The Role of International Legal Norms in Ensuring the "Right to a Legal Defense"

On 22 November 1991, the Supreme Soviet of the RSFSR adopted the "Declaration of the Rights and Freedoms of the Individual and Citizen."¹ Article 1 of the declaration states that universally recognized international norms on human rights have priority over the laws of the RSFSR where they directly give rise to rights and duties of citizens. But, in the words of A.M. Vasil'ev, this is "really only a defended, not a proclaimed right."² The systems of international and Soviet law set down the procedure and the order of realization of rights and freedoms and the ways and means for their legal defense. An important guarantee for the realization of rights and freedoms is ensuring the individual's right to a legal defense.     

“新闻(媒体)侵权”否认说

侵权责任法不应规定"新闻侵权"或"媒体侵权"。依文义分析看,支持"新闻(媒体)侵权"者,既未能明确协调好"新闻(媒体)侵权"与侵害名誉权、侵害隐私权等侵权行为之间的关系,又未能解决好"新闻(媒体)侵权"的特殊性问题;从比较法上看,无论是大陆法系的老法典、新法典,还是比较注重实用和实践经验的美国法,都没有承认"新闻(媒体)侵权";我国的立法与司法解释也从未规定过"新闻(媒体)侵权"。"新闻(媒体)侵权"之所以不被世界各国所采纳,根本原因在于,它与近现代民法的基本技术方法背道而驰。     

From a Cockroach’s Point of View: The Metamorphosis of Perception in Kafka

The article offers a reading of the famous tale by Kafka focused on the consequences triggered by the sudden transformation of Gregor Samsa into an insect. This event constitutes the starting point of a shift that involves phases and components of perception both of the self and of the world as well as the relations among the inner and the external world, the most elementary awareness and feelings and the most complex ones, which are affective, cognitive and related to interactions, expressed with particular emphasis by the dynamics of the spatial dimension of the story. Two discursive paths intersect above all: on one side, the traveling salesman wakes up with the/in the body of cockroach while his soul is the same as always. He will have to try to become cockroach, that is to assume its perceptions and then, slowly, its tastes, its impressions and any other animal sentiment. At the same time, the becoming of Gregorio’s family will be antiphrastic to the one experienced by him: from inept, passive parasites of their akin, as they are depicted at the beginning of the story, his family members will gradually turn into active bourgeoisies full of projects, rejecting Gregory up to eliminate him: they are the ones dehumanizing themselves, while Gregory refines his sensitivity in suffering, even to the sacrifice.     

The enigma of the kula ring: Gift-exchanges and primitive law and order

There is no such thing there as a free gift.¹Exchanges are peacefully resolved wars and wars are the result of unsuccessful transactions. ²As long as ceremonial exchanges continued to take place assurance, that peace prevailed, the linked groups could continue to carry on other mutually advantageous activities, such as trade in ordinary goods …³     

Investigating Residential History Using Stable Hydrogen and Oxygen Isotopes of Human Hair and Drinking Water

The relationship between isotopic signals in human hair and geographic region has potential forensic applications for identifying unknown individuals' place of recent residence. This study analyzes δ²H and δ¹⁸O isotopes in residential tap water and bulk hair samples from 17 volunteers representing 12 locations in Ontario, Canada. There is a strong correlation (R² = 0.9) between δ²H and δ¹⁸O values of the water samples. In contrast, the δ²H and δ¹⁸O values of the hair samples are weakly correlated (R² = 0.3), and the greater variability in the data is linked to dietary factors. This study demonstrates that the δ²H and δ¹⁸O values of hair and drinking water can be used to help identify potential place of residence in forensic cases, particularly in relation to proximity to large bodies of water such as the Great Lakes, but interpretations are complicated by the contribution of both water and diet to δ²H and δ¹⁸O values in hair.     

