Wirkt sich die ?nderung der Miteigentumsverh?ltnisse w?hrend des Teilungsverfahrens auf die M?glichkeit richterlicher WE-Begründung aus?

Zwar ist nach stRsp auch für Teilungsklagen § 234 ZPO bedeutsam; für die Frage aber, ob im Teilungsprozess WE begründet werden kann, ist der Schluss der mündlichen Verhandlung der Tatsacheninstanz ma?geblich. Die (grundbücherlich bereits durchgeführte) Ver?u?erung von Miteigentumsanteilen der (teilungs-)streitverfangenen Liegenschaft darf nicht dazu führen, im Verfahren die Begründung von WE daran scheitern zu lassen, dass einem durch die grundbücherliche Anmerkung der Teilungsklage gewarnten Anteilserwerber kein WE-Objekt zugewiesen werden kann. Zum prozessualen Verzicht eines Miteigentümers auf Zuweisung eines WE-Objekts.     

Avian influenza, ‘viral sovereignty’, and the politics of health security in Indonesia

Abstract

In December 2006, Indonesian Health Minister, Siti Fadilah Supari, shocked the world when announcing her government would no longer be sharing samples of the H5N1 avian flu virus, collected from Indonesian patients, with the World Health Organization, at a time when global fears of a deadly influenza pandemic were running high. For observers of Southeast Asian politics, the decision reinforced the view of the region as made up of states determined to protect their national sovereignty, at almost all costs. This established view of the region, however, generally neglects the variable and selective manner in which sovereignty has been invoked by Southeast Asian governments, or parts thereof, and fails to identify the conditions shaping the deployment of sovereignty. In this paper, it is argued that Siti's action was designed to harness claims of sovereignty to a domestic political struggle. It was a response to the growing fragmentation and, in some cases, denationalisation of the governance apparatus dealing with public health in Indonesia, along with the ‘securitisation’ of H5N1 internationally. The examination of the virus-sharing dispute demonstrates that in Southeast Asia sovereignty is not so much the ends of government action, but the means utilised by government actors for advancing particular political goals.     

Simplified field preservation of tissues for subsequent DNA analyses

Successful DNA-based identification of mass disaster victims depends on acquiring tissues that are not highly degraded. In this study, multiple protocols for field preservation of tissues for later DNA analysis were tested. Skin and muscle samples were collected from decaying pig carcasses. Tissues were preserved using cold storage, desiccation, or room temperature storage in preservative solutions for up to 6 months. DNA quality was assessed through amplification of successively larger segments of nuclear DNA. Solution-based storage, including a DMSO/NaCl/EDTA mixture, alcohols, and RNAlater preserved DNA of the highest quality, refrigeration was intermediate, and desiccation was least effective. Tissue type and extent of decomposition significantly affected stored DNA quality. Overall, the results indicate that any tissue preservation attempt is far superior to delaying or forgoing preservation efforts, and that simple, inexpensive methods can be highly effective in preserving DNA, thus should be initiated as quickly as possible.     

Detection of genotype recycling fraud in U.S. immigrants

Abstract: Relationship testing laboratories provide genetic evidence to support or refute claims of kinship between U.S. citizen petitioners and potential immigrant beneficiaries. One female beneficiary presented a male amelogenin type and alleles at 15 autosomal loci that were identical to an alleged brother’s. Laboratory records showed that her alleged father had petitioned to have 15 children emigrate from Ghana. The petitioner’s 15 paternity indices exceeded 10⁵, but the children shared only four short tandem repeat (STR) profiles, suggesting fraudulent reuse of genotypes in this alleged pedigree (AP). To determine the extent of this “genotype recycling,” I examined the laboratory’s 555 APs from Ghana and 532 control APs from Nigeria. Seventeen Ghanaian APs (3.1%) but no Nigerian APs showed genotype recycling. Of 90 tested people in the 17 APs, 56 shared identical STR profiles with others in their AP. Of these 56 people, 10 were petitioners with unexpectedly high parentage indices. Seven of 56 had amelogenin types that disagreed with their declared genders. Database searches for identical multilocus genotypes in allegedly different people would best detect this fraud.     

The Patients’ Rights Directive (2011/24/EU) – Providing (some) rights to EU residents seeking healthcare in other Member States

This article presents the main elements of Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare, commonly known as the Patient’s Rights Directive. It is the latest EU initiative with regard to European Health Care and the Single Market. The main elements of the Directive contain provisions related to the prior authorisation of health care in another Member State, the reimbursement of such health care and the removal of unjustified obstacles to achieving these aims.These provisions largely reflect the recent case law of the European Court of the Justice (ECJ). Amongst these are provisions involving the use of personal data. Such provisions will engage data protection issues and will have to be carried out according to the data protection directives. Alongside this primary aim of codifying ECJ case law the Patient’s Rights Directive also introduces novel initiatives aimed at fostering cross border cooperation between various elements of national healthcare systems.Part 1 of this contribution will describe the legal basis and the aims of the PRD, Part 2 will describe the principle obligations placed on the Member States with regard to reimbursement, Parts 3 and 4 will describe other informational and procedural requirements placed upon the Member States of Treatment and Affiliation. Finally Part 5 will outline some of the novel initiatives that have been included in the PRD.The increases in the frequency of cross border-treatment that this directive attempts to facilitate are likely to see a concurrent increase in cross-border patient information flows. Such data flows will be subject to the Union’s provisions on Data Protection. It remains uncertain whether the EU’s Data Protection regime will act as inhibitor to cross-border medical treatment or rather represent a gold standard that allows patients to engage in such activities with peace of mind. The Patient’s Rights Directive will form part of the EU’s future e-Health strategy which envisages a large increase in the fluidity of patient data. A discussion of this directive is therefore merited in this journal.     

