Postmortem Blood Concentrations of R‐ and S‐Enantiomers of Methadone and EDDP in Drug Users: Influence of Co‐Medication and P‐glycoprotein Genotype

Abstract: We investigated toxicological and pharmacogenetic factors that could influence methadone toxicity using postmortem samples. R‐ and S‐methadone were measured in femoral blood from 90 postmortem cases, mainly drug users. The R‐enantiomer concentrations significantly exceeded that of the S‐enantiomers (Wilcoxon’s test, p < 0.001). The samples were divided into four groups according to other drugs detected (methadone only, methadone and strong analgesics, methadone and benzodiazepines, or methadone and other drugs). There was no significant difference in any of the R‐methadone/total methadone ratios among the four groups. The median R/S ratio was 1.38, which tends to be higher than that reported for the plasma of living subjects. In addition, we investigated whether small nucleotide polymorphisms in the MDR1 gene that encode the drug transporter P‐glycoprotein were associated with the concentrations of R‐ and S‐methadone and its metabolite 2‐ethylidene‐1,5‐dimethyl‐3,3‐diphenylpyrrolidine. No significant association was detected.     

Caremark Compliance for the Next Twenty‐Five Years

One of the most influential cases in corporate governance is In re Caremark International Inc. Derivative Litigation (Caremark). In 1996, Caremark imposed a novel duty on boards of directors to make a good faith attempt to implement and exercise oversight over obligations leading to liability. Breach of this minimal duty has been difficult for plaintiffs to plead and prove, and the case law is littered with dismissed Caremark lawsuits. As Caremark's reign reaches a quarter‐century, however, its duties are primed to evolve. Two cases, Marchand v. Barnhill and In re Clovis Oncology, Inc. Derivative Litigation, took the rare step of allowing Caremark claims to survive motions to dismiss. These cases signal a new understanding of Caremark obligating boards not merely to attempt oversight, but to ensure proactively that such oversight is effective. This subtle but significant change in board duties is one to which the academic literature should respond. This article first reviews the Marchand and Clovis cases and argues that these cases hold significance for the future of Caremark claims. Second, this article studies client advisories from law firms and other sources that evaluate the Clovis and Marchand cases. It finds that while these advisories offer useful tactical responses, they lack strategic advice that would benefit boards over the long term. Filling the gap, this article presents long‐term strategic advice for boards not only to meet Caremark duties but also to thrive as exemplars of good governance and ethical leadership for the next twenty‐five years.     

MWB Business Exchange Centres Ltd: The Practical Benefit Doctrine Marches On

In MWB Business Exchange Centres Ltd v Rock Advertising Ltd the Court of Appeal held that when an ongoing contract is varied so that one party's obligation to pay money is reduced, the variation is binding as long as the other party receives a practical benefit. In doing so, the Court of Appeal effectively confined the rule in Foakes v Beer to one‐off payments. This raises serious questions about the continued survival of Foakes v Beer. On the other hand, the Court of Appeal ensured that Foakes v Beer would not be killed off via equity by moving away from the suggestion in Collier v P & M J Wright (Holdings) Ltd that an agreed part‐payment of a debt by a debtor will always raise an estoppel preventing the creditor from demanding the remainder of the debt.     

“Jurisdictional Realization of Law” as Judicium: A Methodological Alternative,Beyond Deductive Application and Finalistic Decision

The proposed reflection intends to present the problem of judicial adjudication as a substantially-axiologically founded autonomous moment on the practical realization of law, and to explore this understanding in confrontation with external exigencies, mostly teleologically determined—hence, beyond strict deductive application, as a (normativistic-positivistic) syllogistic reference of facts to norms, and finalistically determined decision, as an option among possible alternatives to achieve specific aims. The main objective is to enter into a discussion on the methodological meaning of “integrity”, “hard cases” and “right answer”, as presented by Ronald Dworkin, and a critical reflection on the criticism(s) of that approach levelled by Neil MacCormick, so as to confront the relevance of principle and policy arguments, in order to bring about a different methodological approach, an alternative jurisprudentialist conception of adjudication, incorporating a practical-normative constitutive dialectics between legal controversy and legal system, such as that presented by Castanheira Neves. The focus will, then, be the legitimacy of the connection of arguments of principle and consequentialist arguments in adjudication, its selection and its justification, stating, therefore, a specifically assumed judicium, a judicative decision, having the legal system as its horizon of normative reference and of substantial and institutional autonomy.

