AIDS, employment, and the direct threat defense: the burden of proof and the circuit court split

This Note examines disability-related discrimination in light of the protections afforded by the Americans with Disabilities Act (ADA) and in the context of an HIV- or AIDS-infected employee. Under the ADA, an employer may legally fire a worker who poses a direct threat to the individuals around him or her. It is unclear, however, whether the burden of proving or disproving the claim that an individual is a direct threat lies with the employer or the employee. This Note analyzes the circuit split over which party bears the burden of proof under the direct threat standard in light of prospective HIV-related litigation.     

Jihad: a South African perspective

The India, Brazil and South Africa Dialogue Forum (IBSA) established in 2003 brings together three like-minded, democratic, market economies of multi-cultural and multi-ethnic character, sharing a broadly similar economic, political and development situation. At the time of its formation IBSA was widely regarded as representing a novel form of South-South cooperation, transcending older models rooted in the logic of North-South confrontation in the post-colonial, Cold War world. However, now, as the respective countries prepare for their tenth anniversary summit in India, the forum seems to face a growing sense of irrelevance, perhaps even an existential crisis. There has been a proliferation of other forums—notably BRICS and the G20—which means that IBSA needs to differentiate itself if it is to endure. This paper suggests a common vision for IBSA, based on the concept of international liberalism, implying an open international market, well-regulated capital markets and tailored domestic policies such as social policy, health policy and education policy, may well increase the weight IBSA can gain in different international forums.     

Child Abuse-Related Homicides in New Mexico: A 6-year Retrospective Review

Abstract:  We retrospectively reviewed autopsy records at a statewide medical examiner's office in order to identify and characterize deaths due to child abuse. In a 6-year period in New Mexico, the medical examiner investigated 45 deaths determined to be child abuse-related. Decedents were predominantly male (68.9%), Hispanic White (53.3%), and all were 5 years of age or younger, with a median age of 1 year. Head injuries were the most common cause of death (44.4%), followed by battered baby syndrome (15.6%). Relatives were involved as alleged perpetrators in 80% of the cases, with the father most often implicated (36.1% of cases), and 88.9% of child abuse injuries resulting in death occurred in the family's residence. Toxicology was positive in 26.7% of cases, but only two cases had substances of abuse present. Information on risk factors such as prematurity, parental age, and history of abuse was also collected.     

The Reliability of Visually Comparing Small Frontal Sinuses*

Abstract: Several studies have investigated frontal sinus comparison for personal identification. One study addressed the statistical reliability of correct identification using automated digital methods and resulted in a 96% accuracy rate. Missed matches with the digital methods generally involved small, less featured sinuses. This study investigates the hypothesis that human examiners may be able to more accurately identify correct matches than digital methods, even when the comparisons involve small frontal sinuses. Participants were provided two sets of 28 radiographs and were instructed to identify matching radiographs and list the radiographs that did not have a corresponding match. Overall, error rates were low, with correct associations identified at a rate of 0.983. No incorrect associations (“false positives”) were made. Correct association rates were highest among participants “experienced” examining radiographs. Results support previous assertions that frontal sinus radiographs are a reliable means of personal identification even when the frontal sinuses are small.     

Filial Therapy with Victims of Family Violence: a Phenomenological Study

This research study examined the perceptions of parents, and victims of domestic violence, after receiving filial therapy. Specifically, parents were trained in a 10-week filial therapy model, Child–Parent Relationship Training. At the completion of the study, parents were given a semi-structured, open-ended style interview to gather information about their experiences. Themes emerged from the data participants provided, such as: experiencing increased warmth and trust in the child–parent relationship, changed parenting style, and decreased parental stress. Additionally, narratives reflect the positive influence the training had on parents’ perceptions of violence. A summary of the essence of the parent’s experiences is included.     

Nachhaltigkeit in der Aquakultur – wo steht das Europarecht?

Mit der steigenden Bedeutung der Aquakultur wird international auch die Regulierung der damit verbundenen Umweltauswirkungen zunehmend diskutiert, insbesondere unter der Fragestellung, wie die Aquakultur mit Prinzipien der Nachhaltigkeit verbunden werden kann. Der folgende Beitrag arbeitet daher die aquakulturrelevanten Ans?tze des Europarechts heraus.     

The Notion of Consent to Sexual Activity for Persons with Mental Disabilities

This paper seeks to examine the notion of consent to sexual activity as it is applied to situations involving persons with mental disabilities both by both medical professionals and the law. This will be achieved by analysing sexuality and consent through the lens of disability theory and subsequently by including feminist theories on the notion of consent and of sexual activity generally where this serves to assist in coming to a genuine assessment of the nature and existence of consent to sexual activity for persons with mental disabilities. It is concluded that in order to ensure that genuine substantive consent to sexual activity on the part of the persons with mental illnesses is accurately assessed at both a civil and criminal level, a fusion of both feminist and disability theory into such assessments and adjudications is vital.     

Images of illness: how causal claims and racial associations influence public preferences toward diabetes research spending

Despite the salience of health disparities in media and policy discourse, little previous research has investigated if imagery associating an illness with a certain racial group influences public perceptions. This study evaluated the influence of the media's presentation of the causes of type 2 diabetes and its implicit racial associations on attitudes toward people with diabetes and preferences toward research spending. Survey participants who viewed an article on genetic causation or social determinants of diabetes were more likely to support increased government spending on research than those viewing an article with no causal language, while participants viewing an article on behavioral choices were more likely to attribute negative stereotypes to people with diabetes. Participants who viewed a photo of a black woman accompanying the article were less likely to endorse negative stereotypes than those viewing a photo of a white woman, but those who viewed a photo of a glucose-testing device expressed the lowest negative stereotypes. The effect of social determinants language was significantly different for blacks and whites, lowering stereotypes only among blacks. Emphasizing the behavioral causes of diabetes, as is common in media coverage, may perpetuate negative stereotypes. While drawing attention to the social determinants that shape these behaviors could mitigate stereotypes, this strategy is unlikely to influence the public uniformly.     

Scanning Electron Microscopy–Energy‐Dispersive X‐Ray (SEM/EDX): A Rapid Diagnostic Tool to Aid the Identification of Burnt Bone and Contested Cremains

This study investigates the use of Scanning electron microscopy–energy‐dispersive X‐ray (SEM‐EDX) as a diagnostic tool for the determination of the osseous origin of samples subjected to different temperatures. Sheep (Ovis aries) ribs of two experimental groups (fleshed and defleshed) were burned at temperatures of between 100°C and 1100°C in 100°C increments and subsequently analyzed with the SEM‐EDX to determine the atomic percentage of present elements. Three‐factor ANOVA analysis showed that neither the exposure temperature, nor whether the burning occurred with or without soft tissue present had any significant influence on the bone's overall elemental makeup (p > 0.05). The Ca/P ratio remained in the osseous typical range of between 1.6 and 2.58 in all analyzed samples. This demonstrates that even faced with high temperatures, the overall gross elemental content and atomic percentage of elements in bone remain stable, creating a unique “fingerprint” for osseous material, even after exposure to extreme conditions.