed about the problematic aspects of relational ethics, issues concerning undue influence, power relations and negotiating expectations. (shrink)

The British Columbian members of the Canadian Guidance and Counselling Association were surveyed to explore their attitudes regarding dual relationships. Of 529 deliverable surveys, 206 usable returns yielded a response rate of 39%. Participants were asked to provide incidents of problematic dual relationships and to discuss the problematic aspect(s) of these dual relationships. Respondents provided a total of 110 useable incidents with 165 associated problematic aspects. Many respondents provided data not directly related to the original questions, which were also analyzed. (...) The results of this study draw attention to several issues: (a) counselors are dealing with a variety of problematic dual relationships, (b) counselors experience discomfort and negative effects on their personal/work life secondary to these dual relationships, and (c) counselors consider the unique context of each dual relationship to be important in their ethical decision-making processes. (shrink)

Reading Galileo: Scribal Technologies and The Two New Sciences, by Renée Raphael, Baltimore, Johns Hopkins University Press, 2017, ix + 265 pp., figs., bibl., index, £40.50 (cloth), ISBN 9781421421...

The world’s oceans cover more than 70 per cent of the planet’s surface and contain 97 per cent of the water on planet Earth. Saltwater connects with freshwater with the outflow of every river and creek or from the drift of thunderstorms across islands to form new oceans. With a shared theme of water, recent projects are discussed as case studies for their focus on ecosystem awareness, cultural knowledge, arts and science and working collaboratively. Water is an essential element and (...) connector of ecosystems, species and spirituality – of life. The ability of water to change forms from liquid to solid to gas offers insights into acknowledging that changeability and adaptability are core to species survival on the planet Earth. It is proposed that by respecting the knowledge that is embedded in the element of water that greater wisdom can be shared which can benefit all life on this planet. With this aspiration in mind, the term OneWater is used to explore the relational aspect of water to consider its connective quality, between watersheds and species. This concept is used to shift views of anthropogenic impacts and embrace a fuller recognition of Indigenous knowledge systems and the role they play in evolving our understanding of the OneWater. (shrink)

ABSTRACTDrawing extends the capacity to communicate, since it allows individuals to use graphic objects and symbols to articulate complex ideas not easily communicated using words alone. Similarly,...

Human subjects in the developing world historically have been, and continue to be, treated like expendable commodities in clinical research. This paper will explore some of the factors that make those in the third world prime targets for exploitation. It will also challenge a deeply-entrenched view that has permitted this unethical conduct to persist—namely, the belief that the standard of medical care should vary depending upon where a research subject lives. The paper will also discuss the Food and Drug Administration’s (...) 2008 decision to disavow the Declaration of Helsinki, to the further detriment of research subjects in developing countries. Finally, the paper will suggest a possible solution to help address this ethical crisis. (shrink)

As a result of the COVID-19 pandemic people have endured potentially stressful challenges which have influenced behaviors such as eating. This pilot study examined the effectiveness of two brief interventions aimed to help individuals deal with food cravings and associated emotional experiences. Participants were 165 individuals residing in United Kingdom, Finland, Philippines, Spain, Italy, Brazil, North America, South Korea, and China. The study was implemented remotely, thus without any contact with researchers, and involved two groups. Group one participants were requested (...) to use daily diaries for seven consecutive days to assess the frequency of experience of their food cravings, frequency of giving in to cravings, and difficulty resisting cravings, as well as emotional states associated with their cravings. In addition to completing daily food diaries, participants in group two were asked to engage in mindful eating practice and forming implementation intentions. Participants assessed their perceived changes in eating, wellbeing, and health at the beginning and end of the intervention. Repeated measures MANOVAs indicated that participants experienced significantly less food cravings, as well as lower intensities of unpleasant states associated with cravings across time. In contrast to our hypothesis, the main effects of the group were not significant. Participants reported less eating and enhanced wellbeing at the end of the study. Our findings can be used to inform future remote interventions to manage food cravings and associated emotions and highlight the need for alternative solutions to increase participant engagement. (shrink)

The British Columbian Members of the Canadian Guidance and Counselling Association were surveyed to explore their attitudes regarding dual relationships. Of 529 deliverable surveys, 206 usable returns yielded a response rate of 39%. The survey instrument collected data regarding respondents' characteristics and ethicality ratings of 39 dual relationship activity items. An exploratory principal components analysis was performed on responses, resulting in a 4-factor equation, which accounted for 44% of the total variance. The results suggest that, although conceptual considerations of dual (...) relationship typology do underlay the resultant factors, the relative ethicality of each item is also influential. (shrink)

A handbook with poster based on the newest LEGO(R) theme. A new, exciting LEGO(R) theme coming in 2013. It's unlike anything ever created before! This full-color handbook includes a poster as well as information about this incredible, adventure-filled world.

