The Perversions of History: Constitutionalism and Revolution in Burke’s <Emphasis Type="Italic">Reflections</Emphasis>

Edmund Burke’s Reflections on the Revolution in France is one of the defining texts in the history of English constitutional thought. It is conservative in its overt defence of England’s ancient constitution, and in particular the twin bulwarks of Church and Crown. In more immediate terms, it was written against those who appeared to sympathise with the principles of the French revolution, men such as Joseph Price and Tom Paine. But the true ‘genius’ of Burke, as Wordsworth famously noted, does not lie in the surface defence of traditional conservative institutions and principles. It lies, rather, in an appreciation that constitutions are aesthetic expressions, their vitality dependent upon the strength of the political imagination which they strive to shape and to nurture. What is truly distinctive about Burke’s Reflections accordingly is that it was written as a poetic as much as a political treatise. The purpose of this essay is to explore this genius and this poetic.     

Ballistic characterization of the Remington Premier Copper Solid sabot shotgun slug

We evaluated the impact and penetration characteristics of the Remington Copper Solid sabot shotgun slug with standardized ballistic tests and used this information to predict tissue wounding patterns. This unique ammunition, first distributed in 1993, is composed of a solid copper, hollow-point slug with longitudinal slots cut into the nose. The slug is fitted into a hard plastic sabot with 8 finger-like projections and loaded into a shotgun shell with two plastic wads separating it from the underlying gunpowder charge. The ammunition was fired through a 12-gage shotgun using a rifled barrel, a smooth-bore barrel with rifled choke, and a smooth-bore barrel with a smooth modified choke into targets consisting of poster board and 10% ballistic gelatin at a variety of distances. The copper slug and plastic sabot created single 8-fingered asterisk-shaped defects in the poster board when fired at distances of less than 7 to 9 ft (approximately 2 to 3 m). All three barrel types performed similarly. At greater distances, the sabot impacted the targets separately from the slugs and created variably shaped defects that reflected base-first, nose-first, and side-first impacts. Increasing muzzle-to-target distances generally increased the impact distances between the slug and sabot. There was no predictable relationship between the sabot and slug impact points for any of the three barrel types. With each barrel tested, the wads created separate defects from the slug at distances greater than 5 ft (1.5 m). The distances between the slug and the wad impact points increased with increasing muzzle-to-target distances up to 40 ft (12 m), after which the wads generally no longer struck the targets. The slug created atypical defects at distances between 7 and 150 ft (approximately 2 to 45 m), probably due to yawing or tumbling. When the slug impacted the gelatin block in a nose-first orientation, the slotted nose portion tended to fragment and radially deposit pieces in the gelatin that were visible on radiographs. When the slug struck the gelatin target in a side-first orientation, it passed through the gelatin intact. The slug, sabot, and wads of this unique projectile separate and create independent impact points in a stereotypical manner independent of barrel type. This pattern of separation allows estimates to be made of ranges of fire. Wounds created in human tissues by this ammunition would likely have similar asterisk-shaped configurations, and nose fragments may be deposited in tissues and seen radiographically. Rectangular wounds created by the tumbling or yawing slug might be mistaken for intermediate target wounds.     

On the Question of Dutch Courts' Universal Jurisdiction: A Response to Mettraux

In response to Guénaël Mettraux's article regardingthe recent exercise of universal jurisdiction over torture andwar crimes by a Dutch court, the author disputes Mettraux'sreading of these cases on several points. These points includethe legal basis for exercising universal jurisdiction over violationsof Common Article 3 and the criterion of involvement of publicauthorities in the crime of torture.     

The application of an automated allele concordance analysis system (CompareCalls) to ensure the accuracy of single-source STR DNA profiles

A powerful method for validating a scientific result is to confirm specific results utilizing independent methodologies and processing pathways. Thus, we have designed, developed and validated an automated allele concordance analysis system (CompareCalls, patent pending) that performs comparisons between two independent DNA analysis platforms to ensure the highest accuracy for allele calls. Application of this system in a quality assurance role has shown the potential to eliminate greater than 90% of the STR analysis required of a DNA data analyst. While this system is broadly applicable for use with any two independent STR analysis programs, either prior to or following human data review, we are presenting its application to data generated with the ABI Prism Genotyper software system versus data generated with the SurelockID system. With the automated allele concordance analysis system, the GeneScan DNA fragment data generated from an ABI 377 gel image are analyzed in two independent pathways. In one analysis pathway, the GeneScan data are imported into Genotyper software where STR labels are assigned to the fragment data based upon the criteria of the Kazam 20% macro. The "Kazam" macro provided with the Genotyper program works by labeling all peaks in a category (or locus) and then filtering (or removing) the labels from peaks, such as those in stutter positions, that meet predefined criteria. In the second pathway, the GeneScan data are imported into the SurelockID analysis platform where STR labels and error messages are assigned to the fragment data based upon hard-coded allele calling criteria and quality parameters. The resulting STR allele calls for each analysis platform are then compared, utilizing the automated allele concordance analysis system. Any differences in the STR allele calls between the two systems are flagged in a discordance report for further review by a qualified DNA data analyst. The automated allele concordance analysis system guides the DNA data analyst to the discordant data generated by either analysis platform. Additionally, the analyst is also directed to data that are of less than pristine quality which may have an increased potential for errors in interpretation by either analysis platform or by a human DNA data analyst. Implementation of an automated allele concordance analysis system will yield high-quality data for CODIS and free the human DNA data analyst to perform other critical duties within the laboratory.     

Race, Ethnicity, and Law Enforcement Profiling: Implications for Public Policy

The proposed Traffic Stops Statistics Study Act of 2001—Title II of Senate Bill 19 of the 107th Congress—was the third consecutive legislative proposal aimed at addressing the perceived problems of racial profiling and police abuse in the detention of minority motorists for allegedly unjustifiable reasons. The measure followed Senate Bill 821 from the 106th Congress and House Bill 118 from the 105th Congress. This study looks at the purpose of these bills, explores the reasons supporters believe that federal policy mandating law enforcement agencies to collect racial data on motorists stopped and detained is needed, and examines a number of public policy questions that a Traffic Stops Statistics Study Act might raise.     

Equity and Political Economy in Thomas Hobbes

Thomas Hobbes is often viewed as a seminal figure in the development of the homo economicus philosophical anthropology central to the acquisitive, bourgeois morality of liberal modernity. The present study challenges this interpretation of Hobbes as an antecedent to free market ideology by arguing that his political economy presupposed a complex relation between contract, law, and social networks of credit informed by prudence and robust norms of equity. The normative claims of equity permeate Hobbes's holistic account of political economy and inform his vision of liberal statecraft that gave priority to prudential judgment against economic determinism, especially as Hobbes understood trade, taxation, allocation of resources, and the provision of social welfare. I will conclude by reflecting upon how Hobbes's political economy both reveals the internal diversity within the liberal intellectual tradition and can help us to better understand and critique contemporary liberal states and democratic theory.