Ancestral analysis of a Native American Ecuadorian family with congenital insensitivity to pain with anhidrosis

Congenital insensitivity to pain with anhidrosis (CIPA) is an extremely rare autosomal recessive disorder characterized by self-mutilating behavior, unexplained fever, inability to sweat and intellectual disability. CIPA pathogenesis is associated with genetic loss-of-function mutations of the NTRK1 gene, which is auto phosphorylated activating intracellular signaling transduction such as cell survival, growth and differentiation. CIPA occurs with an incidence of 1 in 125 million newborns, and only some hundreds of cases have been reported worldwide. Most of cases have been reported in Asian countries. Here, we estimate the ancestral proportions of a family with consanguinity background affected with CIPA, who carries the missense pathogenic mutations rs80356677 (Asp674Tyr) in the kinase domain of NTRK1 and rs324420 (Pro129Thr) in the FAAH gene. The ancestral proportion was calculated through 45 ancestry informative markers (AIMs) and the comparison was done through the Human Genome Diversity Project panel. The resulting allele frequencies in CIPA family indicate a prevalence of the Native American ancestral component with 87.9%, and minor proportion for the European (8.9%) and African (3%) components. In conclusion, the genetic variations expressing CIPA in a Native American Ecuadorian family could have been caused by the insertion of certain genetic characteristics, which have been passed down from common ancestors as consequence of migration towards South America.     

Wrong about Rights: Public Knowledge of Key Areas of Consumer,Housing and Employment Law in England and Wales

Over many decades, processes of juridification have brought about huge growth in legal rights, responsibilities and protections, yet citizens appear to poorly understand this ‘law thick’ world. This impacts citizens’ capacity to ‘name, blame and claim’ in the legal domain at a time of retreat from public funding of civil legal services. This article examines public knowledge of rights in key areas relating to consumer, housing and employment law. Drawing on data from the 2010–2012 English and Welsh Civil and Social Justice Survey, the article uses responses to a series of hypothetical scenarios to explore public knowledge of rights and characteristics associated with knowledge. Our findings highlight a substantial deficit in individuals’ understanding of legal rights and responsibilities – even among those for whom particular rights and responsibilities have specific bearing. We also consider what these findings mean for public legal education and the efficiency, efficacy and legitimacy of the law.     

Introducing the Open Clause to improve copyright flexibility in cyberspace? Analysis and commentary on the proposed “two-step test” in the Third Amendment to the Copyright Law of the PRC,in comparison with the EU and the US

The so called “three-step test”, that the limitations and exceptions of copyright shall be allowed in certain special cases, provided that they do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author, grants copyright flexibilities to balance the interests of all stakeholders, especially within the European system of circumscribed limitations and exceptions. This is essential for the domain of computer law, confronted by rapid and unpredictable global technological developments, and is, thus, enshrined in the most important international intellectual property (IP) treaties. Through the proposed third amendment to the Copyright Law of the PRC, the legislature intends to adopt this test while also introducing an open-ended list of limitations and exceptions that constitutes a China-specific “two-step test.” This contravenes prima facie the thesis endorsed by the WTO Panel in the case concerning Section 110(5) of the US Copyright Act in 2000. In contrast, court decisions in China frequently apply the fair use doctrine of US copyright law, neglecting to consider its peculiar context of the US common law tradition and, thus, unduly expanding the Chinese courts' discretionary power.This paper summarizes the case law in China and takes a comparative approach to address the divergence between the judicial application of cyber copyright law and the existing legislation. It suggests revising the proposed Article 43 of the Copyright Law of the PRC to capture the due interpretation of the three-step test, thereby finessing the delineation between rights protection and free use with the compensation of remuneration under the principle of proportionality. It argues that transplanting the US fair use doctrine into Chinese copyright law is feasible, but with the preconditions of endeavouring to strengthen judicial reform to integrate the IP adjudication systems, enhancing the coherence and efficiency of copyright enforcement, and facilitating consistent dialogues between scholars, practitioners, and lawmakers.     

