The Hand Rule and United States v. Carroll Towing Co. Reconsidered

Judge Learned Hand’s opinion in United States v. CarrollTowing Co. (1947) is canonized in the law-and-economics literatureas the first use of cost-benefit analysis for determining negligenceand assigning liability. This article revisits the case in whichthe Hand formula was born and examines whether Judge Hand’sruling in that case would provide correct incentives for efficientlevels of precaution. We argue that the negligence test as usedby Judge Hand is somewhat different from the Hand test as usedby modern law-and-economics theorists. With a game theoreticanalysis of the case, we show that Judge Hand’s negligencetest could in fact produce games with inefficient equilibria,or with liability determinations opposite Judge Hand’s.     

Ethanol stability in unpreserved refrigerated antemortem blood

Ethanol stability in preserved antemortem blood has been widely studied since it is a common practice in cases involving suspected impaired driving to collect antemortem blood in evacuated blood tubes containing sodium fluoride. In some situations, antemortem blood is submitted to a forensic laboratory for ethanol analysis in evacuated blood tubes that contain only an anticoagulant. There has been limited research on ethanol stability in antemortem blood stored without a preservative. On two occasions, antemortem blood was collected from five ethanol-free individuals into 6-ml Vacutainer® tubes containing only 10.8 mg potassium EDTA. The blood tubes were spiked with ethanol to approximately either 0.08 or 0.15 g/dl. Dual-FID headspace gas chromatography was used to analyze 58 blood tubes, 29 from each session, for ethanol 1 day after sample collection and again after 1 year of refrigerated storage (~4°C). Statistically significant decreases in ethanol were detected at the 0.05 level of significance. Mean decreases in ethanol after 1 year of storage for the 0.08 and 0.15 g/dl samples were 0.013 and 0.010 g/dl, respectively. The mean ethanol decrease across all tubes was 0.012 g/dl. The range of decreases for the 58 blood tubes was 0.003–0.018 g/dl. The mean ethanol decreases measured in this unpreserved antemortem blood are comparable in magnitude to those previously observed in antemortem blood containing sodium fluoride after 1 year of refrigerated storage. Ethanol did not increase in the antemortem blood samples despite the absence of sodium fluoride.     

A Comparison of Solvent Extract Cleanup Procedures in the Analysis of Organic Explosives

The use of an organic solvent to extract explosive residues from hand swabs and postblast debris inevitably leads to the coextraction of unwanted materials, usually in far greater quantities than any explosive residue. In this study, the extraction efficiency of a number of solvent cleanup procedures including solid‐phase extraction (SPE), adsorbent resins such as Chromosorb‐104, and traditional materials such as silica and Florisil was calculated using a quantitative liquid chromatography–ultraviolet (LC‐UV) detection procedure. The Oasis^® HLB cartridge outperformed other cleanup procedures, with analyte recoveries approaching 95%, while the Amberlite XAD‐7 procedure returned the lowest overall recoveries. The matrix rejection ability of each method was then determined using a simulated highly contaminated matrix, with the adsorbent resins showing a higher degree of matrix rejection, which is seen as a reduction in background noise in the UV chromatogram using 210 nm detection.     

A Comparison of Common Swabbing Materials for the Recovery of Organic and Inorganic Explosive Residues

The efficiency of solvent based extraction methods used to remove explosive residues from four different swab types was investigated. Known amounts of organic and inorganic residues were spiked onto a swab surface with acetonitrile or ethanol:water combined with ultrasonication or physical manipulation used to extract the residues from each swab. The efficiency of each procedure was then calculated using liquid chromatography‐ultraviolet detection for organic residues and ion chromatography for inorganic residues. Results indicated that acetonitrile combined with physical agitation proved to be the most efficient method; returning analyte recoveries c. 95% for both alcohol based swabs and cotton balls. Inorganic residues were efficiently extracted using ethanol:water, while the use of acetonitrile followed by water significantly reduced the recovery of inorganic residues. Swab storage conditions were then investigated with results indicating decreased storage temperatures are required to retain the more volatile explosives.     

Ceylon Coffee,the Comtesse and the Consignee: A Historical Reappraisal of Rochefoucauld v Boustead

This paper examines the Court of Appeal judgment of Rochefoucauld v Boustead [1897] 1 Ch. 196 through use of archive records, rarely cited law reports and nineteenth-century academic opinion. A full and hitherto untold account of the facts of the case is presented. It is revealed that the land which was the subject matter of the dispute was sold under the direction of the Ceylon District Court, and that the plaintiff was an accomplished individual who utilized various means to frustrate her former husband's attempts to obtain the land. The Court of Appeal's rulings that the defendant was a trustee of the land for the prevention of fraud, and that the trust was to be treated as an express trust, are also analysed with the aim of establishing how these issues were understood at the time of the judgment. It is argued that both of these aspects of the judgment were regarded as uncontroversial because there was a settled concept of equitable fraud, and because trusts imposed for the prevention of such fraud were an established category of trust in their own right, separate from express, resulting or constructive trusts.     

Use of a solid absorbent and an accelerant detection canine for the detection of ignitable liquids burned in a structure fire

ABSTRACT: Ignitable Liquid Absorbent^™ (ILA), a commercial solid absorbent intended to assist fire scene investigators in sample location and collection, has been field tested in three separate room fires. The ability of the ILA to detect and absorb different amounts of gasoline, odorless paint thinner, and camp fuel on two different substrates after a full-scale burn was assessed against results from an accelerant detection canine and laboratory analysis using gas chromatography-mass spectrometry (GC-MS). The canine correctly alerted on most of the panels that contained an ignitable liquid after the fire, while the ILA indicator dye failed to indicate in the presence of gasoline and camp fuel. GC-MS results for ignitable liquid residue from each panel and from the ILA showed that ILA absorbed odorless paint thinner and camp fuel from most of the test panels, but failed to absorb gasoline from the panels on which gasoline was confirmed to be present.