知识产权国际博弈与中国话语的价值取向

美国在知识产权全球治理中呈现出一味强化权利保护的价值倾向。受其影响,知识产权保护的国际规则呈现不断强化之势。但是,美国在国内法中存在对知识产权强化保护的平衡机制,有别于其对外片面输出强化保护规则。一味强化保护的知识产权制度会走向偏颇。我国在知识产权国际博弈和对话中需要提出自己的话语和话语体系,其前提是明确本国话语的价值取向。相比历史、文化取向而言,话语构造的价值取向路径具有优越性。在国际博弈中,我国宜秉持并提倡知识产权法的二元价值取向。二元价值取向契合知识产权法基本原理,体现了世界共同价值,其核心作用在于纠偏,我国应坚持和发扬这一价值取向。     

Prisons or Problem-Solving: Does the Public Support Specialty Courts?

ABSTRACT

Recently, “problem-solving” courts have been developed as an alternative to imprisonment. They are often called “specialty” courts because they process and divert into treatment programs offenders who are seen as different from the general criminal population, such as those with mental health or drug problems, those who are homeless or veterans, and those who engage in domestic violence. Based on a 2017 national survey of 1,000 respondents, the current study examines overall public support for rehabilitation as a goal of corrections and then focuses specifically on support for different types of specialty courts. The analysis reveals that the American public endorses not only the rehabilitative ideal but also the use of problem-solving courts. Further, with only minimal variation, strong support for these courts appears to exist regardless of political orientation and sociodemographic characteristics.     

基于X-射线衍射法检测甲基苯丙胺晶体并推断来源

目的采用X-射线衍射法(XRD)建立一种快速检测甲基苯丙胺晶体并推断其来源的方法。方法对18起案件中的53份甲基苯丙胺样本进行XRD检验。结果通过分析主要特征峰强度比例,可以得到毒品的定性分析结果,以及样本的晶型取向信息;通过分析XRD谱图中毒品的特征峰半峰宽信息可以得到毒品的结晶度;对样本中明显的杂质峰进行比对,即可得到毒品来源信息参考。结论该方法简便快捷、无损样本、无污染,能够快速、准确、高效地分析结晶状毒品,为确定制贩毒集团上下线及涉毒案件串并案提供佐证。     

War Hypotheses: Drug Trafficking,Sovereignty and the Armed Forces in Mexico

This essay analyses how Mexican presidents have interpreted the concepts of drug trafficking and national security and how these particular connotations have redefined national sovereignty and the specific role of the armed forces in protecting this sovereignty. A qualitative technique of discourse analysis is used to examine public speeches by Zedillo (1994–2000), Fox (2000–2006) and Calderón (2006–2012). The conclusions suggest that drug trafficking and US omnipresence are the two main issues that shaped Mexico's national security threats during this period, with qualitatively distinct trajectories.     

Real and unreal masculinities: the celebrity image in anti-trafficking campaigns

Numerous scholars note the highly gendered nature of anti-trafficking responses. Much of the literature exploring anti-trafficking campaigns, however, focuses on the objectification of women and their placement as abject bodies, objects of violence, in pain and to be pitied. Nevertheless, few scholars explore how these campaigns portray men and shape masculinities. Using as example a highly publicised online anti-trafficking campaign, ‘Real Men Don't Buy Girls’, this article responds to this gap in the literature by exploring depictions of masculinities through this prominent anti-trafficking public service announcement. The article observes that this announcement serves not to reshape gender performance around trafficking, but instead further reproduces existing gender structures and power relations underpinning trafficking and child exploitation. It observes that the campaign re-instantiates hegemonic masculinities – framing men enacting this masculine form as ‘real men’ – while encouraging men to embody a virile, successful, consumerist, controlling, and patriarchal manliness. We observe that these characteristics are notably assigned to celebrity men. Meanwhile, it is noted that men who buy girls are set in binary opposition to these real men, being shaped as faceless, un-described, deviant, and ‘unreal’. The result is that the campaign not only patterns masculinities, but also objectifies the objectifier as well as women, recreating a gender ordering in which women and girls remain disempowered, and buyers of girls are ultimately denied subjecthood and thus the ability to change. This article, therefore, uses this one case study to call for anti-traffickers, researchers, and scholars to urgently consider, research, and reshape portrayals of masculinities in anti-trafficking literatures. It calls for greater diversity and fuller account for a broader spectrum of gender representations in the visual representations of those involved in, and responding to, human and child trafficking, in both our scholarly work and public action.     

