Rules,Institutions, Transformations. Considerations on the “Evolution of Law” Paradigm

The article's main objective is to test the merits of the evolutionary paradigm as it has been applied first to social phenomena and then more specifically to the legal domain. In a preliminary move, a set of the available concepts of law is worked out. A discussion of the idea of evolution and of its use in the social sciences follows. Functionalism and systems theory are scrutinized, with a close eye to the new doctrine of “autopoiesis.” Once an institutional and normative concept of law is agreed upon, attempts to introduce an “evolutionary” paradigm are deemed—the article contends—to be unfruitful. The article concludes that, if law needs a metaphysics, it should be one which allows for change, transformation and the emergence of the radically new. A social universe without gaps, all possible forms of which are determined from the beginning, will end up as the opposite of what we are used to considering as the practice of law.     

Drunk drivers—Chances for and difficulties in giving medico-legal opinions on drivers’ alcohol intoxication levels, on the basis of the material analyzed in the Forensic Medicine Department, Medical University of Silesia, Katowice in the years 2003–2007

The authors have conducted a statistical analysis of 340 court files investigated in the Forensic Medicine Department Medical University of Silesia, Katowice in the years 2003–2007 with regard to chances for as well as difficulties in giving medico-legal opinions on drivers’ alcohol intoxication levels, which would be valid for court purposes.     

Session of the Roundtable "Spirituality,Morality, Law"

Minister of internal affairs Army General Rashid Nurgaliyev declares that effective monitoring of the moral and psychological state of the police and enhancement of their professional responsibility must guarantee fewer police crimes.     

Anthropological facial ‘reconstruction’ – recognizing the fallacies, ‘unembracing’ the errors, and realizing method limits

Despite being practiced for over the last 200 years, facial approximation methods remain in their infancy as the soft tissue prediction methods employed have not been tested and justified. Scientific testing is the only way forward and much of it is needed. The lack of systematic scientific tests in the past has enabled many misleading notions to become established. Many of these notions appear to have arisen and been sustained as a result of practitioner biases--this is clearly evident even in the name commonly used to describe the method of building faces from skulls, for "facial reconstruction" implies everything the method is not, e.g., technical/scientific, exact, and credible. Although facial approximation methods are useful for forensic investigation (even if they do not generate identifications through true positive recognitions of the faces), the public should beware of the marketing and political ploys employed within the profession. These ploys give rise to some impressive, but unjustifiable claims--but do not just take my word for it; evaluate the evidence for yourself with disregard to the indoctrination waged by the facial "reconstruction" field in general, including that promoted by what I have had to say here. Use your own reason and intellect and see which conclusions you reach.     

Reflections on a Funhouse Mirror—Racist Violence,the Protection of Privilege,and the Limits of Tolerance

Jeannine Bell's Hate Thy Neighbor: Move In Violence and the Persistence of Racial Segregation in American Housing provides an account of racist violence as a tool for maintaining housing segregation that challenges perceptions of rising tolerance and demonstrates the importance of understanding racism as a structural feature of social organization. Bell shows how some perpetrators of move in violence deploy claims about “property values” as a defense against charges of racism. The use of such claims starkly illustrates how colorblind racism allows assertions of racial privilege to resonate as neutral articulations of rational self‐interest. The desire to defend racial privileges persists as a significant practical barrier to racial equality even when tolerance increases.     

Comparison of the Columnar‐Thin‐Film and Vacuum‐Metal‐Deposition Techniques to Develop Sebaceous Fingermarks on Nonporous Substrates,

Both the columnar‐thin‐film (CTF) and the vacuum‐metal‐deposition (VMD) techniques for visualizing sebaceous fingermarks require the deposition of a material thereon in a vacuum chamber. Despite that similarity, there are many differences between the two techniques. The film deposited with the CTF technique has a columnar morphology, but the film deposited with the VMD technique comprises discrete islands. A split‐print methodology on a variety of fingermarked substrates was used to determine that the CTF technique is superior for developing fingermarks on clear sandwich bags and partial bloody fingermarks on stainless steel. Both techniques are similar in their ability to develop fingermarks on glass but the CTF technique yields higher contrast. The VMD technique is superior for developing fingermarks on white grocery bags and the smooth side of Gloss Finish Scotch Multitask^? tape. Neither technique worked well for fingermarks on black garbage bags.     

