Use of deoxyribonucleic acid (DNA) fingerprints for identity determination: comparison with traditional paternity testing methods--Part I

A study involving comparison of the deoxyribonucleic acid (DNA) finger-printing test with traditional methods used for paternity testing is presented. Samples from 191 cases were tested for a series of blood group and polymorphic protein markers. DNA "fingerprints" were then obtained for all samples using the multilocus probes 33.6 and 33.15. The results of DNA fingerprinting correlated well with those of traditional methods and proved to be informative in cases where traditional methods yielded inconclusive or insufficient results.     

Exemptions from Compulsory Income Management: A Short “History of the Present”

The historical study of exemptions has focused on escape from protectionist policies designed to control and monitor Aboriginal people in Australia — restricting their freedom of movement, intruding into their family life, and reducing their ability to participate on equal terms in the labour force. In this paper, we consider a contemporary policy — income management — which primarily restricts the freedom to dispose of personal income and has targeted Aboriginal people and communities, both directly and indirectly. Provisions for individual exemptions have been incorporated inconsistently within the many iterations of income management, and Aboriginal people are significantly less likely than others to be granted an exit from this form of financial control. The study reported here is an example of mixed-methods social research, rather than an historiography. We use techniques of historical comparison to illuminate contemporary practices and identify the ongoing influence of settler-colonial governance in the lives of Aboriginal people.     

‘Lex Cryptographi(c)a,’ ‘Cloud Crypto Land’ or What? – Blockchain Technology on the Legal Hype Cycle

Based on the reception of DLT/blockchain, this article argues that legal discourse is subject to hype cycle dynamics. Thinking in hype cycle categories provides a structured way for analysing the legal implications of a particular innovation. This critical engagement with enthusiasts, sceptics and pragmatists through the different stages may help to present a more realistic picture of DLT/blockchain's potential from a legal perspective in the short and medium term. Consequently, this article discusses the potential for disruption to the legal system envisaged by enthusiasts at the height of inflated expectations, attempts to deconstruct the arguments levelled at the technology by its detractors during the trough of disillusionment, charts the emerging legal landscape that seeks to harness the potential of DLT/blockchain up the slope of enlightenment, and concludes by risking a glimpse towards the plateau of productivity.     

The Mauerschützenprozesse and the principle of nullum crimen sine lege

More than 50 years after the end of the Nuremberg Tribunal, the Berlin Mauerschiitzenprozesse, a series of trials in the Nuremberg tradition, devoted to bringing to justice former GDR soldiers and officials involved in the application of deadly force against Republikfluchtlinge on the inner German borders, have reached their crescendo. More than 50 soldiers and officials have received sentences of up to six years’ imprisonment. Among the many issues at hand, none are more important than that of nullum crimen sine lege, or the Rückwirkungsverbot. Is the process of trying and punishing former GDR soldiers and officials legally justifiable under Article 103, section 2 of the Grundgesetz? Or are the Mauerschützenprozesse a classic example of ‘victors ‘justice?’ Using the Nuremberg Tribunal as a foundation, this article will argue that the Mauerschiitzenprozesse are legitimate, and that the sentences imposed against GDR functionaries do not violate the principle of nullum crimen sine lege.