Apport de l'immunoelectrophorese pour l'expertise des taches de sang en medecine legale

Conclusive evidence was obtained in this study that immunoelectrophoresis could be used in the identification of blood-stains in two particular cases: for diagnosis or approach to diagnosis of the age of a blood-stain, and for diagnosis of the human origin of a blood-stain that had been treated with petroleum products.Although many aspects should be investigated in more detail, it is certain that this method can be employed in combination with other methods.     

酶标2G8单克隆抗体斑点ELISA快速检验人血痕G2m(23)因子

利用自制的抗人 G2m(23)酶标2G8酶标单克隆抗体,首次应用直接斑点 ELISA 方法检测血痕中 G2m(23)因子。该法最小检出量为0.000048μl 血清;整个试验可在15分钟内完成。对常见的13种动物血和8种鱼血无交叉反应;盲测450例干血痕结果全部正确。该方法具有快速、准确、灵敏、简便等特点,有较大的实用价值。     

Integración de las autoridades electorales: (re)construcción jurisdiccional de un derecho por el tepjf

This article offers a diagnosis about the jurisdictional protection of the right to be a member of the local electoral authorities, which was included on the law since the 2008’s electoral reform. It presents also, an explanation of the different judicial mechanisms to control the processes of renovation of the electoral authorities that exist in the states. The objective of this essay is reconstruct the content of this right, throughout the sentences of the Electoral Court, but also, question the argumentations that the electoral judges have used to solve those cases. Practically, no work in the mexican literature has been written about the right to be a member of the electoral authorities, and that´s why this article represents a first outline to understand this topic.     

Necrotizing fasciitis: a fatal outcome following minor trauma. Case report and literature review

The death of a young healthy man, 11 days after he sustained minor trauma, illustrates the potential disaster of undiagnosed necrotizing fasciitis. Difficulty in early diagnosis often arises because the skin is initially spared and only later becomes secondarily involved. In this case, because of the lack of external manifestations, the diagnosis of necrotizing fasciitis was not considered until the postmortem examination. Necrotizing fasciitis should be considered a potentially serious problem that can follow minor trauma and eventually lead to death. The need for a high index of suspicion to make this diagnosis, along with the medicolegal implication of a diagnosis of necrotizing fasciitis, are both addressed in this report. Also of note is the fact that this patient was treated with nonsteroidal antiinflammatory drugs for pain and inflammation, which has recently been reported to be associated with an increased incidence of fulminant evolution of necrotizing fasciitis.     

El principio de reconocimiento mutuo en el derecho de la unión europea según la cláusula de “plena fe y crédito” de la constitución de estados unidos

The paper shows a comparative analysis of the law of the united states of america (US) and the european union (EU) focusing on the principle of mutual recognition, which has served as a basis in order to achieve the enforcement of judicial decisions by the authorities of the different Member States. It illustrates the origins and evolution of this principle within the US legal system, as well as its recent implementation within the European integration system with the aim of creating a common space of freedom, security and justice. The paper lists and analizes a substancial number of legal acts adopted so far in the area of civil and criminal law. Furthermore, it highlights the influence the case-law of the US Supreme Court and the Court of Justice of the EU has had on the development of this principle. Moreover, it elaborates on the function of this principle as a nation-building element, raising the question whether this concept could be possibly transposed to a regional integration system with clear federal traits such as the EU.     

