Et Tu, Counselor: may an in-house attorney file a qui tam action against the attorney's employer?

Most corporations probably do not consider their in-house counsel to be potential qui tam threats. That may be a naive assumption. Case law provides an illustrative view of the legal ramifications involved when an attorney brings a qui tam suit. In general, there is no prohibition on attorneys who wish to bring these actions. Nevertheless, a corporation can take preventive steps to eliminate the likelihood of attorney qui tam actions. In addition, the corporation can take advantage of state professional ethics laws to mount a defensive action against the attorney who files any such action.     

Image analysis of gunshot residue on entry wounds. II--A statistical estimation of firing range.

A statistical investigation of the relationship between firing range and the amount and distribution of gunshot residue (GSR), used automated image analysis (IA) to quantify GSR deposit resulting from firings into pig skin, from distances ranging between contact and 45 cm. Overall, for a Ruger .22 semi-automatic rifle using CCI solid point, high velocity ammunition, the total area of GSR deposit on the skin sections decreased in a non-linear fashion with firing range. More specifically there were significant differences in the amount of GSR deposited from shots fired at contact compared with shots fired from distances between 2.5 and 45 cm; and between shots fired from a distance of 20 cm or less, with shots fired at a distance of 30 cm or more. In addition, GSR particles were heavily concentrated in the wound tract only for contact and close range shots at 2.5 cm, while the particle distribution was more uniform between the wound tract and the skin surfaces for shots fired from distances greater than 2.5 cm. Consequently, for future scientific investigations of gunshot fatalities, once standards have been established for the weapon and ammunition type in question, image analysis quantification of GSR deposited in and around the gunshot wound may be capable of providing a reliable, statistical basis for estimating firing range.     

The linguistic fault: The case of Foucault's archaeology

It is argued that the concept of discursive formation presented by Foucault provides the means whereby conventional treatments of ‘discourse’ can be criticized. These would include historical, linguistic and epistemological forms of investigation. But it is also argued that Foucault does not sufficiently displace linguistic categories. As a result his account of the theoretical problems of ‘conditions of existence’ of discourses cannot be sustained.     

中国如何以法治应对全球金融风暴

当前，由美国次贷危机引起的金融风暴正在全球范围内不断蔓延和扩散．虽然中国并非此次金融风暴的重灾区，但其对中国经济的影响已不可忽视。本文主要从法治视角阐述中国应如何应对此次金融危机，以及提出如何防范今後类似金融危机的若干建议。     

Interrogation of short tandem repeats using fluorescent probes and melting curve analysis: A step towards rapid DNA identity screening

Current forensic DNA profiling methods rely on the analysis of samples at specialised laboratories with an average turnaround time of several days. The ability to rapidly determine a partial profile of short tandem repeats at the point-of-arrest would be of great benefit to police forces around the world, for example enabling a suspect to be rapidly included or excluded from an investigation. We have developed a homogeneous PCR method for the interrogation of STR loci utilising fluorescent oligonucleotide probes and melting curve analysis. Alleles of the D18S51, TH01 and D8S1179 loci were differentiated and identified on the basis of target length and probe melting temperature. Assay performance was evaluated by comparing melting peak data with the AmpFlSTR^® SGM Plus^® system. The method is compatible with direct analysis of unpurified buccal swab samples, enabling a partial STR profile to be generated within 1 h.     

检察院案例指导制度的构建

长期以来，检察机关一直非常重视以典型案例的形式进行工：作上的指导。最高人民检察院公报自1989年创刊以来发表了百余侗典型案例；在2003年，《最高人民检察院对于加强案例管理的规定》进一步要求加强案例编纂工作，最高人民检察院和省级人民检察院每年要组织业务交流和案例研讨，对带有普遍意义案件进行深人分析，及时编纂和印发对办案工作具有指导意义的案例。     

案例指导制度的域外经验

英美法判例制度主要有两个作用：一是参考作用，一是约束作用。参考作用，是指如果法院认为一个判例的判决原则或法律理念是正确的，法官在审判时可以适用这个案例。而约束作用，是指如果法院认为一个判例是错误的，但按照法律的规定，该判例对法院有约束力，那么，法院即使认为这个判例是错误的，仍要遵从这个案例。