A Pimp's Game: A Rational Choice Approach to Understanding the Decisions of Sex Traffickers

We employ a rational choice framework to understand the conditions under which sex traffickers allow their victims access to telecommunications devices while under their control. We posit that sex traffickers are rational actors who make calculated decisions regarding whether to allow their victims access to the Internet and cell phones. We hypothesize that sex traffickers allow younger victims and those they did not defraud in the recruitment process greater access to telecommunications devices because these decisions maximize their payoffs with minimal risk. However, we hypothesize that younger victims’ access to telecommunications devices is conditional on whether they have been defrauded in recruitment. In order to test these hypotheses, we deployed a survey to 115 victims of sex trafficking in the United States to learn about how they were recruited by their sex trafficker and the level of access they had to technology while under their sex trafficker's control. We find support for all of our hypotheses. The results have serious implications for criminal justice policy and practice.     

Health characteristics of older police custody detainees in London,UK

The number of older adults involved in the criminal justice system is rising. Little is known about the state of health in older people who are arrested. This study compared characteristics and health care needs of older police custody detainees with their younger counterparts. The health characteristics of 57 police detainees aged over 50 were compared with 543 younger detainees. Older detainees had significantly higher rates of physical illness and risk of alcohol withdrawal. Although there were equivalent rates of mental disorder and drug taking compared with younger detainees, a higher proportion had presentations consistent with cognitive impairment due to possible dementing processes. Over 80% of older detainees were recommended to have a health assessment in police stations based on their presentation. Police detainees over 50 should be considered to have a health assessment as routine procedure. Further investigation should also be conducted into cognitive impairment in this group.     

裁判请求权保障与法院审判人员的优化配置

在实行法官员额制改革过程中,必须一并考虑法院审判人员的分类管理和优化配置问题。在民事诉讼中,为保障公民的裁判请求权,对于民事纠纷案件的审理,必须配置入额法官;对于非讼案件的审理、诉前或审前的法院调解以及立案登记等程序事项的处理应交由司法实务官进行,从而让法官专注于民事纠纷案件的审判,以更好地落实公民的裁判请求权保障之宪法理念。司法事务官不同于助理审判员,其不能审理所有的民事案件;司法事务官也不同于法官助理,司法事务官不是法官的助手,其可以依法独立行使职权。司法事务官不是宪法意义上的处理民事纠纷的法官,司法事务官不必进入法官员额。     

论受教育权的可诉性及其程度

受教育权的可诉性及其程度受到两个层次的理论和实践的深刻影响,一是国际法关于自由权和社会权的划分,二是国内法关于宪法权利和法律权利的区分。受教育权作为宪法权利,在自由权层面及形式平等方面具有直接的法律效力,具有可诉性;但在社会权层面,只有义务教育阶段的入学升学权和免费就学权具有可诉性。受教育权作为法律权利,其可诉性程度大大提高。平等主体之间的受教育权纠纷可由双方提起民事诉讼予以解决;但行政相对人向行政主体提起的行政诉讼则同样受到被侵害的受教育权性质的影响。     

论患者知情权的法律保障

我国现有关于患者知情权保障的法律制度在维护患者合法权益、促进建立和谐的医患关系方面发挥着积极作用,但在权利主体、权利内容、权利保障等方面仍存在一些不足之处。应加强立法工作,充分借鉴国内外先进经验,注重科技发展对立法的影响,逐步完善患者知情权相关法律制度。     

WTO金融服务协议对我国银行业的挑战与我国的对策

20世纪90年代以后,随着乌拉圭回合服务贸易谈判不断取得进展,特别是1997年12月12日达成全球金融服务贸易协议,金融服务市场的进一步开放已成为各国的大势所趋。在金融服务市场开放的过程中,首当其冲的是银行业的开放。中国加入WTO后,为适应金融服务协议的要求,银行业将进一步加快对外开放的步伐,作为当前中国市场化程度较差、较为脆弱的部门之一,银行业面临着相当大的竞争压力。在经济全球化背景下立足中国实际来探讨中国银行业所面临的挑战及我们应采取的对策就显得尤为重要。