A Reliable Regression‐Based Approach for Reassociating Human Skeletal Elements of the Lower Limbs from Commingled Assemblages

Accurate sorting of commingled human remains comprises a fundamental requirement for all further anthropological analyses. The lower limb bones are particularly important for reconstructing biological profiles. This study introduces a metric technique for sorting these elements using eight standard anthropological measurements and 222 adult individuals from Greece. The bones utilized were the os coxae, the femora, the tibiae and the tali. Simple regression analyses were used to develop functions for reassociating articulating bones, providing strong correlations (r = 0.74–0.95, p‐value <0.05) and high coefficients of determination (r²=0.54–0.91). Blind tests demonstrated that combining metric and morphoscopic techniques provides an excellent sorting accuracy for the hip and knee joints (ten of ten individuals), allowing for a reliable reassociation between a sex and age indicator (os coxae) and a body size indicator (femur). Overall, these results indicate the high value of metric methods in sorting commingled human remains.     

All Anchors Are Not Created Equal: The Effects of Per Diem versus Lump Sum Requests on Pain and Suffering Awards

This experiment examined whether different quantifications of the same damage award request (175,000 lump sum,175,000 lump sum, 10/hour, 240/day,240/day, 7300/month for 2 years) influenced pain and suffering awards compared to no damage award request. Jury-eligible community members (N = 180) read a simulated personal injury case in which defendant liability already had been determined. Awards were: (1) larger for the 10/hour and10/hour and 175,000 conditions than the 7300/month and control conditions and (2) more variable for the7300/month and control conditions and (2) more variable for the 10/hour condition than the $7300/month and control conditions. No differences emerged on ratings of the parties, their attorneys, or the difficulty of picking a compensation figure. We discuss the theoretical implications of our data for the anchoring and adjustment literature and the practical implications for legal professionals.     

Single Nucleotide Polymorphism Assay for Genetic Identification of Lophophora williamsii*

Lophophora is a member of the Cactaceae family, which contains two species: Lophophora williamsii and L. diffusa. Lophophora williamsii is an illegal plant containing mescaline, a hallucinogenic alkaloid. In this study, a novel method based on a single nucleotide polymorphism (SNP) assay was developed for identifying L. williamsii; this assay reliably detects SNPs within chloroplast DNA (rbcL, matK, and trnL-trnF IGS) and was validated for identifying Lophophora and L. williamsii simultaneously. The chloroplast DNA sequences from four L. williamsii and three L. diffusa plants were obtained and compared using DNA sequence data from approximately 300 other Cactaceae species available in GenBank. From this sequence data, a total of seven SNPs were determined to be suitable for identifying L. williamsii. A multiplex assay was constructed using the ABI PRISM^® SNaPshot™ Multiplex Kit (Applied Biosystems, Forster City, CA) to analyze species-specific SNPs. Using this multiplex assay, we clearly distinguished the Lophophora among 19 species in the Cactaceae family. Additionally, L. williamsii was distinguished from L. diffusa. These results suggest that the newly developed assay may help resolve crimes related to illegal distribution and use. This multiplex assay will be useful for the genetic identification of L. williamsii and can complement conventional methods of detecting mescaline.     

A Geometric Morphometric Approach to Sex Determination of the Human Adult Os Coxa

Abstract: Sex determination of the human skeleton is best assessed from the os coxa. The present study explored the possibility of using three‐dimensional landmark coordinate data collected from various landmarks located over the entire bone to determine whether there were significant sex differences local to the landmarks. Thirty‐six landmarks were digitized on 200 African American and European American male and female adult human os coxae. MANCOVA results show that sex and size have a significant effect on shape for both European Americans (Sex, F = 17.50, d.f. = 36, 63, p > F = 0.0001; Size, F = 2.56, d.f. = 36, 63, p > F = 0.0022) and African Americans (Sex, F = 21.18, d.f. = 36, 63, p > F = 0.0001; Size, F = 2.59, d.f. = 36, 63, p > F = 0.0005). The discriminant analysis shows that sexing accuracy for European Americans is 98% for both males and females, 98% for African American females, and 100% for African American males.     

