The configuration of cervical spinous processes in black and white South African skeletal samples

The present study investigates the frequency of bifidity/nonbifidity in the black and white South African populations. Four-hundred skeletons of known race, sex, and tribal group were examined. Spinous processes were classified as bifid (bifurcate and cleft subtypes) and nonbifid (obtuse, pediculate, acinate, and clavate subtypes). Statistical analysis using the chi-squared probability test (p < 0.05) was carried out. Bifid spinous processes were present significantly more frequently in the white sample (58.9%) than in the black (31.6%). A bifid spinous process occurred most commonly in C2 (89%) followed by C5 (83%), C4 (79%), C3 (59.4%), and C6 (41.7%) in the white sample. A similar order of decrease in bifidity occurred in the black sample. C2 most commonly displayed the bifurcate subtype of spinous process, while the clavate subtype of nonbifid spinous process was the most common in both populations. The significantly higher frequency of bifidity in the white South African sample when compared to the black sample may suggest a population difference.     

Sex determination from the talus of Koreans by discriminant function analysis

The aims of this study were to investigate the sex discriminating potential of the talus in Koreans and compare this with other analyses in different populations. Statistical analyses were performed using data from nine measurements acquired from 140 tali (70 men, 70 women). The talus of Koreans is dimorphic between sexes in all measurements (p < 0.01). Discriminant function equations were generated by univariate, multivariate, and stepwise methods with a range of accuracy from 67.1 to 87.1%. Stepwise equations of other populations did not discriminate the sex of the Korean sample as accurately as each equation's own accuracies. The variables with high accuracy in this study are useful for sex determination of Koreans on the basis of confirmation of population specificity.     

Forensic Analysis of mtDNA Haplotypes from Two Rural Communities in Haiti Reflects Their Population History

Abstract: Very little genetic data exist on Haitians, an estimated 1.2 million of whom, not including illegal immigrants, reside in the United States. The absence of genetic data on a population of this size reduces the discriminatory power of criminal and missing‐person DNA databases in the United States and Caribbean. We present a forensic population study that provides the first genetic data set for Haiti. This study uses hypervariable segment one (HVS‐1) mitochondrial DNA (mtDNA) nucleotide sequences from 291 subjects primarily from rural areas of northern and southern Haiti, where admixture would be minimal. Our results showed that the African maternal genetic component of Haitians had slightly higher West‐Central African admixture than African‐Americans and Dominicans, but considerably less than Afro‐Brazilians. These results lay the foundation for further forensic genetics studies in the Haitian population and serve as a model for forensic mtDNA identification of individuals in other isolated or rural communities.     

Gang Membership,Drug Selling,and Violence in Neighborhood Context

A prominent perspective in the gang literature suggests that gang member involvement in drug selling does not necessarily increase violent behavior. In addition it is unclear from previous research whether neighborhood disadvantage strengthens that relationship. We address these issues by testing hypotheses regarding the confluence of neighborhood disadvantage, gang membership, drug selling, and violent behavior. A three‐level hierarchical model is estimated from the first five waves of the 1997 National Longitudinal Survey of Youth, matched with block‐group characteristics from the 2000 U.S. Census. Results indicate that (1) gang members who sell drugs are significantly more violent than gang members that don’t sell drugs and drug sellers that don’t belong to gangs; (2) drug sellers that don’t belong to gangs and gang members who don’t sell drugs engage in comparable levels of violence; and (3) an increase in neighborhood disadvantaged intensifies the effect of gang membership on violence, especially among gang members that sell drugs.     

Unemployment,Guardianship, and Weekday Residential Burglary

The absence of a consistent positive effect of the unemployment rate on the crime rate is perplexing, but it may be partly due to the countervailing effect of guardianship. Using weekly state-level data and a pooled cross-sectional time-series research design, we investigate whether the unemployment rate influences residential burglary. This study contributes to the extant literature by distinguishing between weekday residential burglaries, or those burglaries that occur between the hours of 6 am to 6 pm on weekdays, from weeknight/weekend burglaries. If unemployment increases guardianship because previously employed individuals are now at home during the workday protecting their possessions, the expectation is that the unemployment rate will have an instantaneous negative effect on residential burglaries that transpire during normal working hours. Results buttress the logic associated with the guardianship thesis in that a rise in the unemployment rate only engenders a decrease in weekday residential burglaries.     

中国公司法人格否认制度实证研究

实证研究表明,我国的公司法人格否认制度已经在现实中得到了积极应用。我国的公司面纱刺破率明显高于国外,而且呈现逐年上升的态势。很多案件发生在经济欠发达地区,而且这些地区的刺破率整体上高于经济发达地区。目前所有公司法人格否认案件都针对股东数量很少的有限责任公司提起,而且股东人数越少,刺破率越高,涉及一人公司的面纱刺破率高达100%。与理论预测不同,我国涉及合同之债和侵权之债的案件在刺破率上并没有明显不同,而且在公司集团场合的刺破率不高反低。混同是最为常见的刺破理由,其中财产混同又适用最多,导致的刺破率也最高。     

论医疗过失刑事责任成立范围的限定

医疗行为较之于其他业务行为具有更高的风险性。如果让医务人员对所发生的任何损害结果都承担刑事责任的话,必然不利于医疗行为的完成。为此,有必要通过被允许的危险理论和信赖原则对医疗过失刑事责任的成立范围进行限定,减轻医务人员刑事责任过重的负担,这对于患者的利益维护及医学的进步有着极为重要的意义。     

浅析醉酒驾驶行为的法律规制

醉酒驾驶行为的法律规制应追求自由、秩序和正义的价值,以实现对醉酒驾驶行为的遏止。但现实中,醉酒驾驶行为的法律规制因行为的多发性、饮酒的习惯性和制裁的限制性而存在一系列困境,因此在司法实践操作中,需破除对刑罚威慑作用的盲目笃信,在刑法与行政法的顺畅衔接和危险驾驶罪增设资格刑的同时,仍需社会力量的配合。     

对外定牌加工侵权问题探究

定牌加工在我国的加工贸易中一直占据着相当比重。但由于定牌加工存在商标侵权的诸多风险,为进一步规范定牌加工行为,保障国内定牌加工的稳步发展,国家应对定牌加工制定相关法律规定,尤其是需要对定牌加工侵权情形及相应处理予以明确。