Search

Aims: Areas of gland crowding that do not fulfil diagnostic criteria of endometrioid intra‐epithelial neoplasia (EIN) are often encountered in endometrial biopsies. In this study, we document the prevalence of neoplastic outcome in patients with these subdiagnostic lesions (SL) and assess the utility of morphological features and a three‐marker immunohistochemistry panel (PAX2, PTEN, beta‐catenin) to predict outcome. Methods and results: Of 430 women with SL on endometrial sampling at Brigham and Women's Hospital between 2001 and 2021 with available follow‐up biopsy, 72 (17%) had a neoplastic outcome (EIN or endometrioid carcinoma). Multilayered epithelium and mitoses in SL were statistically associated with a neoplastic outcome. Abnormal three‐marker staining was observed in 93% (53 of 57) of SL with neoplastic outcome and 60% (37 of 62) of a control group with benign outcome. Among the 72 patients with neoplastic outcome, EIN/carcinoma tissue was available in 33; of these, 30 (91%) showed abnormal staining for one or more markers. Remarkably, in 84% of these cases the EIN/carcinoma had the aberrant expression seen in the preceding SL. Based on a prevalence of 17%, the positive and negative predictive values of abnormal staining in one or more markers were 24 and 97%, respectively. Conclusions: The presence of SL warrants clinical surveillance and repeat sampling because it is followed by endometrioid neoplasia in a significant subset of patients. Normal three‐marker staining identifies women with a very low risk of neoplastic outcome. Conversely, abnormal staining is frequent in SL with benign outcome leading to poor specificity and positive predictive value. [ABSTRACT FROM AUTHOR]

Duodenal ulcer (DU) causes various symptoms in children. The prevalence of Helicobacter pylori (Hp)-associated DU has been reducing in some regions, yet the updated trend in Taiwan is unknown. Risk factors of DU recurrence have not been comprehensively investigated in children. This retrospective study included children diagnosed with DU to evaluate the demographics, symptoms, diagnostics, treatment, and outcomes. Specific populations (infant, surgery required) were sorted for subgroup analysis. Predictors of DU recurrence was analyzed in patients who received endoscopic follow-ups. A total of 488 children were included. Most patients were male (72.5%), school-aged (11.3 ± 4.8 years old), and with varied underlying diseases in one-fifth. The annual incidences were around 3–5%, with a declining trend of case numbers and the Hp-positive proportion. Hp infection, concurrent gastric ulcer, perforation, and mortality were noted in 32.7%, 16%, 1.6%, and 1% of patients. Patients with or without Hp infection showed different clinical features but similar outcomes. The characteristics of subpopulations were depicted respectively. Male sex, lower Hb level, and perforation were independent risk factors associated with recurrence. Hp-positive DU seems to wane. Patients with male sex, lower Hb level, or perforation at diagnosis carried a higher risk of recurrence, which may warrant active surveillance and endoscopic follow-up. [ABSTRACT FROM AUTHOR]

On August 8 2022, the Federal Bureau of Investigation executed a search warrant at former President Donald Trump's Mar-a-Lago Resort. The search uncovered hundreds of documents bearing various classification and governmental markings. On June 8, 2023, Trump was indicted in the Southern District of Florida on thirty-seven counts of unlawful retention of national defense information. Almost immediately after the search, the former President and his allies advanced a theory that Trump's retention of classified documents was permissible because he had declassified the documents before leaving office on January 20, 2021. The former President has repeatedly mentioned these arguments in both civil and criminal litigation following the search, but has provided no evidentiary support for his contentions that he declassified the documents. While other aspects of the search warrant and criminal case have been adjudicated by the Eleventh Circuit and Supreme Court, no court has yet addressed the merits of the declassification defense. This note will examine the propriety of former President Trump's claims that he cannot be criminally charged with unlawful retention of national defense information because the information was declassified. First, it will examine the historical and Constitutional background of the executive classification system, including judicial precedents interpreting the scope of the power. Next, it will introduce parallel statutory frameworks that Congress has enacted to criminalize the retention of classified information, automatically classify certain types of information, and establish guidelines for the handling of Presidential records. Considering the concurrent authorities of the Executive and Legislative branches over classified information and government records, the note will then analyze the merits of former President Trump's claimed powers to declassify and retain classified documents as of right. It will conclude that a President does not have the plenary power to declassify all types of classified documents, and that any declassification must comply with established procedures to be effective. Lastly, the note will conclude that based upon publicly available information, former President Trump did not follow any such procedures that would have led to the documents being properly declassified before he left office. [ABSTRACT FROM AUTHOR]

