Seeking One's Day in Court: Chinese regime responsiveness to international legal norms on AIDS carriers' and pollution victims' rights

Over the last two decades, international actors have sought to diffuse repertoires of contentious practices, including rights-based litigation, to China. Multilateral organizations, foundations, and international non-governmental organizations (INGOs) have used funding and training programs conducted in China and at law schools abroad in order to raise the capacity of Chinese attorneys, NGOs, judges, and legal officials to improve rule of law and protection of human rights. In particular, international actors have worked with Chinese NGOs and state officials to found legal aid centers that provide information and advocacy to protect the rights of pollution victims and AIDS carriers. Legal aid centers, attorneys, and their financial backers seek to bring forward ‘impact litigation’ cases in the courts to establish model decisions for other plaintiffs, attorneys, and judges to follow. To date, environmental groups have enjoyed more success gaining access to the courts and in receiving favorable court judgments than have AIDS groups. In many cases involving AIDS victims, attorneys and legal aid centers seek compensation through alternative dispute resolution methods rather than litigation, which do not establish a legal precedent. This paper explores the reasons for the divergent outcomes of efforts to protect the rights of pollution victims and AIDS carriers in the courts. Primarily, the institutional particularities and contexts of the Ministry of Environmental Protection and the Ministry of Public Health have allowed international legal norms related to the environment to take deeper root than those related to AIDS.     

Physical components of soft-tissue ballistic wounding and their involvement in the generation of blood backspatter*

Gunshot backspatter comprises biological material expelled backward through bullet entry holes. Crime scene investigators analyze backspatter patterns to infer wounding circumstances. An understanding of the mechanism of backspatter generation, and the relationship between spatter patterns and bullet and tissue characteristics, would enhance the predictive value of such analysis. We examined soft-tissue ballistic wounding responses to determine the underlying components and how these might be relevant to the generation of backspatter. We identified five mechanistic components to ballistic wounding (elastic, viscous, crushing, cutting, and thermal), each related to mechanical disciplines (respectively, solid mechanics, fluid mechanics, fracture mechanics, rheology, and thermodynamics). We identified potential roles for these five components in backspatter formation and provide a scenario whereby a sequence of events incorporating these components could lead to backspatter generation and expulsion. This research provides a framework for the mathematical representation, and subsequent computational predictive modeling, of backspatter generation and pattern formation.     

“Critical Legal Histories Revisited”: A Response

The author responds to comments reappraising “Critical Legal Histories” (CLH) (1984). CLH critiqued “evolutionary functionalism,” the idea that law is a functional response to a typical modernizing process. CLH argued that “society” was partly constituted of legal elements and that law was too indeterminate to have reliably regular functional effects. CLH has been misinterpreted as calling for a return to internal histories of “mandarin” doctrine: all it said was that some doctrinal histories were valuable, without privileging them. This response clarifies that the relations of law to society and social change, and of high‐level official law to everyday local law are distinct issues. CLH is mostly moot today, since social‐legal historians have incorporated its insight that legal concepts are embedded in everyday social practice. But other fields have revived deterministic Whiggish accounts of progressive development and of law functional to it—to which CLH's critique still seems relevant.     

Evidence-informed or value-based? exploring the scrutiny of legislation in the UK Parliament

This article argues that three types of factor – process, subject and political circumstance – are likely to affect the extent to which claims of evidence are made during legislative scrutiny. It draws upon case studies of the National Minimum Wage Act 1998, the Academies Act 2010 and the Welfare Reform and Work Act 2016, utilising interviews with those involved and information from Hansard. The article concludes that these cases highlight that while there might be potential benefits from a yet more robust legislative scrutiny process, including greater use of pre-legislative scrutiny and the ability of public bill committees to take evidence from a wider range of witnesses and on all bills, subject and political factors would be likely to mean that the use of claims of evidence would continue to vary widely.     

Validation of the Cozart microplate EIA for analysis of opiates in oral fluid

The purpose of this study was to determine the performance characteristics of the Cozart microplate EIA for detecting opiates in oral fluid from patients in a drug misuse treatment program. Oral fluid samples were collected using the Cozart RapiScan Collection System from 216 donors who were receiving treatment for their addiction and were monitored for drug abuse. A further 40 oral fluid samples were collected from volunteer donors who were not drug users. The samples were analyzed in the laboratory by using the Cozart microplate EIA for opiates and confirmed using gas chromatography-mass spectrometry (GC-MS). The samples were stored frozen until analysis by GC-MS. The intra-assay precision for the Cozart microplate oral fluid EIA for opiates over 40 assays was 0.43% to 9.13% CV (within assay) and 2.9% to 9.1% CV (within day). A total of 109 samples were positive for various opiates. The Cozart microplate EIA for opiates in oral fluid, using a cut-off of 30 ng/ml morphine equivalents in neat oral fluid, had a sensitivity of 99.1 +/- 2.1% and a specificity of 94.4 +/- 2.2% versus GC-MS. A series of potential adulterants of oral fluid were evaluated and shown not to alter the outcome of the test result.     

Evaluation of the Cozart RapiScan drug test system for opiates and cocaine in oral fluid

The purpose of this study was to evaluate the efficiency of the Cozart RapiScan (CRS) drug test system for detecting opiates and cocaine in oral fluid. Oral fluid samples were collected using the Cozart RapiScan collection system from 358 donors who were receiving treatment for their addiction and were monitored for drug misuse. A further 103 oral fluid samples were collected from volunteer donors who were not drug users. The samples were analyzed in the laboratory using the two-panel Cozart RapiScan cartridge for opiates and cocaine and confirmed using gas chromatography-mass spectrometry (GC-MS). The samples were stored frozen at -20 degrees C until analysis by GC-MS. The overall accuracy of the CRS for both opiates and cocaine was 100%. Samples spiked at 50% above and below the cut-off consistently gave negative and positive results respectively. A total of 88 samples were positive for various opiates and 111 samples were positive for cocaine and/or its metabolites. The CRS for opiates and cocaine in oral fluid, using a cut-off of 30 ng/mL morphine or benzoylecgonine equivalents in neat oral fluid, had overall efficiencies of 98% and 99%, respectively, versus GC-MS. A series of potential adulterants of oral fluid were evaluated and shown not to alter the outcome of the test result.