皮埃尔·诺拉的“记忆之场”与国族认知——兼论《普鲁斯特之<追忆似水年华>》

20世纪80年代后，学界的“记忆”研究逐渐兴起。法国当代史学名家皮耶?诺哈主编的多卷本《记忆之场》引领了这一潮流，将之聚焦于富有象征意味的“记忆之场”上。诺哈区分了“记忆”与“历史”，指出了“记忆”的“场所”具有的物质性、功能性与象征性，并以庞大的篇幅建构了法国国族自我认知的社会史。其中，孔帕尼翁的《普鲁斯特之<追忆似水年华>》将普鲁斯特及其作品视为一种“记忆之场”，探讨了“泛普鲁斯特学”、成为“法国伟大作家”的普鲁斯特及其成功的社会基础，将“普鲁斯特”这类“建构之象征物”纳入到“法国之所以成为法国”的研究中，表明其保证了一种集体性的、文化与身份认同的再生产；该文也代表了作品研究的另一种进入方式。     

Improved Area of Origin Estimation for Bloodstain Pattern Analysis Using 3D Scanning

An important component of crime scene reconstruction is bloodstain pattern analysis (BPA). Where BPA concerns impact patterns, estimating the area of origin is critical information for scene reconstruction. Traditionally, this is achieved by measuring individual bloodstains and performing trigonometric calculations; however, 3D scanning has been proposed as a viable alternative for overcoming logistical and practical concerns with the manual method. Therefore, this project aimed to establish whether the FARO Focus 3D scanner and FARO Zone 3D software can improve the accuracy of area of origin estimates relative to the manual method. We created a series of eight bloodstain impact patterns and performed paired analysis using the two methods to estimate areas of origin for each pattern. Our data suggested that FARO-derived estimates were generally more accurate than using the manual method. FARO-estimated heights of origin areas were generally closer to the true distance. Both methods underestimated the distance from the wall for most patterns originating 150mm or greater from the wall, but overestimated distances for patterns originating closer to the wall. The degree to which distances were underestimated increased significantly the further the blood source was from the wall and was greater for FARO-derived estimates. The results of this research contribute to the validation of these instruments for operational implementation for BPA and should be considered alongside the practical benefits of 3D scanning relative to manual methods. Further, 3D scanning can provide reliable BPA reconstruction documentation for technical review and court presentation.     

宪法与民法典关系的四个理论问题

从宪法角度和法律三元分类角度看,民法典将基本民事主体表述为"公民"比表述为"自然人"更合适。各国宪法差异决定中国民法典表述基本民事主体不能复制德国民法典的规定。就性质而言,民事主体内部关系的内容是权利与权利,应避免使用"权力"之类术语来定义其内部组织或描述其功能。在数字化时代,民法典应着力保障在数字化背景下备受威胁的个人隐私权,促进民事主体实质性享有平等的发展权利,但不宜承担公法功能。     

Distribution of the Minutiae in Hypothenar Palm Prints in Slovak Adults: Indications for Personal Identification

Minutiae are small distinguishing features found along every ridge flow, which make each friction ridge print unique. The most common friction ridge prints found at the crime scene are fingerprints; therefore, the most of the minutiae studies are focused exactly on this kind of prints. The authors believe that further examination and enlargement of the palm print database could result in better use of the palm prints for personal identification. We analyzed a total of 160 palm prints from 40 females and 40 males aged between 18 and 70 years from Slovakia. For the evaluation of the minutiae, the area of the hypothenar had to be marked out. The classification of the minutiae used for this study was based on a modified version of the classification system using the total of 13 types of minutiae. The frequency of every minutiae type was calculated and, using the chi-square test with Yates's correction, bilateral and sex differences were assessed. The relationship between the different types of minutiae was examined with Pearson's correlation test. During the initial phases of the identification process, the focus should be on the least common types of minutiae (Y or M and return), which were found not to correlate; thus, their mutual occurrence is random (e.g., overlap—Y or M, crossbar—return, or Y or M—dock). The results of the present study show which specific minutiae types are the most suitable for personal identification. These findings may be beneficial in more effective outcome of the identification process.     

MI Implementation in Juvenile Justice: A Case Report

Motivational interviewing (MI) is a communication style focused on enhancing clients’ own motivation towards change. In the justice system MI has evidence to support that it enhances communication and change behaviors in youth. As most MI training is designed for healthcare settings training and implementation of MI must be adapted to fit the juvenile justice model. This includes both rehabilitation and restorative justice. Here we describe the details that allowed one county small county in Pennsylvania to roll out MI training and initial skills review in less than 6 months. The case reviews the details of planning, trainings, and timing of activities. We then discuss what elements of those details fit into a greater implementation plan that may be applied elsewhere. Four key elements were instrumental to implementation: 1) appreciation of JPO time constraints, 2) cost containment 3) using blending to enhance JPO flexibility with MI use, and 4) policies that normalize use of MI. This outline may assist other courts in their own implementation efforts.     

How Many Seats in Congress Is Control of Redistricting Worth?

