Concordance Between the AmpFℓSTR® MiniFiler™ and AmpFℓSTR® Identifiler® PCR Amplification Kits in the Kuwaiti Population

Abstract:  The AmpFℓSTR^® MiniFiler™ polymerase chain reaction amplification kit, developed and supplied by Applied Biosystems, complements the AmpFℓSTR^® Identifiler^® polymerase chain reaction amplification kit (Applied Biosystems, Warrington, U.K.) by improving the success rate when profiling DNA that is degraded or contains inhibitors. Before applying the MiniFiler™ kit to casework, the profiles from 200 unrelated Kuwaitis were compared to Identifiler^® profiles. Concordance was observed for 99.875% (1598 of 1600) of the compared STR loci. The two discordant profiles displayed allelic dropout: one at the D13S317 locus due to nonamplification of allele 10 in the MiniFiler™ profile, and one at the D18S51 locus due to nonamplification of allele 18 in the Identifiler^® profile.     

Amicus Curiae and the Public Interest: A Search for a Standard1

Despite the widespread and influential presence of an increasingly partisan amicus curiae brief, the role of the "friend of the court" brief remains controversial. Changing rules of access and diverging recommendations for its behavior are associated with two distinct views of jurisprudence. A traditional understanding of adversarial proceedings emphasizes the individual interests of the litigants, and correspondingly excludes consideration of non-parties and the general public. An alternative to the traditional, individual-based, liberal jurisprudence (and its skepticism toward public interest arguments) is a recognition of the need to integrate individual and public interests and to find a coherence between them.
The skeptical view of the public interest can be avoided by adopting a post-empiricist view, which recognizes a plurality of interpretations of the public interest. The amicus curiae role, if given wide access, can serve as a tool of inclusive pluralism, which recognizes a diversity of views regarding the public interest and the impact of legal decisions on the public.     

The Use of Hemastix® and the Subsequent Lack of DNA Recovery Using the Promega DNA IQTM System

Abstract:  Following implementation of our automated process incorporating the Promega DNA IQ^TM system as a DNA extraction method, a large number of blood-containing exhibits failed to produce DNA. These exhibits had been tested with the Hemastix^® reagent strip, commonly used by police investigators and forensic laboratories as a screening test for blood. Some exhibits were even tainted green following transfer of the presumptive test reagents onto the samples. A series of experiments were carried out to examine the effect of the Hemastix^® chemistries on the DNA IQ^TM system. Our results indicate that one or more chemicals imbedded in the Hemastix^® reagent strip severely reduce the ability to recover DNA from any suspected stain using the DNA IQ^TM magnetic bead technology. The 3,3',5,5'-tetramethylbenzidine (TMB) used as the reporting dye appears to interact with the magnetic beads to prevent DNA recovery. Hydrogen peroxide does not seem to be involved. The Hemastix^® chemistries do not interfere in any way with DNA extraction performed using phenol-chloroform. The incompatibility of the Hemastix^® chemistries on the DNA IQ^TM system forced us to adopt an indirect approach using filter paper to carry out the presumptive test.     

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.     

Libel Lawyers as Risk Counselors: Pre-publication and Pre-broadcast Review and the Social Construction of News1

American libel law presents profound dilemmas about how to provide compensation to individuals for injury to their reputation without destroying First Amendment values of free expression and unfettered public debate. This paper looks at the substantial legal costs incurred by publishers and broadcasters in defending themselves against charges of libel, the response of the courts to limit press self-censorship occasioned by the risks of libel litigation, and the perverse effect they both have on the social construction of the news. These tensions are captured in the role of the media lawyer who reviews news stories prior to publication or broadcast and advises editors about libel risks. Data are presented from interviews of 53 in-house and outside counsel who regularly review stories for newspapers, television stations and networks, magazines, and other news organizations. A paradox emerges: media lawyers, in pursuit of constitutional protections of free speech, have come to enforce responsible journalism, while subtly chilling and shaping the ways the news is told.     

'FATCATS' and Prosecution in a Regulatory Agency: A Footnote on the Social Construction of Risk1

This paper explores what, in the context of occupational health and safety regulation, the idea of risk means to legal actors whose task is to assess and act upon risks. It argues that while the occupational risk to the worker is important because it may prompt a regulatory response and it informs decisions about enforcement strategy, the decision-maker contemplating formal legal action will become preoccupied with the risks posed by the legal process to the successful prosecution of the case. The legal risks arise from the nature of regulatory work and the form and character of regulatory law. Legal decisionmakers respond to these risks in a systematic fashion preferring to prosecute cases which are quick, straightforward and unlikely to be defended. This leads to the selection of cases which are breaches of absolute (rather than general) duties and violations of provisions relating to safety rather than health, thereby skewing the application of enforcement.     

The Effect of Buscopan® on the Development of the Blow Fly Chrysomya megacephala (F.) (Diptera: Calliphoridae)

Abstract:  This work investigated the effects of butylscopolamine bromide, a drug present in the pharmaceutical formulation Buscopan^®, on the development of Chrysomya megacephala , a blow fly species of considerable forensic and medical importance in Brazil. Larvae exposed to the drug showed a decreased rate of development, with higher drug concentrations further retarding the development. Besides, larvae reared on the presence of the drug showed smaller body weight and body length when compared with larvae reared on the absence of Buscopan^®. The drug also affected the mortality of the species.