REVIEWS

Book reviewed in this article: Discretion to Disobey. By M. R. Kadish and S. H. Kadish. Fundamental Rights: A volume of essays to commemorate the fiftieth anniversary of the founding of the Law School in Exeter 1923–73. Eds. J. W. Bridge, D. Lasok, R. Plenier and D. L. Perrott. Administrative Procedures. By Gabrielle Ganz. The Law Relating to Children. By H. K. Bevan. English Property Law. By Eric Poole. Drafting: Its Application to Conveyancing and Commercial Documents. By Stanley Robinson Decisions in the Penal Process. By A. Keith Bottomley. Actes du VII-ème Congrès Internationale de Droit du Travail et de la Sécurité-Sociale, 3 vols. Société Internationale de Droit du Travail et de la Sécurité Sociale.     

Genetic diversity and admixture data on 11 STRs (F13B, TPOX, CSF1PO, F13A01, D7S820, LPL, TH01, vWA, D13S317, FESFPS, and D16S539) in a sample of Rio de Janeiro European-descendants population, Brazil

Allelic frequencies, forensic parameters and admixture values for eleven STR loci (F13B, TPOX, CSF1PO, F13A01, D7S820, LPL, TH01, vWA, D13S317, FESFPS, and D16S539) were determined in a sample of unrelated individuals, European descendants from Rio de Janeiro area, Brazil.     

Allele frequencies of the 15 AmpF/Str Identifiler loci in the population of Metztitlán (Estado de Hidalgo), México

The 15 AmpF/STR Identifiler loci (D8S1179, D21S11, D7S820, CSF1PO, D3S1358, TH01, D13S317, D16S539, D2S1338, D19S433, vWA, TPOX, D18S51, D5S818 and FGA) were analyzed in the sample of 180 unrelated autochthonous healthy adults born in Meztitlán City from the valley of Metztitlán (Estado de Hidalgo, México). The agreement with Hardy-Weinberg equilibrium was confirmed for all loci. From the forensic point of view, the heterozygosity value, power of discrimination and the a priori chance of exclusion were calculated.     

Estimating intersectoral technology spillovers for Brazil

This paper aims to evaluate the main intersectoral R&D flows in the Brazilian economy, determining their direction and magnitude. Unlike other studies that focus exclusively on rent spillovers flows of R&D, this paper also calculates spillovers with total spending on innovation in addition to R&D expenditure. In the case of developing countries, where R&D is of lower relative importance, we assume that technological effort is measured more accurately if it is considered as different types of innovative expenditure. We used data from the Technological Innovation Survey, conducted by the Brazilian Institute of Geography and Statistics with the support of Ministry of Science and Technology and data from an input–output matrix for the Brazilian economy, calibrated by Laboratório de Analises Territoriais e Setoriais—LATES of the Federal University of Juiz de Fora. The analysis is from the year 2011 and covers 32 sectors of economic activity resulting from the compatibility of the two databases. The main results show a mapping of the intersectoral flow of knowledge embodied both by the total expenditure on innovation and by in-house R&D to Brazil for the year 2011. It is important to highlight the wealth of detail of such a mapping, as it characterizes not only by sectoral interdependence of these aspects, but it also shows the direction of flows, the sectoral hierarchy in terms of “donation” of technical knowledge and the intersectoral flows in terms of technological intensity.     