Organized futures contracting

Futures markets play an important role in shifting risk and facilitating exchange. Yet despite their growing importance economists do not yet possess a satisfactory theory of the evolution and growth of futures markets.¹ In the law-and-economics literature there is an assumption that parties will seek to specify their obligations completely or else rely on the terms implied by contract law.² The idea that institutions will develop to deal with contractual problems (including the inefficiencies of contract law) has only recently been explored.³ Futures contracts are contracts designed to separate one aspect of exchange that is particularly susceptible to enforcement problems-price volatility. It does this in a way that allows little scope for the intervention of the formal legal rules of contract law since trading in and the resolution of disputes concerning futures contracts are governed by the rules of the exchange. In fact, many futures contracts, especially the newer varieties, may well be deemed wagering contracts and hence null and void under the usual rules of contract law.⁴In this article the structure of organized futures contracting will be examined to see how it deals with the enforcement problems that arise when exchange is subject to the risk of price volatility.⁵     

事实与价值的统一——对“真实是新闻生命”的思考

本文从价值哲学和逻辑学的角度,对“事实”理论作了全面系统的考查和分析,强调指出“事实”是主体对客体进行价值评价的过程,是主体能动性的表现,从而为“真实是新闻生命”这一基本观点提供了理论基础;本文还联系法新闻实际,指出法新闻工作者要在尊重法律“事实”的基础上,充分发挥新闻舆论监督的作用,做到尊重法律“事实”与发挥主体能动性的统一。     

Does Mirror Imaging a Radiograph Affect Reliability of Age Assessment Using the Greulich and Pyle Atlas?*

Abstract: Age estimation is routinely undertaken by comparing radiographs of the individual in question to published reference samples of individuals of known age. This study examines the reliability of age estimation utilizing the Greulich and Pyle atlas in relation to both left‐ and right‐hand/wrist radiographs and explores whether reversing right‐hand/wrist radiographs, so that they are in the same anatomical orientation as those images used in the atlas affects reliability. A total of 403 left‐hand/wrist radiographs and 415 right‐hand/wrist radiographs were age assessed using the Greulich and Pyle atlas. Analysis showed that there is no significant loss in reliability when radiographs of the right hand (women R² = 0.887 and men R² = 0.907) are utilized instead of the left (women R² = 0.939 and men R² = 0.940) or when they are assessed as mirror images to those printed in the reference atlas (reversed female left hand R² = 0.929 and reversed male left hand R² = 0.931).     

Particle Analysis for the Detection of Gunshot Residue (GSR) in Nasal Samples Using Scanning Laser Ablation and Inductively Coupled Plasma-Mass Spectrometry (SLA-ICPMS)

Currently, aluminum stub with carbon adhesive devices are used to collect inorganic gunshot residues (GSR) from the hands of a shooter. In an ideal shooting case, the gunshot particles do not persist for more than 2 h in the hands of the shooter, provided that the hands have not been washed. However, for forensic analysis and inference, the extended persistence of GSR would be desirable. This study investigates a novel GSR sampling and detection protocol. Sampling was performed in the nostrils using swab devices impregnated in ethylenediaminetetraacetic acid (EDTA). The GSRs persisted for longer periods in nasal mucus than on the hands, and particles were detected 6 h after shooting occurred. The analytical determination was conducted by scanning laser ablation-inductively coupled plasma-mass spectrometry (SLA-ICPMS) which enable the identification of the number of particles and their elemental composition. Seventeen isotope signals corresponding to ¹³C, ²⁰⁵Tl and 15 analytes that are usually associated with the composition of GSR residues were monitored: ²⁷Al, ²⁹Si, ³¹P, ³³S, ³⁵Cl, ³⁹K, ⁴⁴Ca, ⁵⁷Fe, ⁶⁰Ni, ⁶³Cu, ⁶⁶Zn, ¹¹⁸Sn, ¹²¹Sb, ¹³⁷Ba, and ²⁰⁸Pb. The SLA technique enabled the reduction of the swab analysis time to 40 min. The effectiveness of this methodology was evaluated with two types of firearms: a pistol and a shotgun. The results indicated that the methodology proposed for the analysis of the nasal GSR was effective and that it can improve or complement the forensic analyses and inferences presented in a court.     

Law, Religion, and "Public Health" in the Republic of Brazil

The essay evaluates the general problem that, while most modern republican constitutions follow the U.S. and French models in declaring religious freedom, absolute religious freedom is impossible and undesirable. How are religious freedoms constrained, and how much should they be? The essay evaluates the strategies by which limitations on freedoms of religion are constructed and imposed, especially the powerful isomorphism of law and science described by Boaventura de Sousa Santos. Taking the example of Afro‐Brazilian religions in relation to the Brazilian state since 1890, post‐emancipation, the essay argues that pseudo‐scientific discourses of “public health” constrained the religious practice of former slaves, thus allowing the trompel'oeil of religious freedom to continue in the new republic, even as freedoms were in fact constrained by the state.     

