Trace Element Analysis of Rough Diamond by LA‐ICP‐MS: A Case of Source Discrimination?*,†

Abstract: Current profiling of rough diamond source is performed using different physical and/or morphological techniques that require strong knowledge and experience in the field. More recently, chemical impurities have been used to discriminate diamond source and with the advance of laser ablation–inductively coupled plasma–mass spectrometry (LA‐ICP‐MS) empirical profiling of rough diamonds is possible to some extent. In this study, we present a LA‐ICP‐MS methodology that we developed for analyzing ultra‐trace element impurities in rough diamond for origin determination (“profiling”). Diamonds from two sources were analyzed by LA‐ICP‐MS and were statistically classified by accepted methods. For the two diamond populations analyzed in this study, binomial logistic regression produced a better overall correct classification than linear discriminant analysis. The results suggest that an anticipated matrix match reference material would improve the robustness of our methodology for forensic applications.     

Designing ETPIMs around ECHR Review or Normalisation of ‘Preventive’ Non‐Trial‐Based Executive Measures?

This article considers the transition in 2012 from control orders to more ECHR‐compliant ‘terrorism prevention and investigation measures’ under the Terrorism Prevention and Investigation Measures Act 2011. It argues that the interaction between security and liberty over the post 9/11 years has the appearance of a dialogue between courts and the executive that has resulted in a diminution in the repressive character of non‐trial based preventive measures. But such an impression, it will be contended, is obscuring the recalibration of ECHR rights that has occurred, easing the path to the introduction of the enhanced version of TPIMs, under the Enhanced Terrorism Prevention and Investigation Measures Bill. The proposed ETPIMs exhibit many of the objectionable features of control orders and are currently ready to introduce if the threat level rises.     

Dworkin and Phenomenology of the “Pre‐Legal”?

Ronald Dworkin states in his preface to “Law's Empire” (1986) that he is doing a phenomenology of law. In regards to a phenomenology of law, I wish to investigate Dworkin's theory of law, and subsequently, what is left out in order for it to be considered a phenomenological account. In doing so, I will compare Dworkin's phenomenology of law to Schütz's phenomenology of the social world. The comparison between the two will illuminate what I believe is necessary for law, and that is a Phenomenology of the Pre‐Legal.     

Are There Methods of Reasoning on ‘Meta‐Legislation’? The Interpretation of Legislative Competence Norms within the Methodology of European Constitutional Law

Legislative competence norms are paradigmatic elements of European constitutional law and the supranational, post‐federal era. The article aims to address legislative competence norms from the viewpoint of methodology by considering significant features of reasoning on European legislative competence norms. The discussion will be based on understanding legislative competences as ‘meta‐legislation’. That concept encompasses a substantive rather than formalistic, and a politically informed rather than strictly positivist account of legislative competences and their methodology. Against that background, the interpretation of competence norms is assessed. Subsequently, the process of interpretation is discussed according to judicial practice, constitutional theory and general legal methodology. A consideration of the significance of the—usually vast—wording of competence norms completes that discussion. Finally, consequences about the political inclusiveness of interpreting competence norms and the issue of ‘clarity’ are drawn. A conclusion summarises the results.     

Can 14,737 women be wrong? A meta‐analysis of the LSI‐R and recidivism for female offenders*

Research Summary Over the past two decades, researchers have been increasingly interested in measuring the risk of offender recidivism as a means of advancing public safety and of directing treatment interventions. In this context, one instrument widely used in assessing offenders is the Level of Service Inventory‐Revised (LSI‐R). Recently, however, the LSI‐R has been criticized for being a male‐specific assessment instrument that is a weak predictor of criminal behavior in females. Through the use of meta‐analytic techniques, we assessed this assertion. A total of 27 effect sizes yielded an average r value of .35 ([confidence interval] CI = .34 to .36) for the relationship of the LSI‐R with recidivism for female offenders (N= 14,737). When available, we also made within‐sample comparisons based on gender. These comparisons produced effect sizes for males and females that were statistically similar. Policy Implications These results are consistent with those generated in previous research on the LSI‐R. They call into question prevailing critiques that the LSI‐R has predictive validity for male but not for female offenders. At this stage, it seems that corrections officials should be advised that the LSI‐R remains an important instrument for assessing all offenders as a prelude to the delivery of treatment services, especially those based on the principles of effective intervention. Critics should be encouraged, however, to construct and validate through research additional gender‐specific instruments that revise, if not rival, the LSI‐R.     

Treating or Tracking? Regulatory Challenges of Nano‐Enabled ICT Implants

The increasing commercialisation of human ICT implants has generated debate over the ethical, legal, and social implications of their use. The convergence of nanotechnologies with ICT is likely to further challenge the current legal frameworks that regulate them. The aim of this article is to examine the effectiveness of the European data protection legal framework for regulating this “next generation” of nano‐enabled ICT human implantable devices. The article highlights the potential regulatory challenges posed by the applications and makes a series of recommendations as to how the current European legal framework on data protection will respond to them.     