22号染色体4个STR基因座的遗传多态性及连锁关系

目的 研究22号染色体上4个STR在中国成都汉族群体的分布,开发新的STR应用于法医学应用。方法 103份汉族无血缘关系的个体血样,及10个三代家系采自成都。用PCR技术分别对4个STR基因座进行扩增,所有基因座均采用非变性聚丙烯酰胺凝胶不连续缓冲系统水平电泳进行分型,银染。应用Linkage软件包的CILINK软件对4个基因座进行连锁分析。结果 通过4个STR的群体遗传学分析,D22S686、D22S533、D22S685和D22S445的个人识别率分别为0.875、0.913、0.923和0.84,它们的非父排除率分别为0.522、0.538、0.624和0.490。在家系调查中,发现D22S685存在一例突变。结论 这4个STR具有很好的多态性,可作为法医学个人识别和亲权鉴定新的候选遗传标记。     

荧光标记STRs复合扩增分析混合血样品

探讨应用荧光标记STRs复合扩增技术能够检测出混合血样品中较少个体成份的最低检出量及所占的比例多少与基因型的峰值高低是否存在一定的剂量反应关系。采用荧光标记STRs复合扩增技术 ,分析 4对两无关男 /女的混合血样品。扩增基因座包括D8S1179、D2 1S11、D18S5 1、D3S135 8、vWA、FGA、D5S818、D13S317、D7S82 0及性别Amelogeine。结果表明 ,对经用酚 /氯仿有机溶剂方法提取的混合血样品中较少成份的最低检出量为 ,能够从10ng混合DNA中检出 1ng的较少成份 ;从 10∶90至 5 0∶5 0 5个不同比例组 ,较少成份所占比例多少与其对应基因型峰值的高低呈现一定的正相关趋势。应用荧光标记STRs复合扩增技术可能较好地解决混合血样品的个体识别问题     

The Brazilian FCC Catalyst Plant: An Example of a Successful Joint Venture between Petrobrás and Akzo Bringing about Technological Innovation

The creation of the Fabrica Carioca de Catalisadores (FCCSA) is presented in this article. After some brief background information on the reasons for its implementation, the methods used to choose the partner are discussed, as well as the technology transfer, with particular emphasis on R&D transfer. Finally, the plant's current stage of development is studied and its main characteristics are presented, as an example of a successful joint venture between culturally different and geographically distant countries.     

Allele frequencies data and statistic parameters for 16 STR loci-D19S433, D2S1338, CSF1PO, D16S539, D7S820, D21S11, D18S51, D13S317, D5S818, FGA, Penta E, TH01, vWA, D8S1179, TPOX, D3S1358-in the Rio de Janeiro population, Brazil

Allele frequencies for 16 short tandem repeats (STR) loci were determined with a sample of 230-300 unrelated individuals from the population of Rio de Janeiro, Brazil. The loci are the most commonly used in forensic and paternity testing, being analysed by the Identifiler (Applied Biosystems) and PowerPlex 2.1 (Promega) commercial kits. It was proved that Penta E and D18S51 are the most polymorphic loci.     

Status and practices of the legal text

Translated by Isabelle Llasera from Statut et pratiques du texte juridique, in D. Bourcier and P. Mackay (eds.),Lire le droit. Langue, texte, cognition (Paris: Librairie Générale de Droit et de Jurisprudence, 1992).     

REVIEWS

Ethics in Medical Progress: A Ciba Foundation Symposium. The Constitutional History and Law of Southern Rhodesia 1888–1965. By Claire Palley. Uganda: The Development of its Laws and Constitution. By H. F. Morris and James S. Read. Deutsches Staatsangehörigkeitsrecht. By Alexander N. Makarov. Civilians and the NATO Status of Forces Agreement. By G. I. A. D. Draper. The Doctrine of the Legal Equality of States. An Inquiry into the Foundations of International Law. By P. H. Kooijmans. Les Conditions de Recevabilité des Requêtes Individuelles Devant la Commission Européene des Droits de L'Homme. By Anne-Marie Nay-Cadoux. European Institutions. Co-operation, Integration, Unification. Second edition. By A. H. Robertson, B.C.L. (Oxon.), S.J.O. (Harvard). Resale Price Maintenance. Studies edited by B. S. Yamey. Principles of Local Government Law. Third edition. By C. A. Cross, M.A., LL.B. An Outline of English Law. By H. K. Black and D. J. Latham Brown. The Law of Real Property. By R. E. Megarry, Q.C., M.A., LL.D., and H. W. R. Wade, LL.D., D.C.L. Third edition. Archbold: Criminal Pleading, Evidence and Practice. Thirty-sixth edition. By T. R. Fitzwalter Butler and Marston Garsia, Barristers-at-Law. The English Bar: A Priesthood. By Barnett Hollander.     

