The Hermeneutics of Jurisdiction in a Public Health Emergency in Canada

This paper investigates the state of the law in Canada in regards to a public health emergency, and in particular the jurisdictional logic that might come into effect were a public health emergency to occur. Although there has yet to be a national public health emergency in Canada, threats of such crises are likely to arise in the future. It is therefore recognised as necessary to address Canada’s legal preparedness for a public health emergency and evaluate proposed reforms to the legal structure that could facilitate response. This paper contributes to this goal by identifying multiple jurisdictional factors that could inform legal interpretations in a public health emergency. It considers how the legal system and the courts are dealing with public health as a national security issue (political and collective matter) while taking into account s. 7 of the Canadian Charter (individual rights). It also looks at the power of the government defined in the Emergencies Act [1985, c. 22] and a proposed legal reform that would make it easier for the government to act unilaterally in a public health emergency. The paper draws on the legal theory of Robert Cover to analyse the hermeneutics of jurisdiction that characterise legal interpretations of public health in Canada, as well as the relationship between jurisdiction and legal violence that these hermeneutics imply. It then develops a case study of the use of medical triage in a public health emergency to explore the possibility of holding the state liable under private law for harm caused to individuals by public health decisions. The paper concludes by suggesting that the state’s public health power can be conceptualised as a form of legal violence and that the courts in Canada should adopt a jurisgenerative approach to legal interpretation in the area of public health.     

Natural DNA mixtures generated in fraternal twins in utero

Analysis of multiple genetic loci using short tandem repeats (STR) is widely used in human identity testing because the extensive polymorphism at these loci allows for a high degree of discrimination among individuals. We recently received a forensic case that included several pieces of evidence and reference blood samples. Upon initial testing, one of the suspects had a DNA profile that included three alleles at four of the nine loci tested (vWA, FGA, TH01, and D5S818). At each locus, two of the alleles appeared to be "major" alleles with a third "minor" allele present. The profile appeared to be a mixture of two people. Contamination of this first reference sample was suspected and a second, unopened blood specimen was requested from this individual. The DNA profile from this second reference specimen was identical to that of the original specimen at each locus. One of the evidence samples also displayed an identical mixed DNA profile matching that of the reference specimens mentioned above. The relative peak heights of the two "major" and one "minor" allele remained constant in all three samples. Additional background information revealed that the suspect had not received a bone marrow transplant or blood transfusion. However, it was disclosed that this individual is a fraternal (dizygotic) twin. We hypothesize that an exchange of blood cells between the fetuses occurred in utero and that the additional alleles present in these reference samples are derived from cells contributed by his twin sibling. No additional specimens from the suspect or his twin could be obtained for confirmation, and our hypothesis remains untested. Forensic scientists should be aware of this possibility when faced with a DNA profile in which extra alleles at multiple loci are detected.     

Remapping Islamic Terrorism in Algeria

Between 1988 and 2000, thousands of lives were taken in Algeria at the hands of a violence that sought justification in religion—Islam. While these events can be understood as the direct consequence of decolonization and the bloody Algerian War that lasted eight years, it is important to note that the rise of terrorist violence in Algeria has had consequences beyond its national boundaries. For instance, renowned historian Benjamin Stora has argued that the treatment of Islam in contemporary France appears to have been shaped by the long and bloody conflict that resulted in Algeria obtaining its independence. As Stora points out, “the War with Algeria continues through the struggle against Islam, which today is masked as a fight against Islamic ‘fundamentalism’—a word that is curiously borrowed from vocabulary that is specific to Christianity. The observance of a France that is rooted in the purity of a mythical identity, endlessly threatened, is what legitimizes, a priori, all violence, all measures of ‘war’ in a defense against the ‘invaders.’”     

