Addiction and Responsibility – Part II

Law and Philosophy -     

“Blood,Bucks and Bias”: Reliability and biasability of crime scene investigators’ selection and prioritization of blood traces

When crime scene investigators (CSIs) encounter crime scenes with large volumes of blood, some selection and prioritization is often needed, and this will impact on what blood is and is not available for forensic analysis. What factors influence CSIs decision making process is largely unknown. This study examines the effects of awareness of limited resources and irrelevant contextual case information indicating either a homicide or a suicide on CSIs collection of blood traces. To this end, two scenario-based experiments with CSIs and novices were conducted. Overall, the results suggest that even when CSIs decisions are made under identical conditions, their trace selection varies both when it comes to numbers and locations. Furthermore, awareness of limited resources made CSIs collect fewer traces and their selections also varied following the contextual case information, showing similarities and differences with novices. Since blood traces can be used to establish both activity and identity the findings can have important implications for the subsequent investigation as well as trial.     

Motor Vehicle Collisions and Their Consequences—Part II: Predictors of Impairment and Disability

A significant number of persons involved in motor vehicle collisions (MVCs) evidence persistent changes in physical, psychosocial, and cognitive functioning consequent to physical injury. While post-injury impairment and disability can sometimes be predicted with knowledge of injury type and injury severity, post-injury experiences of pain, psychological distress, cognitive dysfunction, and role disruption have been determined to contribute to injury-related impairment and disability. This article represents the second part of a two-part review of MVCs and their consequences. In part I of the review, research findings related to physical, psychosocial, and cognitive changes that occur consequent to injury-causing MVCs are described. In this article, measures used to document the severity of physical injuries are reviewed, along with the most widely accepted definitions of impairment and disability. Models that have been proposed to explain the progression from injury to impairment and disability are reviewed, including a more recently proposed model created specifically to guide the assessment and management of MVC-related outcomes. The greater part of this article is devoted to the review of findings related to physical, psychological, and cognitive predictors of post-MVC impairment and disability. The relation of these predictors to post-MVC impairment and disability is described across three specific injury contexts: (1) whiplash-associated disorders, (2) traumatic brain injury, and (3) polytrauma. In each context, findings related to recovery of function in the form of return to work are summarized, along with findings related to the contribution of compensation to injury-related symptoms and impairments. Although not characterized as a physical injury, chronic pain serves frequently as the post-injury symptom that persists beyond all injury management and rehabilitation efforts and that contributes significantly to MVC-related functional impairment, disability, and emotional distress. It is appropriate, therefore, to include in this review a discussion of those MVC studies that specifically address impairment and disability occurring in relation to chronic pain. The article ends with the identification of ongoing research challenges and future directions for both the study of MVCs and their associated sequelae and clinical practice with persons who are experiencing the consequences of MVC-related injuries.     

How Chinese e-public feel and think about corruption: A case study of Audit Storm (Shenji fengbao – 审计风暴 – Part II)

Corruption is pervasive, rampant, enduring, and above all else a tolerated and taken for granted social problem in China. Still, corruption is a major concern for the political leaders, general public and foreign observers. Foreigners complained about the corruption cost of doing business in China. Students took to the street and peasants staged violent protest against government corruption. The consensus is that corruption challenges CPC's legitimacy and threatens China's stability.A systematic review of the literature uncovers no investigation on the Chinese people's reception and reaction to the corruption, on the internet. This is a first attempt to do so.This is a research into the “feelings” and “thinking” of Chinese internet users (e-public) on (anti)corruption in China. Specially, it tries to document and analyze the comments–reaction of the e-public to news articles on various aspects of “Audit Storm” in June–July 2004.     

The Heat is On: Thermal Sensing and Newsgathering – A Look at the Legal Implications of Modern Newsgathering

Thermal imaging technology, which was once used primarily by the military, has made its way into the civilian world. Journalists have begun making use of the technology, and, as that use becomes more prevalent, concerns about legal issues also arise. This article, relying on tort privacy cases, Fourth Amendment case law, and theoretical conceptualizations of privacy, provides an in-depth examination of the legal implications surrounding the use of thermal imaging devices for newsgathering.     

