Breath alcohol analysis in one subject with gastroesophageal reflux disease.

A large number of people suffer from the heartburn symptoms associated with gastroesophageal reflux disease (GERD). Relatively little has been published on its potential for biasing a breath alcohol measurement. The present case describes an individual (white male, aged 23) who experimentally consumed 1.0 g/kg of an alcohol beverage and subsequently provided breath and blood samples for analysis. Breath expirograms were also collected following several different preexhalation breathing maneuvers. Shortly after the end of drinking the mean of replicate breath alcohol results exceeded that of the corresponding venous blood alcohol. A later paired comparison (during the postabsorptive phase) showed the blood alcohol to exceed the breath. None of the expirograms provided evidence that "mouth alcohol" due to gastroesophageal reflux had biased any test results. People with GERD can provide biased-free end-expiratory breath alcohol results where sound forensic practice is followed, which includes: 15-min. preexhalation observation, duplicate testing, instrumental detection systems, and trained alert operators who ask appropriate questions and watch for associated signs.     

Certainty of subject matter

The plaintiff alleged that the defendant had executed a declarationof trust in her favour in respect of 220,000 of the 1.5 m shareshe held in a certain company. The defendant resisted this claimthat there was a valid trust as the shares could not be identifiedand therefore there was no certainty to the subject matter. The Supreme Court of New South Wales (Equity Division), CampbellJ, considered the construction and the declaration     

Disease subject to presumptive service connection (radiation risk activity)--VA. Final rule

This document amends Department of Veterans Affairs (VA) adjudication regulations concerning diseases presumed to be the result of exposure to ionizing radiation. This amendment is necessary to implement Public Law 103-446, the Veterans' Benefits Improvements Act, which provides that the term "radiation risk activity" includes the onsite participation in a test involving the atmospheric detonation of a nuclear device by the United States and by other governments. The intended effect of this amendment is to extend the presumption of service connection for radiogenic disabilities to those veterans exposed to radiation during active military service due to onsite participation in atmospheric nuclear tests conducted by nations other than the United States.     

Adding subject matter by deleting from claim

This case concerns a situation where a deletion of text froma claim amounted to an extension of the patent beyond the contentof the application as originally filed. The Board drew a distinctionbetween deleting text and adding text when applying Art 123(2)EPC.     

Sudden infant death--focus subject of medico-legal research

The compilation of research activities concerning SID in the field of legal medicine could only choose those out of a great abundance of high-quality examinations which represent applied research. By this they have contributed either to the clarifying of the aetiology which has not been cleared up or to the prophylaxis. For this looking through in a widest sense the basic approach was to consider SID being the result of an intrinsic and/or extrinsic disturbance of the modulation of respiratory regulation of the infant. This namely means a metabolic disturbance of respiratory neurons. One must not share this opinion even if it is given a certain plausibility by newer physiological examinations. But this also means that some examinations did not receive the acknowledgement which they would have received if there had been an immunological approach. The compilation was completely done without a presentation of the primary crisis intervention and the long-term care as being a fundamental medico-legal approach. Altogether may be summarized that legal medicine has completely fulfilled its duty to take care of the problem SID and that the examinations did not remain without success.     

行政主体之再思考

近年来 ,我国学者对现行的行政主体理论颇有争议 ,有支持者 ,也有反对者。文章从分析主体和行政主体的内涵出发 ,探讨了行政主体的本质特征和作为行政主体应具备的条件。在此基础上 ,指出现行行政主体理论在概念上的误差和实践中的弊端 ,并进而认为有必要借鉴西方国家的经验 ,彻底革新现行的行政主体理论 ,建立以行政分权为核心的行政主体制度。     

APP主体的立法规制

A PP相关主体规范与否直接关乎数据信息安全,关涉公民合法权益和社会公益.基于个人信息保护的不断发展,APP信息泄露问题逐渐显露出来.本文认为,应结合现有的个人信息保护立法,通过完善A PP实名制度,构建A PP相关主体备案制度,实施数据信息市场主体准入制度和第三方参与数据收集制度,以加强对个人数据信息的保护.