Is there recent progress in the estimation of the postmortem interval by means of thanatochemistry?

Numerous methods have been proposed in the last 60 years for the determination of the time since death by chemical means. Many of them were reviewed by Schleyer in his monograph on the determination of the time since death by means of thanatochemistry about 40 years ago and none of these early methods has gained any practical value since they do not meet the demands in practice (being precise, reliable, giving an immediate result). While the earlier studies were mainly carried out on blood and cerebrospinal fluid (CSF) since the late 60s most investigations have been performed on vitreous humor (VH). This is mainly due to the fact that vitreous humor is topographically isolated and well protected, and thus, autolytic changes proceed slower compared to blood and CSF. The most studied parameter in VH is potassium and even nowadays reports on the postmortem rise of vitreous potassium are published, proposing new analytical methods or statistical evaluations. Chemical parameters studied for the determination of the time since death have to be differentiated according to the underlying process (catabolism, metabolic processes, pure autolysis and diffusion, putrefactive changes). In the present paper, recent studies on thanatochemistry are discussed regarding the underlying process, the analytical methods (for instance H magnetic resonance spectroscopy (1H MR spectroscopy), immunohistochemistry), the studied fluid compartment, the statistical evaluation and the precision of death time estimation. The value of chemical methods for the determination of the time since death is up to now very limited. This is supported by the fact that field studies on the reliability and precision of death time estimation by chemical means are still scarce in the literature.     

Is forensic science in danger of extinction?

Observations of modern day forensic science has prompted asking the question of whether this field is in danger of extinction. Although there have undoubtedly been meaningful advancements in analytical capabilities, we have overlooked several unintended practical and philosophical consequences. This article addresses three main areas of concern: the declining role of the generalist in an era of increased specialization, the role of education in preparing the next generation of forensic scientists, and the implementation of advanced instrumentation with a focus on statistical significance and field deployable instrumentation.     

Is the Treatment of Economic Loss by the Australian Courts in Torts Cases Anomalous?

The well developed economic theory of tort liability has never been able to comfortably accommodate negligence cases causing pure economic loss as opposed to physical damage or injury. In fact, contrary to received opinion, Australian Courts at least, are increasingly allocating pure economic losses to achieve predominantly an efficiency objective, with corrective justice notions relegated into the background. Consequently, it is difficult to classify these cases as anomalous in the sense of falling outside the efficiency paradigm.JEL Classification: K13     

Coordination of Legal Systems by the Recognition of Foreign Judgments — Rethinking Reciprocity in Sino-Japanese Relationships

In the era of globalization, commercial transactions readily gain international dimensions and are increasingly delocalized. With a view to establishing effective dispute resolution mechanisms, it is desirable that judgments rendered in one state be recognized and enforced in other states. This is especially important in East Asia, as cross-border business activities are rapidly expanding along with its economic growth. This paper aims to examine the recognition and enforcement of judgments in civil and commercial matters in East Asia with a focus on Sino–Japanese relationships, where the establishment of a reciprocal relationship has posed a considerable challenge. It is worth considering how we can gradually pave the way towards the mutual recognition and enforcement of judgments to achieve coordination among legal systems.     

Is the power of a state to impose sales tax in Nigeria fettered by the imposition of value added tax by the federal government?

The imposition of sales tax by some states in Nigeria has been resisted on the grounds either that a state lacks the power to impose taxes under Nigeria’s constitution or that a state cannot validly impose sales tax as long as the Value Added Tax Act, a federal law, remains in force, the Value Added Tax Act having ‘covered the field’. This article contends that none of these grounds is valid under Nigeria’s constitution: a state government can impose sales tax in exercise of its residual powers; and the doctrine of covering the field is inapplicable in the inquiry.     

How Many Seats in Congress Is Control of Redistricting Worth?

How large a benefit is partisan control of the redistricting process? Do legal constraints on redistricting—such as the preclearance requirement of the Voting Rights Act—alter this benefit? Are institutions designed to reduce the benefit to partisan control—such as redistricting commissions—effective? To measure the effects of partisan districting on the electoral fortunes of the parties, we collect data on the partisan composition of state government, House election outcomes, and moderating institutions over an 80-year period. Our results suggest that over time, both parties have benefited from unified control, with the effects largest in states where voters were evenly divided among the parties and smallest in states where the controlling party had a large advantage in the electorate. The effects have changed over time, with both parties having equally benefited from control during the middle of the 20th century, the benefit largely disappearing in the late part of the century, and the Republican Party seeing a moderate advantage from control in the current century. The benefits of partisan control were not diminished in states with redistricting commissions. The preclearance requirement appears to have hurt the Democratic Party except when its vote share was very low. The aggregate effects of partisan redistricting are moderate in magnitude—in the modern period, this effect has typically been less than 10 House seats, with the last election where control of the House would have flipped in expectation occurring in 1954.     

