Managing commingled remains from mass graves: considerations, implications and recommendations from a human rights case in Chile

This paper focuses on a little discussed part of Chilean history and the efforts to resolve Human Rights cases from the period 1973 to 1990. A case file is presented to illustrate the different stages, problems and solutions found in one particularly challenging case studied by the Special Unit of Identification of Detained and Missing (UEIDDDD) of the Human Rights Program of the Forensic Service, Chile, during the period 2006-2009. A major complication found in this example was the fact that the remains studied were commingled, and in addition, were mixed with remains that were not of medico-legal interest - deposited prior to and after the case in question, but within the same common grave. Multiple burials and the consequences of commingled skeletal human remains are reviewed, paying special attention to the roles that different agents related to these types of cases play, how they influence the decision making process and the outcomes that can be expected in commingled cases due to the complexities and challenges they present. Effective communication between prosecutors and forensic practitioners is vital to optimize the resources. Equally important is the relationship that is built between the practitioners and the victims' families regarding communication, information and expectations that both parties may have.     

A New Method to Pair‐match Metacarpals Using Bilateral Asymmetry and Shape Analysis

Matching pairs of skeletal elements is of fundamental importance when re‐associating skeletons from commingled settings. This study presents a new method that combines the use of traditional anthropometric size measurements and the analysis of shape, through geometric morphometrics, to form pairs from commingled settings. We tested the hypothesis that shape asymmetry among individuals is smaller than between individuals that share similar dimensions. The metacarpals were measured in their maximum length, and absolute means of asymmetry between right and left metacarpals were calculated. To analyze the shape characteristics, two‐dimensional landmarks were recorded from digital images of 111 metacarpals. The specimens were analyzed using generalized Procrustes analysis and multivariate statistics. The accuracy of pair‐matching bones using a combined method was of 100%, showing that the incorporation of geometric morphometrics techniques—in the assessment of shape in physical anthropology—is of particular use when comparing the shape differences/similarities between individuals.     

Sealing the cracks: a proposal to update the anti-cybersquatting regime to combat advertising-based cybersquatting

Legal context: Recent years have seen a resurgence in the practice of cybersquatting,and in particular cybersquatting that monetizes domain namesthrough pay-per-click advertisements. Existing statutory andadministrative anti-cybersquatting tools were not designed tocope with the advertising-based model of cybersquatting. Asa result, brand owners lack effective tools to combat moderncybersquatting. Key points: (1) Where cybersquatters originally monetized their domain nameportfolios by ransoming small numbers of domain names to brandowners, they now use pay-per-click advertisements spread overmassive portfolios. Technological advances in the domain namesystem will continue to increase the opportunities for cybersquattersto expand these portfolios. (2) Existing statutory and administrativeanti-cybersquatting tools are out-dated and ineffective. TheUniform Domain Name Dispute Resolution Process is procedurallyincapable of coping with large portfolios of infringing domainnames and substantively out of sync with national IP laws. Traditionallitigation is too expensive and inefficient to offer a workablesolution for brand owners. (3) Both administrative and legalremedies for cybersquatting have inherent flaws that cannotpractically be remedied. A new anti-cybersquatting regime musttherefore allow them to work together. The UDRP should be procedurallyupdated to allow limited discovery and facilitate large-scalecases, and an optional choice of law clause should be introducedto bring UDRP panel decisions more in line with national IPlaws. Likewise, those laws should be revised to give explicitdeference to UDRP decisions in litigation arising from the samefacts as the UDRP action. Practical significance: Cybersquatting can injure a mark's distinctiveness and onlinerecognition, and contextual advertisements can divert customersfrom the targeted brand's website. If anti-cybersquatting toolsdo not keep pace with cybersquatters' strategies, these problemswill make it increasingly difficult for brand owners and customersto connect in the domain name system. The proposed revisionsto the anti-cybersquatting regime will enable brand owners toprotect their domain names more efficiently and to deter cybersquatters.