Background Recent therapeutic advances have improved survival among lung cancer (LC) patients, who are now at high risk of second primary lung cancer (SPLC). Hispanics comprise the largest minority in the United States, who have shown a lower LC incidence and mortality than other races, and yet their SPLC risk is poorly understood. We quantified the SPLC incidence patterns among Hispanics vs other races. Methods We used data from the Multiethnic Cohort, a population-based cohort of 5 races (African American, Japanese American, Hispanic, Native Hawaiian, and White), recruited between 1993 and 1996 and followed through 2017. We identified patients diagnosed with initial primary lung cancer (IPLC) and SPLC via linkage to Surveillance, Epidemiology, and End Results registries. We estimated the 10-year cumulative incidence of IPLC (in the entire cohort) and SPLC (among IPLC patients). A standardized incidence ratio (SIR) was calculated as the ratio of SPLC-to-IPLC incidence by race and ethnicity. Results Among 202 692 participants, 6788 (3.3%) developed IPLC over 3 871  417 person-years. The 10-year cumulative IPLC incidence was lower among Hispanics (0.80%, 0.72 to 0.88) vs Whites (1.67%, 1.56 to 1.78) or Blacks (2.44%, 2.28 to 2.60). However, the 10-year SPLC incidence following IPLC was higher among Hispanics (3.11%, 1.62 to 4.61) vs Whites (2.80%, 1.94 to 3.66) or Blacks (2.29%, 1.48 to 3.10), resulting in a significantly higher SIR for Hispanics (SIR = 8.27, 5.05 to 12.78) vs Whites (SIR = 5.60, 4.11 to 7.45) or Blacks (SIR = 3.48, 2.42 to 4.84; P  < .001). Conclusion Hispanics have a higher SPLC incidence following IPLC than other races, which may be potentially due to better survival after IPLC and extended duration for SPLC development. Continuing surveillance is warranted to reduce racial disparities among LC survivors. [ABSTRACT FROM AUTHOR]

The possible future use of lethal autonomous weapons systems (LAWS) and the challenges associated with assigning moral responsibility leads to several debates. Some authors argue that the highly autonomous capability of such systems may lead to a so-called responsibility gap in situations where LAWS cause serious violations of international humanitarian law. One proposed solution is the doctrine of command responsibility. Despite the doctrine's original development to govern human interactions on the battlefield, it is worth considering whether the doctrine of command responsibility could provide a solution by applying the notion analogously to LAWS. A fundamental condition underpinning the doctrine's application is the control requirement, stipulating that a superior must exert some degree of control over subordinates. The aim of this article is to provide an in-depth analysis of this control condition and assess whether it leads to the impossibility of applying the doctrine of command responsibility to LAWS. To this end, the first section briefly introduces the topic of LAWS and responsibility gaps. The subsequent section provides a concise overview of the doctrine itself and the conditions typically necessitated for its application. In the third section, a comprehensive scrutiny of the control requirement is undertaken through examination of key case law, examining how the concept has been interpreted. Finally, the fourth section delves into the evaluation of commanders' potential to exert effective control over their (non-human) subordinates. Based on this, the feasibility of considering command responsibility as a viable solution is assessed, aiming to determine whether its application should be prima facie excluded or warrants further exploration. [ABSTRACT FROM AUTHOR]

In United States v. Treisman, the Fourth Circuit upheld the warrantless search of a vehicle by relying on the community caretaking doctrine ("CCD"). The court's decision dangerously broadens the CCD, allowing for potential abuse of citizens' Fourth Amendment rights. By exploring the facts of the case, the history and application of the Fourth Amendment, and the nuances of the CCD, this Recent Development argues that the Fourth Circuit's ruling undermines privacy protections and sets a precedent for increased police discretion in warrantless searches. This expansion not only threatens citizens' privacy rights but also further complicates the dual role of police officers as both protectors of the community and enforcers of the law. This Recent Development concludes with a call for stricter standards and clearer guidelines to prevent the erosion of Fourth Amendment protections under the guise of community caretaking. [ABSTRACT FROM AUTHOR]

Presumptive drug screening enables timely procurement of search and arrest warrants and represents a crucial first step in crime scene analysis. Screening also reduces the burden on forensic laboratories which often face insurmountable backlogs. In most scenarios, on-site presumptive drug screening relies on chemical field tests for initial identification. However, even when used appropriately, these test kits remain limited to subjective colorimetric analysis, produce false positive or negative results with excessive sample quantities, and are known to cross-react with numerous innocuous substances. Previous efforts to develop microfluidic devices that incorporate these chromogenic indicator reagents address only a few of the many challenges associated with these kits. This is especially true for samples where the drug of interest is present as a lacing agent. This work describes the development of a centrifugal microfluidic device capable of integrating facile sample preparation, by way of a 3D printed snap-on cartridge amenable to microwave assisted extraction, followed by chromatographic separation and chromogenic detection on-disc. As cannabis is among the most widely used controlled substance worldwide, and displays strong interference with these indicator reagents, mock samples of laced marijuana are used for a proof-of-concept demonstration. Post extraction, the microdevice completes high throughput metering just prior to simultaneous reaction with four of the most commonly employed microchemical tests, followed by objective image analysis in CIELAB (a device-independent color model). Separation and recovery of a representative controlled substance with 93% efficiency is achieved. Correct identification, according to hierarchical cluster analysis, of three illicit drugs (e.g., heroin, phencyclidine, and cocaine) in artificially laced samples is also demonstrated on-disc. The cost effective microdevice is capable of complete automation post-extraction, with a total analysis time (including extraction) of <8 min. Finally, sample consumption is minimized, thereby preventing the complete destruction of forensic evidence. [ABSTRACT FROM AUTHOR]