A Comparative Assessment of the Chen et al. and Suchey‐Brooks Pubic Aging Methods on a North American Sample, ,

Accurately estimating the age‐at‐death of adult human skeletons is fundamental in forensic anthropology. This study evaluates the accuracy of two pubic bone age estimation methods—Chen et al. and Suchey‐Brooks. Specimens were obtained from a known collection of modern pubic bones curated at the Maricopa County Forensic Science Center in Phoenix, Arizona. A sample of 296 left male pubic bones of European ancestry was statistically evaluated via bias, absolute mean error, and intra‐ and inter‐observer error. Results indicate that the two methods are similar; the Suchey‐Brooks method is the most accurate for aging young adults (error c. 7 years), while the Revised Chen et al. method is most accurate for aging middle‐age adults (error c. 6 years). Thus, the Chen et al. method is an important contribution to forensic anthropology for aging older adult skeletal remains. There are, however, some limitations such as subjectivity and the intricate scoring system of Chen et al. method.     

“It Depends on the Outcome”: Prisoners,Grievances, and Perceptions of Justice

Social scientists have long investigated the social, cultural, and psychological forces that shape perceptions of fairness. A vast literature on procedural justice advances a central finding: the process by which a dispute is played out is central to people's perceptions of fairness and their satisfaction with dispute outcomes. There is, however, one glaring gap in the literature. In this era of mass incarceration, studies of how the incarcerated weigh procedural justice versus substantive justice are rare. This article addresses this gap by drawing on unique quantitative and qualitative data, including face‐to‐face interviews with a random sample of men incarcerated in three California prisons and official data provided by the California Department of Corrections and Rehabilitation (CDCR). Our mixed‐methods analysis reveals that these prisoners privilege the actual outcomes of disputes as their barometer of justice. We argue that the dominance of substantive outcomes in these men's perceptions of fairness and in their dispute satisfaction is grounded in, among other things, the high stakes of the prison context, an argument that is confirmed by our data. These findings do not refute the importance of procedural justice, but show the power of institutional context to structure perceptions of and responses to fairness, one of the most fundamental principles of social life.     

Assessing the relationship between R&D subsidy,R&D cooperation and absorptive capacity: an investigation on the manufacturing Spanish case

Private companies want to eliminate outgoing spillovers while policymakers seek to maximize them. With subsidized R&D cooperation agreements both agents partially achieve their objectives. For this reason, in Europe, policymakers grant subsidies for R&D activities with the condition of establishing R&D cooperation agreements. This study explores the relationship of complementarity between R&D subsidy, R&D cooperation and absorptive capacity in the context of its contribution to labor productivity of enterprises. The data used comes from the Technological Innovation Panel (PITEC), managed by the Spanish National Statistics Institute. We selected manufacturing companies in the period 2008–2013. We evaluate the existence of complementarity through the systems approach and the interaction approach. The econometric technique that we used to estimate the coefficients of our empirical model was maximum-likelihood random effects. As a consequence of the low absorptive capacity of Spanish manufacturing firms we find that R&D subsidies and R&D cooperation agreements are not complementary variables, i.e., receiving public subsidies as a result of establishing R&D cooperation agreements has a lower impact on productivity than the sum of the individual impacts of R&D cooperation and R&D subsidies. In consequence, this result calls into question the convenience of using subsidized R&D cooperation agreements as a tool for promoting innovation in EU countries as there are notable differences between the companies in these countries in terms of absorption capacity.     

Illumination,Imagination, Creativity: Rājaśekhara,Kuntaka, and Jagannātha on <Emphasis Type="Italic">Pratibhā</Emphasis>

Sanskrit poeticians make the visionary faculty of pratibhā a necessary part of the professional poet’s make-up. The term has a pre-history in Bhartṛhari’s linguistic metaphysics, where it is used to explain the unitary perception of meaning. This essay examines the relation between pratibhā and possible theories of the imagination, with a focus on three unusual theoreticians—Rājaśekhara, Kuntaka, and Jagannātha Paṇḍita. Rājaśekhara offers an analysis of pratibhā that is heavily interactive, requiring the discerning presence of the bhāvaka listener or critic; he also positions pratibhā in relation to Bildung (vyutpatti) and practice. For Kuntaka, pratibhā, never an ex nihilo creation by a poet, serves as the basis for the peculiar forms of intensified insight and experience that constitute poetry; these may also involve the creative scrambling and re-articulation of the object in terms of its systemic composition. At times, Kuntaka’s pratibhā comes close to a strong notion of imaginative process. But the full-fledged thematization of the imagination, and of pratibhā as its support and mechanism, is best seen in the seventeenth-century debates preserved for us by Jagannātha. A link is suggested between the discourse of poetic imagination in Jagannātha and similar themes that turn up in Indo-Persian poets such as Bedil.     

