Bouvia v. County of Riverside

The plaintiff, a quadriplegic with cerebral palsy, had admitted herself voluntarily to the psychiatric department of Riverside General Hospital in September 1983. She then revealed her intention of starving herself to death, requested that hospital personnel administer only pain medication and hygienic care, and sought preliminary and permanent injunctions to prevent the hospital from either force feeding, transferring, or discharging her. The essence of her legal claim was that society was obliged to honor, and to assist her in carrying out, her privacy right to end her life. While the Superior Court recognized a patient's right to refuse life-sustaining care under some circumstances, it ruled that because Bouvia's condition was not terminal, her rights must yield to the interests of the state and other third parties in preserving life.     

A study of mutation rates and the characterisation of intermediate, null and duplicated alleles for 13 Y chromosome STRs

Previously reported Y chromosome STR haplotype databases for three UK population groups, plus additionally analysed samples, have been scrutinised for the presence of non-standard (intermediate, null and duplicated) alleles. These alleles have been characterised by sequencing, some showing changes in the repeat structure, and the frequencies reported. Mutation rates for each of the 13 STRs have been calculated when analysis of father-son pairs has been possible. An example illustrating the use of non-standard alleles in a large family tree is outlined.     

Terrorism Analysis and Holder v. Humanitarian Law Project: The Missing Element

ABSTRACT

The decision in the case of Holder v. Humanitarian Law Project raised important issues about civil liberties in the United States (2010), including freedom of speech and freedom of association, in relation to U.S. foreign policy actions. While the decision has the potential to infringe on certain liberties, the decision itself was based on very limited information on the nature of terrorism, the foreign terrorist organizations involved, and the processes by which terrorist groups can be induced to peacefully re-enter domestic political systems. There are also concerns about what can be the arbitrary designation of groups as foreign terrorist organizations. These issues raise serious questions about the role of the Supreme Court in the overall political system and judgments in cases involving terrorism and foreign policy.     

新形势下医疗损害赔偿纠纷案件的审理情况、问题与对策

为了研究如何在审判实践中贯彻实施《侵权责任法》。本文在分析近年来北京市法院系统医疗损害赔偿纠纷案件收结案数量、结案方式、案件特点等基本情况的基础上,研究了北京市法院在《侵权责任法》实施后审理医疗损害赔偿纠纷案件的若干疑难问题,并对当前审判实践中的一些突出疑难问题提出审判对策。     

Forensic typing of autosomal SNPs with a 29 SNP-multiplex—Results of a collaborative EDNAP exercise

We report the results of an inter-laboratory exercise on typing of autosomal single nucleotide polymorphisms (SNP) for forensic genetic investigations in crime cases. The European DNA Profiling Group (EDNAP), a working group under the International Society for Forensic Genetics (ISFG), organised the exercise. A total of 11 European and one US forensic genetic laboratories tested a subset of a 52 SNP-multiplex PCR kit developed by the SNPforID consortium. The 52 SNP-multiplex kit amplifies 52 DNA fragments with 52 autosomal SNP loci in one multiplex PCR. The 52 SNPs are detected in two separate single base extension (SBE) multiplex reactions with 29 and 23 SNPs, respectively, using SNaPshot kit, capillary electrophoresis and multicolour fluorescence detection. For practical reasons, only the 29 SBE multiplex reaction was carried out by the participating laboratories. A total of 11 bloodstains on FTA cards including a sample of poor quality and a negative control were sent to the laboratories together with the essential reagents for the initial multiplex PCR and the multiplex SBE reaction. The total SNP locus dropout rate was 2.8% and more than 50% of the dropouts were observed with the poor quality sample. The overall rate of discrepant SNP allele assignments was 2.0%. Two laboratories reported 60% of all the discrepancies. Two laboratories reported all 29 SNP alleles in all 10 positive samples correctly. The results of the collaborative exercise were surprisingly good and demonstrate that SNP typing with SBE, capillary electrophoresis and multicolour detection methods can be developed for forensic genetics.     

Risk Analysis of Nanomaterials: Exposing Nanotechnology's Naked Emperor

Risk analysis (encompassing risk assessment, management, and communication) is touted internationally as the most appropriate approach for governing nanomaterials. In this article, we survey existing criticisms of risk assessment as a basis for regulatory decision making on emerging technologies, particularly highlighting its exclusion of key societal dimensions, its epistemological underdetermination, and its lack of democratic accountability. We then review the specific case of nanomaterials and identify six major barriers to the effective operation of both risk assessment and risk management. These include a lack of: nano‐specific regulatory requirements, shared definitions, validated and accessible methods for safety testing, available scientific knowledge, reliable information on commercial use, and capacity for exposure mitigation. Finding the knowledge, standards, methods, tools, definitions, capacity, and political commitment all insufficient, we argue that risk analysis is a “naked emperor” for nanomaterial governance. We therefore suggest that additional concepts and approaches are essential for nanomaterials policy and regulation.     

The politics of indigenous land rights Brazil

Brazilian indigenous rights policy has been exclusionary. As a result indigenous people and their supporters have mobilised and politicised indigenous issues. Politicisation led to inclusion of indigenous rights in the 1988 Constitution. Nevertheless, evidence suggests that this process led to a retrenchment of interests opposed to indigenous rights. This analysis compares the asymmetric access to the policy‐formation process granted to political and economic interests and indigenous people. The argument is that democratisation has yet to open the policy‐making process to disenfranchised groups such as indigenous people. To illustrate the argument evidence of setbacks to indigenous land rights is examined.     

How useful are psychometric scores in predicting recidivism for treated sex offenders?

This study examined the relationship between psychometric test scores, psychometric test profiles, and sexual and/or violent reconviction. A sample of 3,402 convicted sexual offenders who attended a probation service-run sexual offender treatment programme in the community completed a battery of psychometric tests pre- and posttreatment. Using Cox regression, posttreatment scores on measures of self-esteem, an ability to relate to fictional characters, and recognition of risk factors were, individually, predictive of recidivism. When psychometric tests were grouped into dynamic risk domains, only the pretreatment scores of the domain labelled socioaffective functioning (SAF) predicted recidivism and added predictive power to a static risk assessment. The number of risk domains that were dysfunctional pretreatment also predicted recidivism outcome; however, this did not add predictive power to a static risk assessment tool. Possible explanations for the superiority of pre- over posttreatment scores in predicting reconviction are discussed, and directions for further research considered.