Taking advantage of new technologies: For and against crime

Advancement in the field of Information Communication Technologies (ICTs) changes not only our society but also crime. It opens more opportunities for crime and draws people into committing crime, leading to an unprecedented growth in the crime rate. On the other hand, it has also been applied to criminal justice. Crime fighters use the ICTs to control crime and gain efficiency in their policing efforts to service the community. This has led to more effective police work. As both criminals and police benefit from ICTs, these new technologies create new pitfalls for both criminals and law enforcement. Use of technologies by criminals represents challenges and risks to the crime fighter and vice versa. This triggers a crime race and raises notable social concerns on the adverse use and potential abuse of ICTs. Proactive territorial-based regulations, although called for, do not always provide solutions. The borderless nature of ICTs may not allow for rigid regulations and instead challenges the principle of criminal laws. As such, international laws and regulations combined with reliance on technologies are crucial to counter the crime race.     

Supreme Court to Hear Landmark Case on Climate Change Emissions: Judgment Day Comes in Global Warming Litigation

The Supreme Court has historically been reluctant to involve itself in environmental matters, especially those relating to the regulation of releases or emissions of harmful substances. The court has typically been content to allow the legislative branch to fashion appropriate regulations to address environmental issues and for the executive branch to enforce those regulations. The acceptance of certiorari in the Second Circuit's Connecticut v. AEP case was a surprise because it not only involves environmental regulation, but also the common law applicable to public nuisance actions seeking redress for climate change damage allegedly caused by emissions of greenhouse gases (GHGs). The AEP case is shaping up to be a blockbuster in the climate change debate in the United States, and the decision could have broad repercussions in not only future litigation involving climate change, but also GHG legislation and the insurance available to address damage due to weather-related events.     

Cannabis Regulatory Confusion and Its Impact on Consumer Adoption

The regulation of cannabis in the United States is inconsistent and contradictory, to put it mildly. While marijuana remains classified as a Schedule I substance under the federal Controlled Substance Act—in the same category as heroin and morphine, with accompanying criminal penalties up to and including life imprisonment for its production, distribution, and possession—as of the end of 2020, eleven states and the District of Columbia had legalized recreational marijuana use and thirty-six states and the District of Columbia had decriminalized the use of marijuana for medical purposes. Despite the trend toward legalization, however, marijuana is a stigmatized product. Stigmatized products are those toward which a significant portion of consumers hold negative attitudes and beliefs, whereas the concept of legitimacy is defined as a generalized perception or assumption that the actions of an entity are desirable, proper, or appropriate within some socially constructed system of norms, values, beliefs, and definitions. This article addresses how current legislation and regulations influence consumer perceptions of a product category, and how conflicting regulations (or the lack of regulations) influence the adoption of a stigmatized product such as cannabis (i.e., marijuana and cannabidiol products)     

Demythelogizing Personal Loyalty to Superiors

This article examines the practice of personal loyalty to superiors, in general, and in criminal justice agencies, in particular. While practitioners are taught that their primarily loyalty is to the United States Constitution, State laws, departmental rules and regulations, they are organizationally taught that personal loyalty to superiors is paramount if they wanted their career to continue and prosper. As a result many practitioners are rightfully confused (even exhibiting paranoia) over who or what to be primarily loyal to, and at what price or risk. This unwarranted fear has been behind numerous acts of malfeasance and misfeasance; it can lower the workers’ morale, confuses the practitioners, and destabilizes the agency’s equilibrium. This article examines three types of workplace loyalties, and suggests, as an attempt toward reform, the use of a more sensible duty-based paradigm. Such a paradigm can be based on four practical propositions: (1) seriously examining why personal loyalty to superiors is deemed essential, if at all, especially since it is never mentioned in the agency’s rules and regulations; (2) taking the fear out of the language of “loyalty-disloyalty” by perhaps replacing the term with more benign and rather measurable terms such as “performance and collaboration;” (3) strengthening dutiful supervision; and (4) maximizing professional accountability.     

