The psychodynamics of the presidential assassin and an examination of the theme/graphic variables of his threatening correspondence

A case of fatal Reye's syndrome presenting as the second sudden infant death in a family is described. The increasing interest in fatty change in the liver in cases of sudden infant death syndrome is noted and it is suggested that standardised interpretation of findings is essential if its significance is to be correctly evaluated.     

Biasing effects of pretrial publicity on judicial decisions

In a four-factor design, the effects on judicial decisions of sample (102 students versus 100 nonstudents), sex of subject, pretrial publicity (damaging and relevant versus irrelevant), and judge's instructions (warning to disregard pretrial publicity versus a neutral statement) were examined. Results indicated that sample and judge's instructions had no effects on verdicts, recommendations for sentencing, or ratings of the strength of the prosecution and defenses' cases. Pretrial publicity, however, exerted a strong influence on verdicts and ratings of the prosecution's case, particularly among females. It is suggested that pretrial publicity may serve to affect evaluations of the evidence presented at the trial.     

Reduced payer's liability for unauthorized payment transactions under the second Payment Services Directive (PSD2)

In 2015, the European legislator enacted the second Payment Services Directive, which, among other things, determines the payer's liability for unauthorized payment transactions. This paper will show that PSD2 has widened its scope and further reduces the payer's liability for unauthorized transactions, for example by making it impossible to hold the payer liable in case no strong customer authentication has been applied, by requiring supporting evidence to prove the payer's fraud or gross negligence and by applying the same rules when unauthorized transactions are initiated through a payment initiation service.     

Cyber insurance – What coverage in case of an alleged act of War? Questions raised by the Mondelez v. Zurich case

In October 2018, snack company Mondelez International, Inc. (Mondelez) filed an action against Zurich American Insurance Company (Zurich), requesting indemnification for more than USD $100,000,000 in losses caused by the NotPetya cyber virus. Zurich refuses to cover these damages alleging one of the insurance policy's exclusions for damage resulting from a hostile or warlike action by a government, as the NotPetya attack is said to have been sponsored by Russia. This case is noteworthy for multiple reasons: not only is it the first significant legal dispute in the insurance field concerning the recovery of costs resulting from a cyber attack, but it is also the first time that an insurance company is invoking the war exclusion to decline coverage for an allegedly state-sponsored cyber hack.This article analyzes the key issues of this important case, including attribution of a cyber attack to a State and interpretation of an insurance policy's war exclusion in a cyber context, and the likelihood of success of Mondelez's arguments. It also explores the strengths and limits of general principles of contract and public international law when applied to new technologies and cyber incidents. Finally, it discusses the potential impacts of the Mondelez case on the contents and limits of future traditional and cyber-specific insurance policies.     

Evaluation of postmortem biochemical markers: Completeness of data and assessment of implication in the field

Throughout the years an increase has been observed in research output on biochemical markers for determining the postmortem interval (PMI). However, to date, a complete overview is missing on the results of postmortem biochemical markers (PBM's) for PMI estimation. In this paper, literature was reviewed in order to identify the knowledge lacunae of PBM research from a practical point of view. A three-step approach was undertaken in order to achieve the set goal. Literature was collected, the PBM's were evaluated for completeness by means of a scorings index based on set criteria, and PBM's were subsequently evaluated in light of the Daubert & Frye criteria for scientific evidence in court. Seven PBM's were found to be well investigated, from which potassium had the highest completion score. However, none of these PBM's could be qualified as suitable for court evidence. Further, this study revealed that the majority of PBM's (94%) is not well investigated. Consequently, these PBM's did not meet Daubert & Frye criteria. In order to improve the assessment for use of PBM's as evidence in court regarding PMI estimation, PBM's should be investigated more thoroughly and data should be made readily available.     

Can analysis of a small clod of soil help to solve a murder case?

Soil forensics utilizes extensive soil information to answer legal questions and test hypotheses. The main difficulty often is the determination of different variables from a small amount of soil sample collected on the suspect. We developed a sequential mineralogical and chemical analyses to assess a limited quantity of soil vestiges (0.5 g) from a suspect's vehicle (adhered to the outside rear-view mirror and to the left front fender) involved in a murder case and compared them with the surface samples found at the victim's body disposal site at the Graciosa Road, Paraná State, Brazil. All results affirm that the suspect’s vehicle could have been in contact with the edge of the Graciosa Road, approximately the place where the victim’s body was located. As a result of the soil analysis and comparison, the results support the likely contact of the suspect’s vehicle with the crime scene.     

