Compensation for Damage Caused by Defective Drugs: European Private Law between Safety Requirements and Free-Market Values

Abstract: Within the European Union, the success of private law harmonisation is based upon the fragile balance between legal integration and protection of national traditions. In this respect, a transversal analysis of the obligation of safety established by the Directive 374/85/CEE shows that harmonisation sometimes prevails over the potential protections granted to the victims of a damage caused by defective products. On the one hand, this reduction arises from the balance between objective and subjective criteria used in evaluating the defect as defined in the harmonised text. On the other hand, it results from problems of coordination between national laws and EC law remedies. This latter difficulty is illustrated by the 25 April 2002 European Court of Justice decisions on the French experience. The paradigmatic example of the pharmaceutical sector is a clear illustration of these tensions, since it heightens free‐market values at the same time as seeking to ensure compensation for breach of health and safety of consumers.     

Automated detection of regions of interest in cartridge case images using deep learning

This paper explores a deep-learning approach to evaluate the position of circular delimiters in cartridge case images. These delimiters define two regions of interest (ROI), corresponding to the breech face and the firing pin impressions, and are placed manually or by an image-processing algorithm. This positioning bears a significant impact on the performance of the image-matching algorithms for firearm identification, and an automated evaluation method would be beneficial to any computerized system. Our contribution consists in optimizing and training U-Net segmentation models from digital images of cartridge cases, intending to locate ROIs automatically. For the experiments, we used high-resolution 2D images from 1195 samples of cartridge cases fired by different 9MM firearms. Our results show that the segmentation models, trained on augmented data sets, exhibit a performance of 95.6% IoU (Intersection over Union) and 99.3% DC (Dice Coefficient) with a loss of 0.014 for the breech face images; and a performance of 95.9% IoU and 99.5% DC with a loss of 0.011 for the firing pin images. We observed that the natural shapes of predicted circles reduce the performance of segmentation models compared with perfect circles on ground truth masks suggesting that our method provide a more accurate segmentation of the real ROI shape. In practice, we believe that these results could be useful for firearms identification. In future work, the predictions may be used to evaluate the quality of delimiters on specimens in a database, or they could determine the region of interest on a cartridge case image.     

Military frames and Canada’s Conservative government: from extending to transforming perceptions of Canadian identity

This article looks at framing strategies behind the recent Canadian Conservative government’s rhetoric on the military. Critics argue that Conservative rhetoric has politicised Canadian history and overemphasised the armed forces. Few scholars, however, have looked at the specific forms this rhetoric took and the strategies it suggested. The article presents the results of a systematic analysis of Conservative rhetoric between 2005 and 2015. It argues that three key frame alignment strategies were at the heart of the Conservative Government’s rhetoric: extension, consolidation and transformation, with truly transformative rhetoric transpiring only in the last phase. While agreeing with critics that this emphasis on the military aimed to alter perceptions of Canadian identity, the article shows that Conservative rhetoric was far from and monolithic.     

Examination of the effect of dose-death interval on detection of meperidine exposure in decomposed skeletal tissues using microwave-assisted extraction

The effect of dose-death interval and tissue distribution on the detection of meperidine in selected skeletal tissues was examined using a rapid microwave-assisted extraction (MAE) methodology. Rats (n=14) were dosed with 0 (n=2) or 30 mg/kg (n=12) meperidine (i.p.). Drug-positive rats were sacrificed with CO(2) after 20, 30, 90 and 150 min (n=3 per group). Heart blood was collected immediately after death. Tibiae were excised and frozen for further analysis. The remaining carcasses were allowed to decompose outside in secured cages to the point of complete skeletonization in a rural Northern Ontario location during the late summer months. Vertebrae and pelvi were collected for each animal. Tibial marrow was homogenized in 3 mL PB6 (phosphate buffer, 0.1M, pH 6). Fresh tibiae, and decomposed vertebrae and pelvi were cleaned in PB8.5 (phosphate buffer, 0.1M, pH 8.5) and sonicated to remove remaining soft tissue. Samples of dried, ground bone (0.5-1g) suspended in 2 mL PB6 were then irradiated in a domestic microwave oven (1100 W) at atmospheric pressure for 15 min. Samples of vertebral bone (1g) were also extracted by passive incubation in methanol (3 mL, 50°C, 72 h). All supernatants then underwent solid-phase extraction and analysis by GC/MS, using electron impact ionization in the Selected Ion Monitoring (SIM) mode. Mean GC/MS responses for each tissue type were negatively correlated with dose-death interval, with correlation coefficients ranging from -0.32 to -0.87. Analysis of variance showed dose-death interval to be a main effect (p<0.05) with respect to GC/MS response for blood, marrow, tibial epiphyses prepared by MAE, and vertebral bone prepared by passive extraction, but not for tibial diaphyses, pelvi or vertebrae prepared by MAE. Overall, MAE is advantageous as a rapid extraction tool for screening purposes in skeletal tissues, but assignment of significance to quantitative expressions of skeletal drug concentrations is complex and should be approached with caution.     