An Update on the Hazards and Risks of Forensic Anthropology,Part II: Field and Laboratory Considerations

This paper focuses on potential hazards and risks to forensic anthropologists while working in the field and laboratory in North America. Much has changed since Galloway and Snodgrass published their seminal article addressing these issues. The increased number of forensic practitioners combined with new information about potential hazards calls for an updated review of these pathogens and chemicals. Discussion of pathogen hazards (Brucella, Borrelia burgdorferi, Yersinia pestis, Clostridium tetani and West Nile virus) includes important history, exposure routes, environmental survivability, early symptoms, treatments with corresponding morbidity and mortality rates, and decontamination measures. Additionally, data pertaining to the use of formaldehyde in the laboratory environment have resulted in updated safety regulations, and these are highlighted. These data should inform field and laboratory protocols. The hazards of working directly with human remains are discussed in a companion article, “An Update on the Hazards and Risks of Forensic Anthropology, Part I: Human Remains.”     

Beyond Punishment: The Penal State's Interventionist,Covert, and Negligent Modalities of Control

This article investigates the involvement of the penal state in the lives of criminalized people as a controlling force that takes multiple forms. We offer the concept of modalities of penal control and identify three such modalities in addition to expressive punishment: interventionist penal control is accomplished in extralegal ways; covert penal control is hidden from public view; and negligent penal control is characterized by the absence of action by state actors. This article illustrates empirical cases of each modality, using data from three distinct projects based in Chicago, southern Wisconsin, and nationwide. The data include observations of post‐prison groups and homes, interviews with criminalized people and nongovernmental organizational (NGO) staff, statutes, and regulations. This expanded understanding of penal state involvement extends beyond the understanding that characterizes discussions of mass incarceration and highlights the need for comprehensive reform.     

Occupational workplace and traffic fatalities in Alsace, France (2000–2005): Results of toxicological investigations

France ranks as leader country in Europe for the consumption of cannabis as well as of psychoactive medications. Whereas the relationship between psychotropics and road accidents is now well-established, few data are still available on the influence of drugs on occupational accidents. The purpose of the present study was to measure the prevalence of psychoactive drug intake (alcohol excepted) among victims of occupational fatalities (including workplace accidents + traffic accidents, i.e. on the way to and from work) occurred in the region Alsace over the period 2000–2005. Data were collected by compiling files on occupational accidents from two different public agencies (CRAM, Regional Sickness Fund Alsace-Moselle; DRTEFP, Regional Department of Work, Employment and Professional Training) together with those from the Medico-Legal Institute of Strasbourg over the period tested. Data analysis showed that 3% of the victims of workplace fatalities were under the influence of drugs (alcohol excluded) at the time of accident, as well as 5% of the victims of occupational traffic accidents. Our results also highlight a low rate of toxicological analyses, since these investigations were requested by the authorities in 41% of traffic victims and only 15% of workplace victims. In France, the relevance of psychoactive drug intake in occupational deaths is much better targeted in the case of traffic fatalities (due to the existence of specific regulations, e.g. compulsory urinalysis for drugs of abuse in drivers involved in a road accident) than in those occurred at workplace (no specific regulations).     

The Impact of Regulations on Firms: A Case Study of the Biotech Industry*

Drawing on semi‐structured interviews carried out with founders, managers, and senior scientists in start‐up biotech firms, this paper illustrates that the socio‐legal literature's characterization of small firms as less compliance oriented is too neat. Small firms do not necessarily have a limited knowledge and comprehension of the law. Nor do they necessarily have low levels of motivation to improve and maintain health and safety standards. In fact, the opposite may be true. Small firms may approach the regulatory ideal where the routines, procedures, and precautionary measures prescribed by regulations permeate the organizations.     

Beyond “Sic Utere …” to the Regional General Welfare

Since the lower court opinions in Oakwood at Madison and Mt. Laurel, a definitive decision has been awaited from the New Jersey Supreme Court dealing with the issues of exclusion in housing and land use regulations. It was also expected that Justice Hall, author of the well-known Vickers' dissent, would have the chance to lead the majority in its decision, Though Madison reached the court first, it was fraught with delays and unusual circumstances, placing it in line behind Mt. Laurel. Thus, Mt. Laurel emerged as the vehicle for this court's important restatement of the law of municipal land use control. Announced March 24, 1975, the New Jersey Supreme Court's decision in Mt. Laurel was indeed written by Justice Hall—a valedictory of sorts just before his retirement from the bench in April.     

