从宁波工艺品公司案看我国法院对涉外仲裁协议的监督

国家法院对仲裁协议实施监督的核心问题,就是仲裁协议的效力和仲裁庭管辖权的认定：在仲裁程序开始之前,法院就应当根据另一方当事人的请求,令当事人将协议项下的事项提交仲裁解决,除非法院认定仲裁协议无效、失效,或者不能履行;在仲裁程序开始之后,法院仍然有权根据一方当事人的请求对仲裁协议有效性和仲裁庭的管辖权问题进行审理,法院的此项权力来源于法院地国的国内法;在仲裁程序结束之后,当事人还可以裁决所依据的仲裁协议无效为由,申请法院撤销此根据无效仲裁协议作出的裁决,或者拒绝承认与执行此裁决。但如果当事人在仲裁程序中放弃了对仲裁协议有效性或者仲裁庭的管辖权提出异议的权利,则当事人在裁决作出就不能再以仲裁协议无效或者仲裁庭对仲裁协议项下的争议没有管辖权为由,请求法院撤销或者拒绝执行此仲裁裁决。     

Variation in Developmental Time for Geographically Distinct Populations of the Common Green Bottle Fly,Lucilia sericata (Meigen)*

Abstract: Time between death and discovery of remains, or postmortem interval (PMI), can be assessed using blow fly maggot age. Forensic entomologists rely on published, often nonlocal, species‐specific developmental tables to determine maggot age. In a series of common garden experiments, we investigated the developmental rate variation between populations of Lucilia sericata collected from Sacramento, CA, San Diego, CA, and Easton, MA at 16°C, 26°C, and 36°C. For the 16°C trial the time measurement started at egg hatch, while for the higher temperatures the experiment began at oviposition; the wandering stage signified the endpoint for all experiments. The distribution of developmental times differed significantly (ANOVA, p < 0.001) between the three populations within each temperature treatment. We discovered that regional variation of developmental times within a blow fly species exists. This study demonstrates the importance of assembling local population‐specific developmental tables when estimating larval age to determine PMI.     

Assessment of Wear‐Related Features of the Kerf Wall from Saw Marks in Bone*†

Abstract: Analyses of saw marks in bone may yield important information about the class characteristics of saws used in postmortem dismemberments, yet little research has been directed at identifying saws’ individualizing characteristics. This study adds to existing saw mark analysis methodologies by examining wear‐related features of kerf walls using light‐ and environmental scanning electron microscopy. A crosscut saw and hacksaw were used to create sequences of 30 cuts in bone; these sequences reveal patterns of progressive loss of fine details of kerf wall morphology with increasing saw blade wear, because of the rounding of sharp points and edges. Nevertheless, diagnostic kerf wall features used to establish class characteristics persist despite these wear‐related changes. Unsuccessful attempts at statistical analysis of wear‐related changes, based on striae width and density, suggest these patterns are not readily quantifiable. Additionally, despite the scanning electron microscope’s superior imaging capabilities, it provided few practical, methodological gains over traditional light microscopy.     

Identification of the Edentulous Individual: An Investigation into the Accuracy of Radiographic Identifications*

Abstract: The dental identification of edentulous individuals can be challenging based on the lack of antemortem materials and unique features visible on radiographs. The constant resorption of the alveolar ridges further complicates the process. The purpose of this study was to quantify the error rate and reliability of dental identifications based on a comparison of synthesized antemortem and postmortem radiographs of edentulous individuals. Ten observers examined ten cases on two occasions and reported dichotomous and conclusion level decisions. These were analyzed using Kappa and Receiver Operator Characteristics. The mean area under the curve was 0.75 and the mean sensitivity was 0.57 and specificity was 0.83. These results suggest that dental identifications of edentulous individuals using radiographs alone have a high error rate and should be dual reported. These data add further weight to the argument that all dental prostheses should be labeled.     

Growth of Chrysomya megacephala (Fabricius) Maggots in a Morgue Cooler*

Abstract: In estimating the postmortem interval (PMI) using maggots obtained during autopsy, the forensic entomologist makes decisions regarding the effects of low‐temperature storage of the body on the insects. In this case report, a corpse was found in an abandoned house in the residential area of Bukit Mertajam, Penang, Malaysia. The maggots were found to be alive inside the mouth of the deceased although the corpse had been in the morgue cooler for 12 days. The maggots were reared and identified as Chrysomya megacephala (Fabricius). The emerged adult flies were kept as a stock colony, and the duration of development under the indoor fluctuating temperature regime was studied. The total duration of developmental process of this species was 9.5 ± 0.5 days, and the PMI estimated was 3.2 ± 0.6 days. This case report demonstrates the survival of Ch. megacephala maggots for 12 days and their growth inside the morgue cooler.     

