A mixed DNA profile controversy revisited

Semaan et al. (J Forensic Res, 2020, 11, 453) discuss a mock case “where eight different individuals [P₁ through P₈] could not be excluded in a mixed DNA analysis. Even though … expert DNA mixture analysis software was used.” Two of these are the true donors. The LRs reported are incorrect due to the incorrect entry of propositions into LRmix Studio. This forced the software to account for most of the alleles as drop-in, resulting in LRs 60–70 orders of magnitude larger than expected. P₁, P₂, P₄, P₅, and P₈ can be manually excluded using peak heights. This has relevance when using LRmix which does not use peak heights. We extend the work using the same two reference genotypes who were the true contributors as Semaan et al. (J Forensic Res, 2020, 11, 453). We simulate three two-donor mixtures with peak heights using these two genotypes and analyze using STRmix?. For the simulated 1:1 mixture, one of the non-donors’ LRs supported him being a contributor when no conditioning was used. When considered in combination with any other potential donors (i.e., with conditioning), this non-donor was correctly eliminated. For the 3:1 mixture, all results correctly supported that the non-donors were not contributors. The low-template 4:1 mixture LRs with no conditioning showed support for all eight profiles as donors. However, the results from pair-wise conditioning showed that only the two ground truth donors had LRs supporting that they were contributors to the mixture. We recommend the use of peak heights and conditioning profiles, as this allows better sensitivity and specificity even when the persons share many alleles.     

On the Undecidability of Legal and Technological Regulation

Law and Critique - Generally, regulation is thought of as a constant that carries with it both a formative and conservative power, a power that standardises, demarcates and forms an order, through...     

It Comes with the Territory: Why States Negotiate with Ethno-Political Organizations

Given that minority ethno-political organizations are generally weaker than states yet seek to change their policies or remove the ruling regime from power, why would negotiation occur? States prefer to ignore or repress such organizations, which typically have little to offer in return amidst negotiations that can legitimize them while delegitimizing the state. When a challenging organization establishes governing structures and controls movement in part of a state's territory, however, it can easily inflict significant economic and political costs on the state while also possessing a valuable asset to exchange for concessions. An organization with territorial control cannot be ignored, while the state will have a strong incentive to negotiate before the state loses more face, the group gains more legitimacy, neighboring states are more likely to invade, and the international community is more likely to formally recognize any facts on the ground as a new status quo. Our analysis of 118 organizations in the Middle East and North Africa from 1980–2004 reveals that territorial control is the most important determinant of intrastate negotiation. In regards to existing scholarship, this suggests that a certain type of successful violence works—not all violence and not only nonviolence—while certain types of strong organizations—those that control territory—are more likely to reach negotiations with the state than weak ones.     

War-Power Reform in Australia: (Re)considering the Options

The decision to go to war in Australia remains the prerogative of the Executive. The lack of parliamentary authorisation of perhaps the most significant decision a democracy can make has seen sustained, but unsuccessful, efforts to reform legislation. In the wake of the costly invasion and occupation of Iraq in 2003, repeated calls for legislative reform of Australia's war powers have failed to find traction amongst Coalition and Australian Labor Party (ALP) leadership. Lamenting the lack of transparency and accountability in the current system, those favouring legislative reform would see authorisation of combat missions placed in the hands of Parliament. However, given the lack of support from either of the major parties, any legislative reform remains unlikely. Given this impasse, this article argues that a compromise option, in the form of a new war-powers convention, may be a small step towards democratising the decision of going to war. While not legally binding, this constitutional convention would represent an agreement by the major parties that overseas combat operations will be properly debated in Parliament.     

Covid-19 Pandemic,Social Mitigation and Taxation: The Open Veins of Inequality in Latin America

The pandemic of Covid-19 has exposed the veins of inequality in Latin America. With a socioeconomic disaster looming, social emergency policies seemed inevitable. Yet while governments argue over the continuity of such policies and whether the fiscal rules in place should be respected, no sustainable response has come out. This essay problematises whether the pandemic could represent a critical juncture to forge ahead with political narratives that highlight tax exemptions and privileges enjoyed by the rich. We analyse the mitigation measures adopted by Argentina, Brazil, Chile and Uruguay and their repercussions on the debate surrounding progressive tax reforms to fund social schemes.     

The End of Wilderness: Conflict and Defeat of Wilderness in the Grand Canyon

In the early 1970s, Grand Canyon National Park intended to designate its land to “Wilderness,” including the controversial Colorado River corridor. However, by the end of the 1970s the potential for Wilderness designation was off the table, and would never seriously return for genuine consideration. Using Schattschneider's model of conflict, we explain how the organization of this conflict privileges the “causal story” of Wilderness opponents, and therefore why the canyon is not designated. It is our contention that members of Congress will not stand forward to support Wilderness designations without simultaneously providing benefits for extractive land use because (1) congressional representatives are more penalized for supporting than opposing Wilderness designations, (2) Wilderness advocacy groups do not pressure congressional delegates as firmly as opposition groups, and (3) key local congressional members are not likely to see Wilderness as a salient issue worth the risk of negative exposure. If these findings hold, the implication is that we may have reached the end of significant Wilderness designations in highly visible areas, unless critical aspects in land use conflict change.     

ICC Pre-Trial Chamber Allows Victims to Participate in the Investigation Phase of Proceedings

The decision rendered by the International Criminal Court (ICC)Pre-Trial Chamber I on 17 January 2006 allows victims to beinvolved in ICC proceedings at an early stage of the investigation.The Prosecutor, who has filed an appeal against this decision,has consistently argued that the right of victims to participatein the proceedings does not cover the investigation phase. Itis argued that the impact of this decision goes far beyond theissue of victims’ participation in the investigations;it has general implications for the balance of power betweenthe judiciary and the prosecution in proceedings before theICC.