物权法中的若干行政法问题

Many elements of administrative law are related to real right law. The regulations on public interests concern the base of interference of public powers. The content of administrative private law is associated with the phenomenon of “Flucht in das Privatrecht”. The control of the property by the based self-ruling community is connected with indirect state administration. The rights of the property by citizens are subjective public rights. Special sacrifice and die junktimklausel are preconditions of compensation for expropriation. The register of real estate shows the interference of public right. The real right law makes rules for administrative public domain is a special example. Liang Fengyun is a juris doctor, who is a judge of the Supreme Court of China. Her individual monographs include Selected Application of Administrative Litigation Judgment and Studies on Public Domain and her co-authored works are Principles of Normal Administrative Law, Seek for Good Circulation of Administrative Litigation System, Better the Administrative Litigation System of China. Moreover, her over 40 essays also appeared in Chinese academic journals.     

When and Why do Plants Comply? Paper Mills in the 1980s*

This paper uses census data for 116 pulp and paper mills over the period 1979–1990 to examine the determinants of compliance with air pollution regulations. Several plant characteristics are significant: large plants, old plants, and pulp mills comply less frequently, as do plants with water pollution or OSHA violations, but firm characteristics generally are not significant. Enforcement activity increases compliance, but in a heterogeneous way: pulp mills are less sensitive to inspections, while plants owned by larger firms are less sensitive to inspections and more sensitive to “other” enforcement actions, consistent with the authors’ expectations and prior research results.     

Welfare enhancing regulation exemptions

Sanctions for regulation violations are used to deter conduct which could potentially result in great social harms. This practice over-deters low-risk entities and under-deters high-risk entities, which leads to social losses. This paper analyzes whether and how such social losses can be mitigated. I show that this can be achieved by allowing regulatees to purchase passes exempting them from regulations at appropriate prices, although they remain liable for any harm they cause.     

EU Enlargement and the Emboldening of Institutional Integrity in Central and Eastern Europe: The ‘Tough Test’ of Public Procurement

EU enlargement and the incorporation of the acquis communautaire are widely seen as successful and emboldening the integrity of political, administrative and legal institutions in Central and Eastern Europe (CEE). The analysis reported here describes the specific problems associated with affirming institutional integrity in the field of public procurement, which constitutes a ‘tough test’. Public procurement is namely an area where the acquis swiftly gained pre‐eminence in accession states, but whose complex regulations depend on a well‐functioning judiciary, effective administrative supervision and limited corruption. The experience in Poland and Bulgaria, countries that represent different stages of institution building in this area, is compared. The results suggest that an EU‐compatible public procurement regime is being consolidated throughout the CEE region. At the same time, that regime may only work well when boundaries between institutional subjects, as well as between the spheres of law, politics and economics, are upheld in post‐communist countries.     

The art of law (and the law of art) is perpetual crisis

In this performance-based work, which essentially concerns the fable of ‘Khi + Ordo’, we obliquely—through visual-textual storytelling—focus on what we call ‘the agency of the artist-scholar’, deconstructing, inter alia, many of the rules and regulations associated with the art-academic industrial complex—i.e., the institutional dictates to produce commodifiable works, the enforced metrics associated with authorised forms of research and publication, and the often-inelegant and mostly unnecessary dance that the artist-scholar performs with ‘all of that’. The photo-essay is developed from the archive of the Out of India Collective (OOI), but in association with the Metropolitan Transmedia Authority (MTA), its successor collective. It draws upon documents associated with OOI experiments in transmedia undertaken across multiple submissions for residencies, exhibitions, and publications in both academia and the art world in the years 2017–2019, even as it focuses upon the fable of ‘Khi + Ordo’. ‘Ordo’ is a synonym (or metaphor) for totalitarian states and regimes—‘regimes’ being, in this case, those that rule art + law. ‘Law’ here infers, through its negation, the appearance of a higher law, one that is entered upon when one resists assimilation to the rules and regulations associated with police states—incipient or otherwise. We call that other law ‘works-based agency’, and the artist-scholar is beholden to it once s/he departs company with all such quotidian systems of abject hegemony. One crisis leads to another, so to speak, on multiple levels and all at once.

