Who is the Author of Halakhah?

The Jewish Law (Halakahh) is probably the older legal system working in our time. It is established on a hierarchy of different texts. The oldest and more authoritative is the Torah (the five books of Moshe), then come the Mishnah, the Talmud, the compilation as Maimonide’s Mishne Torah and Caro’s Shulchan Arukh, then the responsa of the rabbis. While the authorship of the later texts is more or less clear, the one of the Torah is highly problematic, also in the self-understanding of Jewish hermeneutics. This question is discussed in the present paper not from a philological-historical point of view, but from a semiotic one, trying to understand what devices and regimes of enunciation are enacted by the text in order to establish its semiotic-juridical effects. A special double enunciation frame is proposed as the mark of the legislative power in the text, in correlation with another textual device, a sort of divine “signature”. The further evolution of the authorship of the Jewish Law is discussed in its relation with the question of the autonomy in the interpretation of the sacred text.     

Who is the academic entrepreneur? The role of graduate students in the development of university spinoffs

Academic entrepreneurship, the establishment of new companies based on technologies derived from university research, is a well-recognized driver of regional and national economic development. For more than a decade, scholars have conceptualized individual university faculty as the primary agents of academic entrepreneurship. Recent research suggests that graduate students also play a critical role in the establishment and early development of university spinoff companies, but the nature of their involvement through the entrepreneurial process is not yet fully understood. Employing a case study approach, this paper investigates the role of graduate students in early-stage university spinoff companies from the Massachusetts Institute of Technology. We find that graduate students play role similar to that of individual faculty entrepreneurs in university spinoffs, both in terms of making the initial establishment decision and in reconfiguring the organization for marketable technology development. We also find that student entrepreneurs face unique challenges involving conflicts with faculty advisors and other students.     

Who is steering the jurisprudence of the European Court of Justice? The influence of Member State submissions on copyright law

The juridification of the European policy process is increasingly fragile, and little understood. This study develops a novel methodology to investigate the influence of Member States on the rulings of the Court of Justice of the European Union (CJEU). The focus is on the domain of copyright law which has seen a dramatic escalation of preliminary references to the Court, indicating a normative void. Examining 170 documents relating to 42 cases registered between 1998 and 2015, we measure empirically the impact of submissions by Member States and the European Commission on the interpretation of copyright concepts. We show that France is the most influential country by some distance, both in terms of the number of interventions (an ‘investment’ in policy) and in terms of persuasive power (arguments adopted by the Court). The evidence also suggests that the departure of the UK from EU litigation will disturb the delicate balance of CJEU jurisprudence.     

Who are the Unclaimed Dead?

Unclaimed dead are deceased persons with no known next of kin (NoK) or NoK was located but did not claim the deceased. Unclaimed dead in Marion County, Indiana, 2004–2011, are examined. Comparisons are provided of the unclaimed to the claimed dead population and county death patterns. Race, gender, marital status, age, location, manner and cause of death, NoK, and days to disposition are analyzed. The unclaimed dead were disproportionately male, slightly more likely to be Black, younger at death, died from natural causes, had unknown marital status, were equally likely as not to have NoK, did not die in a hospital, and were subject to autopsy. Nearly half the unclaimed had NoK who did not claim the body; the other half had no identifiable NoK. Unclaimed were more likely to have an autopsy and to die from external causes. Most unclaimed were identified by means outside fingerprints or DNA.     

Who’s afraid of penal populism? Technocracy and ‘the people’ in the sociology of punishment

Contemporary sociologists of punishment have criticized the rising incidence of incarceration and punitiveness across the Western world in recent decades. The concepts of populist punitiveness and penal populism have played a central role in their critiques of the burgeoning penal state. These concepts are frequently sustained by a doctrine of penal elitism, which delegates a limited right to politicians and ‘the people’ to shape institutions of punishment, favoring in their place the dominance of bureaucratic and professional elites. I argue that the technocratic inclinations of penal elitism are misguided on empirical, theoretical, and normative grounds. A commitment to democratic politics should make us wary of sidelining the public and their elected representatives in the politics of punishment. A brief discussion of Norway’s legal proceedings against Nazi collaborators in the mid-1940s and the introduction sentencing guidelines commissions in Minnesota in the 1980s shows – pace penal elitism – that professional elites may variously raise the banner of rehabilitationism or retributivism. While penal elitism may yield a few victorious battles against punitiveness, it will not win the war.     