Caremark Compliance for the Next Twenty‐Five Years

One of the most influential cases in corporate governance is In re Caremark International Inc. Derivative Litigation (Caremark). In 1996, Caremark imposed a novel duty on boards of directors to make a good faith attempt to implement and exercise oversight over obligations leading to liability. Breach of this minimal duty has been difficult for plaintiffs to plead and prove, and the case law is littered with dismissed Caremark lawsuits. As Caremark's reign reaches a quarter‐century, however, its duties are primed to evolve. Two cases, Marchand v. Barnhill and In re Clovis Oncology, Inc. Derivative Litigation, took the rare step of allowing Caremark claims to survive motions to dismiss. These cases signal a new understanding of Caremark obligating boards not merely to attempt oversight, but to ensure proactively that such oversight is effective. This subtle but significant change in board duties is one to which the academic literature should respond. This article first reviews the Marchand and Clovis cases and argues that these cases hold significance for the future of Caremark claims. Second, this article studies client advisories from law firms and other sources that evaluate the Clovis and Marchand cases. It finds that while these advisories offer useful tactical responses, they lack strategic advice that would benefit boards over the long term. Filling the gap, this article presents long‐term strategic advice for boards not only to meet Caremark duties but also to thrive as exemplars of good governance and ethical leadership for the next twenty‐five years.     

Z‐Transform Method for Pairwise Osteometric Pair‐matching,

A new pairwise osteometric pair‐matching approach based on the Z‐transform method is presented. In contrast to previous methods that perform a global t‐test on the summed skeletal element pair measurement distances, this approach performs t‐tests on each individual distance, facilitating the capture of measurement‐specific variation. This new approach is compared to published pairwise sorting methods using a standard reference dataset of postcranial remains maintained by the Defense POW/MIA Accounting Agency. Receiver operating characteristic curve analysis indicates significantly improved performance for the clavicle and radius over all previous methods (p < 0.01). The z‐transform method weighted by the effect size outperformed the t‐test (Byrd and Adams) and the mean t‐test (Lynch) for all elements (p < 0.01). The method performed better than the absolute value t‐test (Lynch) for five elements (p < 0.01) and performed at least as well for the remainder. To facilitate usability all methods are available at: https://github.com/spawaskar-cora/z-transform-method .     

Book Reviews

Books reviewed: Hilary Sommerland and Peter Sanderson, Gender, Choice and Commitment: Women Solicitors in England and Wales and the Struggle for Equal Status N.E.H. Hull, Roscoe Pound and Karl Llewellyn: Searching for an American Jurisprudence Tim Murphy, The Oldest Social Science? Configurations of Law and Modernity T. Jones and T. Newburn, Private Security and Public Policing R. Abrahams, Vigilant Citizens Angela Devlin, Invisible Women     

The ex turpi causa principle in Hounga and Servier

In Hounga v Allen the majority of the Supreme Court employed a test for the application of the ex turpi causa defence involving the balancing of public policy arguments for and against allowing the defence. Although this has attracted some early academic support, this note will argue it is inconsistent with authority and principle. The later decision in Servier v Apotex does not address the Hounga decision directly but strongly endorses a more conservative approach to the ex turpi causa principle. The resulting tension between these two Supreme Court decisions is likely further to destabilise the law in this area. This note advances arguments in favour of the Servier approach, summarises both decisions in terms of their consistency with authority and considers the ways in which Servier may have limited the effects of Hounga.     