Socially Responsible Private Regulation: World‐Culture or World‐Capitalism?

This article analyzes the phenomenon of “corporate social responsibility” (CSR; specifically: social private regulation) in light of two sociological paradigms of globalization: “world‐culture” and “world‐capitalism.” The study treats three analytically distinct features of CSR: the political contestation over its meaning, the role of business studies in transforming it into a managerial model, and its consolidation as a market of authorities. The study finds that (1) while CSR may be theorized as a emergent “world cultural” model, the culture paradigm does not take sufficient account of the role of corporations in shaping it, and (2) while both paradigms recognize the transition from political contestations over the character of CSR to its deployment by means of private regulation, the world‐capitalism paradigm offers stronger tools for theorizing the mechanisms of change that mediate between political agency and institutionalized regulatory outcomes.     

When Do Laws Matter? National Minimum‐Age‐of‐Marriage Laws,Child Rights,and Adolescent Fertility, 1989–2007

Using the case of adolescent fertility, we ask the questions of whether and when national laws have an effect on outcomes above and beyond the effects of international law and global organizing. To answer these questions, we utilize a fixed‐effect time‐series regression model to analyze the impact of minimum‐age‐of‐marriage laws in 115 poor‐ and middle‐income countries from 1989 to 2007. We find that countries with strict laws setting the minimum age of marriage at 18 experienced the most dramatic decline in rates of adolescent fertility. Trends in countries that set this age at 18 but allowed exceptions (for example, marriage with parental consent) were indistinguishable from countries that had no such minimum‐age‐of‐marriage law. Thus, policies that adhere strictly to global norms are more likely to elicit desired outcomes. The article concludes with a discussion of what national law means in a diffuse global system where multiple actors and institutions make the independent effect of law difficult to identify.     

Embutramide,a Component of Tanax®(T‐61) as a New Drug of Abuse?

Tanax^®(T‐61) is a euthanasia solution commonly used in veterinary medicine in Europe. It consists of three active components: embutramide, mebezonium iodide, and tetracaine hydrochloride. Human consumption of Tanax^®(T‐61) is usually associated with suicide attempts. In our 15‐year‐long practice, embutramide was detected only three times but within a short period. First, it was found in the urine of a 42‐year‐old veterinarian, and the other two observations were made in a 16‐year‐old young man. Urine samples were analyzed using Shimadzu Prominence TOX.I.S.II. HPLC–DAD system with online SPE extraction system. Both of the two patients denied any intention to die. These cases show that this veterinary drug may also be considered as potential drugs of abuse.     

HOW EFFECTIVE ARE COURT‐AFFILIATED DIVORCING PARENTS EDUCATION PROGRAMS? A META‐ANALYTIC STUDY

In this meta‐analytic study, we looked at all empirical studies that examined the effectiveness of court‐affiliated divorcing parents education programs (DPEs). Overall, we found that DPEs were generally effective. Nineteen studies with a DPE treatment group and no‐treatment control group had an overall significant moderate positive effect (d= .39); those who participated in DPEs were about 50% better off in terms of program outcomes compared to those who did not participate. The studies examined five specific outcomes: co‐parenting conflict, parent‐child relationships, child well‐being, parent well‐being, and relitigation; with most of these specific outcomes we found significant moderate effects ranging from d= .19–.61. However, there were important methodological limitations in this body of research, which are discussed. While more research is needed to confirm the positive potential of DPEs, we probably know enough to justify continuing and even increasing support for this recent social policy innovation.     

The Development of EU Case‐Law on Age Discrimination in Employment: ‘Will You Still Need Me? Will You Still Feed Me? When I'm Sixty‐Four’

This article addresses the development of age discrimination law in the Court of Justice and concludes that there is a marked difference in the level of discretion given to Member States in cases relating to mandatory retirement policies. The article will critique the approach of the Court of Justice to the legitimate objective test and the proportionality test in retirement cases. It will also argue that the decisions of the Court of Justice to date have all involved cases with very similar factual scenarios, and the article hypothesises how a different conclusion might be reached in cases with different factors. It also considers the impact of the Charter of Fundamental Rights on such cases. The article concludes by arguing that mandatory retirement policies may no longer be compatible with EU law and that there is a need to move towards more flexible retirement policies.     

‘All About That Bass’? Is non‐ideal‐weight discrimination unlawful in the UK?

People of non‐ideal‐weight (overweight or severely underweight) are subjected to discrimination, in the workplace and elsewhere, based on attitudinal assumptions and negative inferences from their membership of a group, such as that they are insufficiently self‐motivated to make good employees. But is that discrimination unlawful in the UK? The Equality Act 2010 offers only a very tenuous route for protection, because the Act is based largely on a ‘medical model’ of disability. EU law, which embraces a ‘social model’ of disability, drawing from the UN Convention on the Rights of Persons with Disabilities, offers more, at least in theory. But the mechanisms for enforcing individual EU law rights mean that entitlements in EU law are likely to be enforceable in practice only against state employers. This situation leaves a gap in the law which is remediable only by legislative reform.     

