Lip print enhancement: review

Lip print(LP)evidence can be an essential tool for human forensics.LPs have conventionally been developed using substances such as lysochrome dyes,fluorescent dyes,indigo dye,aluminium powder,and silver metallic powder.However,techniques for LP enhancement from various substrates are currently inconsistent and lack standardisation in practice.This review summarises current knowledge on the physical and chemical techniques of LP enhancement,identifies limitations,and provides suggestions for future research on practical applications of cheiloscopy as a forensic tool in criminal justice.     

Islamic capital markets: developments and issues

The first 150 words of the full text of this article appear below. Key points

• As modern Islamic finance continues to develop, thedevelopment and growth of capital markets, including secondarymarkets, for securities and investments that are compliant withthe principles and precepts of Islamic Shari'ah, is being witnessed.
• Thisarticle first considers the nature of Islamic finance, thenlooks at the primary factors influencing the development andgrowth of Islamic capital markets, before looking at the factorsaffecting risk assessment by transactional participants, particularlythose pertaining to certainty, predictability and transparencyof risk factors.
• Capital markets transactions involve bothShari'ah and secular jurisdictions, and legal opinions and choiceof governing law for transactional documentation in each typeof jurisdiction are critical factors in effecting these transactionsand the growth of these markets.
• The article concludes withan overview of the state of the capital markets products.

 

New Zealand: Public Registers Report

In September 2007, the Commonwealth Law Bulletin (Vol. 33, No. 3), published an article on the New Zealand Law Commission’s Issues Paper on Public Registers (IP 3, 2007), including the four options for reform that the Commission was putting forward for consideration by interested persons.

The Law Commission’s Public Registers Report ¹ 1 New Zealand Law Commission’s Public Registers Report, NZLC R 101 2008. (the Report) has now been published, completing stage 2 of the Law Commission’s four stage Privacy Review.

It is available on the Law Commission’s website at http://www.lawcom.govt.nz.     

EU Fraud: institutional and legal competence

This paper will focus on frauds committed against the budget of the European Union. It will consider the role of OLAF (the European Fraud Prevention Office) which is the lead agency in the fight against fraud. It will consider its powers and its capacity to co-ordinate the activities of anti-fraud agencies in twenty seven member states and the constraints which prevent it from operating in a more effective manner. The paper will also consider the role of other transnational bodies such as Eurojust and Europol and will seek to highlight the degree of fragmentation which exists with a multiplicity of actors involved in policing fraud, a fragmented legal approach and the difficulties this presents in policing sophisticated transnational frauds. The effect of EU expansion on this situation will also be examined and the EU anti-fraud efforts of the Czech Republic will be considered in some detail. The paper concludes that the legal system and the institutions are not yet in place to enable such frauds to be adequately policed.

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Money laundering: some facts

This paper tackles the quite difficult topic of money laundering. After defining money laundering, and after explaining the three stages (steps), placement, layering and integration, the paper tries a quantification and estimation of the volume and development of money laundering activities. Besides it shows national and international measurements to fight money laundering and various effects on macroeconomics. The overall turnover in organized crime for example had a value of 800 billion USD in 2001 and increased to 1.700 billion USD in 2007. These figures are very preliminary with a quite large error, but give a clear indication how important money laundering and the turnover of organized crime is nowadays.

Preface: Hunting Wolves

Honor never grows old, and honor rejoices the heart of age. It does so because honor is, finally, about defending those noble and worthy things that deserve defending, even if it comes at a high cost. In our time, that may mean social disapproval, public scorn, hardship, persecution, or as always, even death itself.

The question remains: What is worth defending? What is worth dying for? What is worth living for?1 ?1. William J. Bennett, ‘In a lecture to the United States Naval Academy’, November 24, 1997.      

Kenya: succession,customary law

This article seeks to explore the idea that a health care professional who becomes aware that a patient has a genetic linked disorder should in some circumstances owe a duty to inform blood relatives of that fact, and that failure to so inform should be redressed through the law of negligence. This is a contention which has appeared in medical literature ¹ 1 Lucassen, A. (2007), Should families own genetic information? Yes, BMJ, 335(July), p. 22. and been the subject of litigation in American jurisprudence. ² 2 Pate v Threlkel (1995) 661 S0 2d (SC Florida); Safer v Puck (1996) 677 2d 1188 (SC, NJ). Given that medical researchers have identified the genetic causes of many human diseases through more sophisticated methods of DNA sequencing, and have confirmed the hereditary nature of many of these conditions, the disclosure of screening results is a serious and contentious issue. This is particularly so given the increasing importance of preventative medicine as a means of dealing with disease. ³ 3 See Seigler, M. (1982) Confidentiality in medicine – a decrepit concept, N‐Engl J Med, 307, p. 1518, where he refers to medicine expanding ‘from a narrow, disease‐based model to a model that encompasses psychological, social and economic problems’. Also note the increasing emphasis now given to the prevention of diabetes and obesity through lifestyle education. The article suggests, by reference to ethical discourse, and particularly Levinas' theory on responsibility, ⁴ 4 See Levinas, E. (1961) Totality and Infinity, trans. A. Lingus 1969 (Pittsburgh: Duquesne University Press); Levinas, E. (1974) Otherwise Than Being, or Beyond Essence, trans. A. Lingus 1981 (The Hague: Martinus Mijhoff). that health professionals do owe a duty of care to a patient's relatives, but that this duty may be discharged in ways which do not necessarily involve the disclosure of the information to those parties, and that it is only in certain, specified circumstances that a duty to disclose the information exists.     