Decision-making by machines: Is the ‘Law of Everything’ enough?

Machines have moved from supporting decision-making processes of humans to making decisions for humans. This shift has been accompanied by concerns regarding the impact of decisions made by algorithms on individuals and society. Unsurprisingly, the delegation of important decisions to machines has therefore triggered a debate on how to regulate the automated decision-making practices. In Europe, policymakers have attempted to address these concerns through a combination of individual rights and due processes established in data protection law, which relies on other statutes, e.g., anti-discrimination law and restricting trade secret laws, to achieve certain goals. This article adds to the literature by disentangling the challenges arising from automated decision-making systems and focusing on ones arising without malevolence but merely as unwanted side-effects of increased automation. Such side-effects include ones arising from the internal processes leading to a decision, the impacts of decisions, as well as the responsibility for decisions and have consequences on an individual and societal level. Upon this basis the article discusses the redress mechanisms provided in data protection law. It shows that the approaches within data protection law complement one another, but do not fully remedy the identified side-effects. This is particularly true for side-effects that lead to systemic societal shifts. To that end, new paradigms to guide future policymaking discourse are being explored.     

Is Partner Aggression Related to Appraisals of Coercive Control by a Partner?

Research and clinical reports on men who are aggressive towards their intimate partners find that these men tend to behave in highly controlling ways towards such partners (e.g., restricting their social interactions, monitoring of activities, and reducing decision-making power). This study tests the hypothesis that men and women in violent dating relationships appraise such behaviors differently than individuals in nonviolent relationships. Based on clinical and empirical partner abuse literature, 119 college students rated the extent to which they perceived hypothetical behaviors towards a partner as controlling. Results suggest that individuals who had either engaged in or received partner aggression appraised restrictive, domineering, and coercive behaviors from a male to a female partner, and from a female to a male partner as less controlling than individuals who had neither perpetrated nor received partner aggression. Men also viewed those behaviors as less controlling than did women. Generalizability, clinical implications, and directions for future research are discussed.     

Is the doctor in? The evolving role of organized medicine in health policy

Until recently, physicians were viewed as the dominant player in health policy. Now, however, they compete with many other effective interest groups. This article analyzes this changing role, and specifically how organized medicine has changed its approach to influencing health policy. The essay begins with a review of the reasons for the growth and subsequent decline of physicians' influence. This is followed by a case study of physician payment reform under Medicare, which illustrates the ways in which organized medicine chooses when and when not to cooperate with government. The article concludes with a discussion of where physicians are likely to continue to be influential in future health policy reform. Three such areas are noted: payment policy, quality and clinical innovation, and medical education and training.     

Is there progress in the autopsy diagnosis of sudden unexpected death in adults?

Sudden death is now currently described as natural unexpected death occurring within 1h of new symptoms. Most studies on the subject focused on cardiac causes of death because most of the cases are related to cardiovascular disease, especially coronary artery disease. The incidence of sudden death varies largely as a function of coronary heart disease prevalence and is underestimated. Although cardiac causes are the leading cause of sudden death, the exact incidence of the other causes is not well established because in some countries, many sudden deaths are not autopsied. Many risk factors of sudden cardiac death are identified: age, gender, heredity factors such as malignant mutations, left ventricular hypertrophy and left ventricle function impairment. The role of the police surgeon in the investigation of sudden death is very important. This investigation requires the interrogation of witnesses and of the family members of the deceased. The interrogation of physicians of the rescue team who attempted resuscitation is also useful. Recent symptoms before death and past medical history must be searched. Other sudden deaths in the family must be noted. The distinction between sudden death at rest and during effort is very important because some lethal arrhythmia are triggered by catecholamines during stressful activity. The type of drugs taken by the deceased may indicate a particular disease linked with sudden death. Sudden death in the young always requires systematic forensic autopsy performed by at least one forensic pathologist. According to recent autopsy studies, coronary artery disease is still the major cause of death in people aged more than 35 years. Cardiomyopathies are more frequently encountered in people aged less than 35 years. The most frequent cardiomyopathy revealed by sudden death is now arrhythmogenic right ventricular cardiomyopathy also known simply as right ventricular cardiomyopathy (RVC). The postmortem diagnosis of cardiomyopathies is very important because the family of the deceased will need counseling and the first-degree relatives may undergo a possible screening to prevent other sudden deaths. In each case of sudden death, one important duty of the forensic pathologist is to inform the family of all autopsy results within 1 month after the autopsy. Most of the recent progress in autopsy diagnosis of sudden unexpected death in the adults comes from molecular biology, especially in case of sudden death without significant morphological anomalies. Searching mutations linked with functional cardiac pathology such as long-QT syndrome, Brugada syndrome or idiopathic ventricular fibrillation is now the best way in order to explain such sudden death. Moreover, new syndromes have been described by cardiologists, such as short-QT syndrome and revealed in some cases by a sudden death. Molecular biology is now needed when limits of morphological diagnosis have been reached.     

