Expert witness in international war crimes tribunals

Abstract

The author has served as an expert witness in eight different cases tried before war crimes tribunals, involving twelve accused. Only three of the twelve accused were convicted. Seven were acquitted and two cases are still pending. The general defense strategy in such cases is to admit the crimes, but to challenge the involvement or responsibility of the accused. Identity then becomes the main issue to be proven by the prosecution. From the verdicts it appears that problems of identification were a major reason for acquittal. A closer look at the cases demonstrates that these problems were entirely due to an astounding naivety of the various prosecutors with respect to identification issues. The identification procedures used by the investigators were violating even the basic principles developed in many years of research in the area of psychology and law. This is even more shocking when it is realized how important these trials are, not only for the accused, but also for the witnesses, the victims, their relatives, their communities, and for international justice.

Since 1987 I have been asked eight times to testify in war crimes trials. The venues were, in chronological order:

• The Special Court in Jerusalem for the trial of suspects accused of crimes in the Second World War – the case against John Demjanjuk.

• The Special Dutch Court for the trial of suspects accused of crimes against humanity in the Second World War – the case against Marinus De Rijke.

• The International Criminal Tribunal for the former Yugoslavia (ICTY); five cases: against Du?ko Tadi? (IT-94-1), Vlatko Kupreskic (IT-95-16), Fatmir Limaj et al. (IT-03-66-T), Ramush Haradinaj et al. (IT-04-84), and Ljubisa Beara (IT-05-88-T).

• The International Criminal Tribunal for Rwanda (ICTR) – the case against Jérôme–Clement Bicamumpaka (ICTR 99-5-T).

In this paper I will describe some of my experiences, and try to formulate some lessons that I have learned.     

Dignity as (Self‐)Determination: Hopi Sovereignty in the Face of US Dispossessions

In 2013, the Arizona Snowbowl Ski Resort began spraying artificial snow made from reclaimed wastewater on Arizona's highest peak, a place the Hopi people call Nuvatukya'ovi, “Snow‐on‐top‐of‐it.” As one of the Hopis’ most sacred places, the home of the katsinam and the southwestern boundary marker of their aboriginal territory, the Hopi have fought for decades to stop development of the ski resort, which today sits on US Forest Service land. Viewing the history of this dispute through the lens of Atuahene's notion of a “dignity taking,” this article argues that despite never having been relocated, the indignities that the Hopi have suffered by US dispossessions of much of their aboriginal territory are the product of a series of bureaucratic sleights of hand that only bear the mark of legality if one ignores history and denies the enduring right to self‐determination and sovereignty that Hopi have continuously claimed with regard to the totality of their aboriginal land.

Yuuyahiwa,

Ayamo Nuvatukya'ove'e.

Oo'oomawutu,

angqw puma naayuwasinaya,

pewi'i.

They are preparing themselves [for a journey],

Over there at the snow‐capped mountains [San Francisco Peaks].

The clouds,

From there, they are putting on their endowments [of rain power],

To come here.

A Hopi katsinam song recalled by Emory Sekaquaptewa (from Sekaquaptewa and Washburn, 2004, 468)

     

Book reviews and notes

SALE AND HIRE PURCHASE. By J. K. Macleod. [Butterworths. 1971. 449 pp. £4.50 (casebound); £3.20 (limp).]

THE MODERN LAW OF CHARITIES. By G. W. Keeton and L. A. Sheridan. Second Edition. [Northern Ireland Legal Quarterly Inc., Belfast. 1971. 389 pp. £5.95.]

INTRODUCTION TO COMPANY LAW. By J. F. Northey and L. H. Leigh. [Butterworths. 1971. 345 pp. (inc. index). £1.50.]

THE CONFLICT OF LAWS. By J. H. C. Morris. [Stevens & Sons. 1971. 570 pp. £5.00 (bound); £3.25 (paperback).]

AN INTRODUCTION TO ENGLISH LEGAL HISTORY. By J. M. Baker. [Butter‐worths. 1971. 330 pp. (inc. index). £2.00.]