Reviews

Separated Spouses. By O. R. McGregor, L. Blom Cooper and C. Gibson. [London: Gerald Duckworth & Co. Ltd. 1970. xvii and 277 pp. £8.00.] Law relating to Owners and Occupiers of Land. By A. J. Hawkins. Le Régime Juridique des Titres de Sociétés en Europe et aux Etats-Unis: The Legal Status of Securities in Europe and the United States. Institut d'Etudes Europeennes, Université Libre de Bruxelles. Les Emissions de Titres de Société en Europe et aux Etats-Unis: Corporate Securities Markets in Europe and the United States. Prison Before Trial: A study of remand decisions in Magistrates' Courts. By A. Keith Bottomley. Occasional Papers in Social Administration, Number 39. Key Issues in Criminology. By Roger Hood and Richard Sparks. [London: World University Library, Weidenfeld and Nicolson. International Law. By D. P. O'Connell. Second Edition. Essays on Human Rights. Edited by K. J. Keith. UN Protection of Civil and Political Rights. By John Carey. Basic Documents on Human Rights. Edited by Ian Brownlie. The Law of Treaties. A Guide to the Legislative History of the Vienna Convention. By Shabtai Rosenne. European Law Libraries Guide. Edited by Elizabeth M. Moys. Sources of International Uniform Law. Vol. 1: Private and Commercial Law. Edited by Konrad Zweigert and Jan Kropholler.     

Analysis of Ecstasy Tablets Using Capillary Electrophoresis with Capacitively Coupled Contactless Conductivity Detection

A method for the identification of 3,4‐methylenedioxymethamphetamine (MDMA) and meta‐chlorophenylpiperazine (mCPP) was developed employing capillary electrophoresis (CE) with capacitively coupled contactless conductivity detection (C⁴D). Sample extraction, separation, and detection of “Ecstasy” tablets were performed in <10 min without sample derivatization. The separation electrolyte was 20 mm TAPS/Lithium, pH 8.7. Average minimal detectable amounts for MDMA and mCPP were 0.04 mg/tablet, several orders of magnitude lower than the minimum amount encountered in a tablet. Seven different Ecstasy tablets seized in Rio de Janeiro, Brazil, were analyzed by CE‐C⁴D and compared against routine gas chromatography‐mass spectrometry (GC‐MS). The CE method demonstrated sufficient selectivity to discriminate the two target drugs, MDMA and mCPP, from the other drugs present in seizures, namely amphepramone, fenproporex, caffeine, lidocaine, and cocaine. Separation was performed in <90 sec. The advantages of using C⁴D instead of traditional CE‐UV methods for in‐field analysis are also discussed.     

Identification of group affinity from cross-sectional contours of the human midfacial skeleton using digital morphometrics and 3D laser scanning technology

Identifying group affinity from human crania is a long-standing problem in forensic and physical anthropology. Many craniofacial differences used in forensic skeletal identification are difficult to quantify, although certain measurements of the midfacial skeleton have shown high predictive value for group classifications. This study presents a new method for analyzing midfacial shape variation between different geographic groups. Three-dimensional laser scan models of 90 crania from three populations were used to obtain cross-sectional midfacial contours defined by three standard craniometric landmarks. Elliptic Fourier transforms of the contours were used to extract Fourier coefficients for statistical analysis. After cross-validation, discriminant functions based on the Fourier coefficients provided an average of 86% correct classifications for crania from the three groups. The high rate of accuracy of this method indicates its usefulness for identifying group affinities among human skeletal remains and demonstrates the advantages of digital 3D model-based analysis in forensic research.     