Is the appearance of macrophages in pulmonary tissue related to time of asphyxia?

In order to connect the appearance of macrophages and giant cells in pulmonary tissue with the time of asphyxia the authors analyzed 50 asphyxiated human lungs paying their attention on the number of alveolar and interstitial macrophages and giant cells. They compared histological specimens of 25 asphixiated humans lungs following a slow asphyxia (30 min or more) with 25 histological specimens of asphyxiated human lungs following a rapid asphyxia (10-15 min). Alveolar and interstitial macrophages and giant cells per section, were considered and numbered. Controls were done on histological examination of traumatized lungs. In the pulmonary alveoli following on acute asphyxia there were 27.7+/-4.4 macrophages per section. Subjects dead after a slow asphyxiation showed 68.2+/-7.1 alveolar macrophages per section (p<0.001). Interstitial macrophages were also frequently present. No differences are detectable in the number of polynuclear giant cells between rapidly and slowly asphyxiated human lungs. The number of alveolar and interstitial macrophages per section can be considered as a further histological evidence of a slow asphyxia and can differentiate a slow asphyxia from an acute one.     

Is it possible to differentiate mtDNA by means of HVIII in samples that cannot be distinguished by sequencing the HVI and HVII regions?

The mitochondrial control region includes three so-called hypervariable (HV) regions, in which the polymorphic positions show a particularly high frequency. According to a population study of 200 unrelated individuals from Germany, HVI (positions 16,024-16,365, according to Anderson) showed 88 variable positions in a total length of 342 bp (26%) and HVII (positions 73-340) displayed 65 mutable sites in 268 bp (24%). HVIII (positions 438-574) exhibited a slightly lower variability, with 25 polymorphic sites within 137 bp (18%), but contrasted clearly with the background, which showed variability rates of only 7% (positions 16,366-16,569, 1-72) and 3% (positions 341-437), respectively. At present, the displacement (D)-loop database in Magdeburg comprises 904 sequences of the mitochondrial HVI region and HVII region from Germans, Austrians and Swiss. By means of this material, the extent to which the mtDNA sequences that do not differ in the HVI and HVII regions can be differentiated by additionally sequencing HVIII was investigated.     

Is EU Administrative Law Failing in Some of Its Crucial Tasks?

Beneath the surface of steady changes in EU administrative law lurk a number of long‐term, structural problems. In this article, I argue that, because of these structural problems, EU administrative law is failing in some of its crucial tasks: (1) finding a balance between administrative convergence and administrative diversity within the EU legal system, (2) structuring administrative power and its exercise, (3) governing administrative instability. EU administrative law, however, is not necessarily trapped in the status quo. By identifying and articulating a number of long‐term problems, this article aims at providing some tools that future research could use in the discussion on the possible ways forward. More generally, it suggests that EU administrative law should be reshaped as a project of institutional design.     

Excessive spending by firms to avoid accidents: Is it a concern in practice?

Shavell’s [Shavell, S. (1986). The judgment proof problem. International Review of Law and Economics, 6, 45–58] original model of the judgment proof problem treats costs of care to prevent accidents as non-monetary. Noting that this is unrealistic when injurers are firms, several authors have found that with monetary care costs, some judgment-proof firms perversely take excess rather than insufficient care. In this paper, we make explicit the quite specific assumptions required for the excess-care result to arise even in theory, and demonstrate that, even under these assumptions, the result is likely to be quantitatively unimportant. We also suggest an alternative model that, while treating care costs as monetary, avoids the excess-care result.     

A time to regulate? Possible implications of European human rights law on abortion in Northern Ireland

Since the introduction of the Abortion Act 1967 the legality and status of abortion in Northern Ireland, being excluded from the provisions of the 1967 Act, has remained shrouded in uncertainty. In light of the introduction of the Human Rights Act 1998, this article will explore whether this inconsistency in the UK is in breach of the provisions laid down in Articles 8 and 14. It will be shown that while compelling arguments can be built under these provisions, perhaps the most persuasive arguments in favour of law reform are the inequities that the current legal regime has perpetuated.     