An Evaluation of Differentially Spliced Genes as Markers of Sex for Forensic Entomology,,

Blow flies (Calliphoridae) are important medically and economically and are commonly used in forensics as temporal markers in death investigations. While phenotypic traits in adult flies can be sexually dimorphic, sex identification in immatures is difficult. Consequently, little is known about how sex may result in developmental disparities among sexes even though there are indications that they may be important in some instances. Since genetic mechanisms for sex are well studied in model flies and species of agricultural and medical importance, we exploit the sex-specifically spliced genes transformer (tra) and doublesex (dsx) in the sex determination pathway to optimize a sex identification assay for immatures. Using known primer sets for tra and with a novel one for dsx, we develop PCR assays for identifying sex in four forensically relevant Calliphoridae species: Lucilia sericata (Meigen), Lucilia cuprina (Wiedemann), Cochliomyia macellaria (Fabricius), and Chrysomya rufifacies (Macquart) and evaluated their performance. Band detection rates were found to range from 71 to 100%, call rates ranged from 90 to 100%, and no error was found when bands could be called. Such information is informative for purposes of testimony and in preparation for development studies. The developed assays will assist in further differentiating sexually dimorphic differences in development of the Calliphoridae and aid in more accurately estimating insect age when age predictive markers (size, development time, molecular expression) are sexually dimorphic.     

Unjust Enrichment in the ‘Fairchild Enclave’ International Energy Group Ltd v Zurich Insurance plc

In International Energy Group v Zurich Insurance, the Supreme Court considered the implications of the special rule in Fairchild v Glenhaven Funeral Services Ltd for insurers’ for employers’ liability. The question for the Court was whether, in the light of its earlier decision in Durham v BAI (Run off) Ltd, insurers could be held liable for employees’ mesothelioma claims, even if the employer was not insured throughout the period of employment. The seven Justices unanimously held that insurers’ liability was proportionate to the period of insurance. In reaching that result, the majority recognised that the insurers were entitled to ‘equitable recoupment’ from insured‐employers in respect of periods during which they were uninsured. This note critiques the recoupment right with an unjust enrichment lens.     

Monetary Costs of Gender and Ethnicity Disaggregated Group-Based Offending

Research on criminal careers has examined distinct longitudinal patterns of offending across unique trajectories of offenders and a recent study has linked the costs of criminal offending imposed by these unique trajectories, with a specific focus on chronic offenders. In this study, we use longitudinal data from the Second Philadelphia Birth Cohort Study to examine the extent to which the monetary costs of crime across distinct trajectories of crime vary across both gender and ethnicity. Results indicate that male adolescent-peaked and low and high-rate chronic offending impose substantial costs, and the average costs imposed on society by one male high-rate chronic offender is greater than 1.5 million. Although female chronic offending is rarer, these female offenders still impose greater than1.5 million. Although female chronic offending is rarer, these female offenders still impose greater than 750,000 in costs on average. African-American chronic-offending costs the most of any racial/ethnic trajectory group at greater than 1.6 million on average for each chronic offender. Hispanic chronic offending on average costs slightly more than1.6 million on average for each chronic offender. Hispanic chronic offending on average costs slightly more than 200,000, and low-rate White offending costs greater than $100,000 on average. Costs also appear to peak at different ages for males and females and for African-Americans, Hispanics, and Whites. Policy implications and study limitations are also discussed.     

中国东海法律问题

In the most range of the East China Sea, the exploiting oil and gas have been blocked for decades by conflicting claims to the boundaries and islets by China and Japan. For the sake of addressing conflicts in a comprehensive cooperation by bilateral and multilateral agreements aiming at reducing rising tensions and harvesting resources in disputed areas, it has become a key issue worthy of research. Zhou Zhonghai is a professor of international law and director of the International Law Center in China University of Political Science and Law. He was a senior visiting scholar of the Law School, University of Virginia (1991). As a legal adviser of the Chinese delegation to the third UN conference on the law of the sea, he once attended the drafting committee conference. His main works include Comments on International Law (2001), International Law of the Sea (1987), Legal Problems on International Economic Relations (1993), Peace, Justice and Law (1996), Technologic Progress and Development of the Law of the sea (1998), Law Dictionary (1998), Business Law in China, Trade, Investment and Finance (1997), On the Case of Agusto Pinochet Ugarte (1999). In addition, he has published many essays, for instance, Zhonghai Zhou’s essays on international law (2006), Jurisdiction of the International Tribunal for the Law of the Sea (2005), International law and its functions in international relations (1997), On diplomatic protection for the overseas investments (2007).     