The garcia de la paz

According to the famous economist and Nobel prize winner Amartya Sen women have a significant biological advantage over men. Despite this fact women do not always live longer. In today's third world, but also in some areas in Europe at the end of the 19th and the beginning of the 20th century we find so-called excess female mortality. In this paper we examine child mortality in The Netherlands in general and gendered patterns of child mortality in particular. The focus is on differential mortality patterns by gender for infants, older children, and young adults up to age 20 in the second half of the 19th century. The analysis takes place at three levels. We start off with an exploration of sex differentials in mortality at the national level, based on the existing literature. We next examine gender differentials in mortality at the level of several Dutch communities, in the region called Twente, focussing on the differences between the city and the countryside. The final part of the analysis focuses on the micro level of the individual and his or her family in the rural community of Lonneker located in the Twente region. In this part of our study we make use of longitudinal individual level data which are analysed with event history methodologies. Our analysis clearly demonstrates that young women and girls in The Netherlands were not always in a position to fully capitalise upon their greater biological advantage and suffered instead considerable excess mortality. Especially in the rural parts of the country girls had lower survival chances. The individual level analysis confirms the importance of sex in explaining child and adolescent mortality. These gendered mortality risks can however not be attributed to social and economic household characteristics. The analysis also shows that, when death came, it literally affected the entire family. This phenomenon, better known under the label ‘death clustering’, may have been an effect of parental incompetence.     

Reconocimiento y ejecución de sentencias mexicanas de divorcio en venezuela

Judges rule their decisions to enforce foreign divorce judgments and therefore to achieve procedural justice. Notwithstanding of that, the enforcement couldface different challenges, not only about its coercive enforcement —lacking of voluntarily compliance of the original decision— but also ju-risdictional/territorial limitations. These limitations are related with the existence of different locations among the place of the original subject matter, the place of its effects and, the place where the enforcement decision will be ruled. However, geographical boundaries should not affect vested rights. Therefore, it is crucial to grant mechanisms that will ensure the enforcement of foreign decisions. Based on two Venezuelan Supreme Court decisions, this document analyses issues related with the enforcement in Venezuela of Mexican divorce judgments, considering both the Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards and Venezuelan domestic rules.     

Las condiciones de inteligibilidad de las prácticas constitucionales. una aproximación a partir del caso del aborto

In this paper we intend to highlight the three levels of discourse that underground every constitutional discussion, from the view point of the special case of abortion. We aim, in the end, to propose a reflection about what we could name the intelligibility conditions of our constitutional practices. With this purpose, we identify three discussions that converge in the discussion about the justice of decriminalizing abortion: (a) the explicit discussion about the claimed existence of a right not to be condemned for choosing abortion; (b) the implicit discussion about the nature of public reasons, as opposed to religious reasons; (c) the underlying discussion about the nature of concepts which are used in these two previous levels of discussion.     

Control de motivación de fallos en la corte de estrasburgo

Strasbourg Court's case-law, point out the framework for the duty to give reasons, avoiding theoretic constructions. In this way, don't review the domestic statutes either the finds of national authorities.     

Evaluating the Reliability of Expert Evidence in Compensation Procedures: Are Diagnosticians Influenced by the Narrative Fallacy when Assessing the Psychological Injuries of Trauma Victims?

The current study investigated whether mental health practitioners are influenced by the narrative fallacy when assessing the psychological injuries of trauma victims. The narrative fallacy is associated with our tendency to establish logical links between different facts. In psychodiagnostic assessments, this tendency may result in overdiagnosis of mental disorders when psychological symptoms can be attributed to a traumatic event. Consequently, legal decision makers may be at risk of awarding compensation for psychological injuries which are not severe enough to justify financial reimbursement. To explore this topic, we asked Dutch mental health practitioners whether they would assign a diagnosis of mental disorder to fictitious symptoms of psychological injury. Each participant was presented with two vignettes. The first vignette described symptoms in terms of a generalized anxiety disorder; the second in terms of a major depressive episode. The vignettes varied in the cause (trauma versus cause not specified) and severity (near threshold of DSM diagnosis versus below threshold of DSM diagnosis) of the symptoms. Results indicated that participants more often assigned a diagnosis of mental disorder if the psychological symptoms had been caused by a traumatic event than if that had not been the case. Further analysis of the data suggested that this difference was due to the high numbers of assigned diagnoses of posttraumatic stress and acute stress disorder in the trauma conditions. It was speculated that participants filled in missing information to justify the assignment of such diagnoses, for example by imagining symptoms of intrusion and avoidance.     

