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961.
Property is a complex sign in semiotics. It is also the source of tension and conflict in law. This paper examines property in triadic terms consisting of what Charles S. Peirce would identify as the icon (firstness), the index (secondness), and the symbol (thirdness). From this perspective the paper explores the ideas of place, space, and time at the iconic level of the sign of property. Discussion addresses the way in which property serves as a coded system for communicating information about a given community’s values and its cultural-interpretive hierarchy. Much like an aboriginal songline, property functions as a way of imprinting the land with impressions of social ordering related to place, space, and time. In the context of global trade we therefore observe property conflicts which are sometimes not so much about the technical language of property as they are about tensions among the embedded values in competing signs of property.
Robin Paul MalloyEmail:
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962.
Death, like many social problems, has become medicalized. In response to this medicalization, physician-assisted suicide (PAS) has emerged as one alternative among many at the end of life. And although the practice is currently legal in the states of Oregon and Washington, opponents still argue that PAS is unethical, is inconsistent with a physician's role, and cannot be effectively regulated. In comparison, Switzerland, like Oregon, permits PAS, but unlike Oregon, non-physicians and private organizations play a significant role in assisted death. Could the Swiss model be the answer? The following essay explores the Swiss model of assisted suicide for its potential to enhance the regulation of PAS, reduce physician involvement, and perhaps demedicalize the way we die.  相似文献   
963.
Purpose. There were three objectives of this study: (1) To assess the possibility of using pupil diameter as an index of deception in the context of a comparison question polygraph test. (2) To determine if pupil diameter would make a significant contribution to an optimal multivariate classification equation in combination with the traditional predictor variables used in field polygraph practice. (3) We explored the possibility of replacing one or more of the traditional predictor variables with pupil diameter. Methods. We used a laboratory mock crime experiment with 24 participants, half of whom stole $20 (US) from a secretary's purse. Participants were tested with a comparison question test modelled after standard field practice. Physiological measures were taken with laboratory quality instrumentation. Features were extracted from the physiological measures. Those features were subjected to a number of different statistical analyses. Results. Innocent participants showed larger increases in pupil diameter in response to probable‐lie questions than to relevant questions. Guilty participants did not show differential responding to the question types. The additional of pupil diameter to a multivariate classification model approached, but did not reach significance. Subsequent analyses suggest that pupil diameter might be used to replace the traditional relative blood pressure measure. Conclusions. Pupil diameter was found to be a significant predictor variable for deception. Pupil diameter may be a possible replacement for the traditional relative blood pressure measure. Additional research to explore that possibility would seem to be warranted.  相似文献   
964.
Abstract:  Within the Better Regulation programme of the EU, co-regulation is promoted as an important strategy to improve the regulatory environment within Europe. It is assumed that co-regulation can enhance the legitimacy of EU governance in the field where this strategy is used. The purpose of this article is to assess the truth of this premise and to analyse whether co-regulation strengthens the legitimacy of EU governance. To this end, the criteria of input and output legitimacy are applied to the European social dialogue as a form of co-regulation in the EU policy area of social law. In this article, a link is made between the tendency to prescribe co-regulation as a specific regulatory strategy in EU legislative policy and the existing knowledge on the purposes and effects of co-regulation and the conditions under which co-regulation can function as a regulation strategy.  相似文献   
965.
In patients with gunshot injuries, it is easy to detect a projectile within the body due to the high-density of the object, but artefacts make it difficult to obtain information about the deformation and the exact location of the projectile in surrounding tissues. Cone-beam computed tomography (CBCT) is a new radiological imaging modality that allows radio-opaque objects to be localised and assessed in three dimensions. The full potential of the use of CBCT in forensic medicine has not yet been explored.In this study, three different modern projectiles were fired into the heads of pig cadavers (n = 6) under standardised conditions. Tissue destruction and the location of the projectiles were analysed separately using CBCT and multi-slice computed tomography (MDCT).The projectiles had the same kinetic energy but showed considerable differences in deformation behaviour. Within the study groups, tissue destruction was reproducible. CBCT is less severely affected by metallic artefacts than MDCT. Therefore CBCT is superior in visualising bone destruction in the immediate vicinity of the projectile and projectile deformation, whereas MDCT allows soft tissue to be evaluated in more detail.CBCT is an improved diagnostic tool for the evaluation of gunshot injuries. In particular, it is superior to MDCT in detecting structural hard-tissue damage in the immediate vicinity of high-density metal projectiles and in identifying the precise location of a projectile in the body.  相似文献   
966.