Compounds identified in an illicit generic Xanax tablet are the result of a failed synthesis of alprazolam

Unintended compounds produced by inexperienced clandestine chemists may present a challenge in laboratories tasked with their identification. In March 2020, an anonymously submitted tablet purchased as a generic form of Xanax was analyzed by Erowid's DrugsData.org . The gas chromatography–mass spectrometry (GC–MS) results publicly released online indicated several unidentified compounds due to a lack of database references at that time. Elucidation by our group indicated the presence of several structurally related compounds that were linked to a failed synthesis of alprazolam. For this case study, a published procedure for the synthesis of alprazolam starting with the chloroacetylation of 2-amino-5-chlorobenzophenone was identified as a potential source of this failure. The procedure was reproduced to identify pitfalls of the methodology and examine its possible link to the illicit tablet. Reaction outcomes were analyzed via GC–MS and compared to the tablet submission data. The major compound in this submission, N-(2-benzoyl-4-chlorophenyl)-2-chloroacetamide, along with several related byproducts were successfully reproduced indicating that the tablet contents potentially stem from a failure to synthesize alprazolam.     

Medical examiner response to the drug overdose epidemic in King County Washington: “Real-time” surveillance,data science,and applied forensic epidemiology

As the overdose epidemic overwhelmed medicolegal death investigation offices and toxicology laboratories, the King County Medical Examiner's Office responded with “real-time” fatal overdose surveillance to expedite death certification and information dissemination through assembling a team including a dedicated medicolegal death investigator, an information coordinator, and student interns. In-house testing of blood, urine, and drug evidence from scenes was performed using equipment and supplies purchased for surveillance. Collaboration with state laboratories allowed validation. Applied forensic epidemiology accelerated data dissemination. From 2010 to 2022, the epidemic claimed 5815 lives in King County; the last 4 years accounted for 47% of those deaths. After initiating the surveillance project, in-house testing was performed on blood from 2836 decedents, urine from 2807, and 4238 drug evidence items from 1775 death scenes. Time to complete death certificates decreased from weeks to months to hours to days. Overdose-specific information was distributed weekly to a network of law enforcement and public health agencies. As the surveillance project tracked the epidemic, fentanyl and methamphetamine became dominant and were associated with other indicators of social deterioration. In 2022, fentanyl was involved in 68% of 1021 overdose deaths. Homeless deaths increased sixfold; in 2022, 67% of 311 homeless deaths were due to overdose; fentanyl was involved in 49% and methamphetamine in 44%. Homicides increased 250%; in 2021, methamphetamine was positive in 35% of 149 homicides. The results are relevant to the value of rapid surveillance, its impact on standard operations, selection of cases requiring autopsy, and collaboration with other agencies in overdose prevention.     

Overview of the seized and examined pharmaceutical in the state of Minas Gerais-Brazil by the Civil Police from 2017 to 2022: A fundamental analysis of the recent impact over the drugs market

This work presents a data survey regarding the qualitative chemical analysis of drugs seized by the Police in the state of Minas Gerais between July 2017 and June 2022, including an evaluation of labeling of 265 samples of anabolic androgenic steroids (AAS) seized in 2020. The Active Pharmaceutical Ingredients (API) present in the samples were identified through chemical analysis and classified by system Anatomical Therapeutic Chemical (ATC) methods. Analysis of the labeling information for 265 samples of AAS followed the guidance of legislation RDC 71 (2009) from ANVISA. For this study 6355 seized pharmaceuticals underwent qualitative chemical analysis that corresponded to 7739 APIs successfully identified and classified. Among the components studied AAS, psychostimulants, anesthetics, and analgesics were the most commonly examined. AAS seized and tested increased by over 100% and for the majority of the samples analyzed were found to not match the labeling on the packaging. In the meantime, anti-obesity drugs presented a prominent increase of 400% from 2020/1 to 2021/2, during covid-19 quarantine. Seized pharmaceuticals and tests can support information in the planning of public health and safety policies.     

Juvenile and Family Court Judges’ Knowledge and Attitudes About Sex Trafficking of Minors: Associations with Gender,Race, and U.S. Region

Juvenile and family court judges are a professional group that have a significant amount of decision-making power in cases of sex trafficking of minors. The purpose of this project is to examine the association of juvenile and family court judges’ gender, race, and U.S. region with their attitudes and knowledge about sex trafficking of minors. Drawing from a survey of 55 juvenile and family court judges in the U.S., this study used standardized scales to measure attitudes and knowledge about child sex trafficking. Results indicate some differences by gender and geography in a sample of experienced judges across the U.S. The consistency of these findings are discussed in the context of other research and implications for targeted training.