Is It the What or the How? The Roles of High‐Policing Tactics and Procedural Justice in Predicting Perceptions of Hostile Treatment: The Case of Security Checks at Ben‐Gurion Airport,Israel

What affects perceptions of hostile treatment by police, characterized by feelings such as humiliation and intimidation? Is it what the police do to the citizen, or is it about how they do it? The important effects of procedural justice are well documented in the policing literature. Yet, it is not clear how high‐policing tactics, coupled with procedural justice, affect one's sense of hostile treatment: is it the case that what the police do does not matter as long as they follow the principles of procedural justice, or do some invasive or unpleasant tactics produce negative emotions regardless of the amount of procedural justice displayed by the officer? In the present study we examine this question in the context of security checks at Ben‐Gurion Airport, Israel. Using a survey of 1,970 passengers, we find that the behavioral elements of procedural justice are an important antidote, mitigating the negative effects of four “extra” screening measures on the perceived hostility of the checks. At the same time, two security measures retain an independent and significant effect. We discuss the implications of our findings and hypothesize about the characteristics of policing practices that are less sensitive to procedural justice.     

A Separate Peace? The Politics of Localized Law in the Post‐Revolutionary Era

Law is often seen as peripheral to Southern life before the Civil War, and the South as an outlier in the American legal history of that era. In The People and Their Peace (2009), Laura Edwards demonstrates the profoundly legal nature of Southern society and takes an important step toward integrating the legal history of the South with that of the nation. Edwards identifies two dueling legal cultures in North and South Carolina between 1787 and 1840—the law of local courts, which she terms localized law, and the state law of professionalized lawyers and reformers. She argues that white women, slaves, and the poor fared better in localized law—which was based on notions of popular sovereignty and the flexible rubric of restoring “the peace”—than in state courts, which were steeped in a national culture of individual rights that led to more restrictive results. This essay questions Edwards's dichotomy between local law and state law and her depiction of the popular content of localized law, while building on Edwards's innovations to suggest a new direction for Southern legal history.     

Litigation Costs and Before‐the‐Event Insurance: The Key to Access to Justice?

The cost of civil litigation is a key factor in determining the extent of access to justice. Following cuts in legal aid attention has focused upon finding alternative methods of assisting litigants without producing costs which are out of proportion to the damages obtained. The recent report by Lord Justice Jackson attempts to deal with concerns about increasing and disproportionate costs said to arise in part because of the encouragement of conditional fee agreements. This article considers the proposals made in the report, and argues that too little attention has been paid to before‐the‐event insurance as a means of securing access to justice for the great majority of claimants who suffer personal injury.     

A Duty‐Free Europe? What's Wrong with Kochenov's Account of EU Citizenship Rights

This article disputes the recent argument of Dimitry Kochenov advocating an ‘EU Citizenship without Duties’. His thesis rests on an untenable form of philosophical anarchism that overlooks the role played by our political obligations to state structures in securing rights. At best, his argument suggests a ‘thin’ form of EU citizenship that allows European citizens to choose which of the Member States they wish to become morally obliged to. A ‘thicker’ form of EU level citizenship could only arise by creating civic obligations at the EU level, the position he rejects. To the extent certain Court of Justice judgments in this area reflect parallel reasoning to Kochenov's, they too suffer from a similar failure to appreciate the role of civic duties to particular Member States (or, eventually, the EU) in creating and securing the status of citizens as equal rights bearers.     

Are Older Workers Past Their Sell‐by‐Date? A View from UK Age Discrimination Law

This article assesses the effectiveness of United Kingdom age discrimination law in protecting older workers from claims that they are less productive and perform more poorly than younger workers. The article assesses employer perceptions and the incompatibility of such perceptions with existing research and the current interpretation of age discrimination law by the CJEU and the Supreme Court which accords with such research. The effectiveness of age discrimination law in practice is assessed through an analysis of existing compensation reduction rules. The article concludes that the existing rules which allow for a reduction in compensation payable where there is a chance that the same outcome would have been reached in the absence of discrimination (the ‘chance model’) reduces the effectiveness of the existing protections. A move to a ‘certainty model’ would be less speculative, would serve the objectives of anti‐discrimination law and would reduce concerns about compatibility with EU law.     

Do Open Primaries Improve Representation? An Experimental Test of California's 2012 Top‐Two Primary

To improve representation and alleviate polarization among US lawmakers, many have promoted open primaries—allowing voters to choose candidates from any party—but the evidence that this reform works is mixed. To determine whether open primaries lead voters to choose ideologically proximate candidates, we conducted a statewide experiment just before California's 2012 primaries, the first conducted under a new top‐two format. We find that voters failed to distinguish moderate and extreme candidates. As a consequence, voters actually chose more ideologically distant candidates on the new ballot, and the reform failed to improve the fortunes of moderate congressional and state senate candidates.