Who are the complaint-prone officers?: An examination of the relationship between police officers' attributes, arrest activity, assignment, and citizens' complaints about excessive force

This article identifies the characteristics of police officers (officers' background attributes, arrest activity, and assignment) who most frequently receive complaints from citizens regarding the use of excessive force. The data for the study were obtained from a large mid-western municipal police department. The results show that arrest activity, officer age, and officer gender are most strongly related to the receipt of citizen's complaints about excessive force and differentiate high-complaint officers from low-complaint officers. Implications of the findings are discussed.     

Strasbourg,the House of Lords or Elected Politicians: Who decides about rights after Re P?

In Re P , the House of Lords decided that art 14 of the Adoption (Northern Ireland) Order 1987 which prohibited unmarried couples from being eligible to adopt, violated articles 8 and 14 of the European Convention on Human Rights. Apart from its significance for adoption law and anti-discrimination law, Re P is also important in understanding the constitutional role of the courts under the Human Rights Act 1998 (HRA). Re P recognizes that if Strasbourg has determined that an issue falls within states' margin of appreciation, this does not prevent municipal courts from enforcing those rights. This comment will discuss the meaning and scope of the courts' obligation under section 2 of the HRA, the status of the rights protected by the HRA and the appropriate role of the courts in a rights dispute which is subject to moral, social, religious or political controversy.     

Who Is the Client and Who Controls Release of Records in a Forensic Evaluation? A Review of Ethics Codes and Practice Guidelines

Forensic psychologists often refuse to release evaluation records, especially to the evaluee. One justification for this practice is based on the ethical positions that the referral source “is the client” and “controls release of records” (also found in the Specialty Guidelines for Forensic Psychology). To determine whether these ethical positions are shared by the field of forensic mental health, official documents from forensic mental health organizations were used as a proxy for these views. Thirty-four supporting arguments for either position were identified from the literature; it was postulated that official documents would support both positions and utilize supporting arguments. Fifty-four official documents were discovered, and qualitative analysis was used to construct a 17-category model of official views. Neither position was supported by a majority of documents, and few of the supporting arguments were utilized by supportive documents. The positions are unsupported because official documents espouse a wide diversity of views, there are a number of logical flaws in supporting arguments, and even official APA documents hold conflicting views. Ethical arguments are advanced for contrary positions, and the referral-source-control of records release is contrary to law. A more ethical view is that the psychologist may have multiple, possibly conflicting responsibilities to multiple entities; the psychologist’s roles and responsibilities should be clarified with each entity using an informed consent process. Psychologists should release records at the behest of the evaluee, lest they be subject to licensing discipline, Health Insurance Portability and Accountability Act (HIPAA) complaints, and/or civil sanctions. Recommendations are offered for psychologists, future ethics codes and professional practice guidelines, and test security practices.     

Who Run the World? Cats: Cat Lovers,Cat Memes,and Cat Languages Across the Web

The paper provides an overview of the macro-isotopy “cat”, a totemic figure disputed between the elitist and often-esoteric subculture related to the origins of Internet and the standardized mass culture permeating social media. Due to its features, “cat” is a cultural unit which is easy to anthropomorphize and iconize, according to a variety of textual practices, including so-called Internet memes (lolcats) and one of the most interesting examples of sign proliferation to date: the creation of a whole new language (lolspeak) based upon systemic misspellings and mistakes.     

