Making non-discriminatory fitness-for-duty decisions about persons with disabilities under the Rehabilitation Act and the Americans with Disabilities Act

This article describes an assessment role performed by clinical psychologists in the employment context, and examines how it has been evaluated by the courts from the standpoint of discrimination against persons with disabilities. Guidelines are offered for making fitness-for-duty decisions which are legally defensible, and examples of the decision-making process are provided. Data-based limitations on professional expertise are articulated, and conclusions drawn are aimed at practicing psychologists and the courts dealing with these uncertainties. Issues are analyzed principally in courts dealing with these uncertainties. Issues are analyzed principally in relation to Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA), which has been passed by both houses of Congress.     

Identification of mechanical asphyxiation in cases of attempted masking of the homicide

Five homicides are described that had remained unexplained as to the causes of death after gross pathology. Although general signs of asphyxiation were present, they were lacking injuries specific of strangulation or oro-nasal occlusion. The diagnoses of asphyxiation were established by microscopical investigation of the lung and confirmed by subsequent police inquiries. An oro-nasal occlusion was involved in three cases, a strangulation or an oro-nasal occlusion, in another case. The victims were young and healthy. Toxicological investigations remained negative in four cases; one victim was anaesthetized by bromazepam and ether and had a blood alcohol concentration of 80 mg/100 ml. Lung histology and electron microscopy revealed acute emphysema, the development of a haemorrhagic-dysoric syndrome and a microembolism syndrome. With regard to the haemorrhagic-dysoric syndrome, the development of alveolar-interstitial edema is particularly important. This finding may also be diagnosed by light microscopy in semi-thin sections. It is emphasized that the combined action of several pathomechanisms is responsible for the rapid manifestation of the pulmonary lesions. Especially, the haemorrhagic-dysoric syndrome is brought about by the combined action of inspiratory intrapulmonary vacuum and raised intracapillary pressure. The complex pattern allows to compile the diagnosis of mechanical asphyxia even if there is no corresponding injury.     

Comparison of chemical methods for determining postmortem interval

Accurate determination of postmortem interval (PMI) is a problem for the forensic thanatologist, especially in unwitnessed deaths. A number of objective chemical methods for determining PMI have been developed, the most widely used being accumulation of potassium in the vitreous humor. The authors previously have reported a chemical method for determining PMI from the predictable accumulation or clearance of the dopaminergic metabolite 3-methoxytyramine (3-MT) in the putamen of the brain. They have extended their previous study to compare directly the accuracy of determining PMI from the level of 3-MT in putamen with the level of potassium in vitreous humor. The data indicate that 3-MT is at least as accurate as, if not more accurate than, potassium accumulation in vitreous humor, although 3-MT levels can be affected by the cause of death and drugs present at the time of death. Nevertheless, determination of both the 3-MT and potassium levels can afford the most accurate method of determining PMI; preliminary nomograms for determining PMI from both variables are presented.     

Mass spectrometry as an aid in the detection and identification of piperidyl benzilates and related glycolates.

On the basis of the data presented above the following conclusions may be drawn. 1. The molecular ion peaks of most of the compounds examined are relatively weak but usually easily discernible to permit molecular weight determination. 2. The mass spectra of benzilate esters exhibit a relatively intense peak at m/e 183, and monitoring of this ion can serve as a means for preliminary screening for the presence of this type of a system. 3. Related esters exhibit a similar type of fragmentation resulting in a fragment ion analogous to m/e 183 but shifted by the appropriate number of mass units according to the substituents present. 4. Cleavage of the piperidine ring-ester oxygen bond in 3 and 4-substituted isomers is followed by selective losses of hydrogen radicals to produce ions of type e, f, and g as indicated above. It is significant that in a related piperidine ring system (methylphenidate) substituted in the 2 position, the same type of cleavage results in no further hydrogen losses [16] because of charge stabilization from the ring nitrogen (ion j, Fig. 17) [17]. In other words, the tendency to form a conjugated ion following initial bond cleavage can serve as a means for identifying the position of substitution on the ring and for distinguishing positional isomers.     

Private Representation in Washington: Surveying the Structure of Influence

Despite the significance of interest representation to theories of law and politics, the social organization of interest representation has not received systematic empirical analysis. Based on interviews with 776 individuals engaged in the representation of private interests concerning national policies on agriculture, energy, health, and labor, this article reports some findings concerning the social and political characteristics of representatives, the nature of their work and their relationships with client organizations. Three models of the social organization of interest representation are developed and examined: a model based on substantive expertise, an institutional targets model, and a client-based model. The findings indicate that representation is predominately organized around client interests Although lawyers constitute a significant and distinctive group among representatives, they are neither as numerous nor as active in policy making as is commonly assumed. The analysis suggests that representatives are not likely to exercise influence in the policy-making process that is autonomous from client organizations.     

SPECIALIZATION IN JUVENILE COURT CAREERS

The study of specialization in offending careers is relevant to the key theoretical issue of whether different types of offending reject only one underlying theoretical construct (such as delinquent tendency) or several different constructs. This research improves on previous studies of specialization in offending careers in three ways: (1) It is based on the complete juvenile court careers of a very large sample of offenders (nearly 70,000). (2) It uses a fine-grained classification of 21 offense types. (3) It uses a new measure of the strength of specialization, the Forward Specialization Coefficient (FSC). Both transition matrices and offending careers are studied.
The major findings from the transition matrices are (1) there was a small but significant degree of specialization in offending superimposed on a great deal of versatility: (2) the degree of specialization tended to increase with successive referrals, and this was not due to more versatile offenders dropping out: and (3) the relative extent to which offenders specialized in different offenses held for two jurisdictions (Maricopa County, Arizona, and Utah), both sexes, and all ages.
The analyses of offending careers showed that the most specialized offenses were runaway, burglary, motor vehicle theft, liquor violations, incorrigibility, curfew, truancy, and drugs. Nearly 20 percent of the offenders were identified as specialists. The conclusion is that, while offending was versatile to a first approximation, delinquency theories should attempt to explain specialization and specialists in order to yield more accurate quantitative predictions about offending careers.