Contextual information management: An example of independent-checking in the review of laboratory-based bloodstain pattern analysis

This article describes a New Zealand forensic agency's contextual information management protocol for bloodstain pattern evidence examined in the laboratory. In an effort to create a protocol that would have minimal impact on current work-flow, while still effectively removing task-irrelevant contextual information, the protocol was designed following an in-depth consultation with management and forensic staff. The resulting design was for a protocol of independent-checking (i.e. blind peer-review) where the checker's interpretation of the evidence is conducted in the absence of case information and the original examiner's notes or interpretation(s). At the conclusion of a ten-case trial period, there was widespread agreement that the protocol had minimal impact on the number of people required, the cost, or the time to complete an item examination. The agency is now looking to adopt the protocol into standard operating procedures and in some cases the protocol has been extended to cover other laboratory-based examinations (e.g. fabric damage, shoeprint examination, and physical fits). The protocol developed during this trial provides a useful example for agencies seeking to adopt contextual information management into their workflow.     

Two models of formal social control

In recent years there has been an increasing concern with the link between judicial decisions and the socio-political attributes of the environment in which courts function. Little attention has been paid to the link between attorneys' advice and that same court environment. This study fills the gap.In this paper two models of formal social control are developed—a legalist and a decentralized model. The effect of this environmental factor on attorneys' forum advice is examined.Forum advice data were collected on 143 attorneys in Maryland, Louisiana, and Texas. The data were analyzed using analysis of variance for repeated measures. It was found that a state's adopted model of formal social control does affect attorneys' judge-jury advice. Attorneys in legalist states are more likely to advise the judge trial than are attorneys in decentralized states. This effect was mediated, however, by the race of the client, the racial composition of the community in which the case was to be heard, and the seriousness of the offense. With increasing levels of legalism, attorneys representing blacks based their judge-jury advice on both the seriousness of the offense and the racial composition of the community in which the case is to be heard. With increasing levels of legalism, attorneys of white clients based their forum advice solely on the seriousness of the offense.     

Police uniforms,attitudes, and citizens

This study focuses on identifying the relationship between the citizen's attitude toward the police and the police uniform and authoritarian attitude. The perceived authority associated with the police uniform has been an essential ingredient of the police role. Consequently, the police uniform influences attitudes and behaviors of the wearers as well as the citizens with whom they interact. The citizen's attitude is negatively affected by the traditional military style police uniform in conjunction with the authoritarian attitude exhibited by police officers in performance of their duties. Consequently, when the uniform and officer's attitude are altered, there will be a corresponding change in the citizen's attitude toward the police. The attitude of the officer, in conjunction with the uniform, exerts considerably more influence on the citizen's attitude than does the uniform, officer's attitude, or any additional factor acting independently.     

The impact of China's 2016 Cyber Security Law on foreign technology firms,and on China's big data and Smart City dreams

Chinese officials are increasingly turning to a policy known as Informatisation, connecting industry online, to utilise technology to improve efficiency and tackle economic developmental problems in China. However, various recent laws have made foreign technology firms uneasy about perceptions of Rule of Law in China. Will these new laws, under China's stated policy of “Network Sovereignty” (“网络主权” “wangluo zhuquan”) affect China's ability to attract foreign technology firms, talent and importantly technology transfers? Will they slow China's technology and Smart City drive? This paper focuses on the question of whether international fears of China's new Cyber Security Law are justified. In Parts I and II, the paper analyses why China needs a cyber security regime. In Parts III and IV it examines the law itself.     

The colonial model,subcultural theory,and intragroup violence

Frantz Fanon's explanation of exceptionally high rates of intragroup violence among natives of European colonies has been virtually neglected by social scientists seeking to understand violence. This study discusses important similarities between Fanon's colonial model and subcultural theory, including Wolfgang and Ferracuti's subculture of violence thesis. More importantly, it is shown that decolonization in the Caribbean island of St. Vincent is accompanied by a decrease in the frequency of intragroup violence as the colonial model suggests.     

