Are There Systemic Ethics Issues in Dispute System Design? And What We Should [Not] Do About it: Lessons from International and Domestic Fronts
This paper reviews ethical issues that occur when systems of dispute resolution are designed for organizations, institutions and situations of iterated disputing and grievances. It explores the state of the art of the field and suggests that ethics codes can be both inductively and deductively derived. After reviewing some ethics issues in both domestic (US) and international contexts, some key ethics issues are described but it is also suggested that the field is too new and under "professionalized" for the formal development of an ethics codes at this point, though some general principles of good practices can be identified.
Unsettling the lawyers: Other forms of justice in Indigenous claims of expropriation, abuse, and injustice
This article considers, from the experience of the Indian Residential Schools Settlement, the limitations of the current formal justice system and the common ways that lawyers and parties act within it. Looking at the combinations of lawsuits, settlement negotiations, structured compensation schemes, truth and reconciliation processes, and memorial and education programs now provided for in the IRSS, the article suggests that we may need ‘process pluralism’ and different orientations to deal with modern mass harms: now recognized harms (like loss of culture, family, language, as well as physical, mental, and social injury) that the formal legal system has not yet developed the capacity to address. Placing the IRSS in a larger international context, the article suggests that some legal and social recognition of ‘new’ human harms and injuries has necessitated the development of different legal and quasi-legal processes. Whether called ‘restorative,’ ‘transitional,’ or ‘alternative’ justice, new forms of dealing with wrongs, harms, and conflicts will require redesigning legal processes and institutions; legal professional education; and social, cultural, and philosophical orientations to human injuries and ‘redress.’ Not all who are injured (both individually and in groups) want or require the same ‘remedies,’ and our conventional and historical common law and adversarial system must be adapted to the diverse needs of those who are injured by past and unconscionable wrongs, especially when inflicted by major governmental, religious, and civil society institutions and practices.
Use of laser scanning confocal microscopy for morphological taxonomy and the potential for digital type specimens (e-types)
The use of laser scanning confocal microscopy (LSCM) for creating taxonomic descriptions of copepods is investigated. A new technique is described, which employs a contour filter to process digital LSCM images, allowing taxonomic information to be quickly and accu- rately distilled into a simple illustration. LSCM allows the imaging of whole specimens, which can be rotated and viewed from any angle—a major benefit over light microscopy. Using this tech- nique, it is suggested that taxonomic descriptions can be rapidly produced in a fraction of the time required to produce similar descriptions using traditional light microscopy and hand drawing techniques. Good staining of specimens is, however, essential to produce accurate descriptions and more research is required in this area. The use of LSCM for morphological taxonomy shows great potential, not only for producing taxonomic descriptions, but also providing a comple - mentary adjunct to traditional type specimens in the form of 3D digital 'e-types' deposited in recognised international databases.