THE MARRIAGE LAW OF THE PEOPLE'S REPUBLIC OF CHINA

This article describes the Chinese laws of marriage and divorce under the People's Republic of China and traces their historical antecedents. The actual laws are included at the end of the article in the appendixes. Fascinating changes are occurring in China and are documented in this article.     

Concordance Between the AmpFℓSTR® MiniFiler™ and AmpFℓSTR® Identifiler® PCR Amplification Kits in the Kuwaiti Population

Abstract:  The AmpFℓSTR^® MiniFiler™ polymerase chain reaction amplification kit, developed and supplied by Applied Biosystems, complements the AmpFℓSTR^® Identifiler^® polymerase chain reaction amplification kit (Applied Biosystems, Warrington, U.K.) by improving the success rate when profiling DNA that is degraded or contains inhibitors. Before applying the MiniFiler™ kit to casework, the profiles from 200 unrelated Kuwaitis were compared to Identifiler^® profiles. Concordance was observed for 99.875% (1598 of 1600) of the compared STR loci. The two discordant profiles displayed allelic dropout: one at the D13S317 locus due to nonamplification of allele 10 in the MiniFiler™ profile, and one at the D18S51 locus due to nonamplification of allele 18 in the Identifiler^® profile.     

ESCALATION AND DESISTANCE OF WIFE ASSAULT IN MARRIAGE*

This article examines two widely held beliefs concerning the nature of “careers” of wife assault. Most researchers and members of the public believe that assaultive behavior in marriage, once begun, tends to continue for the life of the marriage. It is also commonly believed that minor violence (e.g., slapping, shoving, throwing things at a spouse) is unrelated to severe assaults (e.g., punching, kicking, using a weapon). These beliefs are based on the most severe cases of wife battering, as described by the media and by women in shelters. Despite these beliefs, we suggest that wife assault is similar to other forms of deviance and crime, in that desistance is common and engaging in minor forms of deviance is a risk factor for engaging in major forms of deviance and crime. The article reports a study using data on a sample of 380 married respondents who reported some violence in their marriage in 1985 and were reinterviewed in 1986. The findings indicate that most marital violence is transient, but even minor violence by a wife poses a risk of escalation to more dangerous assaults by a husband. Theoretical and practical implications of the findings are discussed.     

A Multi-Drug Intoxication Fatality Involving Xyrem® (GHB)

Abstract:  Gamma-hydroxybutyrate (GHB) is best known as a recreational depressant drug, whose use has also been implicated in drug facilitated sexual assault cases. It is also available as a therapeutic agent (Xyrem^®) used for the treatment of daytime sleepiness or cataplexy associated with narcolepsy. This is a report of a case of a 53-year-old woman undergoing treatment with Xyrem^® for narcolepsy. The decedent was also prescribed tramadol, gabapentin, cetirizine, modafinil, carisoprodol, and Xyrem^®. Toxicological analysis of the blood revealed GHB 165.6 mg/L, and 90.7 mg/L in the urine. Blood GHB concentrations in the range 156–260 mg/L have been reported to induce moderately sound sleep. The combined use of central nervous system depressant drugs, together with her problematic sleep apnea, and snoring (both contraindications for GHB use) were determined to have caused this subject's death. The manner of death was determined to be accidental.     

The Use of Hemastix® and the Subsequent Lack of DNA Recovery Using the Promega DNA IQTM System

Abstract:  Following implementation of our automated process incorporating the Promega DNA IQ^TM system as a DNA extraction method, a large number of blood-containing exhibits failed to produce DNA. These exhibits had been tested with the Hemastix^® reagent strip, commonly used by police investigators and forensic laboratories as a screening test for blood. Some exhibits were even tainted green following transfer of the presumptive test reagents onto the samples. A series of experiments were carried out to examine the effect of the Hemastix^® chemistries on the DNA IQ^TM system. Our results indicate that one or more chemicals imbedded in the Hemastix^® reagent strip severely reduce the ability to recover DNA from any suspected stain using the DNA IQ^TM magnetic bead technology. The 3,3',5,5'-tetramethylbenzidine (TMB) used as the reporting dye appears to interact with the magnetic beads to prevent DNA recovery. Hydrogen peroxide does not seem to be involved. The Hemastix^® chemistries do not interfere in any way with DNA extraction performed using phenol-chloroform. The incompatibility of the Hemastix^® chemistries on the DNA IQ^TM system forced us to adopt an indirect approach using filter paper to carry out the presumptive test.     

THE EVOLUTION—OR END—OF MARRIAGE?: REFLECTIONS ON THE IMPASSE OVER SAME‐SEX MARRIAGE

The debate over legalizing same‐sex marriage implicates the question of whether doing so would signal the end—or destruction—of the institution of marriage. The appeal to preserving a millennia‐old tradition of marriage against change fails to reckon with the evolution that has already occurred. Invocations of gender complementarity between parents as essential to child well‐being also conflict with growing recognition in family law that children's best interests can be served by gay and lesbian parents. Canada's path toward same‐sex marriage suggests that impasse need not be inevitable. In the United States, this impasse stems in part from the problem that same‐sex marriage serves as an emblem of everything that threatens marriage.     

THE “END” OF MARRIAGE*

This article addresses four different meanings of the “end” of marriage. It rejects the broad interpretive assertion that Lawrence v. Texas and Goodridge v. Department of Public Health signal the destruction of the institution of marriage, though both are criticized for politicization and feeble legal analysis. Those decisions have provoked a backlash that may contribute to a rediscovery of and re‐valuation of the importance of the institution of (conjugal) marriage, as passage of state marriage amendments suggests. If Goodridge and Lawrence show that genderless unions are the ultimate form of marriage, they would lead to the end of democratic society as well as of the institution of marriage. The fragmentation of marriage by reduction to functional relationships is myopic. While current developments may make it harder for the institution of marriage to thrive, the institution of marriage is “here to stay.”