Parallel imports from outside the EEA: CE marking does not constitute consent

The High Court for England and Wales has ruled that a trademark owner who marks products with the CE mark does not unequivocallyconsent to the marketing of those products in the EEA for trademark purposes.     

Population affinities of 19th Century Cuban crania: implications for identification criteria in South Florida Cuban Americans

Identification criteria, specifically discriminant function formulae derived from traditional craniometrics, currently used in South Florida for Cuban Americans and other "Hispanic" groups, are unsuitable to provide adequate biological profiles due to complex biological histories as well as widely diverse geographic origins. Florida's total population is approximately 16 million (15,982,378) individuals. Of the total population 2.682,715, or 16.8%, are self-identified as "Hispanic". South Florida (herein defined as Miami-Dade, Broward and Collier Counties) is home to 60% of the total Hispanic population of Florida with 1,291,737 (48.15%) residing in Miami-Dade County. The Hispanic population of Miami-Dade County makes up 57.0% of the total population of 2,253,362. Each recognized sub-group of Hispanics (Mexican, Puerto Rican, and Cuban) includes its own geographic point-of-origin and population history. Cuban-Americans (arriving in the late 1950's and early 1960's) make up the largest sub-population of Florida's Hispanics in any county and in Miami-Dade number 650,601 or 51% of the total Latin population. Additionally, as in other agricultural states, Florida has a very large population of undocumented workers who primarily arrive from Texas and points south of the Straits of Florida. Thus the application of the available traditional craniometric and non-metric methods are not appropriate for South Florida's Latin population. To begin to address this issue in relation to South Florida's Cuban population, we present an analysis of cranio-facial shape variation in a 19th Century Cuban sample, 17th Century Spanish sample, a Precontact Cuban sample, and Terry Blacks using geometric morphometric methods. Significant biological shape differences and patterns of variation are observed among the groups. These results provide us with a context in which to begin to understand the biological variation of Cuban Americans, which will enable the development of identification criteria specific for this U.S. hybrid Hispanic community.     

Substituted consent: from lunatics to corpses

This analysis traces the origins and evolution of the doctrine of surrogate or substituted judgment, especially its application to medical treatment, including non-therapeutic sterilisation, decisions regarding life and death choices, and more recently, removal of sperm or eggs from incompetent, dying or dead males and females. It argues that the doctrine, which has been acknowledged to be a legal fiction, has an effect of devolving legal and moral responsibility for life and death choices, as well as non-consensual, non-beneficial intrusive procedures, from the competent decision-makers to the incompetent patient. It focuses on the subjective nature of the substituted judgment standard; the problematic nature of evidence propounded to establish the putative choices of the incompetent person; lack of transparency relating to the conflict of interest in the process of substituted judgment decision-making; and the absence of voluntariness, which is an essential element of a valid consent.     

Competence to give informed consent for medical procedures

This study shows that referrals to psychiatry for evaluation for competence to give informed consent generally were made on patients who refused medical treatment. In this sample of referred patients, the only patients found to be incompetent to give informed consent were those with organic brain syndromes. No one with either schizophrenia or depression was found to be incompetent. It is possible that schizophrenic and depressed patients may generally be competent to give informed consent to medical treatment. This finding might be true notwithstanding the fact that many such patients have been found in other studies to be incompetent to consent to voluntary psychiatric treatment. For example, a patient may have delusions that others can read his mind and thoughts, but he still can understand that he needs dialysis for renal failure. Alternatively, it may be relatively rare that an emergency procedure is necessary before a patient's psychosis can be brought under control and consequently internists and surgeons themselves may prefer to wait. The significance of the results is unclear. Because of active interest in the doctrine of informed consent for psychiatric and medical patients by both physicians and attorneys and the few studies within this population, there is a strong need for more study regarding competence to give informed consent. Further study is especially important for psychotic patients for whom psychiatric consultation is not requested.(ABSTRACT TRUNCATED AT 250 WORDS)     

The search engine's dilemma: implied licence to crawl and cache?

A German court rules that web publishers who choose not to usewidely available technical protection measures, such as therobot exclusion protocol (robot.txt), grant an implied licenceto search engines to crawl and cache for the purpose of indexingcontent on the internet.