外伤性癫痫患者癫痫灶中GABABR1和GluR1的表达

目的探讨外伤性癫痫患者颞叶癫痫灶组织γ-氨基丁酸B受体亚单位（gamma-aminobutyric acid B receptorsubunit,GABABR1）和谷氨酸受体亚单位（glutamic acid receptor subunit,GluR1）的表达变化,以期为阐释外伤性癫痫发生机制和法医学鉴定提供依据。方法收集15例外伤性癫痫患者脑皮质（外伤性癫痫组）1、5例非外性癫痫患者脑皮质（非外伤性癫痫组）、15例交通事故死亡者脑皮质（交通事故死亡对照组）,运用荧光免疫组化技术和RT-PCR技术观察GABABR1和GluR1的表达水平。结果外伤性癫痫组GABAB R1表达水平明显低于对照组,但高于非外伤性癫痫组;外伤性癫痫组GluR1表达水平明显高于对照组,但低于非外伤性癫痫组。结论 GABABR1和GluR1的表达水平的变化在外伤性癫痫病的发病过程中起着一定的作用,可以作为区分外伤性癫痫与非外伤性癫痫的病变化指标之一。     

实时定量PCR检测大鼠脑挫伤后HIF-1α mRNA的表达

目的研究大鼠脑挫伤后挫伤部位脑组织HIF-1α mRNA的表达随损伤时间变化的规律及其在脑损伤时间推断中的应用。方法以Feeney法建立大鼠闭合性脑挫伤模型,应用实时荧光定量PCR技术检测脑挫伤部位HIF-1α mRNA的表达,采用2-△△Ct法比较实验组与对照组脑组织HIF-1α mRNA表达的倍数关系。结果与对照组相比,HIF-1α mRNA的表达在伤后1h即达到高峰,随后下降,伤后24h出现一次较小高峰,3～14d逐渐恢复至对照组水平。结论脑挫伤后HIF-1α mRNA的表达随损伤时间的变化呈现出一定规律性,可作为推断早期脑挫伤经过时间的生物学指标之一。     

尿中五氯酚和2.4-二氯-6-硝基苯酚气相色谱分析

目的建立利用气相色谱分析检测尿中五氯酚和2,4-二氯-6-硝基苯酚的方法。方法取空白尿液添加五氯酚和2.4-二氯-6-硝基苯酚标准品及内标2.4-二氯苯酚,经乙酸酐衍生化后,采用气相色谱法进行检测,并对提取方法、衍生化条件等进行考察。结果经气相色谱分析,尿中五氯酚和2.4-二氯-6-硝基苯酚可得到有效分离,无杂质干扰且峰形较好。在pH值为2条件下,以环己烷作为萃取溶剂为最佳萃取条件。衍生化优选条件为使用10灿乙酸酐并加入10μL无水吡啶,60℃反应30min。结论采用气相色谱法检测尿中五氯酚和2.4-二氯-6-硝基苯酚,方法简单、结果准确,可在实际办案中应用。     

Concordance study between the AmpFlSTR MiniFiler PCR amplification kit and conventional STR typing kits

The AmpFlSTR MiniFiler polymerase chain reaction amplification kit developed by Applied Biosystems enables size reduction on eight of the larger STR loci amplified in the Identifiler kit, which will aid recovery of information from highly degraded DNA samples. The MiniFiler Kit amplifies CSF1PO, FGA, D2S1338, D7S820, D13S317, D16S539, D18S51, and D21S11 as well as the sex-typing locus amelogenin. A total of 1308 samples were evaluated with both the MiniFiler and Identifiler STR kits: 449 African American, 445 Caucasian, 207 Hispanic, and 207 Asian individuals. Full concordance between Identifiler and MiniFiler Kits was observed in 99.7% (10,437 out of 10,464) STR allele calls compared. The 27 differences seen are listed in Table 1 and encompass the loci D13S317 (n = 14) and D16S539 (n = 10) as well as D18S51 (n = 1), D7S820 (n = 1), and CSF1PO (n = 1). Genotyping discrepancies between the Identifiler and MiniFiler kits were confirmed by reamplification of the samples and further testing using the PowerPlex 16 kit in many cases. DNA sequence analysis was also performed in order to understand the nature of the genetic variations causing the allele dropout or apparent repeat unit shift.     

Developmental validation of reduced-size STR Miniplex primer sets

This paper describes a developmental validation study of three Miniplex sets covering 12 of the 13 CODIS loci. As these new sets will be used for the analysis of degraded and low level DNA, the validation studies were performed using 100-125 pg of DNA, the lowest input level at which peak balance, peak intensity, and allele consistency were stable. To demonstrate the applicability of the Miniplex sets to forensic casework, these validation studies were completed in accordance with the Scientific Working Group on DNA Analysis Methods (SWGDAM). A range of tests were performed including studies of concordance with standard multiplex kits, sensitivity and reproducibility, and PCR amplification conditions. Additionally, studies of mixtures, nonhuman and environmentally degraded DNA, and simulated forensic samples were performed. Our results demonstrate that Miniplex STR amplification procedures are a robust and sensitive tool for the analysis of degraded DNA.