Reflections on <Emphasis Type="Italic">Prince</Emphasis>, Public Welfare Offenses, <Emphasis Type="Italic">American Cyanamid</Emphasis>, and the Wisdom of the Common Law

The fundamental requirement of Anglo-American criminal law is that crime must consist of the concurrence of a guilty mind—a mens rea—with a guilty act—an actus reus. And yet, the criminal law is shot through with discordant lumps of strict liability—crimes for which no mens rea is required. Ignoring the conventional normative objections to this aberration, I distinguish two different types of strict criminal liability: the type that arose at common law and the type associated with the public welfare offenses that are the product of twentieth and twenty-first century legislation. Using famous cases as exemplars, I analyze the two types of strict liability, and then examine the purposes served and incentives created by subjecting individuals to strict liability. I conclude that common law strict liability is rational in that it advances the purposes of the criminal law, while the public welfare offenses are at best pointless and at worst counterproductive. I suggest that in this respect the common law contains more wisdom than the results of the legislative process.     

Agenda Control,Majority Party Power,and the House Committee on Rules, 1937–52

The role of the U.S. House Rules Committee is consequential for theories of congressional parties, yet its role during the “conservative coalition” era is not well understood. We systematically analyzed the politics surrounding all special rules considered in Democratic Congresses from 1937 to 1952. We found that Rules repeatedly used its agenda power to push to the floor conservative initiatives that were opposed by the Democratic administration, the Rules Committee chair, and most northern Democrats, especially in Congresses that followed Republican election gains. The 44 conservative initiatives we identified include many of the most important policy issues considered during the period. Our findings challenge the idea that the majority party has consistently enjoyed a veto over which initiatives reach the floor, and they underscore the limits of roll‐call‐vote analysis in assessments of agenda control.     

An Analysis on the Choice of Alpha Level in the Osteometric Pair‐matching of the Os Coxa,Scapula, and Clavicle

This study compares the use of 0.05 and 0.10 alpha levels with the updated osteometric pair‐matching model on two samples of the os coxa, scapula, and clavicle. The samples include the Forensic Data Bank, and the osteometric sorting reference used within the Defense POW/MIA Accounting Agency. Mixed‐effects two‐way analyses of variance were used to analyze bilateral asymmetry in the standard measurements. In total, 3,793,566 t‐tests were conducted for osteometric pair‐matching analysis. The results indicate high levels of exclusion power, and accuracy can be obtained with the os coxa and scapula. The clavicle standard measurements capture too much asymmetry causing a lower exclusion to accuracy ratio for osteometric pair‐matching relative to other elements. Both 0.05 and 0.10 alpha levels provide acceptable levels of performance. A lower alpha level will result in higher accuracy with less exclusion, and a higher alpha level will result in lower accuracy with more exclusions.     

Experimental Study on the Postmortem Redistribution of the Substituted Phenethylamine, 25B‐NBOMe

2‐(4‐Bromo‐2,5‐dimethoxyphenyl)‐N‐(2‐methoxybenzyl)ethanamine (25B‐NBOMe) is a substituted phenethylamine, which has become highly prevalent worldwide since 2014. Recently, in an autopsy case involving fatal 25B‐NBOMe intoxication, we found the postmortem increase of 25B‐NBOMe concentration in the cardiac blood approximately 2 days after death. The aim of this study was to investigate the distribution of 25B‐NBOMe and reproduce the postmortem redistribution using a rat model. Sprague‐Dawley rats were killed 30 min after intraperitoneal injection of 25B‐NBOMe (0.5 mg/kg) and left for 0, 3, 6, 9, 15, or 24 h (six rats at each time point). Postmortem 25B‐NBOMe concentrations in the cardiac blood increased by more than 10‐fold at 6‐h postmortem. 25B‐NBOMe accumulated primarily in the lung. Moreover, this postmortem redistribution occurred even in rats that had died 1 week following the 25B‐NBOMe administration. These findings indicate that attention should be paid to sample collection and data interpretation in the toxicological analysis of 25B‐NBOMe.     

