Klageeinschränkung im Berufungsverfahren?

Im Berufungsverfahren ist eine Klageeinschr?nkung auf Kosten jedenfalls im Fall einer Beweiserg?nzung in der dafür dienenden mündlichen Berufungsverhandlung zul?ssig.     

Differentiation between drug use and environmental contamination when testing for drugs in hair

The differentiation between systemic exposure and external contamination for certain drug groups has been frequently referred to as one of the limitations of in drug testing in hair. When hair samples are used, three steps are usually employed in order to minimise the possibility of external contamination causing a misinterpretation. The first consists of decontaminating hair samples by washing the hair before analysis, the second is the detection of the relevant metabolites in the hair samples and the third is the use of cut-off levels. Difficulty in the interpretation arises when metabolites are not detected either due to external contamination of the hair or low doses of the drugs used. A wash protocol needs to be practical and ideally remove any drug deposited on the external portion of the hair.     

Performance of the SNPforID 52 SNP-plex assay in paternity testing

The performance of a multiplex assay with 52 autosomal single nucleotide polymorphisms (SNPs) developed for human identification was tested on 124 mother–child–father trios. The typical paternity indices (PIs) were 10⁵–10⁶ for the trios and 10³–10⁴ for the child–father duos. Using the SNP profiles from the randomly selected trios and 700 previously typed individuals, a total of 83,096 comparisons between mother, child and an unrelated man were performed. On average, 9–10 mismatches per comparison were detected. Four mismatches were genetic inconsistencies and 5–6 mismatches were opposite homozygosities. In only two of the 83,096 comparisons did an unrelated man match perfectly to a mother–child duo, and in both cases the PI of the true father was much higher than the PI of the unrelated man. The trios were also typed for 15 short tandem repeats (STRs) and seven variable number of tandem repeats (VNTRs). The typical PIs based on 15 STRs or seven VNTRs were 5–50 times higher than the typical PIs based on 52 SNPs. Six mutations in tandem repeats were detected among the randomly selected trios. In contrast, there was not found any mutations in the SNP loci. The results showed that the 52 SNP-plex assay is a very useful alternative to currently used methods in relationship testing. The usefulness of SNP markers with low mutation rates in paternity and immigration casework is discussed.     

Alcohol and Parasomnias: The Statistical Evaluation of the Parasomnia Defense in Sexual Assault,Where Alcohol is Involved

Sleep sex may be a defense for alleged sexual assault. The International Classification of Sleep Disorders (ICSD3) states: “Disorders of arousal should not be diagnosed in the presence of alcohol intoxication… The former [alcohol blackouts] are exponentially more prevalent.” A panel member of ICSD3, quoting ICSD3 asserts: “alcohol intoxication should rule out a sleep-walking defense”. This implies extremely strong support for a prosecution hypothesis (H_p) over a defense hypothesis (H_d). I use Bayesian methodology to evaluate the evidential probity of alcohol intoxication. The likelihood ratio, LR, measures the amplification of prior odds of guilt, . By Bayes' theorem, . I use data from cross-sectional studies of sexual assault and prevalence of alcohol use, in college students, with data from longitudinal studies, and data from the epidemiology of parasomnias to evaluate LR (alcohol). LR ~1.5 or 5, depending whether alcohol does, or does not, increase the risk of parasomnias. The proposition of extremely strong support for H_p implies a LR ~1,000,000, so the proposition in ICSD3 is not supported by formal analysis. The statistical reasoning in ICSD3 is unclear. There appears to be inversion of the Bayesian conditional (confusing intoxication given assault, and assault given intoxication) and failure to evaluate alcohol intoxication in H_d. Similar statistical errors in R. v Sally Clark are discussed. The American Academy of Sleep Medicine should review the statistical methodology in ICSD3.     