Market and institutional determinants in the regulation of conveyancers

Demand for law professionals in the conveyancing of property is decreasing because of market and institutional changes. On the market side, many transactions feature large, well-known parties and standardized transactions, which make professionals less effective or necessary for protecting the parties to private contracts. On the institutional side, public titling makes it possible to dispense with a broadening set of their former functions. Recording of deeds made professionals redundant as depositories of deeds and reduced demand for them to design title guarantees. Effective registration of rights increasingly substitutes professionals for detecting title conflicts with third parties and gathering their consent. Market changes undermine the information asymmetry rationale for regulating conveyancing, while institutional changes facilitate liberalizing not only conduct but also license regulations. These arguments are supported here by disentangling the logic of titling systems and presenting empirical evidence from the European and USA markets. The author thanks John D. Cooke, Fernando Gómez Pomar, Pamela O'Connor, Joyce D. Palomar, Ruth Paserman, Mark C. Schechter, Frank Stephen, Christine C. Wilson and participants at the Ninth EU Competition Law and Policy Workshop, the Eigth ISNIE conference and Université de Paris X for their comments and Ana Estrada for her research assistance. Usual disclaimers apply.     

Teaching the Political Context of EC Law

Books reviewed in this article: D. Dinan, Ever Closer Union? An Introduction to the European Community J. Greenwood, Representing Interests in the European Union F. Hayes-Renshaw and H. Wallace, The Council of Ministers S. Hix and C. Lord, Political Parties in the European Union N. Nugent, The Government and Politics of the European Union R. Dehousse, The European Court of Justice: The Politics of Judicial Integration P. Craig and G. de Burca, EC Law, Text, Cases, & Materials D. Chalmers and E. Szyszczak, European Union Law. Volume One. Law and EU Government     

REVIEWS

Civility and Disobedience. By Burton Zweibach. Conspiracy and Civil Liberties: a Cobden Trust Memorandum. Scrutton on Charterparties and Bills of Lading. Eighteenth ed. By Sir A. A. Mocatta, one of Her Majesty's Judges, Michael J. Mustill Q.C., and Stewart C. Boyd. Law of Banking. Sixth edition. By Lord Chorley Q.C., LL.D., M.A. assisted by J. Milnes Holden, PH.d., LL.D., A.I.B. The Fair Trading Act 1973. By J. P. Cunningham. Consumer Credit Act 1974. By R. M. Goode. Rights in Security. By L. A. Sheridan. Marknadsdomstolens Avgöranden 1971–73. The Legal Context of Social Work. By J. D. McClean. Social Security Law. By Harry Calvert. Industrial Tribunals. By K. Whitesides and G. Hawker. Legal Aid and World Poverty: A Survey of Asia, Africa and Latin America. By the Committee on Legal Services to the Poor in the Developing Countries. A Guide to the Law Affecting Mental Patients. By H. D. Venables. The Law of Husband and Wife in Scotland. By Eric M. Clive and John G. Wilson. References to the European Court: Practice and Procedure. By Francis Jacobs and Andrew Durand. Traite de Droit Compare, Tome II: La Methode Comparative. By Leontin-Jean Constantinesco. Verses from Lincoln's Inn. The House of Lords and the Labour Government 1964–1970. By Janet P. Morgan.     