Hyperlinking under the lens of the revamped right of communication to the public

For more than a decade now, the right of communication to the public has been developed and interpreted by the CJEU, leading to a complex set of criteria that must be analysed on a case-by-case basis. When confronted with the copyright status of hyperlinking, the Court built upon that background in a string of cases that ended up reshaping the traditional contours of the exclusive right. The practice of linking, an essential element of the Internet and a crucial tool for any online activity carried out by entities and individuals, is now affected by the new scope of the communication to the public right, with direct consequences on the liability hyperlinkers may incur. This article will examine the status of the Court's case law to provide insights that may facilitate its interpretation and application. It will consider in particular how hyperlinkers are exposed to liability and which duties of care result from the Court's approach. It will also examine how the new understanding of hyperlinks from a copyright perspective may be relevant in the context of the proposed Directive on Copyright in the Digital Single Market.     

What is ‘fair compensation’ for death or injury?

This note demonstrates that David Friedman's recent assertion that, because full ex post compensation means that the potential injuror is overcompensating, ‘it follows that he will be overdeterred from imposing risk …’ cannot be supported, a priori, except in special cases. It is argued that this finding actually strengthens the case for compensation which is ‘fair’ as defined by Friedman.     

China's stance on the Google/Motorola merger: Implications for competition in intellectual property-intensive sectors

China's merger enforcement agency approved the Google/Motorola merger with conditions. This pattern of approval is not in full accordance with that in other jurisdictions, including the United States and the European Union, which made unconditional approvals. This contradiction attracted ample criticism; some critics believe that China's policy is designed to protect domestic industry. In investigating the Chinese merger agency's decision and the basis for its decision making, this article finds that much of the criticism is groundless and misleading because the critics have failed to incorporate all elements of the global value chain of mobile intelligent terminals into their analyses. The investigation also shows that, although the decision makers are less experienced, their decisions are based on Chinese competition law and market realities. It is important for international firms to be aware of this pattern in merger analysis.     

The mathematical determination of the number of copies of a typewritten document

The normal, regular, basic interlinear spacing of typewriters and the relation to the roller's diameter is considered. The enlargement of the roller's diameter according to the number of carbon copies is examined with the consequent amplification of the basic interlinear spacing. Thus it is possible to demonstrate the existence or non-existence of carbon copies and to determine their number.     

Few convictions in rape cases: Empirical evidence concerning some alternative explanations

This paper examines several explanations for the low rate of conviction for rape arrests made in the District of Columbia from 1971 to 1976. Discrimination against female victims does not appear to be a major cause of the problem, nor do rape victims appear more likely than victims of other serious crimes to cause case attrition due to their own unwillingness to continue. Questioning of the victim's credibility, on the other hand, does seem to be more of a reason for case dismissal for rape cases than for other serious crimes. A multivariate analysis of the types of rape cases that do result in conviction yielded eight statistically significant variables. A new perspective on rape cases emphasizing the issues of consent and credibility is presented.     

Secondary transfer of organic gunshot residues: Empirical data to assist the evaluation of three scenarios

The present study aimed at providing data to assess the secondary transfer of organic gunshot residues (OGSR). Three scenarios were evaluated in controlled conditions, namely displacing a firearm from point A to point B, a simple handshake and an arrest involving handcuffing on the ground. Specimens were collected from the firearm, the hands of the shooter and the non-shooter undergoing the secondary transfer in order to compare the amounts detected.Secondary transfer was observed for the three scenarios, but to a different extent. It was found that displacing a firearm resulted in secondary transfer in <50% of the experiments. The firearm also had an influence, as contrary to the pistol, no secondary OGSR were detected using the revolver. Shaking the hand of the shooter also transferred OGSR to the non-shooter's hand. In that case, the amount of OGSR was generally higher on the shooter than on the non-shooter. Finally, the largest secondary transfer was observed after the arrest with handcuffing with positive results in all cases using the pistol. In that scenario, the amounts on the shooter and the non-shooter were in the same range.This study highlights that the secondary transfer must be taken into account in the interpretation of OGSR. Indeed, an individual's hands might be contaminated by handling a firearm or having physical contact with a shooter.     

European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening ``on the ground'' at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening ``on the ground'' at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.