Immigrants, assimilation, and perceived school disorder: An examination of the “other” ethnicities

Extant research on school disorder has largely ignored modern immigrant groups, or has lumped these groups in an “other” category. This was often done for pragmatic reasons, but it likely masked any unique experiences these groups had with regard to school disorder. The current study examined Latino and Asian immigrant students’ experiences with school disorder using data from the Children of Immigrants Longitudinal Study. Findings indicated that Latino and Asian immigrant students report marked differences in school disorder. Current results revealed, in particular, that Asian immigrants report significantly higher levels of school disorder even though they outperform Latino students academically. Assimilation variables, however, have little to do with such perceptions. Implications from these findings are discussed.     

Our Seat at the Table: Mentorship,Advocacy, &amp; Youth Leadership in Qualitative Research

This commentary discusses strategies and models for engaging diverse community partnerships through the Youth of Color Needs Assessment, a community-based participatory research project that elevates the voices and experiences of homeless and unstably housed youth of color in King County, Washington. Building upon the lens and expertise of a young Community Advocate thrust into research, it explores the strengths of youth of color leadership and best practices for trauma-informed, relational support for youth leaders and focus group participants alike. These insights offer a youth-centered model for the field grounded in engagement, sustainability, and ethics for research within and for communities at the margins.     

Restraint,Reaction, and Penal Fantasies: Notes on the Death Penalty in Israel, 1967–2016

What role does the death penalty play in contexts of protracted political violence? What does it symbolize for its opponents and proponents in such contexts? Can it survive as a potent topic of political life even without actual executions? Since 1967, the death penalty has been a lawful sanction in Israel's military courts, which have jurisdiction over Palestinians in the Occupied Territories. Though it has never been carried out, it has been intensely debated throughout this period and the topic has retained major political, cultural, and judicial significance. I argue that both sides in these debates use the topic mostly symbolically, rather than as an issue of public policy. For opponents, refraining from using the death penalty has become a symbol of restraint , used in self‐legitimation. For proponents, death penalty advocacy serves as what I term a penal fantasy , an outlet for frustration, symbolizing defiance against the image of restraint.     

Federal Oversight, Local Control, and the Specter of "Resegregation" in Southern Schools

Analyzing data for the 100 largest districts in the South andBorder states, we ask whether there is evidence of "resegregation"of school districts and whether levels of segregation can belinked to judicial decisions. We distinguish segregation measuresbased on racial isolation from those based on racial imbalance.Only one measure of racial isolation suggests that districtsin these regions experienced resegregation between 1994 and2004, and changes in this measure appear to be driven largelyby the rising nonwhite percentage in the student populationrather than by district policies. Although we find no time trendin racial imbalance over this period, we find that variationsin racial imbalance across districts are nonetheless associatedwith judicial declarations of unitary status, suggesting thatsegregation in schools might have declined had it not been forthe actions of federal courts.     

CT‐Guided,Minimally Invasive,Postmortem Needle Biopsy Using the B‐Rob II Needle‐Positioning Robot

CT‐guided, minimally invasive needle biopsy techniques can be used to retrieve tissue or body fluid samples for histologic tissue diagnoses in forensic investigations. The purpose of this study was an evaluation of CT‐guided needle‐positioning robot B‐Rob II. To operate under CT guidance, we adopted the B‐Rob II robotic needle placement system and its workflow. The accuracy and speed of the procedure were tested on a gelatin phantom in a series of 21 biopsies. We achieved an average needle placement accuracy of 1.8 mm (±1.1 mm) using robotic assistance. The procedure required an average of 2 min 21 s. The needle placement accuracy for minimally invasive needle biopsies using the B‐Rob II biopsy robot is sufficiently accurate and fast for forensic postmortem examinations of focal organ changes. Further tests will be performed to test the feasibility of the robot for performing biopsies of focal organ changes in human bodies.