Is it Fair to Share? Perceptions of Fairness in the Division of Housework Among Couples in 22 Countries

This study explores the relationship between the actual division of housework and men’s and women’s perceived fairness in this regard. The central question is how the actual sharing of housework influences the perceptions of fairness in the division of housework. It is hypothesised that the perceptions of fairness differ between policy models. In countries where gender equality has been more present on the political agenda and dual-earner policies have been introduced, people are expected to be more sensitive to an unfair sharing or division of housework. By analysing the relationship between actual division of housework and perceptions of fairness in household work for 22 countries representing different family policy models, the study takes on a comparative perspective with the purpose of analysing the normative impact of policy. The analysis draws on data from the 2002 round of the International Social Survey Programme on family and changing gender roles. The results show that in countries that have promoted gender equality through the introduction of policies with an aim to promote dual roles in work and family, both women and men are more sensitive to an unfair division of household labour. The difference between perceptions in the different policy models is greater among men than among women, indicating that a politicization of the dual-earner family is more important for men’s equity perceptions than women’s.     

Incidence of Low Body Mass Index in the Elderly in Forensic Cases—A Possible Marker for Frailty Syndrome?

Diagnosing frailty syndrome at autopsy may be difficult if no adequate clinical history is provided. As low body mass index (BMI) may be associated with frailty in the elderly, the following study was undertaken to determine the percentage of medicolegal cases with BMIs < 18.5 in decedents aged over 75 years. Review was undertaken over three time periods: January to December 1986, January to December 2006, and January to December 2012. In 1986, 16% (15 of 93) of individuals aged ≥75 years had BMIs < 18.5, in 2006, 15% (50 of 336), and in 2012, 13% (35 of 274). In no case was frailty syndrome mentioned. This study demonstrates that frailty syndrome appears to be an underappreciated diagnosis in forensic practice despite a significant percentage of elderly decedents (13–16% over a 27‐year period) having low BMIs. Prospective assessment of this group is required to determine the incidence and contribution to mortality of frailty syndrome in a forensic context.     

A Multidimensional Approach to Ascertaining Individual Differentiation and Consistency in Serial Sexual Assault: Is It Time to Redefine and Refine?

Whilst investigative use of behavioural evidence to help link and solve serial offences has long been in use, the empirical and theoretical grounds for whether and how to use this evidence effectively have begun to emerge only in recent decades. The present study empirically tested (a) the potential for effectively differentiating between rape offence crime scenes using quantitative and qualitative distinctions within the behavioural dimensions of control, violence, and sexual activity, and (b) the extent to which redefining behavioural consistency more broadly to include dynamic trajectories of behavioural change may be more effective than limiting this definition to behavioural stability. Results confirmed that sexual offences can be successfully differentiated based on the specific degree and subtype of these behavioural dimensions present in each crime scene. The analysis of consistency and behavioural trajectories showed that whilst none of the offenders exhibited complete consistency across behavioural dimensions, a subsample of offenders remained fully consistent in at least one. Furthermore, of those who were not consistent, the vast majority followed an identifiable trajectory of change. Findings are discussed in the context of psychological theories of behavioural consistency as well as practical aspects of advancing the utility of behavioural linkage.     

Is Police Integrity an Important Predictor of Citizen Satisfaction in Police in Post-colonial Emerging Democracies? The Case of India

The focus of this study is to examine citizen satisfaction with the police. Specifically, the authors aim to understand the factors that determine citizen satisfaction with police services in India, a former English colony and a relatively new republic that has achieved a significant economic development in recent decades. Findings from analysis of a convenience sample (N = 845) obtained from four Northern states in India suggest that perceived procedural fairness, fear of crime, and age of the respondents predict satisfaction with police services. Moreover, perceived professionalism of police officers is found to increase their perceived procedural fairness.     

Is the Assessment of Dental Age by the Nolla Method Valid for Eastern Turkish Children?

The aim of this study was to investigate whether or not the Nolla method is appropriate for Turkish children for the determination of the dental age (DA). A group of 719 children between the ages of 6 and 18 years were included in the study. DAs from orthopantograms by the Nolla method were estimated. The results obtained were compared with chronologic age (CA). Paired t and the Wilcoxon tests were performed. Both genders were underestimated in dental maturity when compared with the reference samples in total (-0.3 years) (p<0.01). The differences in girls were statistically significant in total and in all groups except for 7-7.9. The differences in boys between the CAs and DAs were not statistically significant in total and in all groups except for 7-7.9 and 8-8.9. Although the accuracy of this method was suitable for boys, according to our findings, it was not suitable for girls.