Must the Surgeon Take the Pill? Negligence Duty in the Context of Cognitive Enhancement

Recently, attention has turned to the possibility of enhancing human cognitive abilities via pharmacological interventions. Known as ‘cognitive enhancers’, these drugs can alter human mental capacities, and in some cases can effect significant improvements. One prime example is modafinil, a drug used to treat narcolepsy, which can help combat decreases in wakefulness and cognitive capacity that arise due to fatigue in otherwise healthy individuals. In this paper, we respond to calls in the philosophical and ethical literature that surgeons and other medical professionals should be morally obliged to take cognitively enhancing drugs. We examine whether surgeons who make fatigue‐related errors during patient care might be considered legally obliged to enhance themselves. We focus on liability for a failure to medicate, and conclude that it is highly unlikely that surgeons will be legally obliged to address their fatigue through the use of cognitive enhancing drugs.     

A Multi-Drug Intoxication Fatality Involving Xyrem® (GHB)

Abstract:  Gamma-hydroxybutyrate (GHB) is best known as a recreational depressant drug, whose use has also been implicated in drug facilitated sexual assault cases. It is also available as a therapeutic agent (Xyrem^®) used for the treatment of daytime sleepiness or cataplexy associated with narcolepsy. This is a report of a case of a 53-year-old woman undergoing treatment with Xyrem^® for narcolepsy. The decedent was also prescribed tramadol, gabapentin, cetirizine, modafinil, carisoprodol, and Xyrem^®. Toxicological analysis of the blood revealed GHB 165.6 mg/L, and 90.7 mg/L in the urine. Blood GHB concentrations in the range 156–260 mg/L have been reported to induce moderately sound sleep. The combined use of central nervous system depressant drugs, together with her problematic sleep apnea, and snoring (both contraindications for GHB use) were determined to have caused this subject's death. The manner of death was determined to be accidental.     

Identification of the driver in an automobile collision

We report on a three-occupant automobile collision in which one of the two survivors claimed that the deceased had operated the vehicle. We attempted to identify the driver. The left face and neck of the deceased appeared to have struck the vehicle's interior. The survivors were slightly injured on the right side of their faces. In Japan, the passenger side is on the left, and in this case, the right side of the vehicle had been damaged. By comparing the injuries of the deceased and the survivors in relation to the vehicle damages, we concluded that the deceased occupant had probably been a passenger, not the driver.     

Fatal positional asphyxia associated with rollover crashes

Motor vehicle rollover crashes result in complex occupant kinematics with the potential for severe injury. Five cases of fatal asphyxia in occupants suspended from their safety belt upside down after a rollover crash are presented. These fatalities accounted for 13.5% of all motor vehicle related asphyxia deaths in San Diego County over a 10-year period. This study supports previous research noting that incapacitation due to other injuries, alcohol, or obesity may be associated with fatal positional asphyxia due to inversion during rollovers. Safety belts are proven to prevent serious injury in motor vehicle crashes and should always be worn. However, redesign of the buckle could be considered to permit easier release by an occupant. We also suggest that pre-existing heart disease may contribute to the possibility of a fatal asphyxia outcome. Although this is a rare cause of motor vehicle related death, our results suggest that these are potentially preventable deaths.     

Traffic accident vs homicide: The contribution of DNA analysis to clarify this mystery. A case report

A marriage procession was going through the road when the vehicle met with a fatal accident and the wife of the driver died. The autopsy revealed lesions according with fatal traffic accident. But, a second autopsy revealed that there were injuries, but it was not reported in the first autopsy protocol. We analyze several autosomal STRs to typify some evidences collected inside the vehicle of traffic accident which were stained by the blood of the woman mortal victim. The results of the analysis of DNA suggested that the victim bled inside the vehicle and died and then, she was placed on the pavement and her husband simulated an accident.     