Similar to parasites, malignant cells exploit the host for energy, resources and protection, thereby impairing host health and fitness. Although cancer is widespread in the animal kingdom, its impact on life history traits and strategies have rarely been documented. Devil facial tumour disease, a transmissible cancer, afflicting Tasmanian devils, provides an ideal model system to monitor the impact of cancer on host life-history, and to elucidate the evolutionary arms-race between malignant cells and their hosts. Here we provide an overview of (...) parasite-induced host life history adaptations, then both phenotypic plasticity of LH responses and changes in allele frequencies that affect LH traits of Tasmanian devils in response to DFTD are discussed. We conclude that akin to parasites, cancer can directly and indirectly affect devil LH traits and trigger host evolutionary responses. Consequently, it is important to consider oncogenic processes as a selective force in wildlife. Exposure to transmissible cancer cells, i.e., Tasmanian devil facial tumour cells, can cause changes to life history traits either as the result of phenotypic plasticity in response to exposure during the lifetime of the individual or as the result of evolutionary change in LH traits due to selection over generations.Photo credits: Frédéric Thomas, Sarah Peck, Geordie Jennings. (shrink)

This paper contends that principles of virtue ethics have the potential to both supplement and complement academic integrity policy in the adjudication of undergraduate student academic integrity breaches. The paper uses elements of grounded theory to explore responses from 15 Academic Integrity Breach Decision Makers at an Australian university, and in particular, the process they use to determine outcomes for student breaches of academic integrity. The findings indicate that AIBDMs often use principles of virtue ethics to help provide nuanced judgement (...) on sometimes complicated breaches of ethical behaviour. The findings demonstrate that many AIBDMs supplemented their knowledge of institutional academic integrity policy with a deep commitment to their own virtuous behaviour. (shrink)

This study examines the relationship between gender, class, and race through a case study of the Ontario, Canada dental profession in the first two decades of the twentieth century. During this time period dentists endeavored to solidify their claims to professional status by defining their relations with patients, the public, and with dental assistants. Dentists drew on gender, class, and racial-ethnic relations and ideology in defining these relations and fostering their professional identity. Dentists' use of these relations enabled them to (...) define and defend their claims to professional authority in the area of dental health. (shrink)

IntroductionThe National Institute for Health and Care Excellence guidelines acknowledge the importance of the parent–infant relationship for child development but highlight the need for further research to establish reliable tools for assessment, particularly for parents of children under 1 year. This study explores the acceptability and psychometric properties of a co-developed tool, ‘Me and My Baby’.Study designA cross-sectional design was applied. The MaMB was administered universally with mothers during routine 6–8-week Health Visitor contacts. The sample comprised 467 mothers. Dimensionality of (...) instrument responses were evaluated via exploratory and confirmatory ordinal factor analyses. Item response modeling was conducted via a Rasch calibration to evaluate how the tool conformed to principles of ‘fundamental measurement’. Tool acceptability was evaluated via completion rates and comparing ‘completers’ and ‘non-completers’ demographic differences on age, parity, ethnicity, and English as an additional language. Free-text comments were summarized. Data sharing agreements and data management were compliant with the General Data Protection Regulation, and University of York data management policies.ResultsHigh completion rates suggested the MaMB was acceptable. Psychometric analyses showed the response data to be an excellent fit to a unidimensional confirmatory factor analytic model. All items loaded statistically significantly and substantially on a single underlying factor. The item response modeling showed that most MaMB items fitted the Rasch model. item reliability was high yet the test yielded little information on each respondent, as highlighted by the relatively low ‘person separation index’ of 0.1.Conclusion and next stepsMaMB reliably measures a single construct, likely to be infant bonding. However, further validation work is needed, preferably with ‘enriched population samples’ to include higher-need/risk families. The MaMB tool may benefit from reduced response categories and some modest item wording amendments. Following further validation and reliability appraisal the MaMB may ultimately be used with fathers/other primary caregivers and be potentially useful in research, universal health settings as part of a referral pathway, and clinical practice, to identify dyads in need of additional support/interventions. (shrink)

In 2014, Lord Saatchi launched his ultimately unsuccessful Medical Innovation Bill in the UK. Its laudable aim was to free doctors from the shackles that prevented them from providing responsible innovative treatment. Lord Saatchi’s principal contention was that current law was the unsurmountable barrier that prevented clinicians from delivering innovative treatments to cancer patients when conventional options had failed. This was because doctors feared that they might be sued or tried and convicted of gross negligence manslaughter if they deviated from (...) standard practice. Concerns about fear of the law and potential negative effects on medical practice are not new. Fear of litigation has been suggested as the reason for doctors practising “defensive medicine,” by opting for treatments regarded as “grievance-resistant,” rather than clinically indicated, for example, by ordering diagnostic tests or performing certain procedures, which are not strictly medically necessary. Whilst this claim is plausible and apparently accepted by the courts, there is limited empirical evidence in support of it so far as practitioners in the UK are concerned. In this paper, we report on our empirical research which provides a snapshot of medical opinion to begin to rectify this gap. We ran focus groups of different medical specialties, asking what these medical practitioners thought the barriers to medical innovation to be. We found that fear of the law was not the principal barrier to be lowered, and that the answer was far more multifaceted. (shrink)