Direct ELISA kits as a sensitive and selective screening method for abstinence control in urine

In 2009 cutoff values of assessment criteria to testify abstinence control in order to estimate driving ability were standardized in Germany. The cutoff values are lower than required in existing guidelines like SAMHSA and there is critical discussion about detection of low concentrations by using immunoassay, especially concerning amphetamines in urine (50 ng/ml). In this study Direct ELISA kits were tested for their applicability to identify the absence of amphetamines, cannabinoids, opiates, cocaine, methadone and benzodiazepines in urine. Results were confirmed by LC/MS or GC/MS analyses. Sensitivity, specificity, predictive values (positive as well as negative) and overall misclassification rates were evaluated by contingency tables and were compared to ROC-analyses. Sensitivity results as well as specificity results were satisfying showing sensitivity values higher than 96% for each analyte. The amphetamine test we used showed sensitivity and specificity of 100% and 88%, respectively, even if amphetamine tests usually react with high cross-reactivity. Our study results include high discrimination at required cutoff values between positives and negatives for each drug group and demonstrate that immunological tests complying with requirements of current decreased urine cutoff values for assessment of driving ability do exist.     

Effects of judicial instructions and juror characteristics on interpretations of beyond reasonable doubt

The standard of proof, beyond reasonable doubt (BRD), serves as a threshold for reaching verdicts in criminal cases. Past research has demonstrated that factors such as the wording of judicial instructions defining the standard can influence people's interpretation of it. In addition, there is some concern that instructions may not be effective for the wider jury-eligible population. In an experimental study involving members of the general public, we examined the effect of two commonly used judicial instructions (i.e. sure and firmly convinced) against a situation when BRD was undefined, on people's quantitative interpretations of BRD as well as on their self-reported understanding of the standard and confidence in applying it. We also explored the effect of juror characteristics (i.e. gender, age and education). Compared to when the standard was undefined, the sure instruction helped to reduce inter-individual variability in interpretations of BRD and the firmly convinced instruction increased people's understanding of the standard. However, neither instruction was effective in increasing confidence in applying the standard or in reducing observed individual differences. These findings underscore the importance of developing evidence-based judicial instructions that can benefit the broad jury-eligible population equally and in a variety of ways.     

Settlement during patent litigation trials. An empirical analysis for Germany

Settlement in patent litigation suits is a frequently observed phenomenon. Even though parties have the opportunity of achieving an agreement at the first negotiation round they often reach one during trial. Game theoretic models suggest that additional or differently evaluated information may trigger settlement after a first bargaining round. This paper investigates settlement decisions in patent infringement suits for Germany. Based on a data set of 824 patents involved in infringement suits in Germany during 1993 and 1995 I find legal differences between the District Courts to have a significant impact on the settlement rates during trial. The results also reveal it is only in later stages of the trial that invalidity suits as a means of defense have a positive impact on the probability of settlement. Prior opposition to the litigated patent, however, always has a negative impact on settlement probability. Contrary to results for the US the adoption of the prevailing or not at the first instance has no effect on the settlement decision at the second instance.

7. Speyerer Planungsrechtstage und Luftverkehrsrechtstag

Ohne Zusammenfassung     

Optimization and validation of CEDIA drugs of abuse immunoassay tests in serum on Hitachi 912

Due to sensitive limits of detection of chromatographic methods and low limit values regarding the screening of drugs under the terms of impairment in safe driving (§ 24a StVG, Street Traffic Law in Germany), preliminary immunoassay (IA) tests should be able to detect also low concentrations of legal and illegal drugs in serum in forensic cases. False-negatives should be avoided, the rate of false-positive samples should be low due to cost and time. An optimization of IA cutoff values and a validation of the assay is required for each laboratory. In a retrospective study results for serum samples containing amphetamine, methylenedioxy derivatives, cannabinoids, benzodiazepines, cocaine (metabolites), methadone and opiates obtained with CEDIA drugs of abuse reagents on a Hitachi 912 autoanalyzer were compared with quantitative results of chromatographic methods (gas or liquid chromatography coupled with mass spectrometry (GC/MS or LC/MS)). Firstly sensitivity, specificity, positive and negative predictive values and overall misclassification rates were evaluated by contingency tables and compared to ROC-analyses and Youden-Indices. Secondly ideal cutoffs were statistically calculated on the basis of sensitivity and specificity as decisive statistical criteria with focus on a high sensitivity (low rates of false-negatives), i.e. using the Youden-Index. Immunoassay (IA) and confirmatory results were available for 3014 blood samples. Sensitivity was 90% or more for nearly all analytes: amphetamines (IA cutoff 9.5 ng/ml), methylenedioxy derivatives (IA cutoff 5.5 ng/ml), cannabinoids (IA cutoff 14.5 ng/ml), benzodiazepines (IA cutoff >0 ng/ml). Test of opiates showed a sensitivity of 86% for a IA cutoff value of >0 ng/ml. Values for specificity ranged between 33% (methadone, IA cutoff 10 ng/ml) and 90% (cocaine, IA cutoff 20 ng/ml). Lower cutoff values as recommended by ROC analyses were chosen for most tests to decrease the rate of false-negatives. Analyses enabled the definition of cutoff values with good values for sensitivity. Small rates of false-positives can be accepted in forensic cases.     

Absorptive capacity and post-acquisition inventor productivity

Inventors often experience a low productivity after their company has been subject to a merger or acquisition (M&As). It is of central managerial interest to identify factors facilitating the integration of new inventive staff and thereby counteracting innovation declines after M&As. This paper provides empirical evidence into the role of acquiring firms?? absorptive capacity for the post-merger patent productivity of the acquired inventors. Based on a sample of 544 inventors employed by European acquisition targets in the period 2000?C2001 it is shown that the post-merger productivity of acquired inventors is significantly higher within acquiring firms with a distinct absorptive capacity. It can be concluded that absorptive capacity is a firm capability that enhances the integration of inventors after firm takeovers.     

Rethinking Constructs of Maternity in the Novels of Elena Ferrante and Alice Sebold

This article explores how Alice Sebold and Elena Ferrante place the feminine—and indeed often the maternal—body at the very centre of their narratives. The body—as a locus that filters the broader tensions and conflicts experienced by their female protagonists—in fact emerges as a key site of ‘contestation’ in their works. Through a close analysis of a selection of ekphrastic images, and photographic metatexts in particular, the author draws attention to how the two authors employ textual negotiations of the feminine body to question and problematize normative conceptions of femininity and motherhood. Ultimately, the author suggests that they not only challenge but also shift the perspective of, or indeed refocalize the dominant visual narrative of, the maternal/feminine body and the long history of objectification of the latter. In so doing, the author situates the two writers at the forefront of rethinking contemporary constructs of maternity and femininity.