‘Place‐ing’ fear of crime

This commentary seeks to situate the work of Solymosi, Bowers, and Fujiyama (2015) in the literature on fear of crime, identifying several future opportunities where the methodological innovations they describe could be gainfully applied.     

<Emphasis Type="Italic">Peters Edition v. Batt</Emphasis>: The Intertextuality of Silence

The article deals, on the one hand, with a legal conflict between a musical performer/arranger, Mike Batt, and the estate of a composer of avant-garde music, John Cage, over copyright. It is also concerned with the field of intertextuality – how meaning is created in a text or in a work of art, whether it is visual, musical or verbal, through allusions and quotations to previous texts or works of art. The controversy, which did not reach the courts because of a pre-trial settlement, was over an author’s rights to silence, or, as in this case, a silent piece of music. The central issue discussed is the way in which silence may be considered – if at all, to be protectable.     

<Emphasis Type="Italic">Ayam aham asmīti</Emphasis>: Self-consciousness and Identity in the Eighth Chapter of the <Emphasis Type="Italic">Chāndogya Upanişad</Emphasis> vs. Śankara’s <Emphasis Type="Italic">Bhāşya</Emphasis>

The article offers a close reading of the famous upanişadic story of Indra, Virocana and Prajāpati from the eighth chapter of the Chāndogya-Upanişad versus Śankara’s bhāşya, with special reference to the notions of suşupti and turīya. That Śankara is not always loyal to the Upanişadic texts is a well-known fact. That the Upanişads are (too) often read through Śan-kara’s Advaitic eyes is also known. The following lines will not merely illustrate the gap between text and commentary but will also reveal an unexpected Upanişadic depiction of ‘dreamless sleep’ and ‘transcendental consciousness’. Suşupti is described here as ‘one step too far’, as a ‘break’ or discontinuity in one’s consciousness; whereas turīya is depicted positively, and surprisingly even in wordly terms. Unlike the third state of consciousness in which there is no ‘world’ nor ‘me’, and which is described through Indra’s character as ‘total destruction’ (vināśa); in turīya, the world ‘comes back’, or rather the ‘renouncer’ returns to the world. Sankara’s position, as far as the story under discussion is concerned, is radically different. For him, the Upanişadic story illustrates the continuity of consciousness in all its states. For him, the identification with merely one of the consciousness-states is an error (adhyāsa) which causes suffering. Consciousness prevails even in suşupti, and turīya has nothing to do with ‘coming back to the world’, since there is nowhere to come back from or to. Turīya, as seen by the Advaitin, consists of all the other states of consciousness together, or as K. C. Bhattacharyya puts it, ‘It is not only a stage among stages; it is the truth of the other stages’. The article is dedicated to Prof. Daya Krishna (1924-2007).     

Juvenile Justice in Pennsylvania: Mission‐Driven; Performance‐ Based; Outcome‐Focused

Since 1995, Pennsylvania's Balanced and Restorative Justice Mission has been the driving force behind Pennsylvania's reform and system improvement efforts. Pennsylvania has made strong and steady progress towards advancing this statutory mission and the related operational goals through policy, practice and programmatic enhancements over these past 20+ plus years. Three key events spurred forth this advancement: the legislative passage of Act 33 in 1995 that statutorily established the goals of Balanced and Restorative Justice (BARJ), the Models for Change Juvenile Justice Reform Initiative–Additional Reform Momentum (2004) and the Juvenile Justice System Enhancement Strategy–Evidence‐based Approach to the Reforms (2010).What follows is the story of how it all unfolded.     

Paper Covers Rock: In Search of the <Emphasis Type="Italic">e</Emphasis>-record Model

In 1997 the FDA published a set of regulations for the pharmaceutical industry intended to establish controls over the use of computer technology. To briefly re-call this moment in history, the Electronic Records; Electronic Signature (ERES) regulation, 21CFR11 or Part 11, was introduced to provide criteria whereby electronic records (e.g., database information) would be considered ‘equivalent’ to paper records. The underlying motivation was a concern that technology could potentially invalidate the truth claim of an utterance (e.g., ‘this drug is effective’) by ‘scrambling’ the context of the utterance and by potentially falsifying the name (attributability) and the date (auditability). But this regulation was based on a premise, which I will argue, was founded on a metaphysical blind spot derived both from an underestimation of the difficulties inherent in the reconstitution of events (historiography), on the one hand, as well as an overestimation of the nefarious impact of technology, on the other. As a consequence, it is no surprise that the Part 11 narrative fell prey to an onto-theology of the worse kind, and as a consequence never uncovered the true essence of technology.     