鉴定溺死的实验研究——荧光分光光度计检测肺组织浮游生物叶绿素(a)

本实验应用荧光分光光度计检测肺组织浮游生物叶绿素(a),以期通过准确的定性、定量研究来诊断溺死。实验性研究表明本法准确可靠,选择性强、灵敏度高,不受腐败及污染等因素影响,亦不存在含叶绿素(a)浮游生物生前进入并存在于人体器官的问题。同法对2例水中尸体进行了检测,结果与实验性研究相符、提示本法可应用于实际检案。     

La mediación en casos de sustracción internacional de menores por uno de los progenitores y los acuerdos voluntarios Transfronterizos: El Caso Mexicano

The general goal of the present article is to provide a way of reasoning through a series of conclusions that may contribute to foster a frequently overlooked topic in Private International Law, we refer to the acknowledgement and enforcement of voluntary cross-border family agreements that may as well result in the creation of Soft Law instruments, such as the Guidelines for good practice in mediation. These are definitely enough reasons to try to spare children from irreversible damage arising from international family conflicts that could be mitigated — if not altogether deactivated— through cross-border voluntary agreements, acknowledged and enforced in all jurisdictions involved.     

Posttraumatic neurosensory hypoacusis in forensic medical practice

Literature data and results of epidemiological examination show that traumas play a significant role in emergence of neurosensory hypoacusis (NSHA) in young healthy population. The diagnosis of NSHA is often missed in forensic-medical examination and this may cause a social problem. Audiometric signs of NSHA were studied in subjects with trauma of the labyrinth. Pure tone audiometry results can be used for differential diagnosis of mechanical and barotraumas and as additional criteria in determination of the harm to health.     

Libertad de expresión y discurso homofóbico en méxico: ¿es correcta la teoría constitucional de la suprema corte?

The article discusses a recent decision by the Mexican Supreme Court whereby damage resulting from the use of discriminatory language may in certain cases appropriately counterweight freedom of speech. The ruling expresses thesis at three different levels, all of them relevant from the viewpoint of constitutional theory. First, it expresses a vision of the kind of exercise the Court should deploy when reviewing sentences in amparo: it is a maximizing vision that the author considers to be fundamentally correct. At a second and third level, with different degrees of specificity, it proposes a particular constitutional reading for the revision of the case at hand. On this count and given the relevant historic-constitutional context, the article celebrates the Court's willingness to counterweight free speech with antidiscrimination-based considerations, though in terms of the sub-rules of decision used to pin down the general reading it identifies both successes and failures.     

Desgolonizando los derechos de propiedad. derechos indígenas comunales y el paradigma de la propiedad privada

The professional legal elites in Latin America often legitimate the importation of foreign legal models without neither taking enough attention to local contexts nor making a critical analysis of the imported models. This essay analyzes the arguments of a paradigmatic work of this type that affirms the efficiency and superiority of Anglo-Saxon Law in the regulation of property and the achievement of “economic development”, compared with the Law derived from Spanish colonization. The three theoretical sources of the mentioned work are the theory of legal origins, the private property school and a biased vision of colonization. The aim of this essay is to demonstrate that these theoretical sources have deep ethnocentric roots by making invisible the indigenous communal legality in the colonizer project.     

Homicidal Ideation and Individuals on the Autism Spectrum

Interest in the relationship between autism and violence has increased in recent years; however, no link has clearly been established between them. Researchers remain curious if autistic people with certain traits (e.g., a history of trauma) are at greater risk of violence than those individuals with autism alone. In this article, we detail two individuals with homicidal ideation (HI) admitted to inpatient psychiatric units who were found to have a diagnosis of autism without language impairment. These cases illustrate the need for mental health providers to consider autism in their differential diagnosis when evaluating an individual with HI. Broadly, we consider how an autistic individual could be susceptible to developing HI and explore treatments specific to autistic individuals that may be helpful in such cases.     

