The Child's Attorney and the Alienated Child: Approaches to Resolving the Ethical Dilemma of Diminished Capacity

Increasingly lawyers for children follow a model of “client centered” (as opposed to “best interests”) representation in child custody disputes in which the child client defines the objectives of the representation. The client‐centered model, while appropriate in most cases to give voice to the child's preferences in a process that deeply impacts him or her, can create an ethical dilemma for the child's lawyer in cases where a child is truly alienated from the other parent by the actions of the alienating parent. Alienated children strongly and unreasonably express a preference for objectives of representation that might further damage the alienated parent's relationship with the child. The alienated child's objectives may be the result of a campaign of denigration and “brainwashing” by the alienating parent. This Note suggests that when a child is truly alienated from a parent, as diagnosed by a mental health expert, the child may have “diminished capacity” and therefore, the client‐directed model of representation is not adequate. This Note proposes that the Child's Attorney must determine whether the child is of diminished capacity under the Model Rules of Professional Conduct and, if so, must treat the client accordingly under Rule 1.14. Specifically, the attorney may, if all other remedial measures are inadequate, override the child's wishes and advocate a position that the child would take, but for the brainwashing of the child used to alienate him or her from a parent.     

ACTA的＂变相＂回归及中国对策研究

2012年7月4日,ACTA在欧盟批准程序的失败宣告着ACTA文本的落幕,正当国际社会松下一口气的时候,美国主导的TPP、TTIP谈判进入人们的视野,其文本草案无一不在昭示着ACTA＂变相＂回归的趋势。中国作为世界第二大经济体国家将深受其害,不论是经济、政治还是文化都将受到一定程度的影响。对此,中国应持续关注谈判进展,从政府、企业和学者层面积极寻求科学、合理的应对之策,以此减轻、化解TPP、TTIP协议可能带来的冲击。     

劳动权的防御权功能与国家的尊重义务

防御权功能是劳动权的首要功能,以防止国家权力的干预、为公民创设"自由空间"为旨趣。公民劳动权的起始之处,即国家权力的终止之所。防御权功能属于"主观权利"范畴,公民享有"不作为请求权"、"停止侵害请求权"。尽管我国《宪法》未规定劳动自由,然而,从"事实"与"规范"二维度看,防御权功能亦是我国劳动权的题中之义。劳动权的防御权功能之实现仰赖国家履行"消极不作为"的"尊重义务"。尊重义务是劳动权保障的根本义务,立法机关和司法机关是尊重义务的主体,行政机关在一定程度上具有尊重义务的主体资格。     

Heroin addictions in Italians: Evaluation of OPRM1 genetic variants by case–control association study

The opportunities to analyse the genetic variations related to the risk of addiction are of interest to forensics, who beside their involvement in drugs-related fatalities may also be required to assess driving and working ability as well as permanent invalidity due to drugs-related conditions. Several genetic variants have been shown to be associated with heroin addiction. The most investigated gene is OPMR1 that encode the μ-opioid receptor. The purpose of this study was to examine the contribution of genetics variants in OPRM1 to the susceptibility to addiction.     

Multiplex high resolution melt (HRM) messenger RNA profiling assays for body fluid identification

Traditional body fluid identification methods use a variety of technologically diverse techniques that do not permit the identification of all body fluids. Definitive identification of the biological material present can be crucial to a fuller understanding of the circumstances pertaining to a crime. Thus definitive molecular based strategies for the conclusive identification of forensically relevant biological fluids need to be developed. Messenger (mRNA) profiling is an example of such a molecular based approach.Current mRNA body fluid identification assays typically involve either capillary electrophoresis (CE) or quantitative RT-PCR (qRT-PCR) platforms, each with its own limitations. Both platforms require the use of expensive fluorescently labeled primers or probes. CE-based assays require separate amplification and detection steps thus increasing the time required for analysis. For qRT-PCR assays, only 3 or 4 markers can be included in a single reaction since each requires a different fluorescent dye. To simplify mRNA profiling assays and to reduce the time and cost of analysis, we have developed multiplex high resolution melt (HRM) assays that provide an identification of all forensically relevant biological fluids and tissues.     

Development of 30 InDel markers typing system and genetic analysis in five different Chinese populations

Allele frequencies of 30 InDel markers previously selected and validated for forensic purpose were assessed in 419 unrelated individuals originating from five different populations of Chinese Han, Chinese Hui, Uighur, Mongolian and Tibetan in P.R. China. Hardy–Weinberg equilibrium tests and linkage disequilibrium analysis were performed and the results showed that allele frequency distributions of the 30 InDel markers had meet the genetic equilibrium in all of the five populations and the InDel markers on same chromosome did not generate any linkage block. Analysis of molecular variance (AMOVA) indicated that genetic variation among the 5 studied populations represent only 4.00% of the total genetic diversity. We observed the cumulative power of discrimination (CPD) for each studied population was 0.99999999999841 in Chinese Han population, 0.99999999999690 in Chinese Hui population, 0.99999999999709 in Uighur population, 0.99999999999772 in Mongolian population and 0.99999999999854 in Tibetan population.