Search warrants, subpoenas, and other forms of compulsory legal process are essential for legal parties to gather evidence. Internet technology companies increasingly control wide-ranging forms of evidence, yet little is known about how these companies fulfill their compulsory legal obligations. This Article presents an original study of internet technology companies as evidence intermediaries: third-party organizations that control access to evidence routinely sought by legal parties. Drawing on in-depth qualitative interviews with companies' legal and compliance staff and with law enforcement agents, I show how company processes for responding to search warrants cannot be neatly categorized within the existing literature's dichotomy of cooperation or resistance. Rather, the responses consist of makeshift measures that companies have developed to manage predicaments arising from the imprecise or impracticable wording of warrants. These measures can affect the evidence that is ultimately available for use in legal proceedings. They can also untether the scope of searches--as they are carried out--from the procedures of the Fourth Amendment. This Article contends that, because judicial officers are likely ill-equipped to oversee problematic company practices, a variety of institutional interventions to supplement existing court oversight of search procedure should be considered. [ABSTRACT FROM AUTHOR]

Aims: The aim of this work is to describe opioid initiation and long‐term use after emergency department (ED) visits or hospitalizations in New South Wales, Australia, by patient, admission and clinical characteristics. Methods: This is a population‐based cohort study, including all hospitalizations and ED visits between 2014 and 2020, linked to medicine dispensings, deaths and cancer registrations (Medicines Intelligence Data Platform), among adults with no opioid dispensings in the previous year. Outcome measures were opioid initiations (dispensed within 7 days of discharge) and long‐term use (90 days of continuous exposure, 90–270 days after initiation). Results: The cohort included 16 153 096 admissions by 4.2 million opioid‐naïve adults; 39.0% were ED presentations without hospital admission, 16.8% hospital admissions via ED and 44.2% direct hospital admissions. Opioids were initiated post‐discharge for 6.2% of ED, 8.3% of hospital via ED and 10.0% of direct hospital admissions; of these 1.0%, 2.5% and 0.5% progressed to long‐term opioid use, respectively. Initiation was lowest in obstetric admissions without surgery (1.0%), and highest among trauma admissions (25.4%), obstetric admissions with surgical intervention (19.8%) and non‐trauma surgical admissions (12.0%). Long‐term use was highest among medical admissions via ED (3.5%), trauma admissions (2.3%) and ED alone (1.0%). From 2014 to 2020, overall opioid initiations decreased 16% from 8.7% to 7.2%, and long‐term opioid use decreased 33% from 1.3% to 0.8%. Conclusions: Both opioid initiation and long‐term use decreased over time; however, the higher rates of long‐term use following trauma, and medical admissions via ED, warrant further surveillance. Strategies supporting appropriate prescribing and access to multidisciplinary pain services will facilitate best practice care. [ABSTRACT FROM AUTHOR]

The recent advances in technological capabilities have led to a massive production of time‐series data and remarkable progress in longitudinal designs and analyses within psychological research. However, implementing time‐series analysis can be challenging due to the various characteristics and complexities involved, as well as the need for statistical expertise. This paper introduces a statistical pipeline on time‐series analysis for studying the changes in a single process over time at either a population or individual level, both retrospectively and prospectively. This is achieved through systemization and extension of existing modelling and inference techniques. This analytical approach enables practitioners not only to track but also to model and evaluate emerging trends and apparent seasonality. It also allows for the detection of unexpected events, quantifying their deviations from baseline and forecasting future values. Given that other discernible population‐ and individual‐level changes in psychological and behavioural processes have not yet emerged, continued surveillance is warranted. A near real‐time monitoring tool of time‐series data could guide community psychological responses across multiple ecological levels, making it a valuable resource for field practitioners and psychologists. An empirical study is conducted to illustrate the implementation of the introduced analytical pipeline in practice and to demonstrate its capabilities. [ABSTRACT FROM AUTHOR]

The article examines the Court of Justice of the European Union's (CJEU) ruling in the case of Staatsanwaltschaft Aachen, which mandates the application of the 'two-step test' for assessing the enforcement of custodial sanctions in light of fair trial rights. Topics discussed include the comparison of the two-step test between the European Arrest Warrant and prison transfer mechanisms, and the criticisms of the Court's approach to fundamental rights assessments.