The crimes of the homeless or the crime of homelessness? On the dialectics of criminalization,decriminalization, and victimization

This paper is a limited attempt to synthesize the older and newer trends in radical criminology — to integrate the issues of criminalization, decriminalization, and victimization. The object of our endeavor is homelessness and how society responds to it. In the paper, we first examine the dialectics of criminalization, homelessness, and economic crisis in relation to some of the general trends in the developing political economy of welfare capitalism. Second, we argue that criminologists should support and focus on effort to criminalize the condition of homelessness and, at the same time, to decriminalize most of the acts of survival of the homeless. In pursuing this end, we urge criminologists to respond by doing things with rather than for or to the homeless. Ultimately, we hope this paper contributes to the ideological and practical struggle for achieving stable institutional methods for satisfying basic human needs.     

Who is the parent in cloning?

In July 1996, a sheep named Dolly was born in Scotland. What makes Dolly's birth noteworthy is that she is the result of the first successful cloning attempt using the nucleus of an adult cell. The technique that led to Dolly's birth involved transferring the nucleus of a mammary cell from an adult sheep to the enucleated egg cell of an unrelated sheep with gestation occurring in a third sheep. The possibility of applying this technique to human reproduction raised concerns worldwide with several countries moving for an immediate bans on human cloning. In the United States, President Clinton requested that the National Bioethics Advisory Commission ("NBAC"), a multidisciplinary group composed of scientists, lawyers, educators, theologians, and ethicists study the implications of cloning and issue recommendations. The Commission consulted other scientists, ethicists, theologians, lawyers, and citizens with interests in this advancing technology and concluded that, "at this time it is morally unacceptable for anyone in the public or private sector, whether in a research or clinical setting, to attempt to create a child using somatic cell nuclear transfer cloning." This Article was included in a larger work prepared at the request of, and submitted to the Commission by, law professor Lori B. Andrews. Cloning through nuclear transfer will change the way we create and define families. This Article explores how existing law relating to parentage, surrogacy, egg donation, and artificial insemination may apply in the cloning context to clarify the parent-child relationship established through cloning.     

Who receives substance abuse treatment in the ‘real world’ of the prison? A register-based study of Finnish inmates

Assessing and targeting substance abuse-related treatment needs according to evidence-based practice has become the norm in most prison administrations. Not everyone with a need will, however, receive support in practical settings. Drawing on Finnish prison registers, we show that of all prisoners released in 2011, 60% were assessed as having a need for substance abuse-related support. Of these, 22% received an intervention in prison. Two multivariate models were used to examine the factors related to selection into interventions. The main factors associated with receiving an intervention with evidence-based programmes were a longer sentence, Finnish nationality, younger age and treatment motivation. The predictors for any substance abuse interventions (including non-evidence-based) were the same, with the exception that motivation was no longer a significant predictor, and female gender remained significant. The selective use of motivation as an entrance criterion for interventions can be a means of systemic adaptation to a combination of a high prevalence of substance abuse problems and a lower prevalence of treatment motivation in the prison population. We discuss how our results might reflect a Scandinavian way of doing evidence-based, prison-based drug treatment—one that stresses rehabilitation as a goal in itself in addition to reducing recidivism. Most prisoners, however, do not receive any intervention at all.     

The Threat of the Thief: Who Has Normative Influence in Georgian Society?

This piece gives an account of the Georgian government's recent attempts to crackdown on the institution of thieves-in-law [vory-v-zakone] within Georgian society. The events surrounding the problematisation of the thieves-in-law are examined and different answers are offered to the underlying question of the article: what threat does this subversive group pose to the government? It is argued that the vory do not represent a potential criminal revolution but are victims of a resurgent state producing a politics of law that seeks to stamp out subverting influences within society. The thieves' world represents an alternative moral order which is attractive in a country which suffers from acute alienated statehood. Thus the fight against the vory should be understood as a battle to win back the hearts of the Georgian people for the state and for the law.     

Reform of the criminal law the Inns of Court,London, England July 26–29, 1987

Conference Papers

Reform of the criminal law the Inns of Court, London, England July 26–29, 1987