     

Preserving the Law’s Coherence: Citizens United v. FEC and Stare Decisis

In addition to striking down the portions of the Bipartisan Campaign Reform Act that limited the amount of money corporations and unions could spend on independent expenditures, Citizens United v. FEC overturned two decisions of the Supreme Court of the United States, an action that stands in contrast to the principle of stare decisis. This article analyzes the discussions of stare decisis in the various Citizens United opinions and compares these discussions to existing scholarly debate on the proper role of stare decisis in constitutional law. It also examines citations and discussions of Citizens United in state supreme court and federal circuit court of appeals cases to analyze how the justices’ discussions of stare decisis in Citizens United have influenced lower courts. The article concludes that the Citizens United opinions that discussed stare decisis — particularly Justice Anthony Kennedy's majority opinion and Chief Justice John Roberts’ concurrence — are highly problematic for a number of reasons. The applications of stare decisis in the opinions were also flawed. Citizens United has thus made it even easier for lower courts to abandon stare decisis and overturn precedent.     

Hans Kelsen's Normativist Reductionism

Abstract. This paper discusses Kelsen's attempt at reducing the concept of subjektives Recht (what is subjectively right) to that of objektives Recht (what is objectively right). This attempt fails, it is argued, because in Kelsen's theory the concept of subjektives Recht survives concealed within the concept of individual norm (individuelle Norm), a norm that, pace Kelsen, is not a case of what is objectively right (objektives Recht) but is precisely what is subjectively right (subjektives Recht): We could call it “what is individually right.”     

A Charmed Spectacle: England and its Constitutional Imagination

This article argues that the fate of England – a subject of increasing contemporary interest – is inexorably linked to that of its constitution. Englishness is an impression, one that is rooted in its constitutional imagination, a bundle of impression and images, which can be found, not merely in statutes and cases, but in a myriad texts and treatises. The first part of the article concentrates on the constitutional imagination fashioned by the likes of Hooker and Spenser in the wake of the Henrician and Elizabethan settlements. The second part then looks at the frantic efforts of men such as Burke and Wordsworth to reinvest this imagination in the late eighteenth and early nineteenth centuries. The final part of the article suggests that the`charmed spectacle' of the constitution, as Bagehot terms it, still represents a formidable residual strength against which any mooted constitutional reforms must be measured. This revised version was published online in August 2006 with corrections to the Cover Date.     

Overview of: “Getting the Law Involved a Quasi-Experiment in Early Intervention Involving Collaboration Between Schools and the District Attorney's Office”

Research Summary Precursors to serious and chronic delinquency often emerge in childhood, stimulating calls for early interventions. Most intervention efforts rely solely on social service programs—often to the exclusion of the juvenile justice system. The juvenile justice system has been reluctant to become involved in the lives of relatively young children fearing net widening or further straining resources that could be used for older youth with documented delinquency histories. We report here the results of an early intervention program sponsored by and housed in a district attorney's office in Louisiana. Using a quasi-experimental design, we examined outcomes associated with program involvement as well as whether the obvious involvement of the prosecutor's office was associated with further reductions in problem behavior.

• 1 : The results revealed that significant reductions in problem behaviors of young children could be attributed to program participation.
• 2 : The obvious involvement of the district attorney's office, however, was associated with limited, albeit significant, reductions in specific problem behaviors.
• 3 : These findings show that successful early intervention efforts can be made part of the juvenile justice system and that in some limited situations prosecutorial involvement can result in positive outcomes.

