Science and the Death Penalty: DNA, Innocence, and the Debate over Capital Punishment in the United States

The death penalty debate in the United States has recently undergone a fundamental shift. The possibility of executing the innocent has emerged as some abolitionists' most salient argument, displacing debates over such issues as fairness, deterrence, and cost. Innocence has managed to move to the fore of the debate in part because of the success of death penalty opponents in attaching epistemological certainty to one particular category of postconviction exonerations, those vouched for by the authority of DNA evidence. We suggest that such moves are primarily rhetorical because, while DNA evidence may be more accurate and reliable than other forensic science, it still fundamentally probabilistic in nature and is prone to uncertainties at all stages of its production. Yet, because of the certainty attached to DNA evidence in public discourse, it can be used as a lever with which to challenge law's claims to truth-making authority, and to undermine public trust in the death penalty. A few abolitionists and other scholars have expressed misgivings about the abolitionist embrace of the innocence argument. We push this concern further, suggesting that both abolitionists and death penalty reformers, who seek to promote a "scientific" death penalty centered on DNA evidence, draw upon a mythologized notion of "science" as a producer of epistemic certainty.     

Art and copyright: some current issues

Legal context IP lawyers are increasingly having to advise onart-related copyright matters. Current issues include the strongcopyright protection given to images, uncertainty in the protectiongiven to innovative contemporary art works, problems in applyingthe fair dealing exceptions to art works, and the increasingrelevance of other IP rights. Key points Image rights receive strong protection - photographsof public domain art works are protected in the basis of long-standingauthority (although there are arguments against such a view).Whether an artistic work is protected by copyright depends onwhether the work falls into the closed list of categories insection 4 of the Copyright, Designs and Patents Act 1988 (painting,drawing, engraving, sculpture, etc). Much contemporary art doesnot fall neatly within these categories. Categorisation willalso be in issue as far as Artist's Resale Right is concerned.There is lack of understanding amongst internet artists aboutthe copyright restrictions that apply to digital works and concernsare raised more generally about the lawfulness of appropriationart. Practical significance Lawyers advising artists and those exploitingartistic works need to be aware of the potentially broad scopegiven in UK law to protecting works of art (including photographsof public domain works such as Old Master paintings) and tothe conflict between copyright and the practice of appropriationart. Where infringement claims are being considered fair dealingarguments and the possible impact of human rights law in guaranteeingfreedom of expression will need to be carefully considered.There has been little reported litigation on moral rights butthis aspect cannot be ignored. Trade mark rights, design lawand passing off may also need to be considered.     

OHIM Board of Appeal applies genuine use criteria to small-scale usage

This decision illustrates the consequences of the European Courtof Justice (ECJ) ruling in Ansul v Ajax [2003] ETMR 85 that,in establishing whether there has been genuine use of the markon the market, the conditions prevalent in the market for whichthe goods are registered must be taken into account.     

Soya thought your patent had been infringed?

This case highlights potential limitations of patents relatingto genetically transformed plants and animals, also providingsome comfort to patentees by confirming that there is no defenceto patent infringement in the UK by virtue of a sample containingonly a trace of potentially infringing material.     

After Government? On Representing Law Without the State

For the greater part of the 20th century, representations of law as state law were dominant in the legal scholarship of the West. But over the last thirty years sustained attempts have been made, notably under the self-conscious banner of legal pluralism, to loosen the conceptual bonds between law and government. Early on, acephalous societies in formerly colonial territories and local groupings within the metropolis were represented as legal orders. Latterly, as attention shifted to orderings at regional and global level beyond the nation state, attempts have been made to delineate a general jurisprudence. It is argued here that these conceptual revisions have for the most part been problematic, made in the face of strong evidence linking the cultural assemblage we have come to call law with projects of government. The lecture concludes with a plea that we should be very cautious in representing what are essentially negotiated orders, whether at local or global level, as legal orders; these remain significantly different from those at the level of the state. Today, under an onslaught of jural discourse and institutional design, the distinctive rationalities and values of negotiated order, while arguably deserving to be celebrated, are effectively effaced.     

Canada's Indians: norms of responsible government under federalism

Abstract: This study examines the application of norms of responsible government in Indian governments. We discuss Indian Act bands and the ten bands under separate self-government legislation. In addition, the study looks closely at ten self-government proposals involving forty-seven communities that were under negotiation as of April 1991. We measure these twenty cases through a matrix of principles of accountability by governmental fields. These include enacting laws, leadership selection, lands and resources management, financial management, and band membership. The study argues that Canada's Indians do not need to take any lessons from non-Indians on the importance of the accountability of leaders. In many aspects Indian norms of accountability, particularly those in a self-government setting, are more direct and potentially richer in practice than those typically enjoyed by most non-Indian Canadian citizens. The study concludes that the practice of responsible government by Indians deserves its rightful place within the mainstream of the study of public administration in Canada. Sommaire: Cette étude se penche sur l'application aux gouvernements indiens des normes définissant un gouvernement responsable. Elle discute des bandes qui relèvant de la Loi sur les Indiens et des dix bandes qui sont sous le coup de mesures législatives distinctes d'auto-gouvernement. De plus, elle examine de près dix propositions gouvernementales mettant enjeu 47 collectivités et qui en étaient au stade des négociations en avril 1991. Nous évaluons ces 20 cas grâce à une matrice de principes d'obligation redditionnelle par secteurs gouvernementaux, tels que l'adoption des lois, la sélection des leaders, la gestion des terres, des ressources et des fonds, et l'appartenance aux bandes. L'étude soutient que les Canadiens non-indiens n'ont pas de leçons à donner aux Indiens du Canada sur l'importance de la responsabilisation des leaders. À bien des égards, les normes d'obligation redditionnelle des Indiens -surtout dans un contexte d'auto-gouvernement - sont plus directes et potentiellement plus riches sur le plan pratique que celles en vigueur parmi la plupart des citoyens canadiens non-indiens. L'étude conclut que les Indiens ont pleinement droit à un auto-gouvernement capable     

Silent suicide in the elderly

The suicide rate in the United States rises consistently with age. Silent suicide is defined as the intention, often masked, to kill oneself by nonviolent means through self-starvation or noncompliance with essential medical treatment. Silent suicide frequently goes unrecognized because of undiagnosed depression and the interjection of the personal belief systems of health-care providers and family members. Elderly individuals committing silent suicide are often thought to be making rational end of life decisions. However, the elderly committing silent suicide must be distinguished from terminally ill patients who refuse further treatment in order not to prolong the act of dying. The clinical/legal issues surrounding silent suicide will be discussed.