Arsenic poisoning: acute or chronic? Suicide or murder?

The case of the death by arsenic poisoning of a 62-year-old white man is presented. One year prior to death, he developed intermittent bouts of severe gastroenteritis with vomiting and diarrhea, hyperpigmentation and keratosis of the skin, neutropenia, and Guillain-Barré-like neuropathy for which he was hospitalized several times. Urine test results 6 months prior to death indicating 36 mg/L arsenic were believed to be in error. At the patient's last admission, he appeared in the emergency room with severe gastroenteritis, hypotension, and dehydration. He died 3 days later. Antemortem as well as autopsy specimens revealed elevated arsenic concentrations. Arsenic micrograms/g analysis by neutron activation of hair pulled from the man's head revealed by centimeter segmental analysis proximal to distal: 226, 104, 28, 56, 41, 40, and 74. The wife of the decedent was charged with murder by arsenic poisoning of this, her fifth, husband. The defense alleged that the decedent had committed suicide. The judge awarded a directed verdict of "not guilty." Particulars of the medical, toxicological, and investigative findings are presented.     

Employers: passive purchasers or provocateurs?

This article addresses the potential role of business leadership in diverse efforts to reform health care financing: exploring managers efforts to alter health care markets in their role as large purchasers of health insurance, their potential contributions to future national policy proposals, and their involvement with community-level activities to control local health costs and quality. I argue that managers' leadership in market restructuring and community health initiatives will be difficult to reproduce in the realm of major national health policy initiatives due to constraints related to ideas, interests, and organization.     

Air guns: toys or weapons?

Air guns and blank guns may appear relatively harmless at first glance, but they are, in fact, potentially destructive, even lethal, weapons. Approximately 2 to 2.5 million nonpowder firearms are sold annually, and again approximately 12.9 per 100,000 population are treated for such injuries in hospital emergency departments each year in the United States. Unfortunately, these guns are considered to be a toy for children. Therefore, incidents of air gun injuries are gradually increasing. Although such injuries may initially be considered trivial, it may signify severe internal tissue pathologies. These apparently trivial injuries may have catastrophic consequences if unnoticed. In this study, we report 4 cases with head injury due to a shot by these guns. The cases indicate that these people had used the guns belonging to their parents for the purpose of suicide. The cases also show that these machines are not innocent.     

Ideological Congruence: Illusion or Imperfection?

Paul Warwick ( 2016 ) argues that much of the research on ideological congruence leaves the erroneous impression that a close match of median left‐right voter opinions and government ideological positions usually emerges from elections. I propose further clarifications. I offer a “natural metric” based on the average distances from the median voter of the most distant and the closest parties competing in all these countries’ elections. I suggest that by these standards average ideological congruence in the Western liberal democracies in the last 20 years has been fairly successful, but not as successful as it could be.     

Legislative drafters: lawyers or not?

The aim of legislative drafting is to express the instructing client’s meaning. Legislative drafters are often lawyers with a significant impact on the interpretation and the implementation of the law. This article takes a different perspective and attempts to prove that legislative drafters do not necessarily have to be lawyers. The arguments of this hypothesis are important in establishing that legislative drafting is a specialised skill with general principles and conventions that can be acquired by training and practice. The conclusion would be to prove the hypothesis that legislative drafting could also be undertaken by non-lawyers.     

The Church: Postsecular or Postsacral?

Unless the Armenian Apostolic Church starts necessary reforms in all spheres of Church life, within a few years it will run into big difficulties.     

Constructive “Consent”: A Problematic Fiction

The law and society occasionally impute consent to an agent despite a clear lack of actual consent. A common type of such ‘fictitious consent’ is constructive consent. In this practice, we treat an agent as if she consented to Φ because she did Ψ. By examining how constructive consent operates in law (monitoring inmate phone calls and blood alcohol concentration testing on unconscious drivers) and daily life (physical contact in public spaces), I show that our treatment of agents in these cases bears no normatively relevant resemblance to consent because it is grounded in values and concerns other than autonomy. Thus, the practice may diminish the very autonomy consent proper seeks to promote. Hiding this potential for conflict creates the risk moral concerns will not be appropriately balanced when deciding on the permissibility of an action. We thus ought to be explicit that such cases don’t involve consent and its common justification.     