Policy Implications The expansion of early intervention programming into the juvenile justice system offers opportunities to address early problem behavior. Our study and its results have the following policy implications.

• 1 : Closely coupled partnerships between schools and the juvenile justice system can effectively address, mitigate, and perhaps prevent an early onset of antisocial behavior.
• 2 : Even so, coupling early intervention efforts to the mission of the juvenile justice system warrants debate. Net-widening, resource diffusion, and the potential for officials to rely too heavily on the deterrent characteristics of the justice system represent serious threats to the integrity of effective early intervention programs.
• 3 : We suggest substantial debate and consideration is given before coupling early intervention efforts to the juvenile justice system.

     

Theory of Custom,Dogmatics of Custom,Policy of Custom: On the Threefold Approach of Polish‐Russian Legal Realism

Proceeding from the insights of Petra?ycki, Polish‐Russian legal realists (PRRs) distinguished legal theory, legal dogmatics, and legal policy. Legal theory describes legal phenomena in a value‐free way and formulates causal laws concerning those phenomena. Legal dogmatics and legal policy are, by contrast, value‐laden sciences involving the subject's—i.e., the scientist's—own attitudes toward existing or imagined phenomena: Dogmatics evaluates behaviors based on the subject's adoption of given normative sources (NSs) as binding, while legal policy evaluates the effects produced by given NSs based on causal laws and on the subject's goals (for Petra?ycki, these goals come down to that of fostering love, or benevolence). PRRs then conceptualize custom as a representation of people behaving in a certain way (R_c): We have a custom on the threefold condition that (a) R_c is believed true by a given X, (b) R_c causes the existence of a given normative psychical experience (NPE) in X, and (c) X expressly refers to—or would refer—to R_c in justifying an NPE. PRRs use the term customary law to refer to legal experiences (i.e., NPEs involving a sense of entitlement) caused and justified by an R_c. From a theoretical perspective, both the subject's adoption of custom as a binding NS and its truth are irrelevant. It is only the presence of a customary NPE in the X under study that matters. From a dogmatic perspective, by contrast, what matters is (a) whether the dogmatician—qua subject—adopts custom as a binding NS, (b) whether it is true that people behave in a given way b_w, and (c) whether b_w resembles the behavior that is deontically qualified in the norm under dogmatic evaluation. Finally, from a legal‐political viewpoint, PRRs hold that customary law in modern societies, owing to its conservative nature, should be eradicated for the goal of removing inequalities and fostering benevolence.     

Big Investment Fraud and “Yakuza Money” Crime — Two Perspectives of Financial Crime in Japan

Financial crime in Japan takes a major toll on both individual victims and the nation’s economy. This paper focuses on large investment frauds that have occurred from post-war Japan to the present as well as financial crimes that involve racketeers of boryokudans, or organized crime groups, more commonly known as yakuza. Major financial offending by organized crime groups include: yamikin (loan sharks), sokaiya (shareholders who extort corporate funds), jiageya (“land sharks” who frighten tenants into vacating properties), and new forms of yakuza money crime that constitute significant challenges to enforcement. The paper concludes that more comprehensive legislation that applies to all forms of investment fraud is needed in order to stem the tide of white-collar crime in Japanese society.     

A Geometric Morphometric Approach to Sex Determination of the Human Adult Os Coxa

Abstract: Sex determination of the human skeleton is best assessed from the os coxa. The present study explored the possibility of using three‐dimensional landmark coordinate data collected from various landmarks located over the entire bone to determine whether there were significant sex differences local to the landmarks. Thirty‐six landmarks were digitized on 200 African American and European American male and female adult human os coxae. MANCOVA results show that sex and size have a significant effect on shape for both European Americans (Sex, F = 17.50, d.f. = 36, 63, p > F = 0.0001; Size, F = 2.56, d.f. = 36, 63, p > F = 0.0022) and African Americans (Sex, F = 21.18, d.f. = 36, 63, p > F = 0.0001; Size, F = 2.59, d.f. = 36, 63, p > F = 0.0005). The discriminant analysis shows that sexing accuracy for European Americans is 98% for both males and females, 98% for African American females, and 100% for African American males.     