     

The decision of the Italian Constitutional Court on numerus clausus: A matter for Community law

This article discusses the recent decision of the Italian Constitutional Court on the numerus clausus issue, containing the first relevant pronouncement by the highest jurisdiction on the constitutional legality of the measures adopted so far by the Ministry. The Constitutional Court considers these measures in conformity with the Constitution to the extent that they implement Community law, and especially certain directives on the recognition of qualifications. Thus, Community law is deemed to provide the proper legal framework to adopt certain regulations, amongst which restrictions to access. This article argues that, in the context of litigation on access to university, Community law has been used improperly and that, in any event, a convenient solution to the issue could have been found in national law. This revised version was published online in July 2006 with corrections to the Cover Date.     

Taking Abortion Rights Seriously: Whole Woman's Health v Hellerstedt

In Whole Woman's Health v Hellerstedt the Supreme Court of the United States passed down its most important decision on abortion for just under a decade. By a majority of 5‐3, the Court ruled that two provisions in a Texas law regulating abortion on grounds of women's health were constitutionally invalid, placing a ‘substantial obstacle’ in the way of women seeking to exercise their right to abortion. This comment delineates the key ways in which the Court's application of the standard of constitutional review under Planned Parenthood v Casey (1992) to the Texas provisions marks a landmark development for the protection of the constitutional right to abortion established in Roe v Wade, not the least by making clear that state abortion regulations which cite ‘women's health’ justifications should not pass constitutional review where those justifications lack a credible factual basis.     

The Blameworthiness of Health and Safety Rule Violations*

Man‐made disasters usually lead to the tightening of safety regulations, because rule breaking is seen as a major cause of them. This reaction is based on the assumptions that the safety rules are good and that the rule‐breakers are wrong. The reasons the personnel of a coke factory gave for breaking rules raise doubt about the tenability of these assumptions. It is unlikely that this result would have been achieved on the basis of a disaster evaluation, or high‐reliability theory. In both approaches, knowledge of the consequences of human conduct hinders an unprejudiced judgement about where the blame for rule breaking lies.     

Missing links in nanomaterials governance: bringing industrial dynamics and downstream policies into view

In this article we explore some of the analytical and policy implications of widening the focus of nanomaterials governance from risk regulation to the broader issue of the purposeful direction of the innovation process. We focus on the impact of industrial activities on nanotechnology governance, arguing that the specific characteristics of the industrial dynamics of nanomaterials—flexibility in applications and distributed innovation—limit and enable different potential interventions to shape technology. In particular, these characteristics exacerbate the difficulties of attempting to directly influence innovation trajectories. Under these conditions, we argue that policies for nanomaterials governance need to be broadened. The prevailing emphasis in the UK on policy initiatives ‘upstream’ in the R&D process, while commendable, should be complemented with policies aimed further ‘downstream’ at potential users of nanomaterials, such as renewable energy procurement or housing regulations in order to modulate technological development towards socially desirable goals.     

Medicare program; fee schedule for physicians' services--HCFA. Correction of final rule

In the November 25, 1991 final rule (56 FR 59624) on the Medicare fee schedule for physician services, we inadvertently set forth regulations on the fee schedule at 42 CFR, part 415. However, our plan for the recodification of HCFA regulations calls for general regulations on payment for Part B medical and other health services to be codified in part 414, with part 415 reserved for regulations on payment to teaching physicians, teaching hospitals, and provider-based physicians. Therefore, in this correction notice, we are redesignating in their entirety the physician fee schedule regulations contained in part 415, subpart A to part 414, subpart A, and reserving part 415 for future use. Also, this document corrects technical errors that appeared in the final rule published in the Federal Register on November 25, 1991 (56 FR 59502) entitled "Medicare Program; Fee Schedule for Physicians' Services".