The relationship between crime and “objective” versus “subjective” strains

Agnew's (2001, 2006) general strain theory makes a distinction between “objective” strains, which refer to events and conditions which are disliked by most people in a given group, and “subjective” strains, which refer to events and conditions which are disliked by the people who have experienced them. Agnew argues that there is only partial overlap between objective and subjective strains, since many people do not subjectively evaluate the objective strains they experience in a negative manner. Further, Agnew argues that subjective strains should be more strongly associated with crime, since they are more likely to generate the negative emotions that lead to crime. This article tests Agnew's arguments with data from a sample of Italian youth. The results provide some support for Agnew, suggesting that many people do not evaluate the objective strains they experience in a negative manner and that subjective strains are more strongly associated with crime than are objective strains. These findings have important implications for the research on general strain theory.     

Legal ‘Elasticity’ and ‘Sidestepping’ in European Crisis Management of Financial Markets

This paper explores the roles played by law in crisis management of financial markets and some possible consequences. Three questions are raised ‐‐about the ‘elastic’ use of law, about ‘sidestepping’ existing legal order by invention of new structures and about redistributive consequences. These questions are appraised empirically in relation to three areas of financial market law: public support given to banking from 2008 onwards; English case law concerning derivatives contracts when confronted with Lehman‐style insolvencies; and the European Stability Mechanism, which during summer 2015 was being primed in relation to Greece. On the first two case studies, law, having been mightily stretched, did not break. Likewise, legal sidestepping, as epitomised by the European Stability Mechanism, may result in a less coherent legal structure; however such incoherence may be not be fatal to the ensemble. On all three fronts, redistributive questions remain controversial, but controversy in itself does not undermine legal structures. A particular form of theory, the Legal Theory of Finance, is discussed in light of the case studies. Such theory may have an unfulfilled longing to discern law‐like regularities (ironically chasing economics).     

Distribution of ∆9‐Tetrahydrocannabinol and 11‐Nor‐9‐Carboxy‐∆9‐Tetrahydrocannabinol Acid in Postmortem Biological Fluids and Tissues From Pilots Fatally Injured in Aviation Accidents

Little is known of the postmortem distribution of ?⁹‐tetrahydrocannabinol (THC) and its major metabolite, 11‐nor‐9‐carboxy‐?⁹‐tetrahydrocannabinol (THCCOOH). Data from 55 pilots involved in fatal aviation accidents are presented in this study. Gas chromatography/mass spectrometry analysis obtained mean THC concentrations in blood from multiple sites, liver, lung, and kidney of 15.6 ng/mL, 92.4 ng/g, 766.0 ng/g, 44.1 ng/g and mean THCCOOH concentrations of 35.9 ng/mL, 322.4 ng/g, 42.6 ng/g, 138.5 ng/g, respectively. Heart THC concentrations (two cases) were 184.4 and 759.3 ng/g, and corresponding THCCOOH measured 11.0 and 95.9 ng/g, respectively. Muscle concentrations for THC (two cases) were 16.6 and 2.5 ng/g; corresponding THCCOOH, “confirmed positive” and 1.4 ng/g. The only brain tested in this study showed no THC detected and 2.9 ng/g THCCOOH, low concentrations that correlated with low values in other specimens from this case. This research emphasizes the need for postmortem cannabinoid testing and demonstrates the usefulness of a number of tissues, most notably lung, for these analyses.     

Two Meanings of ‘Reasonableness’: Dispelling the ‘Floating’ Reasonable Doubt

The ‘reasonable doubt standard’ is the controlling standard of proof for criminal fact finding in several jurisdictions. Drawing on decision theory, some scholars have argued that the stringency of this standard varies according to the circumstances of the case. This article contends that the standard does not lend itself to the ‘sliding‐scale’ approach mandated by decision theory. This is supported through investigation of the concept of ‘reasonableness’. While this concept has mostly been studied as it operates with reference to practical reasoning, scant attention has been given to the meaning that it acquires when referred to theoretical reasoning. Unlike in the former case, reasonableness does not in the latter depend on the reasoner's attitudes in favour of the outcomes of a decisional process. Therefore, since criminal fact finding is an instance of theoretical reasoning, the question whether in this enterprise a doubt is reasonable is not susceptible to a decision‐theoretic approach.     

The Rhythm of the Construction "conveyor Belt"

The All-Union Seminar-Conference to Study and Disseminate the Experience of Evenly Timed Putting into Operation of Housing and Public Buildings and Structures was held in Orel. It was organized by the USSR Council of Ministers' State Committee on Construction [Gosstroi], other construction agencies, the Orel Regional Committee, and the City Committee of the CPSU. Ranking executives of the State Planning Commission, Gosstroi, the USSR Bank for Construction [Stroibank], Party and government agencies, and design and construction organizations of all the union republics took part in the work of the conference.     