F#ck Your Family!: The Visual Jurisprudence of Automobility

This paper considers the popular visual jurisprudence of bumper stickers. Drawing upon a sample sticker/driver/vehicle assemblages observed at the Gold Coast, Australia in 2014, we argue that the meanings and messages projected by the assemblages have a significant legal dimension. The argument is located at the intersection of past research into bumper stickers, increased scholarly interest in the relation of law to automobility and especially recent considerations of the popular visual jurisprudence of the motor vehicle, its cultures and semiotics. In particular we argue that the sticker/driver/vehicle assemblage represents an engagement with law and legality. We suggest this goes beyond immediate denotations of brands with intellectual property or flags and the sovereign nation state to more essential engagement with consumer capitalisms law of the image, the friend/enemy distinction, the ouroboros of rights and the essential legality of living in a polis.     

Can analysis of a small clod of soil help to solve a murder case?

Soil forensics utilizes extensive soil information to answer legal questions and test hypotheses. The main difficulty often is the determination of different variables from a small amount of soil sample collected on the suspect. We developed a sequential mineralogical and chemical analyses to assess a limited quantity of soil vestiges (0.5 g) from a suspect's vehicle (adhered to the outside rear-view mirror and to the left front fender) involved in a murder case and compared them with the surface samples found at the victim's body disposal site at the Graciosa Road, Paraná State, Brazil. All results affirm that the suspect’s vehicle could have been in contact with the edge of the Graciosa Road, approximately the place where the victim’s body was located. As a result of the soil analysis and comparison, the results support the likely contact of the suspect’s vehicle with the crime scene.     

Victim or injurer, small car or SUV: Tort liability rules under role-type uncertainty

In this paper we modify the standard tort model by introducing role-type uncertainty. That is, we assume that neither party knows in advance whether she will be the victim or the injurer when an accident occurs. When the standards of care of the two parties are set at the socially optimal levels, only pure comparative negligence and the equal division rule guarantee efficiency, while the rules of simple negligence, contributory negligence, and comparative negligence with fixed division (other than a 50:50 split) may produce inefficient equilibria. Since pure comparative negligence splits liability between negligent parties according to each party's degree of fault, it makes the accident loss division independent of one's role-type. This produces its efficiency advantage.We extend the model to the choice of vehicle size, as a factor determining who will be the injurer and who the victim in motor vehicle collisions. In the extension we analyze various standard negligence-based liability rules, and tax rules, as instruments to mitigate inefficiency resulting from the vehicle size “arms race.” We also examine two strict liability rules, one of which incorporates a comparative negligence feature; this rule prevents inefficiency from both role-type uncertainty and from the “arms race.”     

Severity of vehicle bumper location in vehicle-to-pedestrian impact accidents

Pedestrian protection is one of the key topics for safety measures in traffic accidents all over the world. To analyze the relation between the collision site of the vehicle bumper and the severity of the lower extremity injuries, we performed biomechanical experiments. We compared the applied external force and the risks of subsequent injuries between the impact of the center and side positions of the front bumper. These comparisons were performed by practical impact tests with eight typical different types of cars which were typical of the current vehicle fleets. The tests were made using the TRL legform impactor which was a mechanical substitute of a pedestrian lower extremity. The TRL impactor is used all over the world for assessing the safety of car bumpers. It was found that the risks of lower extremity injuries in the impacts at the side positions, in front of the vehicle's side member, were significantly higher than those at the center. In the tests, we found that foam materials around the rigid front cross member had a significant effect on reducing the lower extremity injury risks and especially tibia fracture risk against vehicle bumper center collisions, but had little effect at the sides of the bumper over the vehicle's side members where the foam was thinner. We also found that the front shape of the vehicle affected the risk of ligaments injuries. According to these results, the information of impact locations of cars in vehicle-to-pedestrian traffic accidents is valuable for clinicians to diagnose patients with lower extremity injuries in traffic accidents and for forensic pathologists to analyze the accident reconstruction. Furthermore, the results suggest that testing of the bumper area in front of the main longitudinal beams should be included in the car safety legislation to require pedestrian safety.     