A GUIDE TO THE INDUSTRIAL RELATIONS ACT 1971. By C. G. Heath. [Sweet & Maxwell, W. Green & Son. 1971. xx and 256 pp. (inc. index). £300.]

INDIVIDUAL EMPLOYMENT LAW. By B. A. Hepple and Paul O'Higgins. [Sweet & Maxwell. 1971. xxii and 203 pp. (inc. index). £3.50 (hardback); £2.25 (paperback).]

PRINCIPLES OF LOCAL GOVERNMENT LAW. By CA. Cross. Fourth Edition. [Sweet and Maxwell. 1971. lxvi and 518 and 32 pp. (index). £4.50 (bound); £2.50 (paperback).]

PERSONAL PROPERTY. By H. W. Wilkinson. [Sweet and MaxwelL 1971. £300 (hardback); £1.75 (paperback).]

ADVANCED LEVEL LAW. By Barry Jones. [Sweet & Maxwell. 1971. xvii and 157 pp. (inc. index). £1.75 (bound); £1.10 (paperback).]

THE ENGLISH LEGAL SYSTEM. By K. J. Eddey. [Sweet & Maxwell. 1971. vi and 191 pp. (inc. index). £2.50 (bound); £1.15 (paperback).]

QUESTIONS AND ANSWERS ON A LEVEL LAW. By Vincent Powell‐Smith. Second edition. [Butterworths, 1971. xiv and 174 pp. 80p.]

THE GENERAL PRINCIPLES OF LAW. By Clive Davies. [Sweet & Maxwell. 1972. xvi and 117 pp. 75p.]

GENERAL PRINCIPLES OF SCOTS LAW. By Enid A. Marshall. [W. Green & Son Ltd. 1971. xxi and 519 pp. (inc. index). £5 (bound); £3.50 (paperback).]

PRINCIPLES AND PRACTICE OF SCOTS LAW. By James W. Coull and Eric W. Merry. [Butterworth & Co. 1971. xxiv and 285 pp. (inc. index). £3 (limp); £4.60 (cased).]

ADMINISTRATION UNDER LAW. A Report by a Justice Committee under the Chairmanship of Keith Goodfeflow, Q.C. [Stevens & Sons. 1971. 39 pp. 75p.]

TANGLING WITH THE LAW. By F. A. R. Bennion. [Chatto & Windus Ltd., Charles Knight & Co. Ltd. 1970. vii and 158 pp. (inc. index and appendices). 75p (paperback); £1.50 (hardback).]

THE ENGLISH JUDGE. By Henry Cecil [Stevens & Sons. 1970. xi and 177 pp. (inc. index). £1.75.]

OCCUPIERS’ LIABILITY. By P. M. North. [Butterworth & Co. 1971. xxxviii and 238 pp. (inc. index). £3.60.]

WINFIELD AND JOLOWICZ ON TORT. By J. A. Jolowicz, with T. Ellis Lewis and D. M. Harris. Ninth edition. [Sweet & Maxwell. 1971. xlvii and 692 pp. (inc. index). £5.50 (hardback); £3.20 (paperback).]

CASES AND MATERIALS ON CONTRACT. By R. E. McGarvie, C. L. Pannam and P. J. Hocker. Second edition. [The Law Book Co., Australia. 1971. xl and 1,069 pp. (inc. index). £8.75 (hardback); £7.25 (paperback).]

AUSTRALIAN MERCANTILE LAW. By Sir Keith Yorston and Edward E. Fortescue. Fourteenth edition. By P. E. Powell. [Law Book Co., Australia. 1971. xxx and 678 pp. (inc. index). £5.50 (bound); £3.85 (paperback).]

SWEET & MAXWELL'S GUIDE TO A CAREER IN THE. LAW. Seventh edition. [1971. vii and 85 pp. (inc. index). £1.50 (hardback); 65p (paperback).]

STROUD'S JUDICIAL DICTIONARY. VOLUME 1, A.‐C. By John S. James. Fourth edition. [Sweet & Maxwell. 1971. xiv and 671 pp. £10.50.]