The Diagnostic Value of Quantitative Assessment of Diatom Test for Drowning: An Analysis of 128 Water‐related Death Cases using Microwave Digestion‐Vacuum Filtration‐Automated Scanning Electron Microscopy

The value of diatom test for the diagnosis of drowning remains controversial. The conventional forensic diatom test with low sensitivity is not a useful tool to provide accurate information about diatom in the tissues and organs. To improve the sensitivity of the diatom test, we developed a novel method called the Microwave Digestion‐Vacuum Filtration‐Automated Scanning Electron Microscopy (MD‐VF‐Auto SEM) method which resulted in a high recovery of diatoms. In this article, we analyzed 128 water‐related death cases. Our results showed that the MD‐VF‐Auto SEM method could achieve a much higher positive rate (0.97) in drowning cases. Large amounts of diatoms are retained, even concentrated, in the lung tissues during the intense breathing movement in drowning process. This might be useful for the diagnosis of drowning. Our research indicates that the MD‐VF‐Auto SEM method would be a valuable methodology in the study of diatom test for the forensic community.     

Pitfalls in diagnosis of occupational lung disease for purposes of compensation--one physician's perspective

Occupational caused lung disease (OLD) is almost always compensable, either by application to workers' compensation agencies or by a civil lawsuit. For this reason the diagnosis usually comes under close scrutiny. Several pitfalls can occur when a physician diagnoses a patient as having lung disease of occupational origin, especially when compensation is at issue. These pitfalls can trap both the attorney advocate and his client, and lead to a result opposite of that intended (e.g., the claim one supports can be denied). For purposes of discussion I have categorized the pitfalls as follows: A. Making an unsupported medical diagnosis (looking for a "quick fix"). B. Echoing an unsupported diagnosis made by someone else. C. Inadequate clarification of 'impairment' and 'disability.' D. Ignoring or minimizing relevant medical history. E. Arguing against yourself. F. Ignoring the possibility of a rare or unusual diagnosis. G. Not obtaining or reviewing independent chest x-rays and reports. H. Attributing causation with certainty when it is unwarranted by the facts. I. Relying on a claimant's own smoking history. J. Misinterpreting pulmonary function and arterial blood gas tests. K. Missing the real cause of a patient's complaint. L. Diagnosing occupational lung disease without attempting to remove the patient from the cause. M. Confusion over basic terminology and pathophysiology in OLD. N. Using sloppy or incorrect language, including misspelling. O. Not saying "I don't know," when you don't know. Pitfalls in diagnosis generally arise from either physician bias or inadequate evaluation. Although most pitfalls seem to be made by physicians on the plaintiff's side, they are also made by physicians on the defendant's side, as when bias interferes with recognizing a condition that is occupational in origin. Ideally, the fact that diagnosis of OLD involves the legal profession should not affect a physician's objectivity or clinical approach. Physicians have an obligation to help assure that deserving patients receive compensation, and that claimants without a compensable occupational illness are not unjustly rewarded. However, the attorney's need to prove a diagnosis "with medical certainty," and the defendant's need to refute that diagnosis with equal certainty, often skew what would otherwise be a straightforward diagnostic process. Resulting pitfalls in diagnosis can, in the end, trap the physician advocate and the side he is trying to help.     

Diagnosing death by drowning in fresh water using blood strontium as an indicator

The interpretation of the level of strontium (Sr) in blood has been demonstrated to be useful in the diagnosis of death by drowning occurred in sea water, but its use in fresh water drownings is not so evident because of the low Sr concentration present in most of fresh water media. In this paper, we show a survey of the results obtained in the casework analysis of Sr in ventricular blood used in the diagnosis of drowning in 144 bodies found immersed in fresh water over a period of 10 years. Thirty-two percent of the immersion cases examined could be diagnosed as drownings with a reasonable degree of confidence. It is thought that this percentage of positive diagnoses could be largely improved in the case of blood samples taken a few hours after death.