Procedural Innovation and the Surreptitious Creation of Judicial Supremacy in the United Kingdom

In Re an Application by the Northern Ireland Human Rights Commission for Judicial Review, the Supreme Court made unfavourable comments about Northern Irish abortion legislation in a way which showed complete disregard for elements of civil procedure which are a foundation of proper adjudication within the context of respect for democracy. This was but the latest of a number of cases in which the senior judiciary has made unaccountable procedural innovations furthering judicial supremacy in defiance of the sovereignty of Parliament. In addition to Re Northern Ireland Human Rights Commission, two other of these cases, Simmons v. Castle and R (Miller and another) v. The Secretary of State for Exiting the European Union, will be discussed. These cases reveal an effort to create judicial supremacy by means which we are obliged to call surreptitious.     

Discriminating Hodgdon Pyrodex® and Triple Seven® Using Gas Chromatography–Mass Spectrometry

Abstract: Pyrodex ^® and Triple Seven ^® are black powder substitutes that often find use as fillers in improvised explosive devices, such as pipe bombs. These propellants have essentially the same overall appearance and oxidizers, but different fuels. For example, Pyrodex ^® contains sulfur, sodium benzoate, and dicyandiamide (DCDA), whereas Triple Seven ^® lacks sulfur but also contains 3‐nitrobenzoic acid. In this method, intact particles and postblast solid residues were reacted with bis(trimethylsilyl)trifluoroacetamide + 1% trimethylchlorosilane in acetonitrile for 30 min at 60°C. The resultant trimethylsilyl derivatives of the organic fuels were then analyzed by gas chromatography–mass spectrometry. Each derivative was clearly resolved from other components, and high‐quality mass spectra were obtained. In addition, characteristic fragments resulting from loss of a methyl radical from the molecular ion (m/z 163 for sulfur, m/z 171 for DCDA, m/z 179 for benzoic acid, and m/z 224 for nitrobenzoic acid) were able to be monitored.     

Assessing Psychopathic Traits and Criminal Behavior in a Young Adult Female Community Sample Using the Self‐Report Psychopathy Scale

This study assessed psychopathic traits in a nonforensic female population (N = 343). Respondents completed the Self‐Report Psychopathy Scale‐4: Short Form (SRP‐SF) and also reported on their Criminal Behavior. The results revealed relatively higher scale elevations for the Interpersonal and Lifestyle SRP‐SF facets, compared to the Affective and Antisocial facets. Also, those with a history of Criminal Behavior had significantly higher SRP‐SF facet scores on all four psychopathy domains, compared to those without such history. Consistent with a number of previous studies, the structural equation modeling results revealed good fit for the four‐factor SRP‐SF model. In addition, a super‐ordinate SRP‐SF factor, which accounted for the majority variance of all four SRP‐SF first‐order factors, also accounted for 50% of the variance in a latent Criminal Behavior factor. Taken together, findings support use of the SRP‐SF to assess psychopathic features in a moderately large sample of Belgium women.     

Thirteenth-Century Origins of Punitive or Exemplary Damages: The Statute of Westminster I (1275) and Roman Law

This article highlights the importance of the Statute of Westminster I in the history of the concept of punitive or exemplary damages in the Anglo-American legal tradition. Maitland had long ago noted that its provisions allowing for double and triple reparation had similarities to duplum and triplum remedies in Roman law. But this tentative hypothesis has not been further explored by scholars. In this article I suggest that the antecedents for the provisions on multiple reparation in Westminster I may lie in the Roman law delicts of furtum or iniuria and their links to actions in duplum and triplum, based on conceptual similarities in the substantive nature of the wrongdoing. This article explores possible avenues for direct Roman law influence as well as indirect means of transmission, namely by non-Roman law sources of concepts analogous to Roman law.     

