Introduction to Symposium on Keith J. Bybee's All Judges Are Political—Except When They Are Not

This introduction to the symposium on Keith J. Bybee's All Judges Are Political—Except When They Are Not provides a brief synopsis of the book's main argument and identifies some of the unsettled questions generated by the author's innovative treatment of courtesy, hypocrisy, and law.     

Forensic botany: usability of bryophyte material in forensic studies

Two experiments were performed to test the relevance of bryophyte (Plantae, Bryophyta) material for forensic studies. The first experiment was conducted to reveal if, and how well, plant fragments attach to footwear in general. In the test, 16 persons walked outdoors wearing rubber boots or hiking boots. After 24h of use outdoors the boots were carefully cleaned, and all plant fragments were collected. Afterwards, all plant material was examined to identify the species. In the second experiment, fresh material of nine bryophyte species was kept in a shed in adverse conditions for 18 months, after which DNA was extracted and subjected to genotyping to test the quality of the material. Both experiments give support for the usability of bryophyte material in forensic studies. The bryophyte fragments become attached to shoes, where they remain even after the wearer walks on a dry road for several hours. Bryophyte DNA stays intact, allowing DNA profiling after lengthy periods following detachment from the original plant source. Based on these experiments, and considering the fact that many bryophytes are clonal plants, we propose that bryophytes are among the most usable plants to provide botanical evidence for forensic investigations.     

Euthanasia in the new born： doubts and interrogations

The debates on euthanasia are quite common nowadays, but few refer to euthanasia in newborns. But the day-to-day medical activities pose a lot of questions about the medical treatments of premature or newborn infants （with severe malformations which were not detected during pregnancy）. What is the criminal liability of the doctor in case of omission of treatment in newborns with severe birth defects？ The work will focus on an analysis of crimes of abortion, the omission of medical treatment and murder and injuries. At last I will try to identify the main trends to find a solution to the different situations-such as injury of the fetus in utero, the omission of treatment of newborns with severe malformations and the omission of basic health care of infants with minor malformations.     

SNPs in paternity investigation: The simple future

Based on the 52 SNP-plex developed by the SNPforID Consortium, we designed two 10-plex to study single nucleotide polymorphisms (SNPs) for human identification and to establish its usefulness in paternity casework. This 20 autosomal SNP set was studied in 56 paternity investigation cases from South Portuguese resident population, also analyzed with 17 Short Tandem Repeats (STRs). Results obtained with both methodologies were consistent with each other, except for one case where the alleged father could not be excluded by SNPs. No mutation was found in the SNP loci, whereas a mismatch in STRs was detected. The use of SNPs as a complement to the analysis of autosomal STRs in paternity casework can result in paternity index and paternity probability values equivalent or higher than those obtained with more STR loci, but with lower costs. This study shows that instead of using additional STR loci, the analysis of 20 autosomal SNPs, as a complement technique to standard methodologies, is an appealing alternative in paternity investigation cases.     

MtSNP typing before mtDNA sequencing: Why do it?

Analysis of control mitochondrial DNA (mtDNA) hypervariable regions is sometimes the only available method to study hair evidence in forensic casework although being a laborious technique. Nowadays there is a huge interest in new genetic markers such as single nucleotide polymorphisms (SNPs) to type degraded forensic samples. For that purpose, a 10-Plex mitochondrial SNP for haplogroup typing, chosen from several SNP studies and useful to study the most common populations in our laboratory was applied in forensic casework. Hair shafts from three forensic cases with different ethnic backgrounds were studied with mtDNA sequencing and compared with mitochondrial SNPs (mtSNPs) study. Coding mtSNP typing prior to sequencing can allow for a rapid screening in forensic casework, which is emphasized in the first two cases. Moreover, in cases in which mtDNA sequencing fails, mtSNPs can still be detected. This 10 SNP loci multiplex provides a less expensive and simpler method for mitochondrial typing compared to control region mtDNA sequencing, especially when used as a fast screening method.     

