Comte's Caveat: How We Misunderstand Terrorism

Since the end of the Cold War, and particularly since September 11, 2001, the U.S. Government has substantially misunderstood its circumstances and has launched policies based on a compound error that has made those circumstances worse. The error consists of three parts: thinking the United States had more usable power after the Cold War when it had less; misreading the sources of apocalyptical terrorism; and failing to correct its misreading because of a bias set deep in its own political culture. Seeing the situation and the problems as they really are would lead to vast changes in both foreign and homeland security policies.     

Law and the Refusals of Poetry

Liverpool Law Review -     

Enabling responsible public genomics

As scientific understandings of genetics advance, researchers require increasingly rich datasets that combine genomic data from large numbers of individuals with medical and other personal information. Linking individuals' genetic data and personal information precludes anonymity and produces medically significant information--a result not contemplated by the established legal and ethical conventions governing human genomic research. To pursue the next generation of human genomic research and commerce in a responsible fashion, scientists, lawyers, and regulators must address substantial new issues, including researchers' duties with respect to clinically significant data, the challenges to privacy presented by genomic data, the boundary between genomic research and commerce, and the practice of medicine. This Article presents a new model for understanding and addressing these new challenges--a "public genomics" premised on the idea that ethically, legally, and socially responsible genomics research requires openness, not privacy, as its organizing principle. Responsible public genomics combines the data contributed by informed and fully consenting information altruists and the research potential of rich datasets in a genomic commons that is freely and globally available. This Article examines the risks and benefits of this public genomics model in the context of an ambitious genetic research project currently under way--the Personal Genome Project. This Article also (i) demonstrates that large-scale genomic projects are desirable, (ii) evaluates the risks and challenges presented by public genomics research, and (iii) determines that the current legal and regulatory regimes restrict beneficial and responsible scientific inquiry while failing to adequately protect participants. The Article concludes by proposing a modified normative and legal framework that embraces and enables a future of responsible public genomics.     

Revisiting the Thermal Development of Latent Fingerprints on Porous Surfaces: New Aspects and Refinements*

Abstract: Although the ability to develop latent fingerprints on paper using heat alone has been noted previously, it has been considered impractical for casework and inferior to other techniques. Here a new refinement of the technique is demonstrated for the high quality development of latent fingerprints on porous surfaces such as paper. Fingerprints deposited on various papers were developed by exposing them to hot air with a temperature in the vicinity of 300°C, for periods of c. 10–20 sec. Several different heating methods were tested. The novel observation was made that after shorter heating times, fluorescent prints could be observed. These became visible after longer heating times, as noted by earlier workers, but with greatly improved contrast compared with their results. Prints from various donors (and aged prints) were developed with excellent ridge contrast. Direct heating methods (such as with a hot plate or press) produced inferior results. The refined technique, which is simple, safe and inexpensive compared with conventional methods, has great potential for use in forensic laboratories.     

EU update

This is the latest edition of Baker & McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Trust Parties’ Uniquely Easy Access to Rescission: Analysis,Critique and Reform

Parties to trusts currently enjoy easier access to judicial avoidance of voluntary dispositions resulting from mistakes and inadequate decision‐making than other persons. The principal doctrinal basis for this advantage has shifted from the rule in Re Hastings‐Bass to rescission in equity. The article argues that this advantage is normatively unjustified, and recommends a uniform legal framework to govern the avoidance of voluntary dispositions resulting from mistakes or inadequate decision‐making, whether or not a trust was involved. Under this framework, dispositions resulting from laypersons’ mistakes and inadequate decision‐making should be avoided, subject to appropriate defences, whenever that causative nexus is present, while dispositions resulting from professionals’ mistakes and inadequate decision‐making should only be avoided where the mistake or deliberative flaw was so serious as to render the transferee's retention of property transferred unjust.     

Opportunity and Self-Control: Do they Predict Multiple Forms of Online Victimization?

This study investigates the predictors of four types of cybercrime victimization/experiences: online harassment, hacking, identity theft, and receiving nude photos or explicit content. The effects of victimization opportunity and low self-control are examined as the primary independent variables in logistic regression analyses of data collected from a large sample of undergraduates enrolled at two universities in the United States. Results suggest that opportunity is positively related to each of the four types of online victimization, and that low self-control is associated with person-based, but not computer-based, forms of cybercrime. These findings speak to the utility, and also the limitations, of these perspectives in understanding cybercrime victimization risk among college students, and to the potentially criminogenic nature of the Internet.

     

A Ballistics Examination of Firearm Injuries Involving Breast Implants

This ballistics study examines whether saline breast implants can decrease tissue penetration in firearm injuries. We hypothesize that the fluid column within a saline breast implant can alter bullet velocity and/or bullet pattern of mushrooming. The two experimental groups included saline implants with 7.4 cm projection and a no implant group. The experimental design allowed the bullet to pass‐through an implant and into ballistics gel (n = 10) or into ballistics gel without passage through an implant (n = 11). Shots that passed through an implant had 20.6% decreased penetration distance when compared to shots that did not pass‐through an implant; this difference was statistically significant (31.9 cm vs. 40.2 cm, p < 0.001). Implant group bullets mushroomed prior to gel entry, but the no implant group mushroomed within the gel. Bullet passage through a saline breast implant results in direct bullet velocity reduction and earlier bullet mushrooming; this causes significantly decreased ballistics gel penetration.