Identification and Individualization of Lophophora using DNA Analysis of the trnL/trnF Region and rbcL Gene

Lophophora williamsii (peyote) is a small, spineless, greenish‐blue cactus found in Mexico and the southwestern United States. Ingestion of the cactus can result in hallucinations due to its content of mescaline. In the United States, L. williamsii is classified as a Schedule I controlled substance. In this study, we use DNA analysis of the chloroplast trnL/trnF region and chloroplast rbcL gene to identify the individuals of Lophophora. Using the rbcL gene, Lophophora specimens could be distinguished from outgroups, but species within the genus could not be distinguished. The trnL/trnF region split the Lophophora genus into several groups based on the length and substructure of an AT‐rich segment of the sequence. Our results indicate that the genetic variability at the trnL/trnF locus is greater than previously recognized. Although DNA structures at the trnL/trnF region and rbcL gene do not align with the classification of Lophophora species, they can be used to aid in forensic analysis.     

LONG‐TERM CRIME DESISTANCE AND RECIDIVISM PATTERNS—EVIDENCE FROM THE ESSEX COUNTY CONVICTED FELON STUDY*

Two conflicting definitions of desistance exist in the criminology literature. The first definition is instantaneous desistance in which an offender simply chooses to end a criminal career instantaneously moving to a zero rate of offending ( Blumstein et al., 1986 ). The second definition views desistance as a process by which the offending rate declines steadily over time to zero or to a point close to zero ( Bushway et al., 2001 ; Laub and Sampson, 2001 ; Leblanc and Loeber, 1998 ). In this article, we capitalize on the underlying assumptions of several parametric survival distributions to gain a better understanding of which of these models best describes actual patterns of desistance. All models are examined using 18 years of follow‐up data on a cohort of felony convicts in Essex County, NJ. Our analysis leads us to three conclusions. First, some people have already desisted at the beginning of the follow‐up period, which is consistent with the notion of “instantaneous desistance.” Second, a three‐parameter model that allows for a turning point in the risk of recidivism followed by a long period of decline fits the data best. This conclusion suggests that for those offenders active at the start of the study period, the risk of recidivism is declining over time. However, we also find that a simpler two‐group model fits the data almost as well and gains superiority in the later years of follow‐up. This last point is particularly relevant as it suggests that the observed gradual decline in the hazard over time is a result of a compositional effect rather than of a pattern of individually declining hazards.     

What does it mean to suffer loss? Haxton v Philips Electronics

In Haxton v Philips Electronics the Court of Appeal considered whether a widow could recover the diminution in value of her dependency claim following the defendant's tortious reduction of her life expectancy. The note outlines the development of the common law, demonstrating that Haxton is novel but not unorthodox, and tests whether Haxton's principles can provide a sound foundation for future cases. Positing three hypothetical scenarios, it argues that the disparity in outcome, rather than indicating a lack of unifying principle, as was suggested in Jobling v Associated Dairies, may be explained by combining Austin's division between primary and secondary rights with Gardner and Stevens' contributions as to how they are protected. Restitutio in integrum requires consideration of the reasons and values underlying the right in question and these are discernible in the jurisprudence. The note also considers whether Haxton could have been decided on the basis that a defendant should not profit from its own wrongdoing.     