U.S. law enforcement agencies are increasingly relying on advanced mobile device forensic tools (MDFTs) when conducting digital searches of cellphones and other devices. MDFTs are powerful tools built and sold by third-party vendors, which allow law enforcement to (a) circumvent security features to access locked cellphones, (b) access data stored on the device, cloud-based backups, and online accounts, and (c) utilize enhanced cellphone data analytics, sorting, and querying capabilities. Although some 2,000 law enforcement agencies in almost every U.S. state are using MDFTs, there is little public transparency into the technology. This is particularly concerning considering police often use MDFTs in consent searches, even if the person subject to the search is unaware that the tool enables police to conduct a full download ("extraction") of the data on their device for subsequent parsing. Even with a warrant, as the U.S. Supreme Court's ruling in Riley intended to require absent an exigency, lower courts' unpredictable application of the plain view doctrine in digital search cases can and indeed has permitted authorities to "rummage" through a mobile device until evidence of some crime is discovered. Even in the rare instances where courts have deemed cellphone warrants illegally overbroad, they have been quick to apply the good faith exception to the exclusionary rule, removing any incentive for police to narrow the scope of future affidavits. The broad, unchecked digital searches enabled by MDFTs are even more concerning today as many states criminalize abortions or restrict access to gender-affirming medical care, among other repressive laws. This Note analyzes existing case law related to digital searches of hard drives and cellphones, to pinpoint the primary legal and policy problems with MDFT use: a lack of transparency, insufficiently informed consent searches, insufficiently scoped search warrants, and inadequate auditing and record-keeping. Further, this Note discusses an aspect overlooked in the current literature--that MDFTs, if used with the appropriate restrictions in place, could help limit rather than expand the scope of cellphone searches. Machine learning algorithms enable features that can auto-detect certain images and text, allowing officers to view only material flagged within the scope of their search. Similarly, MDFTs can generate audit reports allowing greater transparency into and repeatability of searches, allowing courts and defense attorneys to verify that a cellphone search stayed within lawful scope. Finally, because using MDFTs in these beneficial ways won't happen organically, the Note concludes by proposing enforcement of such requirements through a federal statute that would require (1) restricting consent searches, the plain view exception, and types of crimes for which MDFT-enabled searches are allowed; (2) more narrowly scoped search warrants; and (3) record-keeping and reporting requirements to increase transparency and accountability. [ABSTRACT FROM AUTHOR]

It is indicated that in the early days of June 2024, the judges of the Supreme Court appealed to the members of the Scientific Advisory Council with a request to provide scientific conclusions regarding case No. 466/525/22 (the case concerned the application of the provisions of Part 3 of Article 233 of the Criminal Procedure Code). It emerged from the appeal that the criminal proceedings based on the cassation appeal of the prosecutor against the decision of the Lviv Court of Appeals dated Octobe 2, 2023 were referred to the joint chamber of the Criminal Court of Cassation as part of the Supreme Court. In this scientific publication, the authors attempted to examine the situation that arises during searches in emergency cases within the framework of the problem of prioritizing the protection of human rights. It is argued that given the legal nature and content of the above constitutional provisions, it should be concluded that part three of Article 30 of the Basic Law of Ukraine should be interpreted as a direct effect provision. This means that it prevents a participant in criminal proceedings on the side of the prosecution (prosecutor, investigator, inquirer) from making a decision to enter a person's home or other property unless the case is urgent and the purpose does not comply with the provisions of the said provision of the Constitution of Ukraine, taking into account an individual assessment of the circumstances of a particular case. It is summarized that in the absence of a clear definition of the term «urgent» in the criminal procedure legislation, it is advisable to apply the principle of in dubio pro tributario (priority with the most favorable interpretation of the rule of law)). Given that we are talking about an exceptional case of restriction of the constitutional right to inviolability of the home outside of judicial control, it is important to apply a literal (not extended) interpretation of the content of part three of Article 30 of the Constitution of Ukraine. Therefore, the authorized participants in criminal proceedings, when deciding on an urgent search, are obliged to find out whether the delay during the reasonably foreseeable time required to apply to the investigating judge, obtain a search warrant and conduct it in the normal course of events will inevitably lead to the consequences provided for in Article 30 of the Constitution of Ukraine; what specific circumstances of the case indicate the urgency of the entry into the home or other property, which must be in direct causal connection with the loss (destruction, etc.) of property. [ABSTRACT FROM AUTHOR]

Purpose: This paper aims to identify impediments, discuss impediments and make recommendations for the impediments during the execution of a search and seizure warrant for digital evidence in South African criminal cases. Design/methodology/approach: The discussion of this article, the second article of two, focuses on a literature review of international and local impediments identified in case law and published research literature and how it is approached in various jurisdictions. Findings: This study found that impediments identified and addressed internationally during the execution of a search and seizure warrant for digital evidence are relevant to South African criminal cases and still need to be addressed during the execution of a search and seizure warrant for digital evidence in South African criminal cases. Research limitations/implications: Although searches and seizures for digital evidence are relevant to civil, regulatory and criminal investigations, this study focuses on the search and seizure for digital evidence in criminal matters with an emphasis on the provisions of the Criminal Procedure Act 51 of 1977 and the Cybercrimes Act 19 of 2020. Originality/value: The originality of this paper lies in the procedures followed during the physical search and seizure of digital information during the execution of search and seizure warrants for digital information in South Africa. If the South African Police Service follows the recommended procedures, it will contribute to the success of the South African Police Service, which would result in the improved quality of investigations and successful prosecution of crime in South Africa. [ABSTRACT FROM AUTHOR]