An Assessment of the Utility of Universal and Specific Genetic Markers for Opium Poppy Identification

Abstract: The proper identification of illicit plants such as Papaver somniferum L (opium poppy) is important for law enforcement agencies. The identification of opium poppy was presently tested using 10 genetic markers that are universal for all plants or specific to a few poppy plants. The genetic distances of universal markers such as nuclear internal transcribed spacer (ITS), 18S rRNA, plastid rbcL, and trnL‐trnF intergenic spacer (IGS) of 14 species included in the Papaveraceae and Fumariaceae family were acquired by sequence comparisons. Both the ITS region and trnL‐trnF IGS showed high levels of interspecific divergence. Six Papaver genera‐specific markers were developed from coding regions involved in morphine biosynthesis. Three markers (TYDC, NCS, and BBE) produced amplicons only in opium poppy, providing a presence/absence test for opium poppy, while three additional markers (CYP80B1, SAT, and COR) were genus specific. These 10 markers might be useful for the forensic DNA analysis of opium poppy.     

Developmental Times of Chrysomya megacephala (Fabricius) (Diptera: Calliphoridae) at Constant Temperatures and Applications in Forensic Entomology

The characteristic life stages of infesting blowflies (Calliphoridae) such as Chrysomya megacephala (Fabricius) are powerful evidence for estimating the death time of a corpse, but an established reference of developmental times for local blowfly species is required. We determined the developmental rates of C. megacephala from southwest China at seven constant temperatures (16–34°C). Isomegalen and isomorphen diagrams were constructed based on the larval length and time for each developmental event (first ecdysis, second ecdysis, wandering, pupariation, and eclosion), at each temperature. A thermal summation model was constructed by estimating the developmental threshold temperature D₀ and the thermal summation constant K. The thermal summation model indicated that, for complete development from egg hatching to eclosion, D₀ = 9.07 ± 0.54°C and K = 3991.07 ± 187.26 h °C. This reference can increase the accuracy of estimations of postmortem intervals in China by predicting the growth of C. megacephala.     

Who are sea cutthroats? A typological analysis of pirates

In North America and Europe, numerous books, articles, and monographs on pirates have been published in the past three decades. Although these publications do provide readers valuable information about piratical activities around the world, few of these contain a categorization of pirates. The purpose of this paper is to develop a typology for historical and modern pirates. This taxonomy is composed of three factors: position of state managers, ideology, and continuity of piracy. Each of these factors is divided into two levels: state-supporting vs. non state-supporting for stance of state managers; distinctiveness vs. indistinctiveness for ideology, and professional vs. amateur for continuity of piracy. Based upon these different levels, the author of this paper argues that pirates can be conceptually categorized as SDP, SDA, SIP, SIA, NDP, NDA, NIP, and NIA types. This typology will allow researchers of pirates to distinguish between sea bandits around the world.     

Changes in methamphetamine impurity profiles induced by tert-butoxycarbonylation

Analysis of impurities in methamphetamine (MA) can be used to characterize MA seizures, investigate the relationship among MA seizures, and provide information on their synthetic routes. Recently, chemically derivatized MA, such as tert-butoxycarbonyl (t-Boc) MA, has been seized and attracted attention because routine forensic analysis methods may fail to correctly identify them. Chemical derivatization is a simple method for protection and deprotection of a compound, and protection of MA using t-Boc can be used to mask the MA. Although t-Boc derivatization might alter the impurity profile of MA, the actual changes in the impurity profile have not been investigated. In this study, changes in the MA impurity profile with tert-butoxycarbonylation were explored. MA and some typical impurities were derivatized using di-tert-butyl dicarbonate and water. Analysis of the impurities in five MA samples by gas chromatography showed that peaks both appeared and disappeared for the deprotected MA compared with the original MA. However, typical impurities important for characterizing MA seizures were conserved after derivatization and deprotection. Most of the new peaks were speculated to be contaminants introduced during derivatization and deprotection. A peak giving a mass spectrum similar to that of t-Boc MA was detected in the chromatograms of t-Boc MA and deprotected MA. Although the origin of this peak was not determined, it might be a marker for the MA involving tert-butoxycarbonylation. These results indicate that tert-butoxycarbonylation can alter the MA impurity profile; therefore, care is needed when interpreting results for derivatized MA.