Mixing it up: food mixers, design marks, and when similarity becomes confusion

While the High Court accepted that there was some similaritybetween Kenwood's new kMix mixer and the KitchenAid Artisanfood mixer (the ‘Artisan mixer’) manufactured anddistributed by Whirlpool, it rejected Whirlpool's claims fortrade mark infringement and passing off because such similaritywas insufficient to cause confusion in the mind of the averagedesign conscious consumer, or to cause detriment to the distinctivecharacter or repute of Whirlpool's mark.     

Substantive due process after Gonzales v. Carhart

This Article begins in Part I with a doctrinal evaluation of the status of Washington v. Glucksberg ten years after that decision was handed down. Discussion begins with consideration of the Roberts Court's recent decision in Gonzales v. Carhart and then turns to the subject of Justice Kennedy's views in particular on substantive due process. In Part II, the Article goes on to consider whether the Glucksberg test for substantive due process decision making is correct in light of the original meaning of the Fourteenth Amendment.The Article concludes in Parts II and III that Glucksberg is right to confine substantive due process rights recognition to recognition only of those rights that are deeply rooted in history and tradition.     

Does Dworkin Commit Dworkin's Fallacy?: A Reply to Justice in Robes

In an article entitled ‘Dworkin's Fallacy, Or What thePhilosophy of Language Can't Teach Us about the Law’,I argued that in Law's Empire Ronald Dworkin misderived hisinterpretive theory of law from an implicit interpretive theoryof meaning, thereby committing ‘Dworkin's fallacy’.In his recent book, Justice in Robes, Dworkin denies that hecommitted the fallacy. As evidence he points to the fact thathe considered three theories of law—‘conventionalism’,‘pragmatism’ and ‘law as integrity’—inLaw's Empire. Only the last of these is interpretive, but each,he argues, is compatible with his interpretive theory of meaning,which he describes as the view that ‘the doctrinal conceptof law is an interpretive concept’. In this Reply, I arguethat Dworkin's argument that he does not commit Dworkin's fallacyis itself an example of the fallacy and that Dworkin's fallacypervades Justice in Robes just as much as it did Law's Empire.     

Regularities in Eyewitness Identification

What do eyewitness identification experiments typically show? We address this question through a meta-analysis of 94 comparisons between target-present and target-absent lineups. The analyses showed that: (a) correct identifications and correct-nonidentifications were uncorrelated, (b) suspect identifications were more diagnostic with respect to the suspect’s guilt or innocence than any other response, (c) nonidentifications were diagnostic of the suspect’s innocence, (d) the diagnosticity of foil identifications depended on lineup composition, and (e) don’t know responses were nondiagnostic with respect to guilt or innocence. Results of diagnosticity analyses for simultaneous and sequential lineups varied for full-sample versus direct-comparison analyses. Diagnosticity patterns also varied as a function of lineup composition. Theoretical, forensic, and legal implications are discussed.     

Patient competence and professional incompetence: disagreements in capacity assessments in one Australian jurisdiction, and their educational implications

The determination of capacity to make medical, personal and financial decisions has significant individual and social implications. Medical and other health professionals are traditionally relied on by courts and tribunals to provide clinical and psychometric evidence of the presence or absence of capacity, or competence. Concern has long been expressed over the variability of these assessments. A survey of 285 decisions of the Queensland Guardianship and Assessment Tribunal (GAAT) between 2005 and 2008 was conducted to estimate the incidence of disagreement between health professionals in capacity assessments; to provide examples of conflicting assessments and models of assessment used; and to consider the educational implications of disagreements. While the final capacity determinations by the GAAT appear sound, this case series, and other studies in the capacity literature, strongly suggest the need to improve the education of health professionals, especially doctors, at undergraduate and postgraduate levels, in the practical assessment of capacity as a fundamental clinical skill.     

