Neither aider nor abettor be: attorneys become prosecutorial targets for federal healthcare crimes

Attorneys representing healthcare entities are not immune to federal criminal prosecution for the assistance that they give their clients. This Article focuses on potential attorney liability for aiding and abetting a client's violation of law. The author examines the securities, tax, and white-collar crime fields for guidance regarding the interpretation and application of the federal aiding and abetting statute to attorneys practicing in the health law field. Based on these analogous areas, and upon the federal criminal statutes applicable in the healthcare field, he recommends steps that can be taken to minimize the possibility of aiding and abetting liability. In addition, he recommends that the courts require a prosecutorial showing of both actual knowledge of wrong-doing and wrongful intent before imposing aider and abettor liability upon health law practitioners.     

Sudden death after release from police detention]

3 fatalities shortly after discharge from police custody are reported. Case 1: A 55-year old alcoholic was discharged from police custody after taking a blood sample under violent conditions and found dead in his flat 2 days later. Cause of death: arrhythmia due to acute coronary insufficiency or alcoholic cardiomyopathy. Case 2: A 27-year-old alcoholic was met highly intoxicated twice in the course of one day, was put in the family's care and was found dead the next morning. Cause of death: alcohol/drug intoxication with agonal aspiration. Case 3: A 32-year-old man known to be prone to seizures and to become aggressive under the influence of alcohol was left by the police in medical care confined to a litter in a "hog-tied" fashion with the help of 3 belts. Cause of death: cerebral hypoxia after respiratory and cardiac arrest of unknown reason. A causal relationship with positional restraint is discussed. The cases reported underline the duty of the police to examine prior to discharge from custody with the appropriate lot of care whether the person held in custody has recovered from the helpless state due to disease, injury or intoxication or if medical treatment is required.     

Victim-related aspects of homicide of elderly persons in the catchment area of the Bonn Forensic Medicine Institute]

The present study examines the circumstances of 19 homicides involving 10 males and 9 females 60 years of age or older, which were submitted to the Bonn Institute of Forensic Medicine for autopsy. The incidence of these homicides sharply decreased by age. The causes of death were blunt force injuries alone or in combination in 8 cases and strangulation in 5 cases, thus reflecting the importance of the direct physical assault. Defense wounds were found in only 6 cases. The deceased unexceptionally suffered from diseases of the cardiovascular or respiratory system. Robbery or family/partner conflicts accounted for the vast majority of motives. Both, the most common location for homicide being in the victim's own residence and the high proportion of neighbours, acquaintances and relatives among the assailants underline that violence in the close social context endanger the elderly more than conventional violent street crimes. In the victims of homicide the elderly were represented in a smaller proportion than their percentage in the population at large. Over the 8 years of the present study there was no increasing tendency in the homicide rate in the elderly population.     

Dimensions of democracies

Nomination: Arguments in favour of 'Democracies_—' by Manfred G. Schmidt, p.193
Reflections: Dimensions of democracy by Arend Lijphart, p.195     

Endogenizing the median voter: Public choice goes to school

This paper investigates implications of the relationship between voter self-selection and the behavior of politicians. Voter self-selection arises in elections because only a portion of eligible voters actually vote. It is likely to be more pronounced whenever the implied net benefits from a given electoral choice are disproportionately distributed across voters. Public choice theory predicts that incumbent officials will manipulate this self-election pursuant to the maximization of their personal objective functions. This paper provides evidence from school bond elections that politicians influence voter self-selection via manipulation of election parameters.     

Christian Müller: Das vertragstheoretische Argument in der Ökonomik

Politische Vierteljahresschrift -     

Political performance and types of democracy: Findings from comparative studies

Abstract. This essay explores the relationships between political performance profiles and major types of democracy from a comparative perspective. The article focuses attention mainly on the political performance of majoritarian and non-majoritarian government, democracies with small and large numbers of veto players, hybrid regimes, presidentialism and parliamentary government, referendum democracy and representative government, and established as apposed to partial democracies. The findings point to relatively robust and significant patterns of relationships between performance and type of democracy. Types of democracy are important constraints and represent at the same time enabling conditions of policy choices. However, a caveat must be added: types of democracy do not determine policy choices and they also do not determine the outcome of these choices.     

Assessment of accuracy of suicide mortality surveillance data in South Africa: investigation in an urban setting

Although it is not a legal requirement in South Africa, medical practitioners determine the manner of injury death for a surveillance system that is currently the only source of epidemiological data on suicide. This study assessed the accuracy of suicide data as recorded in the system using the docket produced from standard medico-legal investigation procedures as the gold standard. It was conducted in one of three cities where the surveillance system had full coverage for the year 2000. In the medico-legal system, one-third of cases could not be tracked, had not been finalized, or had unclear outcomes. For the remaining cases, the sensitivity, specificity, and positive and negative predictive values were generally high, varying somewhat across sex and race groups. Poisoning, jumping, and railway suicides were more likely than other methods to be misclassified, and were more common among females and Whites. The study provides encouraging results regarding the use of medical practitioner expertise for the accurate determination of suicide deaths. However, suicides may still be underestimated in this process given the challenge of tracing disguised suicides and without the careful examination of potential misclassifications of true suicides as unintentional deaths.     

The Role of Academic Achievement in the Relationship between School Ethos and Adolescent Distress and Aggression: A Study of Ninth Grade Students in the Segregated School Landscape of Stockholm

Journal of Youth and Adolescence - Equitable access to high-quality schools is important for student achievement. However, the increasing attention placed on adolescent mental health promotion...     

Results of the 2018 Rapid DNA Maturity Assessment

Three commercially available integrated rapid DNA instruments were tested as a part of a rapid DNA maturity assessment in July of 2018. The assessment was conducted with sets of blinded single-source reference samples provided to participants for testing on the individual rapid platforms within their laboratories. The data were returned to the National Institute of Standards and Technology (NIST) for review and analysis. Both FBI-defined automated review (Rapid DNA Analysis) and manual review (Modified Rapid DNA Analysis) of the datasets were conducted to assess the success of genotyping the 20 Combined DNA Index System (CODIS) core STR loci and full profiles generated by the instruments. Genotype results from the multiple platforms, participating laboratories, and STR typing chemistries were combined into a single analysis. The Rapid DNA Analysis resulted in a success rate of 80% for full profiles (85% for the 20 CODIS core loci) with automated analysis. Modified Rapid DNA Analysis resulted in a success rate of 90% for both the CODIS 20 core loci and full profiles (all attempted loci per chemistry). An analysis of the peak height ratios demonstrated that 95% of all heterozygous alleles were above 59% heterozygote balance. For base-pair sizing precision, the precision was below the standard 0.5 bp deviation for both the ANDE 6C System and the RapidHIT 200.