Federal and state law enforcement agencies are using a new tactic for gathering evidence: geofence warrants. These warrants allow law enforcement to gather historical location data collected by third party companies including Google, Facebook, Amazon, and Apple. Armed with a geofence warrant today, law enforcement agencies can track the previous location of an individual at any point from the moment they acquired a cell phone--so long as the location history is turned on. The tactic has grown in popularity since 2019 and has been used to uncover suspects in cases where police had few leads. Troublingly though, the tactic has been used to prosecute protesters and abortion seekers. In addition, these geofence warrants also ensnare the private historical locations of thousands of innocent citizens. Courts have yet to delineate clear, Fourth Amendment boundaries for this sweeping law enforcement tactic. While these cases stagger upwards for appellate review, the searches of criminals and the public alike continue. This Note addresses the constitutionality of geofence warrants on the merits--something few courts have attempted thus far. It argues that the use of a geofence warrant is indeed a search within the meaning of the Fourth Amendment, yet it lacks two Fourth Amendment requirements: probable cause and sufficient particularity. Thus, geofence warrants are unconstitutional and necessitate a remedy. Further, this Article reveals that judicial remedies in this arena are inconsequential. Corrections by appellate courts on the back end are impossible for two reasons. First, there is no remedy for citizens whose private information has been gathered by the police. And second, suppression of the unconstitutionally obtained information at a criminal trial is prevented by a swelling legal doctrine--"the good-faith exception to the exclusionary rule." This leaves the privacy concerns and Fourth Amendment rights of citizens entirely in corporate hands. Accordingly, legislation is the only true remedy to the issue of geofence warrants and calls for a legislative ban. [ABSTRACT FROM AUTHOR]

Today, the Fourth Amendment Warrant Clause governs arrest warrants and search warrants only. But in the founding era, the Warrant Clause governed a third type of warrant: the "warrant of commitment." Judges issued these warrants to jail defendants pending trial. This Article argues that the Fourth Amendment Warrant Clause, with its oath and probable cause standard, should be understood today to apply to this third type of warrant. That means the Warrant Clause would govern any initial appearance where a judge first commits a defendant--a process that currently falls far short of fulfilling its constitutional and historical function. History supports this understanding. For example, in two Supreme Court cases in 1806 and 1807, lawyers and the Justices applied, either expressly or implicitly, the Fourth Amendment Warrant Clause to the warrant of commitment. Moreover, Chief Justice Marshall did so expressly in a different case, riding circuit, in 1807. Leading lawyers of that era, as well as nineteenth-century treatises, likewise understood that the Warrant Clause applied to the commitment warrant separate from any arrest warrant. The commitment warrant, often called a mittimus, therefore required its own probable cause supported by oath or affirmation. Remarkably, this history has largely been lost. Neither courts nor scholars today recognize that the Fourth Amendment applies to this third, important type of warrant--even though judges still use such warrants to commit. But applying the Warrant Clause directly to commitment warrants would restore to defendants some of the surprisingly robust pretrial rights they enjoyed in the founding era and help reduce the mass incarceration of defendants pending trial. [ABSTRACT FROM AUTHOR]

The present study had as its starting point a recent decision of the European Court of Human Rights pronounced under Article 39 of the Court Regulation1 on a request to adopt a provisional measure, formulated by a Romanian citizen. This decision represents an opportunity to reflect not only on the vision of the European Court of Human Rights regarding the strictness of adopting some measures to prevent the risk of subjecting a person to ill-treatment, but also in relation to the institution of the European arrest warrant, in particular, with the possibility of removing its immediate effects based on the protection provided by Article 3 of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms and Article 4 of the Charter of Fundamental Rights of the European Union. [ABSTRACT FROM AUTHOR]

Background The incidence of colonic adenomas and colorectal cancer has been on the rise among young patients. In this study, we aimed to describe the characteristics of young patients (<50 years) with adenomatous polyps and to characterize those polyps. We also aimed to determine appropriate surveillance intervals for young patients. Methods We performed a retrospective chart review of patients <50 years of age who had polypectomy of 1 or more adenomatous polyps on colonoscopy between 2008 and 2021. Patient demographics, colonoscopy indication and polyp characteristics were obtained from the chart. Timing and findings on surveillance colonoscopies were recorded. Results A total of 610 patients were included: mean age 42.9±5.9 years, 61% males, body mass index 27.5±4.7 kg/m², and over 50% smokers. The most common indications were abdominal pain (23.3%), rectal bleeding (22.3%), and change in bowel habits (17.6%). Almost half of the patients who had adenomas (299) were younger than 45 years. Tubular adenoma was the most frequently encountered type of polyp (571; 93.6%). Mean polyp size was 1.1±0.9 cm. The most common location of adenomas was the sigmoid colon (41%). Of patients with adenomas, 156 (26%) had surveillance colonoscopy within 2.9±2.3 years; 74 patients (47.4%) were found to have new adenomas. Conclusions Patients aged <50 years with colonic adenomas were mostly males, overweight, and smokers. Further adenomas were found in 47% of surveillance colonoscopies, and most were encountered within 5 years. High rates of recurrent adenomas in people ˂50 years of age may warrant frequent surveillance. [ABSTRACT FROM AUTHOR]

