Regulating information flows: Is it just? Insider trading and mandatory-disclosure rules from a free-market perspective

Much of Henry Manne’s work on insider trading emphasised that this practice enhances quick dissemination of information and ultimately efficiency. In this paper, we draw attention to the fact that regulating insider trading encroaches upon the foundations of a free-market economy, and boils down to a question of envy, rather than justice. In particular, there is nothing undesirable, fraudulent or shameful in a process through which selected agents (the insiders) transform dispersed information into specialised knowledge, and make use of it. One may be envious that insiders make a profit or avoid a loss thanks to their privileged position. Yet, insiders do not steal any information and do not violate any property right. Their only constraint is an explicit contractual agreement with their employer. In that case, the government might be required to enforce the contract. Regulation would be illegitimate.     

Teaching management without cases

Many of the qualities of case method teachitig stem from the classroom method and not merely from the case. This article describes five noncase exercises designed to achieve purposes that cases are often used to accomplish, but which experience indicates, can do the job more easily. They are all based on the proposition that attention to the classroom method and not merely to the case will allow instructors to teach public management more effectively.     

Restraining auto imports: Does anyone win?

The conventional wisdom suggests that import restraints help the protected domestic industry at the expense of consumers. In the longer term, however, trade restraint may encourage foreign firms to adopt new and more threatening business strategies, such as upgrading the quality of their products or moving plants to the United States. If these long-term dynamic effects of restraint are considered, trade restraints may prove harmful to the domestic industry as well as consumers.     

Multiplex PCR development of Y-chromosomal biallelic polymorphisms for forensic application

Single-nucleotide polymorphisms of Y chromosome (Y-SNPs) are a class of markers of interest in forensic investigations, because many of them show regional specificity, providing useful information about the geographic origin of a subject or evidence under investigation. A first multiplex with 7 SNPs (M35, M89, M9, M170, M172, M45, M173), which occur in the basal branches of the phylogenetic tree and are able to assign a subject to known most frequent European haplogroups, was designed. SNP genotyping was accomplished by hot-start PCR with primers amplifying fragments between 96 and 136 nucleotides, minisequencing, and capillary electrophoresis of extension products. Ninety seven subjects of known geographic provenance were studied, of which 68 from Europe. Of these, 57 had mutations found more frequently in European haplogroups and 11 more frequent in Asian populations. Subjects from non-European countries were also examined and had haplogroups common in their regions of provenance. Experiments with low molecular weight DNA gave positive amplification from 1 ng of DNA for all seven SNPs.     

The Limits of Digital Interpretation: Semantic Versus Syntactic Connectedness

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - The concept of reasonability is key in Umberto Eco’s interpretive semiotics, where it...     

Combined Statistical Analyses of Forensic Evidence in Sexual Assault: A Case Report and Brief Review of the Literature

DNA analysis has been widely used in the forensic field in order to contribute to identifying the perpetrator of a crime. Forensic investigation in sexual assaults usually focuses on locating and identifying biological fluids, followed by DNA analysis. The identification of certain compounds present in condoms can be useful to reconstruct the occurred event, especially in cases of sexual assaults where the DNA analysis did not show the presence of a male profile and where RNA analysis did not show the presence of sperm markers. Herein we describe the case of a woman reporting to be victim of sexual assault, who was not able to provide accurate information concerning the dynamics of the event; she remembered only forced penile–vaginal penetration by a single perpetrator. We performed short tandem repeat (STR) analyses and mRNA typing for forensic genetics testing on vaginal and rectal swabs collected on the victim, and Fourier-transform infrared spectroscopy (FTIR) followed by chromatographic analyses for the detection of condom compounds on the same swabs. The STR analysis showed only the victim’s genetic profile, and RNA analysis showed only the presence of vaginal and skin markers. In this situation, the identification of condom compounds residues on vaginal swabs became important as it complemented other collected evidences allowing the Court to reconstruct the events. A proposal of likelihood ratio (LR) calculation for the assessment of the weight of evidence in this case is described.     

A quantitative differentiation method for plastic bags by wide angle X-ray diffraction for tracing the source of illegal drugs

Thirty-three shopping bags, commonly encountered in the packaging of drug doses, were characterized by wide angle X-ray diffraction (WAXD). Using this single technique, without sample preparation, nearly all the considered samples could be differentiated, achieving a discriminating power of 0.992. The rather large degree of variability existing in grocery bags, even though they are mass produced, was shown, confirming that these items can be useful in tracing the source of illicit drug doses.     

Beyond Consensus: Law, Disagreement and Democracy

Nowadays democratic liberal societies face a rising challenge in terms of fragmentation and erosion of shared values and ethical pluralism. Democracy is not anymore grounded in the possibility of a common understanding and interpretation of the same values. Neverthless, legal and political philosophy continue to focus on how to reach consensus, especially through monist, objectualist, contractualist, discursive and deliberative approaches, rather than openly affording the issue of disagreement. Far from being just a disruptive force, disagreement and conflict are matters of fact that no reflection on democracy can underevaluate. They are the major issues through which to look at the intersection of law, politics and morals. The inclusion of dissent is a powerful tool for moral recognition of different understandings of justice. That is where legal procedures become crucial. Law is a fundamental element in the building of a democracy. But it is also particularly exposed to disagreement. Language indeterminacy, dogmatic concepts and value pluralism constitute the main elements that lead to alternative and conflicting interpretations of law in a democratic framework. Major legal progress in the past has come from different understandings of the same legal materials. In this article I argue that respect for disagreement should be a moral principle in democracy and that the role of legal disagreement is essential to understand the evolution and the future directions of democracy as the government of a political community. To do so, a link between respect for disagreement and legal interpretation and argumentation must be established in order to make room for reason and avoid extreme skepticism on the contribution of law to the enforcement of democracy.     

Gang Membership and Mental Health During the Transition to Adulthood

Journal of Quantitative Criminology - There is an increasing understanding that mental health may be a collateral consequence of joining a gang. The objective of the present study is to assess the...