Impairment based legislative limits for driving under the influence of non-alcohol drugs in Norway

Bloodstains at crime scenes are among the most important types of evidence for forensic investigators. They can be used for DNA-profiling for verifying the suspect's identity or for pattern analysis in order to reconstruct the crime. However, until now, using bloodstains to determine the time elapsed since the crime was committed is still not possible. From a criminalistic point of view, an accurate estimation of when the crime was committed enables to verify witnesses' statements, limits the number of suspects and assesses alibis. Despite several attempts and exploration of many technologies during a century, no method has been materialized into forensic practice. This review gives an overview of an extensive search in scientific literature of techniques that address the quest for age determination of bloodstains. We found that most techniques are complementary to each other, in short as well as long term age determination. Techniques are compared concerning their sensitivity for short and long term ageing of bloodstains and concerning their possible applicability to be used on a crime scene. In addition, experimental challenges like substrate variation, interdonor variation and environmental influences are addressed. Comparison of these techniques contributes to our knowledge of the physics and biochemistry in an ageing bloodstain. Further improvement and incorporation of environmental factors are necessary to enable age determination of bloodstains to be acceptable in court.     

AIDS prevention: legislative options

This article reviews legislative options to prevent the transmission of HIV infection. It distinguishes between pre-exposure measures designed to prevent initial exposure, and post-exposure measures aimed at preventing infected individuals from exposing others. Part I identifies education as the key component of a comprehensive prevention program, and reviews options for pre-exposure education programs designed to avoid or minimize exposure. Part II reviews post-exposure prevention measures, focusing on reporting and contact tracing provisions. Mandatory reporting by name of individuals testing HIV positive and mandatory contact tracing are opposed as counterproductive prevention measures; voluntary partner notification is supported. Part III examines various prevention efforts for settings where there may be either a real or perceived risk of transmission of HIV infection. Part IV sets out conclusions.     

Canada ordered to implement WTO ruling against "stockpiling" of generic drugs

In the last issue, we reported on a mixed World Trade Organization (WTO) ruling regarding Canada's patent laws, based on a complaint by the member states of the European Communities (joined by the United States). In March 2000, a WTO Panel accepted the provision in Canada's Patent Act that creates an "early working exception" to patent rights--in other words, that allows a third party to use a patented invention during the term of patent protection, as long as the use is for obtaining regulatory approval of an equivalent product to be sold once the patent expires. This was an important victory from the perspective of allowing earlier access to generic versions of patented drugs.     

Parallel imports: more CD than WOW?

Legal context: Intellectual property rights, particularly trade marks, haveas their primary aim the protection of the rights holder (andperhaps consumer) by allowing him and only him to sell eg, hispatented product, or his product under his trade mark. Counterfeitersand infringers are stopped in their tracks. However, intellectualproperty law has a secondary use – allowing rights holdersto stop products being marketed in Europe without their consent,even when said products are genuine. Key points: This article summarises the law on parallel importation andexhaustion of rights, focussing on two recent UK cases; thesuccessful action by the music industry for copyright infringementby CD-WOW, a leading CD retailer based in Hong Kong and thesuccessful appeal against a finding of trade mark infringementby parallel importer Mastercigars Direct, which imports Cubancigars. Practical significance: Parallel imports provide a means for entrepreneurs to exploitprice differentials between countries in Europe and countriesin the rest of the world. As such, they occur on a significantscale, generating substantial revenues. IP rights holders haveconsistently taken action against such individuals, with Sonyin particular heading to the courts on regular occasions, meetingmostly with success.     

Epistemic othering: the interplay of knowledges in legislative drafting

In this article, we use the concept of epistemic othering to describe the subjectivation of people who experience debt problems in the legislative drafting process, and argue that the evidence-based policy paradigm, together with its participatory dimension, produce a potentially harmful subject position for people who are considered vulnerable and irrational. By analysing the preparatory material of Finnish interest rate cap laws, we explore what is constructed as rational and possible in the legislative process, and how these modalities frame the use of expert knowledge. We argue that what is considered rational is constructed in terms of market logic, and what is construed as possible is heavily framed by law-as-knowledge. Together, market logic and law-as-knowledge form the preconditions for the use of expert knowledge. Ultimately, the way in which these three types of knowledge interact contributes to the epistemic othering of people who experience debt problems.     

