Genomics and toxic torts: dismantling the risk-injury divide

Emerging genetic and molecular technologies are revolutionizing our understanding of the relationship between genes and the environment. This Article develops an innovative framework for understanding the implications of the genomic revolution for the law of toxic torts. Professor Grodsky demonstrates how new technologies are poised to challenge longstanding distinctions between legally inconsequential "risk" and remediable "injury," and how the U.S. legal system will need to adapt to this emerging reality. If the law remains wedded to conventional notions of injury, it will ignore the fruits of a scientific revolution and thus may forego new remedial opportunities as yet unimagined. This is particularly significant given that twenty-first century medicine strives to "go beyond the limitations of biology" and detect, prevent, and treat disease at the molecular level. The transformative and rapidly evolving technologies of the genomic era will present herculean challenges for the legal system. But opportunities to fashion new remedies and create new efficiencies must not be overlooked in the process. Professor Grodsky recommends legal approaches to balance the goals of deterrence and legal restraint in an age of accelerating scientific change.     

Fight or flight: Integral emotions and violent intentions

The effect of proximate emotions on risk perceptions is of central importance to criminal decision‐making theory, but has been understudied. We investigate the role of two integral (situational specific) emotional responses, anger and fear, in a decision‐making context regarding the choice to commit assault. We draw on dual‐process models of information processing and appraisal theory to propose a theoretical model in which integral emotions influence decisions and behavior. Using data from an experiment embedded in a survey to a nationwide sample of adults (N = 804), we test the interrelated roles of anger, fear, and traditional rational choice considerations on the intention to commit assault. We find a strong direct association between emotions and intentions to commit assault. Additionally, anger and fear moderate the effect of cognitive deliberations on behavioral intentions and provide a lens through which to evaluate a criminogenic opportunity.     

Having a Bad Month: General Versus Specific Effects of Stress on Crime

We examine whether particular types of stress are related to particular types of crime or whether all types of stress are related to all types of crime. Our estimates are based on analyses of within-individual change over a 36 month period among recently incarcerated offenders. We find that assault is most strongly related to family stress, suggesting that conflicts between family members lead to assault. Economic crimes (property crimes and selling illicit drugs) are most clearly related to financial stress, suggesting that these crimes often reflect attempts to resolve financial problems. On the other hand, crime is generally unrelated to stress from illness/injury, death, and work. The results support the idea that criminal behavior is a focused response to specific types of problems rather than a general response to stress. They are more consistent with explanations that focus on perceived rewards and costs (e.g., the rational-choice approach) than with explanations that portray negative affect as a generalized impetus toward violence or crime (e.g., frustration aggression approaches).     

良宪治国:依法治国的核心

作者认为“依法治国,建设社会主义法治国家”是中国法制建设史上的伟大创举。而依法治国的核心就是依宪治国,良性宪法则是依宪治国的基础。行文中作者提出了衡定良性宪法的标准：价值中立、权力制约、结构合理、程序正当。最后作者根据良性宪法的上述标准,具体讨论了中国宪法良性化的途径和方式,     

Retributivism: The Right and the Good

Victor Tadros claims that punishment must be justified either instrumentally or on the grounds that deserved punishment is intrinisically good. However, if we have deontic reasons to punish wrongdoers then these reasons could justify punishment non-instrumentally. Morever, even if the punishment of wrongdoers is intrinsically good this fact cannot contribute to the justication of punishment because goodness is not a reason-giving property. It follows that retributivism is both true and important only if we have deontic reasons to punish. Tadros also claims that the constitutive aim of punishment is to inflict harm or suffering on offenders. On the contrary, the constitutive aim of retributive punishment is to inflict (justified) wrongs on offenders that are proportionate to the (unjustified) wrongs they commit. Indeed, punishment should involve the least harmful wrong that is proportionate to the wrongfulness of the offense, adequate to facilitate recognition, and (perhaps) conducive to deterrence.     

Succession problems arising from artificial insemination, surrogate motherhood and test tube babies: a proposed solution

Recent advances in medical technology have created possible conflicts with estate succession. Three specific medical advances that confuse succession statutes are artificial insemination, surrogate motherhood, and “test tube babies.” These medical break-throughs have raised a burning question in the area of intestate succession: From whom will the child inherit, the natural parent,¹ the artificial parent (donor),² or both? This article will: 1) define the medical advances causing confusion in interpreting succession statutes; 2) discuss the current law of succession as it applies to each medical advance; and 3) propose a model statute to avoid the succession problems which currently exist.     

Kelly v. Gwinnell: social host liability--how great a burden?

In 1984, the New Jersey Supreme Court became the first high court to impose liability successfully upon social hosts for the torts of their intoxicated adult guests. The wisdom or folly of that decision, and its social ramifications, have become subjects of widespread discussion. This Case Comment argues that social host liability, in its present form, is an unwise extension of common law principles. Through an examination of the elements of the cause of action proposed, the standards of proof employed, and the public policies weighed by the court, this Comment concludes that social host liability is ill-adapted to furthering the court's stated goal of reducing drunken driving.     

Quality of health care and the role of relationships: bridging the medico-legal divide

This Article focuses on an often overlooked barrier to efforts to enhance the quality of health care: the relationship crisis that currently exists between physicians and patients. This state of affairs has resulted from the divide between the medical and legal worlds. The medical arena has understandably tended to view the doctor-patient relationship as a purely medical issue, ignoring the law's impact in generating and sustaining problematic relationship patterns. The legal world has yet to fully recognize this state of affairs, and the law's role in its evolution and persistence. We offer a relational approach to health-care law as a means of bridging the divide between the two disciplines. In the malpractice context, this would entail adopting a no-fault compensation scheme, which is committed to strengthening collaborative doctor-patient relations, enhancing patient safety and systemic learning, while providing adequate compensation.     

Ax and Am antigens: possible diagnostic reagents to them

Antigens of the discussed groups are difficult to diagnose; they have some features of group O and can cause expertise errors. Elucidated in the paper are issues related with determination of such antigens, in particular, by means of phytohemagglutinins of anti-(A+B).     

Making a Good Impression: Resource Allocation,Home Styles,and Washington Work

Members of Congress engage in a variety of representational activities, but existing research suggests that the effect of these activities on reelection margins is mixed. Reframing the question, we examined whether or not constituents notice the home styles of members and members' efforts to communicate their activities through the allocation of official resources. Combining new data on members' office expenditures with data from the American National Election Studies, we found evidence that constituents perceive the representational activities of their members in a meaningful fashion. Franking, office expenditures, and travel back home to the district provide positive benefits to incumbents, shaping how constituents view these members and their activities.     

“检察机关的性质”:理论观点与初步反思

立足宪法原理和我国宪政制度正确解读＂法律监督＂的内涵是准确回答＂检察机关的性质＂问题的核心。＂法律监督＂包含检察机关的政治使命、法律监督职能及职能的实现三个层面的内涵。