Age estimation using the racemization of amino acid in human dentin

This study was made to improve the validity of age estimation from teeth using amino acid racemization. The correlation between actual age and the D/L ratio of aspartic acid was investigated by analyzing not only the total amino acid but also its fractionated substances, insoluble collagen and soluble peptide. The coefficient values of correlation between the D/L ratio and actual age in adult lower central incisors were 0.996 (sigma = +/- 1.0 year) for the total amino acid, 0.988 (sigma = +/- 1.8 years) for insoluble collagen, and 0.997 (sigma = +/- 0.9 years) for soluble peptide. The corresponding figures in adult first premolars were 0.991 (sigma = +/- 1.6 years), 0.988 (sigma = +/- 1.9 years), and 0.994 (sigma = +/- 1.4 years), respectively. The reactive velocity of aspartic acid racemization was highest for soluble peptide in both the lower central incisors and first premolars and approximately three times as rapid as that for total amino acid. As a result, age estimated from the analysis of soluble peptide was most accurate. The velocity for insoluble collagen was slightly lower than that for total amino acid. Age estimation was attempted from the teeth of an unknown body. These results suggest that the analyses, not only of total amino acid in dentin but also of its fractionated and extracted substances, can lead to higher reliability in age estimation. Soluble peptide, in particular, has been found to be most effective.     

Book reviews

Status of pinnipeds relevant to the European Union. By P.J. H. Reijnders, G. Verriopoulos and S. M.J. M. Brasseur (eds.). DLO Institute for Forestry and Nature Research (IBN‐DLO), Wageningen. 195 pp. 1997.

Metapopulatlons and Wildlife Conservation. By D. R. McCullough (ed.). Island Press, Washington, DC. $29.95. 429 pp. 1996.

Biodiversity in the Seas: Implementing the Convention on Biological Diversity In Marine and Coastal Habitats. By A. C de Fontaubert, D. R. Downes, and T. S. Agardy. IUCN, Cambridge. $17.50. 92 pp. 1996.

The Marine Mammal Commission Compendium of Selected Treaties, International Agreements, and Other Relevant Documents on Marine Resources, Wildlife, and the Environment: First Update. Compiled by R L. Wallace. U.S. Government Printing Office, Washington, D.C. 1017 pp. 1997.

The Biology of Sea Turtles By Peter Lutz and John Musick (eds.). CRC Press. 432 pp. 1996.     

Strategic spin-off: a new incentive contract for managing R&D researchers

Innovation is a strategic challenge for high-tech companies and as such, justifies large investments in R&D. After exploring the limits of the underlying postulates of the organizational management of innovation (the necessary specialisation of researchers, the possibility of human discontinuity of innovation and possibility of controlling researchers), the objective of this paper is to show that the relationship between managers and researchers is characterised by asymmetric information (Laffont , J. J. (1985). Economie de l’incertain et de l’information, Economica.) to the benefit of the researchers. This asymmetry supposes the setting up of management practices which incite researchers to optimise the company’s interests, but this can only be done to at the expense of management control. In R&D activities, the informational asymmetry in agency relationship can be overcome by incentive managerial practices (Jensen, M. C., & Meckling, W. H. (1976) Theory of the firm: managerial behavior, agency cost, and ownership structure. Journal of Financial Economics, 3(4), 305–360.). The relationship between the manager (principal) and the researcher (agent), can be resolved by setting up the practice of strategic spin-off. This practice which enables a researcher to create a company based on work that he himself has carried out within the R&D department of his “mother” company, constitutes both an economic incentive (through the status of shareholder) and a symbolic one (through the status of entrepreneur). The incentive is strong for the researcher both to reveal his information and to obtain financial value from his research. Implementing this incentive contract means putting into place certain managerial and organisational practices designed to accompany the researcher–entrepreneur: (training, incubator, venture-capital structure etc.). The practice of strategic spin-off is beginning to emerge in high tech enterprises. This is why we have chosen to make an in-depth case study of the French company most involved in strategic spin-off, namely France Telecom.

刑事政策视野中的安乐死出罪机制

刑事政策视野中的合法化与非犯罪化之间是有界限的 ,非犯罪化包括法律上的非犯罪化与事实上的非犯罪化 ,我国目前尚不具备对安乐死予以法律上的非犯罪化的条件 ,对我国安乐死行为应予以事实上的非犯罪化处理 ,对安乐死进行事实上的非犯罪化的适用条件应严加限制。