Diesel fumes do kill: a case of fatal carbon monoxide poisoning directly attributed to diesel fuel exhaust with a 10-year retrospective case and literature review*

While it is known that diesel fuel combustion engines produce much lower concentrations of carbon monoxide (CO) than gasoline engines, these emissions could certainly generate lethal ambient concentrations given a sufficient amount of time in an enclosed space and under suitable environmental conditions. The authors report a case of CO poisoning which was initially referred for autopsy as a presumed natural death of a truck driver found in the secure cab of a running diesel tractor trailer truck. Completion of the preliminary investigation ascribed death to complications of ischemic heart disease (IHD), pending toxicological analysis that included quantification of CO. When the toxicology results showed lethal blood COHbg, the cause of death was re-certified as CO intoxication secondary to inhalation of (diesel) vehicular exhaust fumes. Because of the unique source of fatal CO intoxication in this case, the contributory IHD and the possible contaminants in the putrefied blood, a 10-year retrospective review was conducted on all nonfire related CO deaths autopsied (n = 94) at the Office of the Chief Medical Examiner in Louisville, KY from 1994 to 2003. For validation of the COHbg detection method used by the Kentucky Office of Forensic Toxicology (KYOFT), blood samples from these cases along with controls were submitted to three laboratories using various analytical methods yielding no statistically significant differences. Lastly, an extensive literature review produced no scientifically reported cases of fatal CO poisoning attributed to diesel fuel exhaust.     

Public Perceptions of Benefits from and Worries over Plant‐Made Industrial Products and Plant‐Made Pharmaceuticals: The Influence of Institutional Trust

Although agricultural biotechnology has been a seminal reference point in risk perception studies, public awareness of their exposure to risk deriving from this new technology has been minimal at best. However, recent events indicate there may be growing public concern as new variations of this technology appear. Understanding what drives perceptions of benefits from the third generation of the agricultural biotechnology and what determines public worries are keys for the future of this technology. To this end, this study analyzes survey data from the midsouth region of the United States to construct four separate regression models of perceived benefits from and worries over plant‐made industrial products and plant‐made pharmaceuticals. Findings suggest that while prior experience with and knowledge about agricultural biotechnology has an impact on perceptions of benefits and worries, trust in farmers plays a highly important role in determining perceptions.     

The Sovereign Event in a Nation's Law

This article interrogates the relationship between the sovereign event and a legal decision that purports to place sovereignty beyond law. It argues that sovereignty cannot be regarded as unitary, and elaborates the process of iterability by which the sovereign event is split from the outset. This dynamic is examined through an interrogation of the non-justiciability of sovereignty in Mabo v. Queensland (No. 2)(1992). Along with the unitary conception of sovereignty, Mabo (No. 2) deployed an absolute measure for community in the form of the ‘skeletal principle’ of the doctrine of tenure. The paper argues that a conception of the political that affirms the One sovereign source of community and law instead of the original dis-position of law, nation and community repeats the original violence, and will, at best, run aground on the righteous (mis)recognition of the ‘appropriate savage’. It concludes with an indicative rethinking of community through the thought of Jean-Luc Nancy. This revised version was published online in July 2006 with corrections to the Cover Date.     

Moral Reasoning in the Context of Reform: A Study of Russian Officials

This article reports on an exploratory study of ethical reasoning among public administrators in Russia. Survey interviews and focus group follow-ups with civil servants participating in graduate training programs at the Russian Academy of Public Service provide information about their preferred mode of ethical reasoning; the demographic, attitudinal, organizational, and professional factors associated with that reasoning; and the behavioral choices implied. Using a sample of 113 public officials who represent a broad spectrum of regions in Russia, this study assesses moral reasoning, examines variables associated with alternative models, and compares these responses with findings from studies conducted in Poland and the United States. Based on this exploratory study, we suggest implications for theory, research, and practice.     

新老法律现实主义:“今非昔比”

追溯从1920—1930年代的法律现实主义流派到“法与社会研究”40年的学术发展史,可以看到今天的法律、政治或社会环境与早期法学现实主义所处的环境已全然不同,在“法与社会研究学会”成立40年之后,新法律现实主义作为社会环境和法律界观念变革的结果应运而生,预示着一种法学研究的新趋势。新法律现实主义将努力克服前辈的局限性和不足,积极倡导一种自下而上的经验研究方法,强调对法律作用的认识和制度的建构应该从事实出发,主张进一步推进法与社会的互动,以及法律教育与法律职业的改革。今天,时代开始转变,更多的人开始关注法律是如何运作的,而不是仅仅拘泥于上诉法院的判例和精美的理论。随着社会科学和经验性研究的方法逐步被法学界所接受,法学和法律教育的变革已经开始。     

State, Citizen, and Character in French Criminal Process

This paper charts some major differences in the way in which evidence of the defendant's character is treated in France when compared with practice in England and Wales. Such evidence is more pervasive and visible (especially in the most serious cases) and its relevance is more broadly defined. Further, its presentation is shaped by a developed and positive conception of the French citizen. In part, these differences may be explained by differences in procedural tradition: the unitary trial structure in France, the dominance of fact—finding by the professional judiciary, and the rejection of general exclusionary rules of evidence. But a full explanation requires French legal culture to be understood in the context of French political culture. This reveals a very different conception of relations between state and citizen to that of Anglo-Saxon liberalism. As a result the legitimacy of trial is seen in terms of the rehabilitation of the accused as a citizen of the state rather than simply the punishment of a particular infraction.