Criminal victimization in contemporary China: a review of the evidence and challenges for future research

The rapid economic growth in China over recent decades has been accompanied by higher levels of crime, but there have been few studies of the Chinese experience of criminal victimization. A recent victimization survey of a representative sample of households in Tianjin represents a major effort to fill this gap in the literature. The present paper reviews the research based on the Tianjin survey along with other studies of crime and criminal victimization in China that have been published since 1990. We summarize the major findings, discuss the theoretical perspectives and methodological strategies that have been applied, identify the limitations of the research to date, and offer suggestions for future research.

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The discrimination of automotive clear coats by pyrolysis-gas chromatography/mass spectrometry and comparison of samples by a chromatogram library software

Identification particles used for the purpose of the post-blast identification of explosives have a coding system based on the combination of metal oxides and their various concentrations. These materials are composed of the polymeric matrix, iron powder (ferromagnetic properties), UV light active dyestuff and various metal oxides in a various ratios. A suitable analytical method has to be used for an accurate characterization of these metal components in the particles in order to find the required information, i.e. to determine the place and the year of production and as the case may be, also the production batch of misused explosives. In this work, the method of microwave digestion and flame atomic absorption spectrometry (F-AAS) was developed for an accurate determination of Zn, Mg, Cu and Pb in a few novel types of identification particles and applied to their characterization. When using specific sample treatment (digestion with a mixture of nitric acid with hydrochloric or hydrofluoric acid), the 3 sigma limits of detection (LODs) for the determination of Zn, Mg, Cu and Pb in 5mg original samples were 1.9, 0.2, 1.3 and 2.4 mg g(-1), respectively. The signal suppression due to the presence of HNO3+HCl or HNO3+HF was observed for Zn; therefore, the calibration solutions had to be prepared exactly with the same acids as those used for the sample mineralization. The determination of Mg, Cu and Pb was free of interferences; hence a simple calibration curve method could be adopted for attaining accurate results. The accuracy was checked by comparison of the results with those obtained by means of independent inductively coupled plasma optical emission spectrometry (ICP-OES). Good precision values, as relative standard deviation, in the range of 1-5% were obtained. A total number of 71 samples was analysed and classified by multivariate methods to prove the suitability of the procedure proposed for the purpose of the identification of explosives.     

Accepting One's Punishment as Meaningful Suffering

Law and Philosophy -     

Evaluation and applicability of Alere iCup DX 14 for rapid postmortem urine drug screening at autopsy

Performing point‐of‐care urine drug screen testing at autopsy by a forensic pathologist may provide an early indication of the presence of analytes of interest during autopsy. An evaluation for the screening of 14 classes of common drugs of abuse in postmortem urine by the point‐of‐care screening device, Alere iCup DX 14, is presented. One hundred ninety postmortem urine samples were screened with the iCup occurring at autopsy by the forensic pathologist. Positive and negative results obtained from the screening kit were evaluated against confirmatory test results obtained using routine forensic toxicology analyses that employed LC‐MS/MS and GC‐MS to detect a combination of over 85 common drugs of abuse and medications. Sensitivity for each respective iCup drug class ranged from 66% (buprenorphine) to 100% (methadone, tricyclic antidepressants). Specificity for each respective iCup drug class ranged from 89% (benzodiazepines) to 100% (amphetamines, barbiturates, buprenorphine, 3,4‐methylenedioxymethamphetamine, methadone). Positive predictive values ranged from 44% (benzodiazepines) to 100% (amphetamines, barbiturates, buprenorphine, methylenedioxymethamphetamine, methadone), while negative predictive values ranged from 96% (methamphetamine) to 100% (barbiturates, methadone, tricyclic antidepressants). A high false‐positive rate was yielded by the benzodiazepine class. The lack of fentanyl screening in the point‐of‐care device is a significant limitation considering its prolific prevalence in forensic casework. The results obtained in the study should be acknowledged when considering the use of the Alere iCup DX 14 in the context of postmortem casework to help indicate potential drug use contemporaneously with autopsy and when requiring such preliminary results prior to the release of a final forensic toxicology report.