One enduring conflict area in police–minorities relations is the distrust of the police by minorities and consequently, the low level of confidence in the police among racial minorities. This stems from the impact of race in policing; and the perception that racial discrimination is a feature of criminal justice systems across the world has intensified. Moreover, race controversy is not new in police work. It is against this background that many police establishments are becoming increasingly frustrated by ethnic minority /immigrant allegations that they are being singled out as easy targets for police stop and search practices. In Finland, however, only little is known about immigrants’ views of police interaction, and perceptions of police discrimination in the country. Moreover, the police force in Finland may also be characterised by discriminatory mechanisms which are found in police institutions of other Western states where there has been more extensive research on the issue. The aim of the present study is to examine the attitude of immigrants toward the police by seeking to place the patterns of immigrants’ interaction with the police into context using their experiences as the basis of the analysis. The study also evaluates the impact of “ethnicity” in immigrants’ police experiences in our attempt to better understand how immigrants are subjected to stereotypical behaviour within the criminal justice system despite the fact that the police are tasked with carrying out their mandate to protect every citizen in the country. Thus, the interactions of immigrants with the police are our focus of analysis in our quest to understand new challenges brought about by the new immigrants in Finland. One thing is certain, however: police are not immune from racial conflict; as they continue to operate within our societies regardless of the ethnic composition of the country must be considered as a major policy issue of legal analysis. Therefore, the cultural and contextual nature of immigrants’ interaction with the police and the author's analysis will serve as the basis for assessing what may be required to ensure that discrimination is eliminated from the criminal justice system in the country.  相似文献   
967.
The exercise of synchronic self-control is the way in which an actor can attempt to bring a desire into alignment with his better judgement at the moment and during the interval of time over which, but for the exercise of such self-control, the desire would become the actor’s preponderant desire, which the actor would then translate into an act contrary to his better judgment. The moral psychology of an actor who fails to achieve such self-control can be analyzed in two ways. One way is meant to be consistent with compatibilist metaphysics; the other with libertarian metaphysics. The implications of these analyses for the criminal law are complicated, but perhaps the most important is this: the criminal law should in principle recognize a partial excuse for an actor who exercises synchronic self-control but who gives up his effort because he believes that he can no longer continue to resist. His effort to achieve self-control thus fails, and he ends up translating into action the very desire he set out to control.
Stephen P. GarveyEmail:
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968.
This paper examines the economic logic underlying bundles andtie-in sales and uses the lessons learned from that examinationto analyze seven specific instances of bundling that have beenthe subject of antitrust scrutiny or other policy initiatives.Of particular interest are products that are nonrivalrous inconsumption, making all-you-can-eat pricing a viable candidatefor efficiency. The main economic points are the following:À-la-carte pricing may populate economic models, butmost products are bundles. They are bundles because bundlesare generally more efficient. Tie-in sales are much less commonand often not properly understood in textbook discussions. Marketforeclosure, the principal efficiency concern with tying andbundling, is likely to be exceedingly rare. The seven instancesof bundling (ties) examined in the paper are: cable television;patent pools; blanket licenses; iPods and iTunes; telephones;music albums and songs; operating systems and component programs.  相似文献   
969.
We analyzed the coding regions of the cardiac calcium-handling genes, ryanodine receptor 2 (RyR2) and calsequestrin 2 (CASQ2) for genetic variants in a healthy Chinese population (n = 95) and in a cohort of 28 sudden unexplained death victims. Mutations in RyR2 and CASQ2 have been shown to alter calcium homeostasis during excitation–contraction coupling and predispose individuals to fatal cardiac arrhythmias. The genetic screening was accomplished by denaturing high-performance liquid chromatography and DNA sequencing methods. Genetic analysis revealed the following non-synonymous genetic variations: two reported RyR2 polymorphisms; 5654G>A (G1885E) and 5656G>A (G1886S), two reported CASQ2 polymorphisms; 196A>G (T66A) and 226G>A (V76M) and one novel CASQ2 mutation; 529G>C (E177Q). The functional significance of the novel CASQ2 mutation has not been evaluated and characterized. This study shows that multiple genetic variations of the RyR2 and CASQ2 genes exist in the two study populations. The inter-individual genetic variability may underlie the different susceptibility of individuals to developing ventricular tachycardia. The research results will be valuable for which future work involving clinical and forensic samples can be based upon to distinguish potential disease-associated mutations from common polymorphisms.  相似文献   
970.
We report a case of meningitis caused by Comamonas testosteroni in a 54-year-old, alcoholic, homeless man. He, as a pedestrian, was struck by a car and suffered multiple fractures of the facial bones including the left frontal sinus. Over the course of 2-week hospitalization, he was clinically diagnosed with multiple cerebral and cerebellar infarcts resulting in altered mental status. He was pronounced dead 15 days after the injury. At the time of autopsy, diffuse purulent meningitis was found on gross examination. A swab culture of the brain surface was positive for C. Testosteroni, a saprophytic organism commonly found in soil and water. This is the first reported case of fatal meningitis caused by this micro-organism.  相似文献   
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