From Victimization to Criminalization: General Strain Theory and the Relationship Between Poly-victimization and Delinquency

Although it is well established that victimization and delinquency are related, it is not clear how this relationship works, and victims and offenders are still often studied and treated as two distinct groups. General strain theory views victimization as a form of injustice, which can give rise to anger and eventually lead to delinquency. The authors examine victimization, in particular polyvictimization, as a criminogenic factor. Based on a sample of 1,400 youths 12–17 years old in Quebec (Canada), they examine polyvictimization in relation to delinquency as well as negative emotions that can result from victimization namely anger, depression, and posttraumatic stress. The findings show support for general strain theory and highlight the importance of anger for the relationship between victimization and juvenile delinquency.     

Detection of amitriptyline, citalopram, and metabolites in porcine bones following extended outdoor decomposition

Skeletal remains of a domestic pig were assessed for relative distribution of amitriptyline, citalopram, and metabolites. Following acute exposure and outdoor decomposition for 2 years, drugs and metabolites were analyzed in 13 different bones. Bones were pulverized following a simple wash procedure, and drugs were extracted by passive incubation in methanol, followed by solid-phase extraction. Samples were analyzed by ultra-high performance liquid chromatography (UHPLC) and confirmed with gas chromatography-mass spectrometry. The Kruskall-Wallis test showed that bone type was a main effect with respect to drug level for all analytes, with levels varying from 33- to 166-fold. Ratios of levels of drug to that of the corresponding metabolite were less variable, varying roughly one- to eightfold. This suggests limitations in the interpretive value of drug measurements in bone and that relative levels of drug and metabolites should be further investigated in terms of forensic value.     

Canada and the Bureaucratic Politics of State Fragility

Canada's 2005 International Policy Statement announced that the Department of Foreign Affairs and International Trade and the Department of National Defence and the Canadian Forces were committed to “whole of government” interventions in failed and fragile states. This led both the Canadian government and outside observers to declare that Canada was successfully harmonising the aims and practices of its internationally focused departments and crafting a synergised approach to interventions in failed and fragile states. Drawing on Halperin and Clapp's organisational theory of bureaucratic politics, this paper argues instead that the foreign affairs and defence departments embraced the idea of failed and fragile states to reinforce their organisational essences and recycle their existing missions, roles, and capabilities. In addition, the departments used a “whole of government” approach to secure their autonomy, fence their respective functions, and enlarge their unique capabilities, under the guise of greater efficiency.     

Epidemiological Considerations in the Conceptualization and Utilization of “Prevalence” and “Incidence Rate” in Family Violence Research: A Reply to Brownridge and Halli (1999)

Brownridge and Halli (1999) have argued that the literature on family violence is beset by confusion in the conceptualization and utilization of incidence and prevalence terminology. Although we basically agree with the authors' diagnosis of the field, definitions of prevalence and incidence that they propose as gold standards are sometimes discrepant with established concepts in epidemiology. Drawing on the epidemiologic literature, we present more solidly based and operational definitions of these terms and try to understand the meaning of each measure. The same confusion surrounding use of prevalence and incidence also reigns in child maltreatment research, as revealed in our review of major studies. We address some of the main but often overlooked issues associated with use of epidemiologic measures in an area of social research such as family violence and make some proposals.