Skeletal Indicators of Shark Feeding on Human Remains: Evidence from Florida Forensic Anthropology Cases

This research examines a series of six Florida forensic anthropology cases that exhibit taphonomic evidence of marine deposition and shark‐feeding activities. In each case, we analyzed patterns of trauma/damage on the skeletal remains (e.g., sharp‐force bone gouges and punctures) and possible mechanisms by which they were inflicted during shark predation/scavenging. In some cases, shark teeth were embedded in the remains; in the absence of this evidence, we measured interdental distance from defects in the bone to estimate shark body length, as well as to draw inferences about the potential species responsible. We discuss similarities and differences among the cases and make comparisons to literature documenting diagnostic shark‐inflicted damage to human remains from nearby regions. We find that the majority of cases potentially involve bull or tiger sharks scavenging the remains of previously deceased, adult male individuals. This scavenging results in a distinctive taphonomic signature including incised gouges in cortical bone.     

A Comparison of US and Japanese Dental Restorative Care Present on Service Members Recovered from the WWII Era

The documentation of dental materials used in the USA during the WWII era is readily available, while references for the Japanese are minimal. It was therefore important to build a photographic database of Japanese restorative care which could be utilized as a comparison tool for the deployed odontologist. The dental restorative care of approximately 400 US and 100 Japanese sets of remains was evaluated. Both countries share many similar restorative techniques to include collared crowns, full‐coverage restorations, cantilever bridge/pontics to close spaces; restorative materials such as amalgam, gold, and zinc phosphate (temporary) restorations; and removable prostheses. The dental restorative materials most commonly used by US dentists include the amalgam and silicate cement, while the full‐coverage crown was the type of restoration most frequently seen on the Japanese remains. Silicates, porcelain and replaceable crowns, and partial‐coverage prepared crowns were not observed on the recovered Japanese remains.     

The gendering effects of co-authorship in criminology & criminal justice research

Historically, research from various fields has indicated that females are underrepresented in academic papers. Not only are females less likely to publish relative to males, but they are also less likely to be sole-, co-, and first-authors in journal publications. While this gender discrepancy has become smaller in recent decades, males are still disproportionately represented in academic papers. The current study reviews author characteristics of articles published in the top fifteen criminology/criminal justice journals over a forty-year period (1974–2014). Among the 11,348 articles in the study, results indicated that while female sole- and first-authorship increased throughout the study period, 26.6% of sole-authors were female while 32% were first-authors and composed 33.3% of all co-authors. Further, females were less likely to be sole- and first-authors, less likely to have co-authors, and more likely to publish with other female co-authors.     

Bupropion Overdose Resulted in a Pharmacobezoar in a Fatal Bupropion (Wellbutrin®) Sustained‐release Overdose: Postmortem Distribution of Bupropion and its Major Metabolites

Bupropion (BUP) overdose commonly causes generalized seizures and central nervous system depression. The case of a 28‐year‐old woman who died from a massive lethal overdose with sustained‐release bupropion (Wellbutrin^® 300 mg) is herein presented. The autopsy revealed the presence of a pharmacobezoar consisting of at least 40 tablets in the stomach. Determination of bupropion and its active metabolites (hydroxybupropion, threobupropion, erythrobupropion) was achieved by a liquid chromatographic mass spectrometry (LC‐MS/MS) method. Postmortem concentrations for bupropion, hydroxybupropion, threobupropion, and erythrobupropion were obtained in intracranial blood, urine, bile, liver, kidney, and vitreous humor. In this case, intracranial blood level of the parent drug was 1.9 mg/L. Threobupropion was the most abundant metabolite in both blood and urine, 59.3 and 890.6 mg/L. Tissue distribution showed the highest concentration in the liver, 12.3 mg/kg. The 0.8 bupropion concentration ratio vitreous/blood suggested that vitreous could be a valuable specimen for toxicological analysis should postmortem blood be unavailable.     

AGE AND ITS RELATION TO CRIME IN TAIWAN AND THE UNITED STATES: INVARIANT,OR DOES CULTURAL CONTEXT MATTER?*

Current empirical and theoretical understanding of the relation between age and crime is based almost entirely on data from the United States and a few prototypical Western societies for which age‐specific crime information across offense types is available. By using Western databases, Hirschi and Gottfredson (1983) projected that the age distribution of crime is always and everywhere robustly right‐skewed (i.e., sharp adolescent peak)—a thesis that is both contested and widely accepted in criminology and social science writings. In the study described here, we tested this age–crime invariance thesis by comparing age–crime patterns in Taiwan (a non‐Western Chinese society) with those in the United States. In light of Taiwan's collectivist culture versus the U.S. individualist gestalt, we anticipated more divergence than homogeneity in their age–crime schedules. Our findings show robust divergence in Taiwan's age–crime patterns compared with U.S. patterns and the reverted J‐shaped norm projected by Hirschi and Gottfredson. Implications for research and theory on the age–crime relation and for studying human development or life‐course topics more broadly are discussed.