Choice of Law in Tort—Blending in with the Landscape of the Conflict of Laws?

The reformed choice of law in tort rules contained in the Private International Law (Miscellaneous Provisions) Act 1995 have proved a source of great controversy. This piece attempts to show that there are wider concerns fuelled by the Act. It seeks to demonstrate that one can not reform one area of the Conflict of Laws (such as choice of law in tort) in isolation from other areas (such as jurisdiction in tortious matters and choice of law in contract) and to illustrate the unsatisfactory state that the statutory reforms have had on these other areas. The analysis of the problems generated by the Act may be used as a model for a far more fundamental proposition: namely that the tendency to regard choice of law and jurisdiction as separate areas throughout the Conflict of Laws, rather than as combining to form a coherent law of international litigation, is a critical shortcoming of the study of the subject.     

Histochemical demonstration of phenobarbital by immunocytochemistry

A method for the demonstration of the topographical distribution of phenobarbital at the cellular level in various tissues was established. Mice that had been exposed to various doses of phenobarbital by intraperitoneal injection were killed, and their tissues were fixed with 0.1 M phosphate buffer solution (pH 7.4) containing paraformaldehyde and glutaraldehyde. Thereafter, paraffin and frozen sections were made and stained by the indirect immunoperoxidase method using antisera obtained from commercial sources and used for the immunochemical assay of the blood level of phenobarbital in clinical medicine. A specific positive reaction was observed solely in testing the intoxicated tissues, and this reaction was inhibited when phenobarbital was added to the antisera. The minimal sensitivity of the positive reaction, which can be discerned by observing the stained slides macroscopically, was in the range of 10 mg/kg. Thus, the diagnosis of phenobarbital intoxication in the forensic autopsy can be made by immunohistochemistry. A positive reaction was found in various tissue cells, including nerve cells, myelin sheaths, glia cells, hepatocytes, cells of the alveolar and bronchial wall, epithelial cells of the distal part of the renal tubules, and so forth. Endothelial cells of the capillaries in all tissues gave a strong positive reaction. The immunocytochemical electron microscopy of the hepatocytes revealed that the positive reaction in the cytoplasm was located solely in the intraluminal space of the smooth endoplasmic reticulum. These results indicate some interesting aspects of the pharmacokinetics of phenobarbital in vivo. It is expected that the antisera, which are used widely for the assay of the blood concentration of various drugs (phenobarbital, amphetamines, morphine, and so forth), may be regarded as excellent reagents for immunocytochemistry. This clearly indicates that morphological evidence in toxicology, which had so far remained obscure, can be easily obtained by applying these antisera against various drugs.     

Chloroquine distribution in postmortem cases

Chloroquine concentrations in blood and tissues were examined in overdose and non-overdose cases to determine appropriate ranges for interpretation. Twenty-nine literature overdose cases and 8 non-overdose literature cases were compared with this laboratory's findings. The results indicate significant postmortem redistribution of chloroquine. Combining this laboratory's results and the literature results indicates that using a liver concentration of 150 mg/kg as a cutoff between overdose and non-overdose concentrations properly identified 30 of the 34 published cases containing liver chloroquine and 19 of the 20 presented cases.     

Irrational behavior in exposure to cold. Paradoxical undressing in hypothermia

One December morning the naked bodies of two alcoholics were found on an open place in the center of the city of Essen. The phenomenon of paradoxical undressing due to vital hypothermia is described and the significant influence of alcohol on hypothermia and confusion in connection with hypothermia is pointed out. Compared to the results of other authors, external and internal signs of lethal hypothermia were analysed in a retrospective series of 30 cases (autopsy material in the region of Essen, investigation period from 1979-1989).     

Effect of hypothermia on breath-alcohol analysis

Mild hypothermia, induced by experimental immersion of ten subjects in cold water, distorted the decay curve of breath ethanol of intoxicated subjects by as much as 22% while not altering overall ethanol clearance rate. The results provide in vivo verification of the in vitro temperature correction factor of 6.8% X degrees C-1, and support previous recommendations that temperature monitoring be included in procedures for breath-ethanol testing. We recommend that mouth temperature be obtained before breath sampling to screen for abnormal body temperature and to allow for potential use of a temperature correction factor. This modification to existing analytical procedures would help to optimize the reliability of breath-ethanol analysis in predicting blood-ethanol concentration.     

GENDER BIAS IN THE DISPOSITION OF JUVENILE COURT REFERRALS: THE EFFECTS OF TIME AND LOCATION*

Theory based on sex role traditionalism predicts a more punishing decision for female than for male offenders, while theory based on chivalry (paternalism) predicts greater leniency by the courts for female offenders. This paper tests these two models using a large sample (36,680) of juvenile court referrals in metropolitan, urban, and rural locations spanning a nine-year period. Nonparametric analysis of covariance is used to control for differences in offense, previous contact with the court system, and other background variables. Evidence of gender bias in dispositions was found. The patterns of bias across time, location, offense committed, and previous referral to the court system supports the persistence of chivalry and a decline in sex role traditionalism in court decisions. Greater punishment for girls than boys was found only for repeat offenders committing more serious offenses. Even in those cases, girls were more likely to be taken out of the home environment by the courts through a custody transfer while boys were more likely to be sent to a lock-up facility.     

Power Dynamics in an Experimental Game

We introduce a new experimental method for studying power. Drawing from multiple theoretical perspectives, we conceptualize power as relational and structural, as well as comprised of different forms through which basic human needs can be met. Thus, the method we introduce examines how, when faced with a particular need, people use multiple forms of power concurrently and within a “field of influence,” namely, the other players in a game. This enabled us to examine how one form of power is transformed into another and how power is transferred from one player to another through interaction, as well as to measure power as behavior, as the exercise of choice, as potential, and as outcomes. Two experiments using egalitarian start conditions and a survivable ecology demonstrated that participants used power to gain more power, creating inequality. Being the target of force made some players unable to “survive” in the local ecology. Theoretical and methodological issues in the study of power are discussed and the application of our game method to the study of power in other fields is considered.