A hopeless case?

In a hollow covered with earth, a herb gatherer discovered a severely decomposed corpse mutilated by scavenging animals. Only small areas of the skin had remained intact. A conspicuous tattoo could still be distinguished on the left upper arm. Despite concrete evidence of violence (fracture in the occipital bone, subdural hemorrhage with a volume of 20 ml), the exact cause of death could no longer be established. Police enquiries identified a person in whom such a conspicuous tattoo had been photographed in an earlier criminal case. Eventually, the deceased person could be identified by DNA analysis of a stored blood alcohol specimen. Considered together, the autopsy findings and the results of the investigation of traces of blood on the putative tool used in the crime indicated that the man had been struck dead and the body had afterwards been buried in the wood. Although the prospects of success had been initially slight, it was not only possible to identify the victim, but also to reconstruct the crime.     

A是否构成贪污罪?

江苏省铜山县茅村梅庄小学陈勇问：合污罪的立村里围宁丁伟人吊和卖林管拥蜂老围）的人员。A为机关工作人员,九六年退休,九七千二月份本包fA原在机关兴办的某企业。今查,至九八年五月A承包该企业期间采用多种手段非法攫取了该企业50多万元。问：（）是台为贪污罪主体？（2）A的行为是否已构成贪污罪？答：A是贪污犯罪的主体;A的行为已构成贪污罪。贪污罪,是指国家工作利用职务上的便利,侵吞、窃取、骗取或者以其他手段非法占有公共财物的行为。此罪的犯罪主体是特殊主体,必须是国家工作人员,包括以下五类：（）国家工作人员,即…     

A Cosmopolitan Philosophy of International Law? A Realist Approach

Analyzing different works and in particular Habermas' reflection on Kant, the author reconstructs, first, his approach to international law and his political and legal cosmopolitanism. Second, he presents some critical observations on Habermas' cosmopolitanism in the context of his more general discursive theory of law and state. In this perspective, he discusses the problems of peace and of the role of the United Nations, the strategy of protection of human rights, and the question of world citizenship. He argues that Habermas' cosmopolitanism is a radicalization of Kantian tradition based on a centralization of international power and a cosmopolitan law. Finally, he develops realist arguments in favour of a non-globalistic conception of international law. 1 Abstract by Giorgio Bongiovanni.
     

A free market bailout alternative?

It has been more than 3 years since the collapse of the investment bank Lehman Brothers and the beginning of the Troubled Asset Relief Program. Most recently, the sovereign debt crisis in Europe has led to the bailout of the governments of Ireland, Portugal and Greece. A main reason behind these bailouts is to support European banks loaded with government bonds on their balance sheet. In this article we analyze the detrimental consequences of the public bailout in 2008 and argue that a free market alternative existed. The alternative of a private bailout outlined in this article, consisting of the conversion of liabilities into equity and a private capital increase, largely avoids the problems of a public bailout. Similarly, a public bailout of governments of the Eurozone to sustain banks may be detrimental.     

A Neoconservative Consensus in Russia?

This article analyzes the ideational consensus that has taken shape in contemporary Russian politics, including its key components, and factors both of stability and of potential erosion. Noting the extraordinary durability of this consensus, which is supported by factors including the duration of the regime itself, its support among elites and the bureaucracy, effective mobilizational propaganda and conservative orientations among the middle classes and dominant public opinion, the author draws attention to several factors – as yet less evident – that may in the future change the situation. Among these are the volatility of public opinion, potential intra-elite dynamics, and the internal contradictions of the neo-conservative idea itself.     

Garment, or Upper-Garment? A Matter of Interpretation?

In an adversarial common law courtroom, where one party tries to defeat the other by using words as weapons, polysemous words more often than not pose a problem to the court interpreter. Unlike in dyadic communication, where ambiguity can be easily clarified with the speaker by the hearer, court interpreters’ freedom to clarify with speakers is to a large extent restricted by their code of ethics. Interpreters therefore can only rely on the context for disambiguating polysemous words. This study illustrates the problem of polysemy in an interpreter-mediated rape trial. It exemplifies how the interpreter’s goal to avoid contradictions by making her interpretation of a polysemous word consistent with the preceding context runs counter to that of the bilingual cross-examiner, whose primary goal is to identify inconsistencies in the hostile witness’s testimony in order to discredit him. This study also manifests a denial of the interpreter’s latitude in the interpretation of contextual clues and her loss of power in a courtroom with the presence of other bilinguals.     

The Conservative Project to ‘Break the Link between British Courts and Strasbourg’: Rhetoric or Reality?

The Conservative party has repeatedly pledged to replace the HRA with a British Bill of Rights, with the aim of ‘breaking the link’ between domestic courts and Strasbourg. This article examines the implications of this proposal, the nature of the current relationship with the European Court, and the extent to which the link has already been weakened. It considers the bases of the Conservative proposal, and the options available in breaking that link in a Bill of Rights, taking account of the potential introduction of limitation clauses and the possibility of according Strasbourg judgments against the UK an advisory status only. Finally, taking account of the European Court's recent movement towards ‘enhanced’ subsidiarity, it will examine the consequences for the protection of human rights of reliance on a Bill of Rights intended to be interpreted and applied independently of Strasbourg influence.     

Is Gun Violence Contagious? A Spatiotemporal Test

Objectives

Existing theories of gun violence predict stable spatial concentrations and contagious diffusion of gun violence into surrounding areas. Recent empirical studies have reported confirmatory evidence of such spatiotemporal diffusion of gun violence. However, existing space/time interaction tests cannot readily distinguish spatiotemporal clustering from spatiotemporal diffusion. This leaves as an open question whether gun violence actually is contagious or merely clusters in space and time. Compounding this problem, gun violence is subject to considerable measurement error with many nonfatal shootings going unreported to police.

Methods

Using point process data from an acoustical gunshot locator system and a combination of Bayesian spatiotemporal point process modeling and classical space/time interaction tests, this paper distinguishes between clustered but non-diffusing gun violence and clustered gun violence resulting from diffusion.

Results

This paper demonstrates that contemporary urban gun violence in a metropolitan city does diffuse in space and time, but only slightly.

Conclusions

These results suggest that a disease model for the spread of gun violence in space and time may not be a good fit for most of the geographically stable and temporally stochastic process observed. And that existing space/time tests may not be adequate tests for spatiotemporal gun violence diffusion models.

     

A New Ethical World of British MPs?

Following a series of financial scandals in the early 1990s, the House of Commons implemented new ethics rules and regulatory procedures, including a Code of Conduct, a ban on paid advocacy, a Parliamentary Commissioner for Standards and a Select Committee on Standards and Privileges. In the absence of hard data about parliamentary integrity and the prevalence or otherwise of unethical parliamentary conduct, this paper explores the possible effects of the new rules and procedures on MPs' attitudes by comparing data from the 2005 British Representation Study with research conducted in the late 1980s. The evidence suggests that there has been some attitudinal change at the aggregate level, although it remains unclear how much of this change can be attributed directly to the Nolan reforms.