关于集体协商指导员培训课程设计的几点思考

对集体协商指导员的要求,可归纳为政治素质、业务技术、协商能力、指导服务能力四个方面。与此相对应,集体协商指导员的培训课程,应设计为政治理论、技术要素、协商谈判和指导服务四个模块。其课程应实行分类化设置;教学形式则应突出实战性;考核评价亦应强调多元化。     

公务员对待廉政教育的政治态度的影响因素研究

本文运用理论分析、文献分析、访谈和开放式问卷等方法，搜集潜在的影响因素；基于两轮问卷调查，运用探索性因子分析和验证性因子分析，确定了6类20项影响因素。在对结论进行分析的基础上尝试构建了影响因素模型。该模型显示，内部要素是公务员对待廉政教育的政治态度的根本影响因素，具体开展的廉政教育作为外在刺激是公务员对待廉政教育的政治态度形成的实践基础；身份特征、政治倾向等个人因素在此过程中发挥着内在作用，同时，这种作用还受他人态度和反腐形势等环境因素的影响。     

3D打印技术发展与专利法回应

3D打印技术在改变制造业基础设施的配置、原材料的供应链和产品销售模式的同时,也对现行专利法律制度形成了冲击和挑战。在3D打印技术领域,如何在激励创新与防止潜在的非法复制之间实现平衡,廓清合法的"修理"和不合法的"再造"之间的界限以及以"非生产经营目的"的个人打印是否构成侵权等问题亟待专利法律制度的回应。面对3D打印技术带来的机遇与挑战,立法者应重新审视《专利法》的制度基础,在平衡技术革新和其他社会、经济价值的基础上,推动3D打印技术和专利法律制度间的互动演进式发展。     

毒物分析方法的确认

本文综述了毒物检验方法确认的研究进展，并对评价指标进行了讨论，为今后开展相关工作打下了基础。     

A Bridge in Flux: Narratives and the Policy Process in the Pacific Northwest

Policy narratives play an important role in the policy process. Often policy narratives originate from advocacy coalitions seeking increased support from the public for their policy stance. Although most Narrative Policy Framework studies have focused on national policy issues, this study examines a state and local economic development project by exploring the policy narratives from competing coalitions in favor and opposed to the project. Specifically, in the Portland–Vancouver area of Oregon and Washington, local policy discussions have been dominated by a proposal for a new mega bridge on Interstate‐5 connecting the two cities across the Columbia River. A new government agency (CRC—Columbia River Crossing) was formed for the implementation of this project. Upon approval of a proposal, CRC experienced heavy backlash from citizens, local businesses, community leaders, and other stakeholders leading to the formation of two competing coalitions in opposition and support of the bridge. This study, using content analysis of 370 public documents, finds that competing coalitions utilize policy narratives in strategic ways to characterize the opposing coalition, themselves, and other actors in the policy subsystem. This study also suggests that the strength and cohesion of a coalition's narrative contributes to its policy success and the winning/losing status of a coalition potentially determines the types of strategies they will use. Last, this study introduces and tests a new narrative strategy called the impotent shift testing a coalition's strategic use of the victim character.     

Government Promotion of Corporate Social Responsibility: Evidence from the EU Eco‐Management and Audit Scheme

Governments play an active role in promoting corporate social responsibility and specifically environmental management system (EMS) programs, but few studies have examined the impact of such support on the decision of businesses to adopt EMS programs. We ask two questions in this paper: how does government support for EMS programs affect adoption of such programs? Second, what effect does this government support have on the pace of adoption of such programs? The answer to the first question can reveal how effective government programs are in boosting membership in EMS programs. The answer to the second reveals to what extent businesses within EU member states are converging upon particular EMS standards. We examine these questions in the context of the European Union’s Eco‐Management and Audit Scheme (EMAS), 2010–2014. There is significant variation in government support of EMAS across the EU and at the same time, EMAS competes for business attention with the more established ISO 14001. Our quantitative and qualitative analyses therefore reveal the effectiveness of government programs in boosting adoption, but also to the extent to which such programs cause convergence upon EMAS in the face of a competing standard such as ISO 14001.