Determination of potassium/sodium ratio in heart tissue. Evaluation of its use as an index of myocardial ischaemic damage. Comparison with the nitro-BT test

The succinate dehydrogenase method of staining and the determination of the K⁺/Na⁺ ratio of heart tissue have been applied to forensic material as a tool for demonstrating early signs of myocardial infarctions. Both methods are controlled by a series of forensic cases dying from causes other than arteriosclerosis of the coronary arteries. Based on an analysis of normal material some factors influencing the K⁺/Na⁺ ratio are defined. It is concluded that the determination of the K⁺/Na⁺ ratio shows more infarcts than the formazan method; however, the evaluation of the K⁺/Na⁺ ratio is difficult. The K⁺/Na⁺ determination is not recommended for routine use. A possible indication for the use of the K⁺/Na⁺ determination together with the formazan test could be cases of instantaneous death by accidents suspected to have been provoked by a fatal heart attack.     

A production system to generate reference genetic profiles from buccal swab cells on FTA cards

To generate the large quantity of genetic profiles that continuously feeds the French Reference Sample Database (F.N.A.E.G.), a secure and robust process is required. A complete automated production chain has been developed by Hamilton Robotics and the French Police Scientifique in Lyon to produce genetic profiles from buccal swab cells on FTA^® cards. The activities have been divided between Pre- and Post-PCR. The samples on FTA^® cards are punched directly into PCR plates. The plates are then transferred onto the Hamilton Microlab^® STAR liquid handling instruments. Air displacement pipetting coupled with Hamilton's CO-RE Technology allows a highly secure and contamination free pipetting for FTA^® wash and STR^® Identifiler^® PCR reaction set-up. Plates are sealed and transferred to the Post-PCR system for pooling into 384 format and denaturation. Throughout the process steps a complete sample tracking is performed and sample information is transferred to the LIMS system. This poster describes in detail this production system with an actual throughput of 40,000 samples/month, which is in production since 2006.     

Digital provenance – interpretation,verification and corroboration

This paper defines the attributes that are required to provide ‘good’ provenance. The various sources that may be used to verify the provenance of digital information during the investigation of a Microsoft^® Windows^® based computer system are presented. This paper shows how provenance can be corroborated by artefacts which indicate how a computer system was connected to the outside world and the capabilities that it provided to a user. Finally consideration is given to a number of commonly used forensic tools and shows how they represent the provenance of information to an investigator.     

Some implications of non-reporting and self-reporting of crime on criminal justice research

Conclusions There are reasonable grounds for assuming that unreported crime is extensive. Inasmuch as questionnaires are the major source of data for self-reported crime and delinquency and Clark and Tifft have seriously challenged the validity of this data source, it seems these areas lack a valid and unequivocal basis for assessing theory. It seems rather pointless to pursue etiological studies until new, valid, and reliable sources of data are available for theory construction and testing. The contention that interdisciplinary research is needed in Criminology is strengthened by the Clark and Tifft study, which offers an instance of fruitful interdisciplinary collaboration. Other recognized examples of significant interdisciplinary effort include the works of Pasmanick,et.al.,²³ Srole,et. al.,²⁴ and Lindner,et. al. ²⁵ Students of crime and delinquency must break through the parochialism of unitary and doctrinaire commitment to their own disciplines. In particular, sociologists must learn increasingly to utilize and embrace, at least on the micro-level, the potentials offered by other sciences, especially the life sciences. An alternative to this proposal would be a largescale consecutive birth study; then, perhaps in a quarter of a century, we might have the data necessary to formulate tentative etiological conclusions.     

Trauma,Psychiatric, Substance Use,and Thought Disorders Among Youth in the Juvenile Justice System and How to Deal with Them

The personal stories that youth in juvenile facilities report to their counselors are heartbreaking because they are filled with accounts of excessive trauma resulting from neglect, physical, sexual, and emotional violence perpetrated on these children. Perry found that trauma develops from severe neglect, abuse, and living in terrorizing environments. Trauma changes the neural processing ability within the child's developing brain which can lead to hypervigilance and dysfunctional behavior. ¹ Widom found that children who had been abused or neglected as children have 30% higher arrests as a juvenile and as an adult for a violent offense. ²      

Illusions and Realities of the "New Era"