Woman's Right to Know Act: a legislative history

This article provides a comprehensive legislative history of North Carolina's Woman's Right to Know Act of 2011. The Act requires informed consent and a mandatory twenty-four hour waiting period for abortion, thus protecting a woman's right to make an informed choice. Informed consent provisions and mandatory waiting periods give individuals making decisions the information and time necessary to make informed choices. The Act further provides that an ultrasound be performed and explained no less than four hours and no more than seventy-two hours before the abortion. The article first provides a brief overview of sources of legislative history recognized in North Carolina. It then details the history of the Woman's Right to Know Act, from the first informed consent bill introduced in 1981, to the passage of the 201l law, and to the federal court case that followed. Finally it provides specific objections that were raised against the bill and responses to each. Legislators considering similar legislation need to be aware of the opposition they inevitably will encounter when passing such a bill. The author expects that this history and the ultimate success of North Carolina will encourage other states' legislators and lawyers and give them the tools to make their case effectively.     

The study of legislative committees*

ABSTRACT

Proving that legislative committees really matter is not simple. The assembled papers aim to demonstrate fruitful paths to analysing when committees influence policy, what they can and should do, and how to detect their importance to the political process.     

Medical privacy issues in the age of AIDS: legislative options

Promises of confidentiality of HIV-related medical records and protection from discrimination based on HIV seropositivity are two of the legislative inducements state governments have offered to encourage voluntary HIV testing. Yet neither can be granted without impact on others whose interests range from those of a lover to those of an insurer. Politics as well as practicalities prevent the absolute protection of records from unauthorized disclosure and of individuals from discrimination. This article details the already enacted statutory compromises that have been made to resolve the conflicts of these competing interests and closely examines the myriad fine decisions made in reaching those legislative decisions.     

Sterilisation of the intellectually disabled: the need for legislative reform

This article examines the recent decision of the Full Court of the Family Court in Re Marion dealing with the question of sterilisation of intellectually disabled minors and in particular, the question of whether a parent or guardian can lawfully consent to a sterilisation operation upon an intellectually disabled minor or whether court approval is required before such an operation can lawfully be performed. The article goes on to critically examine legislation in force in various Australian jurisdictions concerning involuntary sterilisations and substituted consent as well as legislative reforms that have been proposed in this area.     

Kenya: succession,customary law

This article seeks to explore the idea that a health care professional who becomes aware that a patient has a genetic linked disorder should in some circumstances owe a duty to inform blood relatives of that fact, and that failure to so inform should be redressed through the law of negligence. This is a contention which has appeared in medical literature ¹ 1 Lucassen, A. (2007), Should families own genetic information? Yes, BMJ, 335(July), p. 22. and been the subject of litigation in American jurisprudence. ² 2 Pate v Threlkel (1995) 661 S0 2d (SC Florida); Safer v Puck (1996) 677 2d 1188 (SC, NJ). Given that medical researchers have identified the genetic causes of many human diseases through more sophisticated methods of DNA sequencing, and have confirmed the hereditary nature of many of these conditions, the disclosure of screening results is a serious and contentious issue. This is particularly so given the increasing importance of preventative medicine as a means of dealing with disease. ³ 3 See Seigler, M. (1982) Confidentiality in medicine – a decrepit concept, N‐Engl J Med, 307, p. 1518, where he refers to medicine expanding ‘from a narrow, disease‐based model to a model that encompasses psychological, social and economic problems’. Also note the increasing emphasis now given to the prevention of diabetes and obesity through lifestyle education. The article suggests, by reference to ethical discourse, and particularly Levinas' theory on responsibility, ⁴ 4 See Levinas, E. (1961) Totality and Infinity, trans. A. Lingus 1969 (Pittsburgh: Duquesne University Press); Levinas, E. (1974) Otherwise Than Being, or Beyond Essence, trans. A. Lingus 1981 (The Hague: Martinus Mijhoff). that health professionals do owe a duty of care to a patient's relatives, but that this duty may be discharged in ways which do not necessarily involve the disclosure of the information to those parties, and that it is only in certain, specified circumstances that a duty to disclose the information exists.