Ink dating part II: Interpretation of results in a legal perspective

The development of an ink dating method requires an important investment of resources in order to step from the monitoring of ink ageing on paper to the determination of the actual age of a questioned ink entry. This article aimed at developing and evaluating the potential of three interpretation models to date ink entries in a legal perspective: (1) the threshold model comparing analytical results to tabulated values in order to determine the maximal possible age of an ink entry, (2) the trend tests that focusing on the “ageing status” of an ink entry, and (3) the likelihood ratio calculation comparing the probabilities to observe the results under at least two alternative hypotheses. This is the first report showing ink dating interpretation results on a ballpoint be ink reference population.In the first part of this paper three ageing parameters were selected as promising from the population of 25 ink entries aged during 4 to 304 days: the quantity of phenoxyethanol (PE), the difference between the PE quantities contained in a naturally aged sample and an artificially aged sample (R_NORM) and the solvent loss ratio (R%). In the current part, each model was tested using the three selected ageing parameters. Results showed that threshold definition remains a simple model easily applicable in practice, but that the risk of false positive cannot be completely avoided without reducing significantly the feasibility of the ink dating approaches. The trend tests from the literature showed unreliable results and an alternative had to be developed yielding encouraging results. The likelihood ratio calculation introduced a degree of certainty to the ink dating conclusion in comparison to the threshold approach. The proposed model remains quite simple to apply in practice, but should be further developed in order to yield reliable results in practice.     

Medical and legal aspects of genital mutilation and circumcision part I: female genital mutilation (FGM)

Female genital mutilation (FGM) is considered to be against the law and against morality not only in Western countries, although a woman of age and able to consent may sometimes think differently. The procedure may have serious physical and emotional consequences for the girl or woman. Nevertheless there are attempts to justify the procedure with medical and hygienic pseudoarguments, ideology, freedom of religion, cultural identity and social adequacy. Outside the Western world, some people claim that religion and culture alone justify the practice. In Germany, parents can lose the right to determine the residence of their daughter, if she is faced with the risk of genital mutilation in order to prevent that the child or girl is taken to her home country. Genital mutilation as a gender-specific threat is recognized as a reason to grant asylum or prevent deportation. Proposals to make genital mutilation a separate punishable offence are presently discussed by the legislator.     

The legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment: part 2 (Queensland)

This is the second article in a series of three that examines the legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment from adults who lack capacity. This article considers the position in Queensland, including the parens patriae jurisdiction of the Supreme Court. A review of the law in this State reveals that medical professionals play significant legal roles in these decisions. However, the law is problematic in a number of respects and this is likely to impede medical professionals' legal knowledge in this area. The article examines the level of training medical professionals receive on issues such as advance health directives and substitute decision-making, and the available empirical evidence as to the state of medical professionals' knowledge of the law at the end of life. It concludes that there are gaps in legal knowledge and that law reform is needed in Queensland.     

(Non)Regulable avoidance and the perils of punishment

Efforts to avoid punishment are generally deemed undesirable and therefore punished or otherwise regulated. In reality, however, not all avoidance efforts are punishable or regulable, at least not to the same degree. For practical or sometimes constitutional reasons, certain efforts to avoid punishment, such as non-creation of incrementing evidence or zealous criminal litigation, are non-punishable. This paper examines whether and under what conditions it is wise to deter avoidance efforts in a setting with multiple avoidance activities, some of which are non-regulable/punishable. The main results of this paper are that deterring certain avoidance activities does not necessarily: (i) decrease the extent to which offenders engage in avoidance activities; and (ii) more importantly, improve deterrence of the principal crimes. Normatively, then, it might be better to let certain punishable avoidance activities go unpunished or, more surprisingly, even to subsidize them. This calls into question recent responses by lawmakers after evidentiary fouls, such as those at Enron, WorldCom and HealthSouth, to stiffen penalties for obstruction of justice.

The legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment: part 1 (New South Wales)

This is the first article in a series of three that examines the legal role of medical professionals in decisions to withhold or withdraw life-sustaining treatment from adults who lack capacity. This article considers the position in New South Wales. A review of the law in this State reveals that medical professionals play significant legal roles in these decisions. However, the law is problematic in a number of respects and this is likely to impede medical professionals' legal knowledge in this area. The article examines the level of training medical professionals receive on issues such as advance directives and substitute decision-making, and the available empirical evidence as to the state of medical professionals' knowledge of the law at the end of life. It concludes that there are gaps in legal knowledge and that law reform is needed in New South Wales.     

The eleventh plateau: The lost object(ive) of legal education

Thanks to Peter Goodrich for commenting on an earlier version of this essay.     

Software copyright part II: The new German legislation

The amendments of the French and German Copyright Acts discussed above and in my previous article (1986–1987) 1 CLSR confirm the established opinion of the world that copyright law is the most suitable means for protecting computer programs. The United States changed their law about five years ago and now the big industrial central European countries are following suit. The European market for software deserves it, as the turnover is now $1.6 billion and it is expected to be five times as much by 1989. The States Commissions in the respective countries of Scandinavia are ready with their proposals to change the copyright law too, probably during 1986. If not, Scandinavian software might suffer from inadequate protection abroad.     

A case of goodpasture-syndrome in legal medical practice (author's transl)]

Goodpasture's syndrome (GS) is a very rare diagnosis in forensic post-mortem examinations. This casereport shows, that GS should always be considered as cause of sudden natural death of young adults, if merely unusual disseminated pulmonary hemorrhages represent the essential findings at autopsy. The final diagnosis of GS is made by microscopic evidence of additional diffuse hemosiderosis of the lungs and proliferative glomerulonephritis.     

Ethical, professional and legal regulation of medical practice

Moral or ethical codes of practice represent one of the oldest forms of medical regulation. Legislation such as the Medical Practice Act 1992 (NSW) enables regulatory bodies to create codes of practice for medical practitioners. Such codes can become an important aspect of disciplinary proceedings by providing the yardstick against which practitioners' conduct is evaluated. An important aspect of the New South Wales Board's Code of Professional Conduct 2005 is the obligation for doctors to report adverse events which reflect on the performance or conduct of colleagues. This is part of an increasing impetus to report adverse events in the interest of public safety. In the long- term this is a constructive development as it is likely to lead to improvements in identification of risks and hazards and thereby to result in better service provision and community health.     

The promises and perils of non-invasive brain stimulation

Non-invasive brain stimulation promises innovative experimental possibilities for psychology and neuroscience as well as new therapeutic and palliative measures in medicine. Because of its good risk-benefit ratio, non-invasiveness and reversibility as well as its low effort and cost it has good chances of becoming a widespread tool in science, medicine and even in lay use. While most issues in medical and research ethics such as informed consent, safety, and potential for misuse can be handled with manageable effort, the real promise of brain stimulation does raise one prominent moral worry: it may lay the foundation of reliable, precise and stable manipulations of the mind. This article addresses this worry and concludes that it is not the possibility of manipulation, but the shift in our understanding of our mind which stands in need of careful consideration.