Police Stress: A Structural Model

A number of existing studies have identified various factors that contribute to stress among police officers. This analysis is unique among these insofar as it employs structural equation modeling to specify, in path model format, the influence of participation in workplace decision-making and other variables on employee stress levels. The findings of this analysis provide new as well as confirmatory statistical evidence regarding the mitigating and direct effects of certain variables on physical stress. This study poses important implications by lending itself to meaningful future comparative research across occupations such as corrections and probation / parole.

Private equity: the UK regulatory response

The first 150 words of the full text of this article appear below. Key points

• Rapid growth in private equity in recent years hasgenerated a public debate over the possibility of regulation.The Financial Services Authority (FSA), British Venture CapitalAssociation (BVCA), Treasury and the Treasury Select Committeehave all been active on this front in recent months.
• This briefingnote provides an overview of the current state of play in theUK, taking account of the final guidelines published by SirDavid Walker and the changes to capital gains tax that havebeen announced by the Treasury.
• The BVCA guidelines will bringwithin its enhanced disclosure regime around 65 portfolio companiesand will operate on a ‘comply or explain’ basis.
• TheFSA has indicated that it will focus on the risks of marketabuse and conflicts of interest arising from private equitytransactions, but it does not envisage a discrete regulatoryregime for the sector.

 

Poverty and Peacemaking Criminology: Beyond Mainstream Criminology

Mainstream criminology has traditionally focused on poverty as an isolated variable, whose effects are typically explored by inserting a limited measure of this variable in a multivariate analysis. Peacemaking criminology, however, offers an alternative perspective. In this paradigm, poverty is seen as a source of suffering and, to a degree, a “crime” in and of itself. Furthermore, the suffering poverty engenders is an enveloping social experience that exposes its victims to concentrated disadvantage—or, to use Jonathan Kozol’s (1991) term, to a range of “savage inequalities.” Thus, poverty is best understood not as an isolated variable, but as a master status of fundamental social reality that subjects people to lives filled with suffering—suffering that can engender criminal behavior. From a peacemaking perspective, a key avenue for preventing crime is, in the short run, diminishing the suffering poverty causes and, in the long run, embracing social policies that reduce the prevalence of economic suffering in contemporary society.

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Sex trafficking: an exploratory study interviewing traffickers

This paper presents the research methodology of an exploratory study interviewing human traffickers. Utilizing open-ended, semi-structured qualitative interviews with traffickers, exploratory research was conducted in 2003. With an overall goal of understanding the human trafficking phenomenon from the standpoint of those individuals who support, reproduce, and actively work to sustain it, our research questions focused on how traffickers make sense of their position within the illegal market of sex trafficking. Other thematic questions included characteristics and personal dimensions of the traffickers, reasons they entered the business, their perceptions of the business, and their opinions of those they traffic. For the purpose of this paper, we will address the difficulty and simplicity of conducting interviews with human traffickers. Information about the research project in general, methods used, ethical considerations, and thematic scope will also be addressed with a final discussion section highlighting advantages and disadvantages of methods used.

Corporal Punishment of Children: A Multi-Generational Perspective

This paper presents a study on the self-reported usage and attitudes toward corporal punishment (CP) by a four generation sample of Jewish families in Jerusalem. The study included 655 participants: 200 adolescents, 208 young mothers, 199 old mothers, and 48 grandmothers, and tested for inter-generational and familial role differences. Results have shown that participants’ attitudes toward CP correlates significantly with age group; however, it does not correlate with family role. Implications of the results for practitioners who seek to reduce usage of CP are suggested.

Terrorism Salience increases System Justification: Experimental Evidence

The issue of international terrorism has figured frequently in recent political debates and media coverage. In the present paper, we explore the question of how the salience of the concept of international terrorism affects the system-justifying tendencies of public opinion. On the basis of Terror Management Theory and System Justification Theory it was hypothesized that terrorism salience would lead to increased system justification. Four experiments with student and non-student adult samples support the hypothesis, yielding a medium-sized average effect of d = 0.47. Across variations in the intensity of focal death-related thoughts, the effect was not subject to boundary conditions typical of mortality salience effects. Social and political psychological implications are discussed.