File-sharing and downloading: goldmine or minefield?

Legal context: Major copyright owners have been slow to rise to the challengepresented by illegal file-sharing and downloading. In recentyears, they have scored a number of significant Court victoriesagainst file-sharers, but the recent decision in Promusicaev Telefónica, in which the ECJ held that the right tothe protection of industrial property does not necessarily outweighthe right to privacy, indicates that rights holders may benefitfrom a more creative and co-operative approach to file-sharing. Key points: The author provides an analysis of the Promusicae decision,along with a summary of the statutory position in the UK. Thisis also accompanied by a review of the recent internationallitigation landscape on file-sharing and a review of currentattitudes towards addressing illegal filesharing, includingrecent proposals from the British Government and the EuropeanParliament and new models of co-operation between rights holdersand file-sharing service providers. Practical significance: The Promusicae decision will disappoint copyright owners. TheECJ decision left it to Member States to determine whether thereshould be an obligation to disclose personal data in order toprotect copyright, so long as the interpretation of the lawattempts to reconcile the parties' competing rights and principlesand demonstrates proportionality. Copyright owners will, therefore,have to tailor enforcement strategies to individual Member States.This will hamper their ability to take action against individualinfringers efficiently. In addition to litigating against infringers,however, they may benefit from the new models of co-operationbetween copyright owners and file-sharing services which areemerging.     

Russia and Ukraine: Transition or tragedy?

Conclusion The political-criminal nexus that emerged in the post-Soviet period represents a transformation of the relationships which existed in the Soviet period. The division of the property of the Soviet state gave ample possibilities for the political-criminal nexus to obtain significant political assets. They were able to transform their power from one that was rooted in the managerial apparatus of the Soviet state and the consumer economy into one with international dimensions and control of very large shares of the domestic economy. The rise of the political-criminal nexus, while hardly surprising in light of the structure of power relations in the final decades of the Soviet period, precludes full democratization or the rise of a real market economy. In the initial years of the transformation process from a socialist to a post-socialist economy, insufficient attention was paid to the containment of the political-criminal nexus in both Russia and Ukraine. Most Western politicians and international organizations focused on the collapse of communism rather than the rise of these pernicious alternative power relationships. The prognosis for the containment of the political-criminal nexus in either country is rather limited at the moment. Ukraine, however, is at a comparative disadvantage because it has failed to sufficiently acknowledge the high costs of organized crime and its political links. This has been done at the highest levels of Russian government although precious little has been done to address the problem. The Ukraine situation is more difficult because its institutional resources are much more limited than Russia which inherited a disproportionate share of the Soviet Union's financial and institutional resources. With limited civil society and the economic precariousness of much of the population, little can be done to control the problem at its roots. The political-criminal nexus in Russia and Ukraine will remain a serious problem in coming decades. It cannot be ignored in appraising the development of the domestic political situation in either country or determining foreign policy in relation to these two newly independent states.     

Complete autoerotic asphyxiation: suicide or accident?

A case of a typical form of sexual asphyxiation is described, involving a young man hanging, in a context of autoerotic asphyxia. Multiple and different parameters are included in the definition.     

Antitrust Enforcement: Abuse Control or Notification?

The European Union is currently revising its system of centralised authorisation for agreements between firms falling within the scope of Article 81 (1) of the EC Treaty but qualifying for exemption from the general prohibition. The proposed reform in the 1999 White Paper on Modernisation of the Rules Implementing Articles 81 and 82 of the EC Treaty involves the abolition of the notification and exemption system and its replacement by a directly applicable exception system where restrictive practices qualifying for exemption are lawful per se and subject to abuse control. This paper compares both the current notification system and the proposed system of ex-post control in a game-theoretical framework. If precommitment to an enforcement probability by the antitrust authority is not possible and a mixed equilibrium exists for both systems, the notification system is superior to the system of abuse control in terms of social welfare.