Validation studies in forensic odontology – Part 1: Accuracy of radiographic matching

As part of a series of studies aimed at validating techniques in forensic odontology, this study aimed to validate the accuracy of ante-mortem (AM)/postmortem (PM) radiographic matching by dentists and forensic odontologists. This study used a web-based interface with 50 pairs of AM and PM radiographs from real casework, at varying degrees of difficulty. Participants were shown both radiographs as a pair and initially asked to decide if they represented the same individual using a yes/no binary choice forced-decision. Participants were asked to assess their level of confidence in their decision, and to make a conclusion using one of the ABFO (American Board of Forensic Odontology), INTERPOL (International Criminal Police Organisation) and DVISys? (DVI System International, Plass Data Software) identification scale degrees. The mean false-positive rate using the binary choice scale was 12%. Overall accuracy was 89% using this model, however, 13% of participants scored below 80%. Only 25% of participants accurately answered yes or no > 90% of the time, with no individual making the correct yes/no decision for all 50 pairs of radiographs. Non-odontologists (lay participants) scored poorly, with a mean accuracy of only 60%. Use of the graded ABFO, DVISYS and INTERPOL scales resulted in general improvements in performance, with the false-positive and false-negative rates falling to approximately 2% overall. Inter-examiner agreement in assigning scale degrees was good (ICC = 0.64), however there was little correlation between confidence and both accuracy or agreement among practitioners. These results suggest that use of a non-binary scale is supported over a match/non-match call as it reduces the frequency of false positives and negatives. The use of the terms “possible” and “insufficient information” in the same scale appears to create confusion, reducing inter-examiner agreement. The lack of agreement between higher-performing and lower-performing groups suggests that there is an inconsistency in the cognitive processes used to determine similarity between radiographs.     

Part Title – THE ITALIAN DEBATE ON FUNDAMENTAL RIGHTS PART II OF SPECIAL ISSUE 14:1

Editorial Introduction

Part Title – THE ITALIAN DEBATE ON FUNDAMENTAL RIGHTS PART II OF SPECIAL ISSUE 14:1     

The kinetics of colour change in textiles and fibres treated with detergent solutions: Part II — Spectrophotometric measurements

The aim of this study was to assess colour variations that occur in several types of textiles and their constituent fibres, resulting from the long-term influence of various laundry detergents. A 14-day experiment was conducted using blue, red and grey/black cotton, wool, acrylic and polyester textiles. The spectrophotometric measurement of colour changes in fabric samples and test solutions, as well as the microspectrophotometric analysis of colour changes in single fibres were described. An evaluation of the observed colour changes from a forensic fibre analysis expert's point of view, as well as that of an average user/consumer of the textiles and laundry detergents is also provided.     

Development of stem cells from umbilical cord blood and blood banking: "non-controversial" and "free of political and ethical debate"?

Opponents of human embryo research have understandably welcomed pluripotent stem cells being derived from body cells including cells from umbilical cords after childbirth. The cord would otherwise be discarded and embryos are not destroyed. However, there are other ethical, legal and political issues in cord blood collection, whether for the child's future use, or a public blood bank. Information and consent procedures may be misleading. Some parents have false hopes about potential outcomes. The right of access to stored blood and other benefits is sometimes uncertain for children and their families. Private stem cell repositories may compete with public ones. People may want to impose conditions on donation. Quality control may be an issue.     

Chemical enhancement of footwear impressions in blood on fabric — Part 3: Amino acid staining

Enhancement of footwear impressions, using ninhydrin or ninhydrin analogues is not considered common practice and such techniques are generally used to target amino acids present in fingermarks where the reaction gives rise to colour and possibly fluorescence. Ninhydrin and two of its analogues were used for the enhancement of footwear impressions in blood on various types, colours and porosities of fabric. Test footwear impressions on fabric were prepared using a specifically built rig to minimise the variability between each impression. Ninhydrin enhancement of footwear impressions in blood on light coloured fabric yielded good enhancement results, however the contrast was weak or non-existent on dark coloured fabrics. Other ninhydrin analogues which have the advantage of fluorescence failed to enhance the impressions in blood on all fabrics. The sequential treatment of impressions in blood on fabric with other blood enhancing reagents (e.g. protein stains and heme reagents) was also investigated.     

Banking in the cloud: Part 3 – contractual issues

This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 of this paper explored the extent to which banks operating in the EU, including global banks, use public cloud computing services. Part 2 of this paper covered the main legal and regulatory issues that may affect banks' use of cloud services.Part 3 looks at the key contractual issues that arise in negotiations between banks and cloud service providers, including data protection requirements, complexities caused by the layering of cloud services, termination, service changes, and liability. It also presents the overall conclusion derived from the studies conducted, as set out in the three parts of the paper.All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649?sdc=2. The full list of sources is available via the same link and will be printed at the end of this part of the article.     

Banking in the cloud: Part 1 – banks' use of cloud services

This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 explores the extent to which banks operating in the EU, including global banks, use public cloud computing services. It describes how banks are using cloud computing and the key drivers for doing so (such as time to market), as well as real and perceived barriers (such as misconceptions about cloud and financial services regulation), including cultural and technical/commercial aspects. It summarises how banks have approached the cloud and how cloud providers have approached the banking sector.Part 2 of this paper will cover the main legal and regulatory issues that may affect banks' use of cloud services, including how the regulation of outsourcing applies to banks' use of cloud services. Part 3 will look at the key contractual issues that arise between banks and cloud service providers, including data protection requirements, termination, service changes, and liability.All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649?sdc=2. The full list of sources is available via the same link and will be printed alongside the third part of the paper.     