Trade credit in China in the early 1990s

We investigate whether, in the early 1990s in China, trade credit changed gradually, from a socially problematic Triangle Debt situation to a financially sound situation to which existing theories of trade credit are applicable. Econometric modeling confirms anecdotal observations of a Triangle Debt problem in the early stage of our sample period. It is also confirmed that the problem vanished and the nature of trade credit in China moved so as to approximate that in developed or Western economies by the later stage of our sample period. Our models also show that intensified market competitiveness in the early 1990s was likely to be the factor leading to the change.     

Tensions in the Regulation of Abortion in Britain

This article discusses policy and practice in abortion provision, paying particular attention to the provision of counselling before abortion. It discusses the way the Abortion Act 1967 constructs the woman seeking abortion, the reasons for the development of a policy about abortion counselling in the 1970s, and that policy's relationship to the assumptions about women underlying the statute. The ways in which policy has developed since 1977 are considered, and how policy and practice have come to view women seeking abortion in a way that contrasts with the construction of them that emerges from the law. Thus, the article argues, given that the 1967 Act and other rules that regulate abortion provision seem to rest on contradictory assumptions, the law should be reformed in line with policy and practice.     

Tertiary Education in Security and Policing in Australia

This paper reports on the current status of police and security education in Australian universities and technical colleges. The study was undertaken in the context of calls for greater professionalisation of policing and security along with a variety of conduct scandals that have driven reform agendas for both sectors. The study found that police studies had a significant profile in universities with a wide range of courses available, but virtually no profile in technical and further education (TAFE) colleges. Conversely, protective security offerings were proportionately more prominent in the TAFE sector than in universities. Courses in information and communication technology security were more common across universities and TAFE. The research also found that, of the 39 Australian universities, 9 have research centres related generally to policing and security. These also appeared to favour policing over security. We argue that these findings should be of concern, given the fact that private and public sector security services have eclipsed police, in numbers at least, in many jurisdictions. Security should, we argue, be counted as an equal partner with police in crime prevention services. In addition, we argue that those engaged in security management should be given greater opportunities for study at the university level. Moreover, security studies should have an expanded research focus.     

Revisiting the decline in remarriage in early-modern Europe: The case of Rheims in France

There is no lack of surveys showing that from a high rate of breastfeeding in the industrializing world of the early 20th century, after World War II the incidence declined to a nadir around 1960. For instance only a third of the infants in the US were given their own mothers' milk. The suckling of the new born is clearly not a natural instinct but needs to be taught and supported. Even if quantitative data is hard to come by for earlier centuries, there still is ample evidence that many mothers followed a tradition of not breastfeeding themselves, especially in the early 18th century. The reasons for this are partly economical, centered on the mother's heavy workload in non-industrial and energy-poor societies. But there are also cultural background factors behind the use of wet-nurses and artificial nourishment, where medical, religious and sexual ideas blend into a persuasive set of motives imprinting in women that breastfeeding is undesirable. The sending of urban babies to wet-nurses in the countryside was in part motivated by the tough epidemic climate in the cities. Modern anthropological research shows how cultural and economic motives can be doubly effective by reinforcing each other. The paper hypothesizes that for Western Europe where we have the richest historical records there may have been a breastfeeding pattern with more extensive breastfeeding in the northern parts of the continent and more use of wet-nurses and artificial nourishment in the Catholic southern parts, and that this may be rooted in long-lasting cultural factors. In addition there may have a number of places (Iceland, the Fennoscandian Arctic) where women had difficulty breastfeeding consistently because of an especially heavy workload in a tough environment, and where this developed into normative behaviour.     

Fairness in Bargaining

This paper uses historical and contemporary philosophical discussions of fairness to present a structural approach to the definition of fairness. After establishing a set of standards (not a specific definition), we assess the impact of fairness in negotiations and bargaining. Our analysis concludes that truly fair behavior is absent in bargaining and negotiations. Instead, behaviors that have been called just can also be characterized as self-interested. Our review suggests that the term fairness has been used rather loosely, as a convenient label or as a more palatable alternative to self-interested explanations for an individual's choices. For reasons of both parsimony and accuracy, we recommend that the self-interest of the actors be carefully considered before calling their bargaining behavior fair.     