"Last week the world suffered a shock that will inevitably make us divide the time into two parts—before the terrorist acts in the United States and after them. Because a new world and a new world order are being born in the ruins of the World Trade Center" (S. Strokan', "The Dawn of a New Era" [Zarevo novoi ery], Kommersant-Vlast', 2001, no. 37 [18 September], p. 35). Not only the Russian political weeklies thought this. The tragic events that the United States suffered on 11 September not only sent many countries into shock but also sparked the idea that humanity suddenly found itself in an incomprehensible world, a new space-time—that life would be different from then on, that we would think differently and structure international relations differently. Even some of the supporters of Francis Fukuyama, who proclaimed the "end of history" more than ten years ago, hurriedly declared that the "oracle" was wrong, since on 11 September events of historic scale and significance had taken place in the United States. One critic of the American "prophet" noted, not without sarcasm, that "Black Tuesday" signified "the end of the end of history." That did not, however, shake the convictions of Fukuyama himself. In an article eloquently titled "History Is Still Going Our Way," published in The Wall Street Journal Europe on 8 October, he continued to assert that "we remain in the final stage of history" (F. Fukuyama, "History Is Still Going Our Way," The Wall Street Journal Europe, 8 October 2001).     

Sourcing explosives: A multi-isotope approach

Although explosives are easily identified with current instrumental techniques, it is generally impossible to distinguish between sources of the same substance. To alleviate this difficulty, we present a multi-stable isotope (δ¹³C, δ¹⁵N, δ¹⁸O, δD) approach for appraising the possibility of discriminating explosives. The results from 30 distinct PETN, TNT and ANFO samples show that the different families of explosives are clearly differentiated by both their specific isotope signatures and their combination with corresponding element concentrations. Coupling two or more of the studied isotope systematics yields an even more precise differentiation on the basis of their raw-material origin and/or manufacturing process.     

Can hyperlinks and digital rights management secure affordable access to information?

Digital Rights Management Systems (DRMs) related control mechanism, which are analogous to and augment the exclusive rights, have been the subject of debate since the early 1980s. DRMs, which function like an electronic security guard that ‘never leaves its post, never takes a break and never sleeps,¹ can invade the privacy of individuals, prevent competition and/or control access to a work that is not or is no longer copyright protected. Hyperlinks are citations of an electronic address, but when clicked they navigate the user to the source of further information, including codes circumventing DRMs. This article accepts that the excesses of DRMs can outreach copyright and/or contract law, but argues that DRMs provide an opportunity for innovative business models, which can both protect digital works and promote free use of hyperlinks. Part 1 outlines the background and legislative provisions related to DRMs. It contrasts the WIPO Copyright Treaty (WCT) 1996,² Articles 11 and 12, with corresponding provisions found in the implementing legislation of the US Digital Millennium Copyright Act (DMCA) 1998,³ and the EU Copyright Directive (EUCD) 2001.⁴ It also examines the intellectual property aspects of the Trans-Pacific Partnership (TPP) and Europe's Anti-counterfeiting Trade Agreement (ACTA).⁵ Part 2 debates opposing academic opinion and comments on case law relating to DRMs, including the use of hyperlinks as a way of trafficking circumvention technology and/or facilitating unauthorised access to a copyright work. It assesses the extent to which DRMs might inhibits the development of new products, prevents competition, or invades the privacy of individuals, and points to the opportunities a consumer group-rightholder negotiated model end user licence can offer. Part 3 concludes that DRMs bolsters the clutches of the rightholder, but reduce unauthorised access to information thus minimising revenue loss, which can make hyperlinked ‘consumer’ access to information ‘affordable,’ or even free.     

Can Stable Isotopes and Radiocarbon Dating Provide a Forensic Solution for Curbing Illegal Harvesting of Threatened Cycads?

Cycads in South Africa are facing an extinction crisis due to the illegal extraction of plants from the wild. Proving wild origin of suspect ex situ cycads to the satisfaction of a court of law is difficult, limiting law enforcement efforts. We investigated the feasibility of using multiple stable isotopes to identify specimens removed from the wild. Relocated and wild specimens from two species in the African genus Encephalartos (E. lebomboensis and E. arenarius) were sampled. ¹⁴C analysis indicated that a ± 30‐year chronology could be reliably obtained from the cycads. For E. arenarius, pre‐relocation tissue was consistent with a wild origin, whereas tissue grown post‐relocation was isotopically distinct from the wild for ⁸⁷Sr/⁸⁶Sr and δ¹⁵N. For E. lebomboensis, δ³⁴S, δ¹⁸O, and ⁸⁷Sr/⁸⁶Sr were different between relocated and control plants, consistent with the >30 years since relocation. Our findings demonstrate the potential for a forensic isotope approach to identify illegal ex situ cycads.