Banking in the cloud: Part 2 – regulation of cloud as ‘outsourcing’

This paper looks at EU banks' use of public cloud computing services. It is based primarily on anonymised interviews with banks, cloud providers, advisers, and financial services regulators. The findings are presented in three parts. Part 1 explored the extent to which banks operating in the EU, including global banks, use public cloud computing services.Part 2 of this paper covers the main legal and regulatory issues that may affect banks' use of cloud services. It sets out how EU banking regulators have approached banks' use of cloud services and considers regulators' lack of cloud computing knowledge. The paper further considers how the regulation of outsourcing applies to banks' use of cloud services, including whether cloud computing constitutes “outsourcing”. It analyses the contentious issue of contractual audit rights for regulators as well as legal and practical issues around risk assessments, security, business continuity, concentration risk, bank resolution, and banking secrecy laws.Part 3 looks at the key contractual issues that arise between banks and cloud service providers, including data protection requirements, termination, service changes, and liability.All three parts of the paper can be accessed via Computer Law and Security Review's page on ScienceDirect at: http://www.sciencedirect.com/science/journal/02673649?sdc=2. The full list of sources is available via the same link and will be printed alongside the third part of the article.     

New Labour’s communitarianism,supporting families and the ‘rationality mistake’: Part II

In Part I of this study, we argued that New Labour is keen to use legislation to promote what it sees as desirable family forms and to discourage other, less-favoured family practices. The codification of this approach in the 1998 Green Paper Supporting Families - and, in particular, the 'New Deal for Lone Parents' - was compared with recent empirical research on how people make decisions about their moral economies. We concluded that the government's approach is subject to a 'rationality mistake' - people do not make decisions in the way the government assumes and hence legislation can be inefficient or even oppressive. Here, we examine this contention further, this time focusing on chapter 4 of the Green Paper, indicatively entitled 'Strengthening marriage'. Using recent empirical research on mothers' views on marriage and cohabitation, we find further evidence of the 'rationality mistake', where the government has misunderstood the ways in which people make decisions about partnering and hence misplaces the role of family law. We conclude that supportive and flexible legislative frameworks are needed that recognize the varying ways in which people take moral economic decisions.     

The taphonomic impact of scavenger guilds in peri-urban and rural regions of central and southern Alberta. Part I – Identification of forensically relevant vertebrate scavengers

As a body decomposes in an outdoor environment, numerous taphonomic agents can act on the process of human decomposition. It is important to understand the impact of these agents as they can vary the rate of soft and hard tissue loss which may alter postmortem interval estimations. One taphonomic factor which has not been extensively investigated in many regions of the world, including Canada, are vertebrate scavengers. The current study aimed to identify scavenger guilds in the peri-urban and rural regions of two major cities in Alberta (Calgary and Edmonton) where human remains are frequently located. Vertebrate scavenger activity was recorded continuously using cellular and noncellular trail cameras. Images were analyzed to determine how the scavenging profiles (i.e., scavenger species, arrival time, and feeding behavior) impacted the loss of soft and hard tissue. We identified a range of mammalian and avian scavengers and found that coyote and black-billed magpie were the predominant scavengers recorded at the Edmonton peri-urban and rural sites, and the Calgary peri-urban sites. In contrast, when a site was within bear territory such as the Calgary rural sites, black and grizzly bears were the predominant scavengers. At all sites, the large mammalian scavengers were responsible for most soft tissue loss and subsequent hard tissue dispersal. None of the scavengers demonstrated a clear preference for open versus closed sites. This taphonomic information is important to consider when searching for human remains at these locations or in other North American regions with comparable scavenger guilds.     

Vedāntic Analogies Expressing Oneness and Multiplicity and Their Bearing on the History of the Śaiva Corpus. Part II: Vivartavāda

Journal of Indian Philosophy - This article, divided into two parts, traces and discusses two pairs of analogies invoked in Sanskrit(ic) literature to articulate the paradox of God’s oneness...     

An Empire of Light?: II: Learning and Lawmaking in Germany Today

German law is commonly assumed to be strongly influenced bylegal scholarship. This was certainly true in the past, andthis article explores whether it is still the case today. Butwhat is actually meant by ‘influence’ in the contextof law? Who exerts it on whom, and how? These questions areanalysed in the first part of the article. It is then shown,by drawing on biographical material, legislative history andcase law, how legal scholarship contributes to both the legislativeand the judicial lawmaking process in Germany—and whereit does not. Finally it is asked how the specific relationshipbetween legal academics and lawmakers in the German legal systemcan be explained and whether this model can be transferred toother systems.