How large a benefit is partisan control of the redistricting process? Do legal constraints on redistricting—such as the preclearance requirement of the Voting Rights Act—alter this benefit? Are institutions designed to reduce the benefit to partisan control—such as redistricting commissions—effective? To measure the effects of partisan districting on the electoral fortunes of the parties, we collect data on the partisan composition of state government, House election outcomes, and moderating institutions over an 80-year period. Our results suggest that over time, both parties have benefited from unified control, with the effects largest in states where voters were evenly divided among the parties and smallest in states where the controlling party had a large advantage in the electorate. The effects have changed over time, with both parties having equally benefited from control during the middle of the 20th century, the benefit largely disappearing in the late part of the century, and the Republican Party seeing a moderate advantage from control in the current century. The benefits of partisan control were not diminished in states with redistricting commissions. The preclearance requirement appears to have hurt the Democratic Party except when its vote share was very low. The aggregate effects of partisan redistricting are moderate in magnitude—in the modern period, this effect has typically been less than 10 House seats, with the last election where control of the House would have flipped in expectation occurring in 1954.     

QuEChERS-LC/MS快速检测兽用麻药“舒泰”

目的本文对兽药"舒泰"中有效成分进行了结构确证,并建立了生物检材中替来他明和唑拉西泮的快速检验方法。方法在血液和尿液的生物检材中,通过加标实验,经QuEChERS萃取后,进行LC/MS对替来他明和唑拉西泮的定性定量检测分析。结果在血液和尿液的生物样品的加标实验中,替来他明的RSD%在0.5%~3.5%,唑拉西泮的RSD在0.5%~1.1%;替来他明的回收率在75.8%~100.3%,唑拉西泮的回收率在68.8%~76.6%,其中血液中替来他明的方法检出限为0.16ng/mL,尿液中为0.20ng/mL,唑拉西泮在血液中的方法检出限0.17ng/mL,尿液中为0.22ng/mL。结论建立的QuEChERS萃取方法,操作流程简便,方法重现性好,只需100μL取样量,更适合于痕量生物检材中替来他明和唑拉西泮的检验分析。     

Sample Mining and Data Mining: Combined Real-Time and Retrospective Approaches for the Identification of Emerging Novel Psychoactive Substances

Novel psychoactive substances (NPS) are synthetic drugs that pose serious public health and safety concerns. A multitude of NPS have been identified in the United States, often implicated in forensic investigations. The most common and effective manner for identifying NPS is by use of mass spectrometry and the true utility lies within nontargeted acquisition techniques. During this study, a liquid chromatography quadrupole time-of-flight mass spectrometry (LC-QTOF-MS) assay was developed, validated, and implemented for forensic toxicology testing. A SCIEX TripleTOF™ 5600 + with SWATH^® acquisition was used. Resulting data were compared against an extensive library database containing more than 800 compounds. The LC-QTOF-MS assay was applied to the reanalysis of biological sample extracts to discover emergent NPS. More than 3,000 sample extracts were analyzed, and more than 20 emerging NPS were detected for the first time. Among these were isopropyl-U-47700, 3,4-methylenedioxy-U-47700, fluorofuranylfentanyl, N-methyl norfentanyl, 2F-deschloroketamine, 3,4-methylenedioxy-alpha-PHP, eutylone, and N-ethyl hexedrone.     

Detection of Mitragynine in Mitragyna Speciosa (Kratom) Using Surface-Enhanced Raman Spectroscopy with Handheld Devices

A simple, quick, selective, sensitive, and effective field-friendly method capable of being used by nonexperts has been developed for detecting mitragynine in Mitragyna speciosa (kratom) using surface-enhanced Raman spectroscopy (SERS). Over 100 samples and blanks (known to be either positive or negative for the presence of mitragynine) were examined in duplicate using five identical handheld Raman spectrometers, which provided a data set of over 1,000 examinations. Based on the results of these analyses, the method yielded a true-positive rate of 99.3%, a true-negative rate of 97.9%, a false-positive rate of 2.1%, and a false-negative rate of 0.7%. The average minimum detectable concentration (C_m) of mitragynine that reproducibly yielded a match for one of the library spectra on all five instruments was determined to be 342 ng/mL (ppb). This C_m value is a conservative estimate considering that the extraction process was not fully optimized by this study, which was not necessary since the C_m value achieved was well below typical mitragynine concentrations in kratom (1.3–2.3%). The method is ideal (i) for prioritizing samples for additional testing using other more time-consuming laboratory-based techniques needed to detect and quantify mitragynine and (ii) for field use at international mail facility (IMF) satellite laboratories to help interdict kratom and prevent this dangerous product from reaching the U.S. supply chain.     

物业法律责任界定及解决合同纠纷的建议

廓清物业服务范围及维修责任的边界对于减少合同纠纷具有重要意义。排污管道责任归属问题的背后是物业服务意识差,管理方法落后、物业服务合同部分内容不合法以及利益的驱动。建议细化地方性物业管理条例实施细则;规范、细化、宣传物业服务合同;加强物业制度建设;修改排污管道设计;房地产开发企业与物业管理分离,严格招投标制度选聘物业;加强物业监督。