Institutionalized corruption: power overconcentration of the First-in-Command in China

Among various kinds of corruption in China, corruption of the First-in-Command (FIC) is most pernicious, threatening the legitimacy of the Chinese Communist Party and the stability of the state. This paper examines several specific institutional arrangements under China’s current political structure, including the people’s congress, the ruling party system, and the collective leadership team system, to see how they have contributed to power overconcentration in the hands of FICs. This is done in a two-round process: first through the collective leadership team and then by the gestating decision-making rule. The paper also assesses four institutional innovations designed to prevent FIC corruption.

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Crime and punishment: an expressive voting view

Incarceration rates in many countries (the US and Australia among them) have risen spectacularly over the last twenty years and are only partially explicable by increases in crime rates. Moreover, in some countries where crime rates have shown a comparable time-path, incarceration rates have not shown the same spectacular increase. The aim of this paper is to explore the politics of punishment. The claim is that the US and Australian experiences are best understood in terms of political considerations; and that this fact lends some support to the “expressive” as distinct from the “interest” approach to electoral behaviour.

The entrepreneurial puzzle: explaining the gender gap

We document the substantial gender gap that exists among university scientists with regard to entrepreneurial activity using a variety of measures and explore factors leading to the disparity. We focus particularly on the biomedical sciences. The contextual explanation that women are under-represented in the types of positions from which faculty typically launch entrepreneurial activity is the most obvious. But the data suggest that for the biomedical sciences context is not sufficient in explaining the entrepreneurial gap. We look elsewhere to factors affecting supply and factors affecting demand. The former include gender differences in attitudes towards risk, competition, “selling” of “science,” type of research and geographic location. The latter include the role of networks, preferences of venture capitalists and “gender discounting.” We explore the associated hypotheses. We provide few tests and conclude that the research agenda is wide open and interesting.

Database rights' subsistence: under starter's orders

Legal context. The criteria for database rights' subsistenceset out in the Directive on the Legal Protection of Databasesare largely undefined. Guidance on their interpretation hasbeen provided by the ECJ and its guidance on qualifying investmentactivities was applied by the Court of Appeal in the BHB case. Key points. The article comments upon the guidance on the subsistencecriteria for database rights provided by the Advocate Generaland the ECJ in the BHB and Fixtures Marketing cases and analysesthe Court of Appeal's application of the production-processingdichotomy in the BHB case. It offers thoughts on thorny issuessuch as the avoidance of a double benefit for database developersin copyright and database right, the role of investments intechnology, and the effect of the production-processing dichotomyon the risk of monopolies over facts. Practical significance. Database developers seeking databaserights' protection should keep the subsistence criteria in mindwhen devising their processing arrangements, designing theirdatabases, and recording their investment activities associatedwith database development.     

Babble: A Theater in Justice and Discourse

The world studied by empirical criminal justice research is babble—a congeries of voices whose meanings represent many normative worlds. Our research designs provide a frame for the babble, and our statistics codify and simplify it. We provide analytic portraits of it and, using the substantive language of crime control, give those portraits meaning. Yet, those meanings are located in a crime control discourse that de-legitimizes and destroys those normative worlds. This paper, an interpretive montage, is a collection of fractured narratives assembled to show that interpretation has something to offer the way we think about knowledge production in the field of criminal justice. It is also a cautionary tale to students in criminal justice, to remember that our scientific abstractions are an abstraction from the underlying realities of human life, not a “deeper” or in some way more real understanding. Our aim is to move the babble—the humanity from which the voices emerge—back into the foreground of justice research.

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Text and terrain: mapping sexuality and law

This article is concerned with the intersections of law, texts and sexuality. Drawing on recent work in theoretical cartography, this article seeks to argue that a cartographical reading of law can be usefully brought to bear on the legal analysis of sexuality. This article considers how looking to contemporary theoretical and critical cartography can help to reveal law as a process of mapping; how sexuality is mapped both within and without the law through cultural texts, and how law’s encounters with the terrains mapped out by those texts might be enriched and diversified. This article seeks to consider how legal mappings of the terrains of sexuality might be sufficiently contextualised and located within a wider socio-political context, and how a specifically cartographical interpretation might reveal the potential for the law to accommodate the complexity of gendered and sexualised identities that do not easily conform to singular positionings. In order to navigate the texts and terrains of law and sexuality, we must first learn to become cartographers, and through this process, perhaps open up radical and alternative mappings.