Industrialization of hybrid electric vehicle technology: identifying critical resource dimensions

The purpose of this study is to identify critical resource dimensions for the industrialization of hybrid electric vehicle technology. This study focuses on small- and medium-sized technology-based firms in Sweden that employ between 1 and 500 employees and that could be potential suppliers of hybrid electric vehicle technology. The empirical data were collected using a survey (questionnaire) and it covers 40 technology-based firms in eight industrial branches in Sweden. We have included 18 variables in order to identify critical resources regarding Business and R&D networks in three dimensions: ideas and advice, production, and R&D. Two regression models developed for battery systems and battery cells have significant findings. Networks with universities and consultants are especially important. One operative way is building strategic alliances with other firms. The main contributions of this study are empirical support that network resources are necessary and important in battery systems and battery cells and, more broadly, networks are necessary systems for technology shifts in the hybrid electric vehicle industry.     

Improving the Police Complaints System: Stakeholder Collaboration as a Vehicle for Systems Change

Systems change efforts seek to alter the status quo by shifting the form and function of a targeted system. Evaluation is a critical component, yet little research has examined a collaborative forum as a vehicle for change in the criminal justice system. Over 150 citizens and police were brought together to work collaboratively at improving a Canadian police complaints system. Using survey, participant observation, and focus group data, this study investigates the perceptions of this Forum as a vehicle for systems change in police oversight mechanisms. We find the Forum provided both opportunities for, and barriers to, collaborative systems change work. However, these findings need to be understood within the context of police-community relations as fear and mistrust of police influence problem definitions and potential solutions. Therefore, the collaboratives model is not a one-size-fits-all approach to systems change work in the criminal justice system.     

A 36-year history of fatal road rage in Marion County, Oregon: 1963-1998

This paper documents the 36-year history, with five examples, of fatal road rage in Marion County, Oregon. Relevant details (all that were available) from each case are presented. Alcohol intoxication was present in four of our five cases. We include two deaths by gunshot at close range, two deaths as a result of a motor vehicle traffic accident, and one natural death. All subjects were males. Three were Caucasian and two were Hispanic. The three subjects in Cases 1, 2 and 3 were complete strangers to the occupants of the other involved vehicles. The subjects in Cases 4 and 5 (along with the occupants of their own vehicles) were acquaintances of the occupants of the involved vehicle. There appears to be no previous forensic, medical or psychiatric literature on road rage as such. We present an initial psychiatric evaluation of the perpetrators of this type of fatal assault. There are no specific statutes in Oregon, at the state or county levels, regarding road rage. However, the city of Gresham, Oregon, recently enacted an ordinance regarding road rage. We stress the need for further study of this phenomenon, especially through the use of the psychological-psychiatric autopsy.     

交通事故中车辆安全技术状况检验及典型案例车速计算

目的 针对导致交通事故的各种原因就车辆因素进行了较详细的分析.方法 对进行车辆技术状况检验的着手方面、要点做了相关分析并结合相关实例进行举例分析,对造成事故中的关键因素车速的计算及计算方法做了简要讨论.结果 总结了进行整车配置、制动系统、转向系统、汽车灯光与信号系统与轮胎检验时需注意的要点.根据车速计算方法,得出一起追尾事故中某货车在事发时未达到高速公路最低限速的鉴定结论.结论 进行车辆安全技术状况检验时,需注意相关要点,以尽量避免道路交通事故的发生.     

典型电动两轮车倒地滑动摩擦系数实验研究

目的 为获得典型电动两轮车倒地滑动摩擦系数,研究倒地滑行速度、路面干湿、路面材料以及电动两轮车结构等因素对电动两轮车倒地滑动摩擦系数的影响.方法 采用实车牵引法测试了“标准”和“非标”两种类型电动两轮车在四种常见路面上的0～50km/h速度区间内的倒地滑动摩擦系数.结果 电动两轮车在实验混凝土路面倒地滑动摩擦系数为0....     