Purpose: The purpose of this paper is to identify and discuss impediments in the compilation of an application for a search and seizure warrant for digital evidence and the structure of such a warrant in South African criminal cases. Design/methodology/approach: This paper provides a brief overview of international and local impediments, followed by a detailed discussion of the implications of these impediments and how it is approached in various jurisdictions. The methodology of this paper consists of a literature review. Findings: Addressing the impediments in the compilation of the application and the warrant will be beneficial for forensic investigators, the South African Police Service (SAPS) and the administration of justice in South Africa. Research limitations/implications: Search and seizures for digital evidence form part of civil, regulatory and criminal search and seizures. This study focuses on the search and seizure of digital evidence in criminal matters pursuant to mainly the provisions of the Criminal Procedure Act 51 of 1977 and the Cybercrimes Act 19 of 2020. Originality/value: The originality of this paper lies in the approach to the drafting of applications for search and seizure warrants for digital information in South Africa. The contribution of the study is that, by using this approach, the SAPS can address the impediments during the application and compilation of the warrants, which would enhance the quality of investigations and contribute to the successful investigation and prosecution of crime in South Africa. [ABSTRACT FROM AUTHOR]

Triple-negative breast cancer (TNBC) patients are more likely to have BRCA1/2 mutations, with a prevalence rate of about 10–20%. Although several studies have analyzed the oncologic outcomes between BRCA1/2 carriers and non-carriers, the impact on breast cancer patients is still unclear. A retrospective review was performed to determine the long-term outcomes of TNBC patients, focusing on the impact of BRCA1/2 mutations. A total of 953 TNBC patients who underwent primary breast cancer surgery from June 2008 to January 2016 were included. We examined long-term outcomes, including contralateral breast cancer (CBC) incidence, recurrence patterns, and survival rates over a median follow-up of 80.9 months (range 3–152 months). 122 patients (12.8%) had BRCA1/2 mutations. BRCA1/2 mutation carriers were significantly younger at diagnosis and more likely to have a family history of breast/ovarian cancer. CBC incidence at 60, 120, and 150 months was significantly higher in BRCA1/2 mutation carriers compared to non-carriers (P = 0.0250, 0.0063, and 0.0184, respectively). However, there were no significant differences in disease-free survival, overall survival, breast cancer-specific survival, or distant-metastasis-free survival between the two groups. BRCA1/2 mutation status was a significant risk factor for CBC (HR = 6.242, P < 0.0001). Interestingly, among 29 patients with CBC recurrence, 24 patients (82.8%) had recurring TNBC subtype and among the CBC recurrence patients, 19 patients (65.5%) resumed chemotherapy. In the TNBC subtype, appropriate genetic testing and counseling are pivotal for surgical decisions like risk-reducing mastectomy (RRM). Furthermore, long-term surveillance is warranted, especially in BRCA1/2 carriers who did not receive RRM. [ABSTRACT FROM AUTHOR]

Background: Cluster headache (CH) is a debilitating condition, but current therapies leave CH patients in pain. The extent of this problem in Sweden is unknown. Methods: An anonymized questionnaire was sent to 479 Swedish CH patients to investigate patterns and perceived effects of treatments. Results: Three hundred fourteen answers were analyzed. The population was representative regarding age of onset and sex. Less than half (46%) were satisfied with their abortive treatments, 19% terminated functioning abortive treatments due to side effects. Additionally, 17% of chronic CH patients had not tried the first-line preventive drug verapamil. A small subset had tried illicit substances to treat their CH (0–8% depending on substance). Notably, psilocybin was reported effective as an abortive treatment by 100% (n = 8), and with some level of effect as a preventive treatment by 92% (n = 12). For verapamil, some level of preventive effect was reported among 68% (n = 85). Conclusions: Our descriptive data illustrate that many Swedish CH patients are undertreated, lack functional therapies, and experience side effects. Further studies are warranted to search for new treatment strategies as well as a revision of current treatment guidelines with the aim of reducing patient disease burden to the greatest extent possible. [ABSTRACT FROM AUTHOR]

The vast volumes of our consumer data that companies retain to target advertising, train artificial intelligence products, and predict our preferences can also help solve crimes and identify unknown perpetrators. Two powerful strategies for cracking cases involving unknown perpetrators, keyword warrants and geofence warrants, direct businesses to disclose devices that performed incriminating keyword searches or that were present during a crime. The new digital search strategies drawing on corporately held big data are sparking conflicts and confusion in the courts because a suspect is not named, spurring originalism-influenced analogies to 1700s-era general warrants. Evaluating digital searches through the lens of a time before electric power existed-much less electronic data-makes no sense but remains alluring because of Romantic Luddism, a tradition of anxiety over technological change and nostalgia for the past. Advancing beyond Romantic Luddism in Fourth Amendment interpretation, this Article offers a new analytical lens for big data search strategies that are evolving with technology. How crimes are perpetrated in the digital age has evolved. Our concept of the Fourth Amendment's requirements, including what constitutes probable cause and particularity in big data search warrants, must evolve as well. This Article frames the concepts of digital probable cause and collateral impact to address conflicts in the courts over big data searches using keyword and geofence warrants to identify unknown perpetrators. The Article draws on the analogy of John Doe DNA warrants to explain how advances in science and technology can give new grounds for probable cause and particularity when a perpetrator's identity is unknown. The Article also frames the concepts of collateral impact and collateral harm to evaluate overbreadth concerns and empathy disparities regarding the impact of searches on persons not involved with the crime. The Article's proposal enables controlled use Of big data search strategies such as geofence and keyword warrants while forestalling abuses, such as mass surveillance of political protesters or hunting for abortion seekers. [ABSTRACT FROM AUTHOR]

