GUIDELINES FOR UTILIZING COLLATERAL SOURCES OF INFORMATION IN CHILD CUSTODY EVALUATIONS

A structure for utilizing third party or collateral sources of information in the child custody evaluation is discussed. Collateral information is vital to the process of trying to assess the credibility and validity of information obtained from the primary parties in a dispute. Information that is from more neutral parties has higher credibility and when the party has access to key information it produces more discriminant validity. When a source with high discriminant validity agrees with information from a primary party, then it enhances the convergent validity on an issue or hypothesis. Child custody cases are inherently characterized by biased data within the adversarial process. Gathering data from collateral sources and using a system to evaluate their usefulness on confirmation of hypotheses is a necessary part of the emerging forensic-clinical-scientific child custody evaluation paradigm.     

Sudden infant death and liver phosphoenolpyruvate carboxykinase analysis

In an effort to substantiate the impaired gluconeogenesis-terminal hypoglycemia hypothesis of sudden infant death syndrome (SIDS), 52 infants ranging from 3 weeks to 7 months of age which had been brought to autopsy were studied. The stomach contents, vitreous humor glucose concentrations, hepatic glycogen content and hepatic phospho-enolpyruvate carboxykinase (PEPCK) activity were measured as part of the laboratory component of the postmortem investigation. The stomach contents, vitreous humor glucose concentrations and liver glycogen content were similar in SIDS/and non-SIDS victims. PEPCK activity was, however, significantly lower in SIDS (p < 0.001) victims and in SIDS with other findings (p < 0.01) victims when compared to non-SIDS victims. Despite the fact that SIDS victims had lower hepatic PEPCK activity and hence potentially lower gluconeogenic capacity, terminal hypoglycemia could not be demonstrated in this group as compared to the SIDS with other findings and the non-SIDS infants. The impaired gluconeogenesis-terminal hypoglycemia hypothesis thus could not be substantiated.     

AHRA does not protect device distributor against copyright claims arising from broadcaster role

In a case of first impression, and one of the few cases interpretingthe statute at issue, a district court in New York City hasheld that the Audio Home Recording Act, 17 USC sections 1001et seq. (‘AHRA’), does not immunize a distributorof digital audio recording devices (DARDs) from copyright liabilitywhen the infringement claims are based on the distributor'sallegedly infringing activity in its simultaneous role as asatellite radio broadcaster. The case illustrates the ambiguousnature of digital transmissions, which can be treated as distributionsof musical works as well as digital performances.