Recent developments in health law in Belgium

After the turbulent years 2002, 2003 and 2004 the Belgian health law seems to have reached calmer water. Indeed, after a quiet 2005, 2006 does not seem to have much to offer either. However, as will be shown in this article, this may be a wrong impression. There is a growing uneasiness with two important pieces of legislation that have been approved by Parliament in 2002: the act on euthanasia and the act on the rights of patients. This has resulted in debates and discussions that may finally lead to new legislation in the coming years.     

Death during immersion in water in childhood.

Drowning is a relatively common cause of accidental death in children. Autopsy records at the Adelaide Children's Hospital over a 27-year period from 1964 to 1990 were examined, and 58 cases were found where the cause of death was listed as drowning. In six cases, however, careful examination of the history and postmortem findings provided important additional information that suggested a more complex antemortem sequence of events. Specifically, four patients aged between 6 years, 10 months and 11 years were known to have had epilepsy. A further patient, an 8-year-old boy, died from a subarachnoid hemorrhage due to a bleeding cerebral arteriovenous malformation while swimming. The final patient, an 11-year-old boy who collapsed in a public swimming pool, was found at autopsy to have marked hypoplasia of the right coronary artery. In this series, six of 58 (10.3%) of the pediatric cases had additional underlying medical problems that could either have initiated the drowning episode or caused death due to alternate mechanisms. We present the clinicopathological findings in detail to demonstrate that a high index of suspicion must be maintained in all cases of pediatric drowning, not only for unnatural causes of death but also for additional natural disease processes that may have contributed significantly to the fatal episode. These findings may have particular relevance in jurisdictions where full postmortem examination is not always required by law.     

Occurrence of myocarditis in sudden death in children.

This study suggests that the prevalence of "silent" myocarditis may be higher in the pediatric population than is generally suspected and may contribute to a significant number of sudden and unexpected deaths in children, particularly those older than one year of age. The incidence of histologic myocarditis in children dying a violent death is similar to that reported as an incidental finding in adults.     

Participatory action research in practice: a case study in addressing domestic violence in nine cultural communities

Participatory action research (PAR) is increasingly recognized as a viable approach to developing relationships with communities and working closely with them to address complex public health problems. In the case of domestic violence research, where ensuring the safety of women participants who are battered is paramount, participatory approaches to research that include advocates and women who are battered in research design, implementation, analysis, and dissemination are critical to successful and mutually beneficial projects. This article presents a case study of a PAR project that conducted formative qualitative research on domestic violence in nine ethnic and sexual minority communities. The article describes the specific ways in which a PAR approach was operationalized and discusses in detail how community participation shaped various stages of the research. Furthermore, specific actions that resulted from the research project are reported.     

2008年上半年香港大事记

2008年上半年．可说香港走过一段并不平坦的路，现就政治、法律、经济、社会民生等方面作一回顾。     

Error and exaggeration in the presentation of the significance of a DNA match in criminal trials in Malaysia

DNA evidence is now widely used in criminal trials across jurisdictions, including Malaysia. One important issue to be considered is how the significance of a DNA match that uses statistical calculations should be presented and explained in a criminal trial. This article demonstrates how the presentation of the significance of a DNA match in criminal trials in Malaysia has been tainted with error, exaggeration and bias towards the prosecution case based on the reference to case law. It also provides recommendations in order to ensure that the significance of a DNA match is properly presented in the criminal trials in Malaysia.     