Synthesis and Analysis of Glucuronic Acid‐Conjugated Metabolites of 4‐Bromo‐2,5‐Dimethoxyphenethylamine

In the study reported here, two glucuronic acid‐conjugated metabolites of 4‐bromo‐2,5‐dimethoxyphenethylamine (2C‐B)—a ring‐substituted psychoactive phenethylamine—were chemically synthesized for the first time and a method for analyzing them in urine was developed. β‐D‐Glucuronide of 4‐bromo‐2,5‐dimethoxyphenylethylalcohol was successfully synthesized using methyl 2,3,4‐tri‐Ο‐acetyl‐1‐O‐(trichloroacetimidoyl)‐α‐D‐glucuronate as a glucuronyl donor and boron trifluoride diethylether complex as a Lewis acid catalyst. β‐D‐Glucuronide of 4‐bromo‐2,5‐dimethoxyphenylacetic acid was synthesized by condensing 4‐bromo‐2,5‐dimethoxyphenylacetic acid and benzyl D‐glucuronate followed by benzyl group deprotection based on catalytic hydrogenation. Two glucuronic acid‐conjugated metabolites of 2C‐B in urine were qualitatively and semiquantitatively evaluated via direct liquid chromatography/mass spectrometry (LC/MS) analysis of a diluted urine sample. The simple method proposed is expected to be useful for studying the metabolic fate of 2C‐B.     

<Emphasis Type="Italic">Karl Korinek</Emphasis> – der Verfassungsrichter

Der Beitrag schildert aus Anlass seines 70. Geburtstages die gro?en Verdienste, die sich Karl Korinek um die ?sterreichische Verfassungsgerichtsbarkeit im Allgemeinen sowie als Pr?sident des VfGH im Besonderen erworben hat.     

The Consequences of Prisoners’ Micro‐Resistance

For more than twenty years, scholars have called for greater attention to the consequences of micro‐resistance to legality. Using archival data from Philadelphia's Eastern State Penitentiary (1829–1875), I examine the consequences of noncompliant prisoner behavior. I find that prisoners’ noncompliance often entailed substantial costs to prisoners, particularly in comparison to the substantial benefits of complying with the prison regime. Despite its cost to prisoners, noncompliance did not have a single set of uniformly negative consequences for the prison regime. In fact, some forms of noncompliance may have actually protected the prison's reputation. Prison administrators, external allies, and critics used episodes of noncompliance for their own goals and to reinforce their preexisting claims about the propriety of competing prison designs, yielding this variable significance of noncompliance. As this study illustrates, connecting prisoner misconduct to power dynamics in the broader field produces a fuller understanding of micro‐resistance's consequences.     

The Perversions of History: Constitutionalism and Revolution in Burke’s <Emphasis Type="Italic">Reflections</Emphasis>

Edmund Burke’s Reflections on the Revolution in France is one of the defining texts in the history of English constitutional thought. It is conservative in its overt defence of England’s ancient constitution, and in particular the twin bulwarks of Church and Crown. In more immediate terms, it was written against those who appeared to sympathise with the principles of the French revolution, men such as Joseph Price and Tom Paine. But the true ‘genius’ of Burke, as Wordsworth famously noted, does not lie in the surface defence of traditional conservative institutions and principles. It lies, rather, in an appreciation that constitutions are aesthetic expressions, their vitality dependent upon the strength of the political imagination which they strive to shape and to nurture. What is truly distinctive about Burke’s Reflections accordingly is that it was written as a poetic as much as a political treatise. The purpose of this essay is to explore this genius and this poetic.     

An empirical examination of AMBER Alert ‘successes’

The AMBER Alert system was designed to recover endangered missing children through the solicitation of citizen assistance via swift public announcements. Rigorous empirical support for AMBER Alert's effectiveness has been lacking, but since its inception program advocates and public safety officials have lauded the system's ability to “save lives”, often basing their optimism on AMBER Alert “success” stories. However, in this paper quantitative and qualitative analyses of 333 publicized and celebrated AMBER Alert “successes” suggest AMBER Alerts rarely result in the retrieval of abducted children from clearly “life-threatening” situations, and that most of the publicized successes involved relatively benign abductors and unthreatening circumstances. The routine conflation of such apparently mundane cases with rare dramatic successes by AMBER Alert advocates suggests popular portrayals of AMBER Alert are overly sanguine. The potentially negative effects of this and policy implications are discussed.