Changing biases in the operation of the UK's electoral system, 1950–97

The biased outcomes of recent British general elections, whereby the two main parties (Conservative and Labour) would have achieved different percentages of the seats in the House of Commons for the same percentages of the votes cast, are explored, using a method of bias decomposition developed by a New Zealand political scientist. Overall, the situation changed markedly between 1950 and 1997: the biases in the system strongly favoured the Conservatives in the 1950s and early 1960s, but Labour in 1992 and 1997. Examination of the seven components of the bias measure shows that most of these moved in Labour's favour over the 50-year period, with a major shift between 1992 and 1997 because of the greater geographical efficiency of the Labour party's vote at the latter date: reasons for this are suggested.     

Analysis of Delta9-tetrahydrocannabinol in oral fluid samples using solid-phase extraction and high-performance liquid chromatography-electrospray ionization mass spectrometry

An analytical method using solid-phase extraction (SPE) and high-performance liquid chromatography-mass spectrometry (LC-MS) has been developed and validated for the confirmation of Delta(9)-tetrahydrocannabinol (THC) in oral fluid samples. Oral fluid was extracted using Bond Elut LRC-Certify solid-phase extraction columns (10 cm(3), 300 mg) and elution performed with n-hexane/ethyl acetate. Quantitation made use of the selected ion-recording mode (SIR) using the most abundant characteristic ion [THC+H(+)], m/z 315.31 and the fragment ion, m/z 193.13 for confirmation, and m/z 318.00 for the protonated internal standard, [d(3)-THC+H(+)]. The method proved to be precise for THC, in terms of both intra-day and inter-day analyses, with coefficients of variation less than 10%, and the calculated extraction efficiencies for THC ranged from 76 to 83%. Calibration standards spiked with THC between 2 and 100 ng/mL showed a linear relationship (r(2)=0.999). The method presented was applied to the oral fluid samples taken from the volunteers during the largest music event in Portugal, named Rock in Rio-Lisboa. Oral fluid was collected from 40 persons by expectoration and with Salivette. In 55% of the samples obtained by expectorating, THC was detected with concentration ranges from 1033 to 6552 ng/mL and in 45% of cases THC was detected at concentrations between 51 and 937 ng/mL. However, using Salivette collection, 26 of the 40 cases had an undetectable THC.     

Y-chromosome STR haplotypes in Sweden

A total of 708 men, with Swedish names, from different parts of Sweden have been typed for the Y-chromosome minimal haplotype STR markers DYS19, DYS389I, DYS389II, DYS390, DYS391, DYS392, DYS393 and DYS385. Of these, 403 men were of geographically undefined Swedish origin and the rest, 305, from seven defined geographical regions. PCR-products were detected by ABI377 using sequenced allelic ladders. An evaluation of the 708 chromosomes revealed 423 different haplotypes. Only 100 of the haplotypes were found more than once. The over all haplotype diversity was 0.994. The haplotype 14, 12, 28, 23, 10, 11, 13, 14-14 has the highest frequency of 5.79% and is significantly Swedish, when compared to other European populations.     

Road Closed: Evaluating the Judicial Bypass Provision of the Pennsylvania Abortion Control Act

This paper examines the extent to which Pennsylvania county courts are prepared to implement the judicial bypass provision of the state's abortion statute. Under the Pennsylvania Abortion Control Act it is illegal for physicians to perform abortions on pregnant minors without parental consent. The constitutionality of this requirement has been upheld, but only when states provide a mechanism allowing a minor to bypass parental involvement. The Pennsylvania statute includes a judicial bypass provision that is formally consistent with legal precedent. However, based on a study of how county courts respond to inquiries into the judicial bypass procedure, this paper demonstrates that most courthouses are not prepared to implement or provide accurate information on bypass proceedings. Since the constitutionality of parental involvement requirements is conditioned on the availability of a bypass option, the paper argues that the courts' lack of readiness poses a significant threat to the rights of pregnant minors.