Policing terrorism in India

Policing terrorism in India is fraught with difficulty. India is a large, heterogeneous democracy that is surrounded by countries experiencing their own intense problems with terrorism. The legal structure, inherited from the colonial past, is struggling to cope with the demands placed upon it by a country of 1.1 billion. India is a federation and this also complicates the structures needed for counter-terrorism. Despite the democratic framework, policing in India is largely an inheritance from the non-democratic colonial past—a past that paid scant regard to the doctrine of separation of powers. Given these problems, India’s performance in policing terrorism has been mixed. We should not look for any early resolution of the problem of terrorism, either through preventive investigation or political amelioration of the issues that contribute to terrorism. But for all of that, India has done well to adhere to its basic democratic norms in the face of what is, by Western standards, a major terrorism problem.     

Consent in escrow

Disasters such as flash flooding, mass shootings, and train and airplane accidents involving large numbers of victims produce significant opportunity for research in the biosciences. This opportunity exists in the extreme tails of life events, however, during which decisions about life and death, valuing and foregoing, speed and patience, trust and distrust, are tested simultaneously and abundantly. The press and urgency of these scenarios may also challenge the ability of researchers to comprehensively deliver information about the purposes of a study, risks, benefits, and alternatives. Under these circumstances, we argue that acquiring consent for the immediate use of data that are not time sensitive represents a gap in the protection of human study participants. In response, we offer a two-tiered model of consent that allows for data collected in real-time to be held in escrow until the acute post-disaster window has closed. Such a model not only respects the fundamental tenet of consent in research, but also enables such research to take place in an ethically defensible manner.     

Investment in innovation

This paper reviews briefly the importance of the U.S.investment in innovation. It then reiterates some of the statistics that support a growing concern related to the declining growth rate of innovation. The importance of business investment in the innovation process is identified as a key element in economic progress. Several charts and graphs are used to illustrate this point. Factors that influence investment are discussed. Finally specific recommendations are made that should be considered by both the public and private sectors.     

The Journalist in the Courtroom

"Proceedings in all courts shall be open to the public." Such is the content of Article 157 of the Constitution of the USSR. The principle that judicial proceedings are to be open to the public—a principle that is contained in the nation's highest legislative act—is of enormous practical significance. The fact that judicial proceedings are open to the public is a guarantee that procedural norms are scrupulously observed in the process of examining the materials of a case, thereby substantially reducing the probability of judicial error. It goes without saying that the further improvement of social oversight over the work of law enforcement agencies is a necessary condition to the democratization of public life. What is more, the openness of judicial proceedings to public scrutiny is a powerful means for the legal education of citizens and of forming a truly socialist legal conscience.     

Linguistic Objectivity in Norm Sentences: Alternatives in Literal Meaning

Assuming that legal science, specifically with regard to interpretation, has to provide the tools to reduce the uncertainty of legal solutions arising from the use of natural languages by legal orders, it becomes a central matter to identify, in this limited domain, the spectrum of semantic variation (and its boundaries) that language brings to the definition of a norm expressed by a norm sentence. It is in this framework that the present paper, analyzing norm sentences as a specific kind of speech act, examines the relation of the legal order to natural language rules, the limits of linguistic uncertainty, and alternatives of meaning as distinct possibilities of norms covered by the text (that are, because of this, still within what literal meaning is). Considering interpretation just as the linguistic decoding process, the reverse of the process of creating norm sentences, the paper also argues that subjects not connected with the relation between norm sentences and norms (mainly, normative defeasibility) are analytically distinct and should be removed from the field of language.     

Victims of crime in the criminal justice system in Barbados

The study focused on the treatment of victims in the criminal justice system in Barbados, a developing country in the English speaking Caribbean. Based on the administration of a pre-designed questionnaire to 458 respondents from a simple random sample of victims who made reports to the police in Barbados. It focused on victims' experiences with the police in the law enforcement process, their experiences in the courts in the adjudication process, and factors associated with these. The findings were mixed, but showed that the respondents' experiences in the law enforcement and the adjudication process were generally positive. Regression analysis showed that police seriousness about, and interest in the case were statistically significant predictors of victims' satisfaction with the police, and that these together with police politeness, and response time explained 67 percent of the variance in respondents satisfaction with the police.