稳态条件下EDR车速的可信度分析

目的分析稳态条件(例如,无制动)下国内车辆EDR碰前车速的可信度,为EDR碰前车速的应用提供参考。方法在国外研究结论的基础上,选取国内1起既有EDR数据又有监控视频的实际案例,利用监控视频计算所得车速为参考值,分析事故车辆稳态行驶时EDR车速的可信度,并结合EDR车速的来源对其进一步分析。结果根据国外文献研究结果可知,车辆稳态行驶时EDR车速的相对误差在±4%以内。通过国内1起实例的分析,显示稳态行驶车速为120 km/h,EDR记录的碰前车速相对误差为3.886%。结论结合EDR车速来源的分析表明,稳态条件下,国内车辆EDR记录的碰前车速同样具有很好的可信度,可有效应用到相关的车速重建中。     

Simulation-based reconstruction of traffic incidents from moving vehicle mono-camera

Video recordings from digital cameras implemented in road vehicles present a valuable source of data concerning various dangerous traffic situations, i.e., road accidents or near-miss incidents. This data is readily available and numerous methods for forensic reconstruction of traffic situations from vehicle video were presented in the past. New alternative method for reconstruction of traffic situations from vehicle video is presented in this article. The method is based on the fusion of kinetic vehicle trajectory simulation within 3D laser scanner point cloud, projective geometry, and processing of video footage from moving vehicle camera. The method offers accurate reconstruction of general vehicle motion within relevant time domain whereby in-depth technical information about traffic incident can be quantitatively extracted from video footage. The result is physics-based 3D projection of simulated vehicle motion on the motion of real vehicle recorded by moving monocular camera. The method was validated within performed experimental test runs with respect to vehicle speed, distance travelled, acceleration/deceleration and directional quantities (yaw rate, yaw angle). The method was further applied in the reconstruction of real-world traffic events.     

视频方法鉴定车速的准确性研究

目的通过实验研究用视频方法鉴定车速结果的准确性及其影响因素。方法在选定的实验场地上,让实验车辆以一定速度匀速通过一段距离,使用高空、垂直、斜角和车载四个位置的摄像机同时录制,将车速计算结果进行比较。结果理论和实验数据分析表明,误差的大小主要取决于:车速和帧速率,车体上参考点和路上参考点的对齐效果,还有行车距离的大小和播放器屏幕的大小等。结论用视频方法进行车速鉴定,相对于传统的用力学公式进行计算,其准确性和可信度较好;一般条件下,误差可在5%~10%之间估算;夜晚条件下,可在车灯的轮廓线上选择车体上参考点,炫目情况除外。     

基于单车事故车速鉴定的取证技术

车速鉴定正成为道路交通事故司法鉴定的重要项目。单车事故由于其特殊性往往简单化处理。单车事故主要类型包括碰撞护栏、侧翻与坠崖等。单车事故车速鉴定原理主要是基于能量守恒定律。在分析三类事故常用鉴定计算公式基础上,对其取证要点进行了探究,包括护栏变形、车辆变形、圆周运动半径、坠车飞行距离等测量。并指出其他事故现场痕迹物证要素的测量对于车速鉴定可以起到辅助佐证的作用。     

DRIVING WHILE BLACK: BIAS PROCESSES AND RACIAL DISPARITY IN POLICE STOPS*

We estimate the degree of racial disparity in police vehicular stops separately for local and state police in North Carolina in the year 2000. We introduce four mechanisms that might produce racial disparities in police stops—racial profiling, race sensitive police deployment, cognitive bias and stereotyping, and prejudice. We then model the relative odds of police vehicle stops as a function of race, driving behavior, and other demographic statuses separately by police organization type, with controls for omitted variable bias at both the driver and spatial level. We find only weak evidence of racial disparity in stops by officers of the state highway patrol but stronger evidence in those made by local police officers.