Can the government buy its way around the Fourth Amendment's warrant requirement? As the panic over data-sharing after Dobbs illustrates, the answer is an urgent yes. Transactions between the government and data brokers--businesses that acquire, aggregate, and sell massive amounts of data on individuals' digital activities--fall outside the Stored Communications Act's hopelessly out-of-date guardrails and through a Fourth Amendment "loophole." Though the Supreme Court's 2018 Carpenter decision provides a useful framework for evaluating data's Fourth Amendment protection, it will not save us from data brokers. The "tick-tick-tock" cycle of Fourth Amendment precedent and privacy legislation is off As Orwell would say, the clocks are "striking thirteen." It is past time for Congress to pass new privacy legislation. But what should that legislation look like? History, as usual, offers clues. In this Note, I argue that to rebalance competing interests in light of paradigm technological change, Congress must learn from past mistakes in drafting the Stored Communications Act. I analyze three potential legislative solutions--the Fourth Amendment Is Not for Sale Act; the My Body, My Data Act: and California's "Delete Act"--and propose my own, which combines the strengths of each and provides flexibility for future technological developments. That way, when the Fourth Amendment clock strikes again, we will be ready. [ABSTRACT FROM AUTHOR]

Academic literature in England and Wales and New Zealand does not consider the protection of legal professional privilege where digital material is seized under a search warrant. Academic literature in the United States does engage with this subject but is not informed by a comparative approach. This article fills both gaps. It examines practices that have been developed by investigative teams and prosecuting authorities in all three comparator jurisdictions in their attempts to provide safeguards necessary to preserve privilege. Such practices involve the use of technology to increase the speed, cost effectiveness and/or efficiency of identifying privileged documents. The process of developing these practices has been informed by judicial guidance, where they have been challenged before the courts, and by guidance from government departments, Bar Associations or Law Commissions. Following comparative analysis, the article recommends measures that should be included in legislation, codes of practice or guidance in any jurisdictions where there is potential for legal professional privilege or an equivalent concept to be undermined when digital material is seized under a search warrant. [ABSTRACT FROM AUTHOR]

That Loch Ness Monsters, "Nessies", might exist has been argued by many people on the basis of films, sonar contacts, photos, and eyewitness accounts. At the same time, some observers have insisted that these are not real creatures, nothing but misperceptions of natural phenomena or known animals. Their arguments typically address the weakest evidence (eyewitness accounts) rather than the strongest objective evidence of sonar and film. Such evasion or avoidance constitutes a strategy of misdirection, as does the insistence that, since Nessies are not recognized by "science," therefore taking their possible existence seriously amounts to doing pseudo-science. Debunkers are arguably irrational and go beyond the evidence in declaring that Nessies are definitely non-existent. Although Nessie fans do believe that they exist, most will admit that final proof requires a specimen or detailed close-up of unequivocally valid photography and insist only that enough evidence exists to warrant further searches: that is not pseudo-science. [ABSTRACT FROM AUTHOR]

Human alveolar echinococcosis is increasingly documented in Alberta, Canada. Its causative agent, Echinococcus multilocularis (Em), can be transmitted to humans by infected dogs. We assessed the prevalence and associated risk factors for Em infections in domestic dogs in Calgary, Alberta, Canada. In this cross-sectional study that coupled collection and assessment of dog feces with a survey on potential risk factors, 13 of 696 (Bayesian true prevalence, 2.4%; 95% CrI: 1.3–4.0%) individual dogs' feces collected during August and September 2012 were qPCR positive for Em. Sequencing two of these cases indicated that both were from the same Em European strain responsible for human infections in Alberta. Likelihood of intestinal Em was 5.6-times higher in hounds than other breeds, 4.6-times higher in dogs leashed at dog parks than those allowed off-leash, 3.1-times higher in dogs often kept in the backyard during spring and summer months than those rarely in the yard, and 3.3-times higher in dogs living in neighbourhoods bordering Bowmont park than those in other areas of Calgary. This situation warrants surveillance of dog infections as a preventative measure to reduce infections in North America. [ABSTRACT FROM AUTHOR]

Background and Aim: Patients with inflammatory bowel disease have an increased risk of developing colorectal cancer as compared with the general population. Endoscopic surveillance to detect early dysplastic changes is advised by several published clinical guidelines, which provide recommendations as to the timing and performance of surveillance procedures. There is a paucity of data as to adherence with these guidelines in clinical practice. Methods: A longitudinal inception cohort study of all new patients diagnosed with inflammatory bowel disease across a service network of Australian hospitals between January 2005 and June 2014, with continuous follow‐up in a gastroenterology clinic until December 31, 2022. Patients were included if they warranted surveillance according to the Australian guidelines. Adherence to guidelines and technical and quality measures were reported. Results: A total of 136 patients were included, and a total of 263 surveillance procedures were performed. Ninety‐five patients (70%) had their first surveillance colonoscopy within the correct time interval. Fifty patients (37%) were completely adherent to guidelines with respect to timing of all surveillance procedure. The overall dysplasia detection rate for surveillance procedures was 10%. Chromoendoscopy was only performed in 16% of procedures. Conclusions: Adherence to endoscopic surveillance guidelines with regard to timing of procedures and the utilization of chromoendoscopy is poor. Further clinician education, promotion of the surveillance guidelines and incorporation of chromoendoscopy training as part of the national colonoscopy training program may improve adherence to guidelines. [ABSTRACT FROM AUTHOR]