Gendered Genocide: The Socially Destructive Process of Genocidal Rape,Killing, and Displacement in Darfur

Accounts of mass atrocities habitually focus on one kind of violence and its archetypal victim, inviting uncritical, ungendered misconceptions: for example, rape only impacts women; genocide is only about dead, battle‐aged men. We approach collective violence as multiple, intersecting forms of victimization, targeted and experienced through differential social identities, and translated throughout communities. Through mixed‐method analyses of Darfuri refugees' testimonies, we show (a) gendered causes and collective effects of selective killing, sexual violence, and anti‐livelihood crimes, (b) how they cause displacement, (c) that they can be genocidal and empirically distinct from nongenocidal forms, (d) how the process of genocidal social destruction can work, and (e) how it does work in Darfur. Darfuris are victimized through gender roles, yielding a gendered meaning‐making process that communicates socially destructive messages through crimes that selectively target other genders. The collective result is displacement and destruction of Darfuris' ways of life: genocide.     

From Nomos to Hegung: Sovereignty and the Laws of War in Schmitt's International Order

Carl Schmitt's notion of nomos is commonly regarded as the international equivalent to the national sovereign's decision on the exception. But can concrete spatial order alone turn a constellation of forces into an international order? This article looks at Schmitt's work The Nomos of the Earth and proposes that it is the process of bracketing war called Hegung which takes the place of the sovereign in the international order Schmitt describes. Beginning from an analysis of nomos, the ordering function of the presocratic concept moira is explored. It is argued that the process of Hegung, like moira, does not just achieve the containment of war, but constitutes the condition of possibility for plural order.     

Dharmakīrti on the role of causation in inference as presented in Pramāṇavārttika Svopajñavṛtti 11–38

In the svārthānumāna chapter of his Pramāṇavārttika, the Buddhist philosopher Dharmakīrti presented a defense of his claim that legitimate inference must rest on a metaphysical basis if it is to be immune from the risks ordinarily involved in inducing general principles from a finite number of observations. Even if one repeatedly observes that x occurs with y and never observes y in the absence of x, there is no guarantee, on the basis of observation alone, that one will never observe y in the absence of x at some point in the future. To provide such a guarantee, claims Dharmakīrti, one must know that there is a causal connection between x and y such that there is no possibility of y occurring in the absence of x. In the course of defending this central claim, Dharmakīrti ponders how one can know that there is a causal relationship of the kind necessary to guarantee a proposition of the form “Every y occurs with an x.” He also dismisses an interpretation of his predecessor Dignāga whereby Dignāga would be claiming non-observation of y in the absence of x is sufficient to warrant to the claim that no y occurs without x. The present article consists of a translation of kārikās 11–38 of Pramānavārttikam, svārthānumānaparicchedaḥ along with Dharmakīrti’s own prose commentary. The translators have also provided an English commentary, which includes a detailed introduction to the central issues in the translated text and their history in the literature before Dharmakīrti.     

Whole Plastome Sequences of Two Drug-Type Cannabis: Insights Into the Use of Plastid in Forensic Analyses

DNA is one of the fastest growing tools in forensic sciences, increasing reliability in forensic reports and judgments. The use of DNA has increased in different areas of the forensic sciences, such as investigation of plant species, where plastid DNA has been used to elucidate and generate evidence in cases of traceability of genetically modified and controlled plants. Even with several advances and the practice of using DNA in forensic investigations, there are just few studies related to the identification of genetic tools for the characterization of drug and nondrug-types of Cannabis. Herein, the whole plastomes of two drug-type Cannabis are presented and have their structures compared with other Cannabis plastomes deposited in the GenBank, focusing in the forensic use of plastome sequences. The plastomes of Cannabis sativa “Brazuka” and of the hybrid Cannabis AK Royal Automatic presented general structure that does not differs from the reported for other C. sativa cultivars. A phylogenomic analyses grouped C. sativa “Brazuka” with the nondrug C. sativa cultivars, while the hybrid Cannabis AK Royal Automatic placed isolated, basal to this group. This suggests that the analysis of plastomes is useful toward genetic identification of hybrids in relation to C. sativa.