Judicial Federalilsm and Equality Guarantees in State Supreme Courts

The new judicial federalism emphasizes state court relianceon state constitutional grounds for the enhanced protectionof individual rights. Commentary in the legal literature givesthe impression of much state court activism in this area. However,a quantitative analysis of 2,286 equal protection cases decidedby state supreme courts between 1975 and 1984 shows much lowerlevels of the exclusive use of state constitutions. The dataalso reveal significant regional variations in the nature ofequal protection cases filed, the types of alleged discrimination,the use of independent and adequate state grounds, and the frequencyof judicial invalidation of state action. These variations areexplored in terms of political culture, the institutional featuresof the state judiciary, and the content of state bills of rights.     

The economic analysis of public law

Law and economics in the United States and Europe focuses on private law. With the exception of work on antitrust and corporate finance, public law has been largely ignored. Yet economics is central to the understanding of social problems, such as environmental protection and occupational health and safety. Lawyer-economists need to study the relationship between government structure and policy outcomes. Economists must consider goals, such as democratic accountability and participation, which do not fit an efficiency framework.Lawyers and public officials need to recognize the social benefits of efficiency. Such legal-economic analysis can reveal failures in the way public law accommodates the practical reality of today's pressing social problems. It can also suggest solutions. In particular, economics can help with the design of substantive policies and with the analysis of government structures and process.     

Racism and sexism at work

Both racism and sexism have had the effect of handicapping selected groups in terms of salary and access to jobs, promotions, and power. However, the categories of race and gender, and the experience of racism and sexism, differ in many ways. This article reviews the differences resulting from definitions of race and gender, as well as those differences stemming from historical, legal, and demographic factors. In particular, we focused on the interactive effects of racism and sexism in the experience of women of color. We examine the assumption that affirmative action operates equivalently for all racial and gender groups, and suggest some directions for further research.     

Utilizing the urinary 5-HTOL/5-HIAA ratio to determine ethanol origin in civil aviation accident victims

Specimens from fatal aviation accident victims are submitted to the FAA Civil Aerospace Medical Institute for toxicological analysis. During toxicological evaluations, ethanol analysis is performed on all cases. Care must be taken when interpreting a positive ethanol result due to the potential for postmortem ethanol formation. Several indicators of postmortem ethanol formation exist; however, none are completely reliable. The consumption of ethanol has been shown to alter the concentration of two major serotonin metabolites, 5-hydroxytryptophol (5-HTOL) and 5-hydroxyindole-3-acetic acid (5-HIAA). While the 5-HTOL/5-HIAA ratio is normally very low, previous studies using living subjects have demonstrated that the urinary 5-HTOL/5-HIAA ratio is significantly elevated for 11-19 h after acute ethanol ingestion. Recently, our laboratory developed and validated an analytical method for the simultaneous determination of both 5-HTOL and 5-HIAA in forensic urine samples using a simple liquid/liquid extraction and LC/MS/MS and LC/MS/MS/MS. In this previous work a 15 pmol/nmol serotonin metabolite ratio cutoff was established in postmortem urine, below which it could be conclusively determined that no recent antemortem ethanol consumption had occurred. In the current study this newly validated analytical method was applied to five ethanol-positive aviation fatalities where the origin of the ethanol present could not previously be conclusively determined. In four of the five cases examined the detected ethanol was demonstrated to be present due to postmortem microbial formation, and not consumption, even though some indication of ethanol consumption may have been present.     

How long after waterproofing a deck can you still isolate an ignitable liquid?

Dried, treated wood was sealed with Thompson's WaterSeal "Clear Multi-Surface Waterproofer" and exposed to outdoor, summer conditions. Sections of the sealed wood were then periodically tested and analyzed in accordance with ASTM methods. The WaterSeal contained a medium petroleum distillate (MPD) as a solvent for a wax. The treated lumber contained a background of aldehydes that could mimic a dearomatized MPD if not carefully investigated by the analyst. The MPD of the WaterSeal was detectable 14 days, but not 27 days after application with exposure to relatively hot, dry and sunny weather conditions. The test was repeated with the MPD detectable 16 days, but not 20 days after application with exposure to cooler and wetter weather conditions. The testing demonstrates the need for a thorough and complete investigation by the fire investigator and the submission of comparison samples to the laboratory.