The objective of this paper is to emphasize the differences between a call and a warrant as well as the different valuation methods of warrants which have been introduced in the financial literature. For the sake of simplicity and applicability, we only consider a debt-free equity-financed firm. More recently a formal distinction between structural and reduced form pricing models has been introduced. This distinction is important whether one wishes to price a new warrant issue or outstanding warrants. If we are interested in pricing a new issue of warrants, e.g. in the context of a management incentive package, one has to rely on a structural model. However most of practitioners use the simple Black-Scholes formula. In this context, we analyze the accuracy of the approximation of the "true" price of a warrant by the Black-Scholes formula. We show that in the current low interest rate environment, the quality of the approximation deteriorates and the sensitivity of this approximation to the volatility estimate increases. [ABSTRACT FROM AUTHOR]

Background and Objectives: Hepatitis B virus (HBV) genotypes (A–H) have a distinct geographic distribution and are highly associated with the country of birth. Canada has experienced increased immigration over the past decade, primarily from regions where HBV is endemic. This study investigated the proportions and trends of HBV genotypes within blood donor and clinical populations of Canada over the period 2016–2021. Materials and Methods: Study samples involved two cohorts: (1) Canadian blood donors (n = 246) deferred from donation due to HBV test positivity and (2) chronic HBV patients from across Canada (clinically referred population, n = 3539). Plasma or serum was extracted, and the surface antigen and/or polymerase‐coding region was amplified and sequenced to determine genotype by phylogenetic analysis. Results: Six (A–E, G) and eight (A–H) HBV genotypes were detected among deferred blood donors and the clinically referred population, respectively. Differences in HBV genotype proportions between the two cohorts were observed across Canada. Males comprised most of the referred population among genotypes A–E (p < 0.0001), except for genotypes B and C. The median age was younger among blood donors (36 years [range 17–72]) compared with the referred population (41 years [range 0–99]). Distinct trends of increasing (E, referred; B, blood donor) and decreasing genotype prevalence were observed over the study period. Conclusion: HBV genotypes in Canada are highly diverse, suggesting a large immigrant population. Observed trends in genotype prevalence and proportional differences among cohorts imply shifts among the HBV‐infected population of Canada, which warrants continued surveillance. [ABSTRACT FROM AUTHOR]

Pursued by authorities throughout the 1930s, Heinrich Habitz left behind a significant paper trail of official documentation, arrest warrants and imprisonment records. As Germany slipped further under National Socialist oppression, Habitz's status as a homosexual man who sold sex marked him as a target of police repression. Even after the end of the war, the Hamburg Prosecutor's Office attempted to locate and again prosecute him under the infamous §175 'sodomy law'. By rights, the study of Habitz should provide insights into the continuities of anti-queer repression between authoritarianism and democracy, but for one key point: 'Heinrich Habitz' existed only as a paper identity in official bureaucracy, and the 'man' authorities repeatedly persecuted was, in fact, a self-identified woman named 'Liddy Bacroff'. Through a series of semi-autobiographical writings, alongside official paperwork, Liddy Bacroff presents the value of but also the difficulties facing the (re)construction of queer and, in particular, transgender (pre)histories. In this instance, the historian is not just faced with the problem of how this life, and others like it, should be represented in historiographical terms. We are left also with the question of how this victim of National Socialist barbarity should (or rather, can) be remembered: as the paper identity that provided a succession of carceral authorities with the justification to persecute and ultimately murder a cisgender gay man, or as the lived experience of a woman whose unique self-understanding allowed her to carve out her place in a society that otherwise relegated her to its margins. [ABSTRACT FROM AUTHOR]

Background: Leprosy remains a significant public health concern in many regions, including India, with multibacillary forms posing unique challenges in diagnosis and management. This study aimed to comprehensively assess the spectrum of disease in multibacillary leprosy patients at a tertiary care center in Chennai. Methods: A prospective study was conducted over one and a half years, involving 38 newly diagnosed and untreated multibacillary leprosy patients. Clinical, bacteriological, and treatment response parameters were evaluated using standardized methods. Statistical analysis was performed using SPSS version 26. Results: The study analyzed 38 multibacillary leprosy patients. The study cohort exhibited a mean age of 40.2 years, with a notable male predominance (79%) aged 30-39. Coolies (28.9%) were the most affected occupation group. Borderline lepromatous leprosy (66%) was prevalent. Clinical assessments showed trophic ulcers (13%) and grade 2 deformities like claw hand (5.3%) and lagophthalmos (2.6%). Bacteriological evaluation post-MDT revealed significant BI reduction at 6 months (p < 0.001). While most patients attained negative smears, some remained positive at 12 months, warranting continued surveillance for sustained clearance. Conclusion: This study provides comprehensive insights into the epidemiological, clinical, and bacteriological characteristics of multibacillary leprosy, highlighting the efficacy of multidrug therapy in achieving favorable treatment outcomes. [ABSTRACT FROM AUTHOR]