共查询到20条相似文献,搜索用时 15 毫秒
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Grodsky JA 《Stanford law review》2007,59(6):1671-1734
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. 相似文献
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Rich WJ 《Washburn law journal》2003,42(3):615-621
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Northern KS 《University of Illinois law review》1998,1998(2):489-546
Roe v. Wade's twenty-fifth anniversary is likely to herald widespread scholarly commentary on the decision's continued vitality and the future of abortion in the United States. However, if such commentary focuses solely upon the constitutional dimensions and political aspects of a woman's right to privacy, an important dimension of this right will be overlooked. Few commentators have considered the extent to which tort law safeguards a woman's interest in reproductive autonomy. In this article, Professor Northern argues that the interest in reproductive autonomy has not yet received the full protection to which it is entitled and that tort law is poised to evolve distinct causes of action for the interference with procreative autonomy interests. Professor Northern begins with an overview of the medical and psychological literature on abortion-related risks. She goes on to discuss current trends in abortion malpractice litigation. The author then reviews the three basic types of malpractice causes of action--battery, negligence, and lack of informed consent--and explores their application to abortion malpractice claims. The focus of the article then shifts to the development of specialized procreative torts, and Professor Northern contends that courts should go beyond previous decisions to redress any substantial interference with procreative autonomy. Finally, the author asserts that legislative alternatives to the common-law development of procreative torts, such as right-to-know statutes, are less protective of women's interests. Professor Northern concludes that tort law could and should be used to more fully protect women's interests in procreative autonomy. 相似文献
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Priaulx N 《European journal of health law》2005,12(3):213-243
Illustrating the limitations of the notion that caring for a disabled child is harmful and sufficiently distinctive from the (judicially viewed harmless) experience of caring for non-disabled children, this article takes issue with the differential outcomes of the reproductive torts where success pivots upon the presence or absence of disability. Since caring for any child must be seen as bringing about a significant caring responsibility, if there is a difference in the burden that results, this will be a matter of extent, not kind. Also taking a critical view of the House of Lords recent determination of Rees v Darlington Memorial Hospital, this article notes that nor can a "common approach" to all claims of wrongful conception and birth offer an equitable alternative. Ignoring context and treating all reproductive outcomes equally for the purposes of compensation is certain to result in manifest unfairness. The thrust of the argument is that it is essential that the law embrace a more contemporary and contextual approach, based on the value of reproductive autonomy. 相似文献
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The aims of this study were to verify if frontal sinuses can uniquely identify individuals belonging to family groups using Cameriere methods and to test if kinship can affect the proportion of erroneous identifications. For this purpose, we compared the proportion of false-positive identifications in a sample of 99 individuals within 20 families with a control sample of 98 other individuals without kinship. The results show that the combined use of SOR and the Yoshino code number allows personal identification with a small probability of false positives (p < 10(-6)), even when kinship is taken into account. The present research confirms the importance of studying anthropological frameworks for identification, which leads to reliable methods and allows for both quick and economic procedures. 相似文献
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Jeffrey J. Haugaard 《Law and human behavior》1993,17(6):645-659
This article reports on an investigation of children's definitions of the truth that can pertain to their ability to provide accurate information during an, investigation or trial: whether corroborating an inaccurate statement made by a parent is lying or telling the truth. Subjects were 133 preschool through third-grade children who were shown a videotape in which either a boy makes a false statement to a neighbor about the neighbor's daughter hitting him and his mother listens passively or a mother makes a similar false statement and the boy corroborates it. None of the children classified the corroboration as the truth. Only a small percent of the preschool and kindergarten children classified the boy's or mother's initial false statement as the truth; all of the older children classified these statements as a lie. About 20% of the children recalled incorrectly that the neighbor's daughter hit the boy.This project was supported with funds from the College Research Grant Fund of the College of Human Ecology, Cornell University. Great appreciation goes to several schools, including Groton Elementary (Joseph Amore, Principal), Montessori School of Ithaca (Carol Hill, Co-Administrator), Ithaca Community Child Care Center (Gloria Landis, Teacher), and Pinwheels Day Care Center (Kendra Maturo, Administrator). Virginia Alhusen, Ph. D., managed data collection and analysis for the project superbly. 相似文献
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Tetramethylene disulfotetramine (tetramine) is a rodenticide that has been banned for many years in China. Since 2005, inhabitants of a village in the Henan Province have been suffering from grand mal seizures. To investigate the possibility of tetramine as the cause, we developed a method to determine tetramine in human hair. Sample preparation involved external decontamination, frozen pulverization, and ultrasonication in 2 mL ethyl acetate in the presence of cocaine-d3 as an internal standard. The method exhibited good linearity; calibration curve was linear over a range of 0.1-20 ng/mg hair. The limit of detection for the assay was 0.05 ng/mg hair. Except for one subject (No. 4), all head and pubic hair samples were positive for tetramine. The concentrations of tetramine in pubic hair were significantly higher than those in the same subjects' head hair samples. Because of a long retention in body, segmental head hair analysis cannot provide an accurate exposure history of tetramine in the body. 相似文献
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Laurence Armand French Ph.D.'s BCFE BCFM Thomas J. Young Ph.D. 《Journal of Police and Criminal Psychology》1996,11(2):38-41
Early trauma, especially alleged recollected sexual or ritualistic abuse, has dominated both the clinical and legal systems
recently. The clinical/legal challenge is to discern between true abuse and false memories. Modern medical technology has
provided new insights into the operation of the brain along with the central and peripheral nervous systems and their relationship
to the endocrine system. We now have a better understanding of how our system processes trauma and severe anxiety. An understanding
of trauma recollection and client's susceptibility to causal suggestions from the neuropsychological perspective is crucial
when these types of abuses are alleged. 相似文献
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Isotope ratio mass spectrometry as a tool for forensic investigation (examples from recent studies).
James F Carter Richard Sleeman Jenny C Hill Fay Idoine Emma L Titterton 《Science & justice》2005,45(3):141-149
The versatility of isotope ratio mass spectrometry is demonstrated by reference to diverse case studies. Variations in the natural isotopic composition of non-biological, organic materials are compared as a means by which samples may be associated or discriminated. These techniques may be used to augment or compliment conventional forensic methodologies. delta13C analysis was used to demonstrate that different masking tape had been recovered in two, apparently similar cases, involving the smuggling of money. Visually similar ecstasy tablets were compared by consideration of the delta13C and delta15N composition of MDMA extracted from the tablets. Although only a limited number of tablets were analysed, the isotopic similarity between two different seizures was sufficient to induce a guilty plea from a person suspected of possessing both. A combination of delta2H, delta13C, delta15N and delta18O together with GC-MS analyses were applied to small samples of seized heroin. Although GC-MS analysis indicated differences between the chemical composition of two of the heroin samples, isotopic analysis suggested similarities, which were confirmed by further delta2H, delta13C and delta18O isotopic analysis of the clingfilm in which the samples were wrapped. 相似文献
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We report a case which was processed by the Philadelphia Office of the Medical Examiner in which a person with a previous known suicide attempt clearly provoked the Philadelphia police into shooting him. We believe that this is but one of many such incidents in which the victim provokes another into administering fatal injury. This is a mechanism of suicide which, we believe, is exemplified by the case presented. 相似文献
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