REVENUE LAW. By Barry Pinson. Fifth edition. [Sweet & Maxwell. 1971. lxvi and 641 pp. (inc. index). £5.75 (hardback); £3.30 (paperback).]

THE YEARBOOK OF WORLP AFFAIRS 1971. [Stevens & Sons, xvi and 343 pp. One. index). £500.]

THE MODERN LAW REVIEW: INDEX TO VOLUMES 1–33. [Stevens & Sons. 1971. ix and 118 pp. £2.50 (free to 1971 subscribers).]

ODGERS ON PLEADING AND PRACTICE. By G. F. Harwood. Twentieth edition. [Stevens & Sons. 1971. xlii and 555 pp. (inc. index). £4.25.]

ATTACHMENT OF EARNINGS. By M. R. Freedland. [Jordan & Sons. 1971. ix and 33 pp. (with Appendix, 30 pp.). 75p.]

SOUND INVESTMENT. By P. G. P. DEW. Third edition. [Jordan & Sons. 1971. vii and 37 pp. 40p.]     

Does Fault Matter?

In this article, I try to go beyond the traditional objections to strict liability public welfare offenses and confront other possible justifications for punishing non-culpable conduct. Specifically, I consider the following arguments:

• Penalties for public welfare offenses are punishment by name only, thus traditional justifications for punishment are not needed;
• Even if those penalties are punishment, punishing those who produce or threaten significant harm to others is not necessarily unjust; and
• Even if such punishment is not entirely just, it is consistent with other widely accepted criminal law doctrines.

     

The security of network systems — A review

Organisations in both business and government face a considerable risk from inadequately secured information systems. In recognition of these risks, Directorate-General XIII (Telecommunications, Information Industries and Innovation) of the Commission of the European Communities commissioned a series of projects to examine security issues in the use of information technology. The results of one of these studies, concentrating on the security of network systems, is reviewed below.It was an objective of the study that its results should be seen as definitive, authoritative and applicable across the European Community as a whole. In order to meet this objective, the study, led by Coopers & Lybrand, drew upon the skills and experience of 44 organisations in seven European countries, including:

• •⊎ Coopers and Lybrand practices in France, Germany, Italy, the Netherlands and the United Kingdom;
• •⊎ Admiral Management Services Ltd;
• •⊎ The Commission of the European Communities;
• •⊎ 17 vendors of IT products and services in five European countries;
• •⊎ 20 major users of network systems in seven European countries.

In particular, the study benefited from detailed case studies in each of the 20 large and sophisticated users of network systems and from assessments of 27 security products from twelve IT vendors.     

Dimensions of innovation

Within a conceptual framework of three dimensions, this paper examines parallels between the process of innovation in ship-building and in nursing care. Major conclusions are:

1. A given innovation must include not only technological change but also embedding activities to ensure its fit into the adopting organization.
2. To ensure continuation of the innovating process, it is necessary to build innovative capacity, with leadership vested in some person or group.
3. System-wide innovation requires both an effective diffusion process and diffusion capacity, to disseminate knowledge about specific innovations and also about ways to build innovative capacity.
4. Building both innovative capacity and diffusion capacity must be seen as responsibilities of the entire organization or system.

     

Grace,gold, or glory? Exploring incentives for invention disclosure in the university context

What motivates university scientists to identify practical applications for their research results and consider having them patent-protected? A wealth of research points towards a complex blend of factors, including organizational antecedents, social norms and personal-level expectations. Few studies, however, have attempted to investigate the effect of concrete incentives from the perspective of individual scientists’ decision-making. In this paper, we operationalize the propensity to patent and commercialize research results as the intention to submit an invention disclosure filing. We use scenario-based conjoint analysis to capture university scientists’ preference structures for different incentive policies. Results indicate that direct and indirect financial incentives are dominant drivers. In addition, a grace period that would allow for patenting and publishing in parallel and the inclusion of patents in academic performance assessments are worth considering, whereas the specific setup of the technology transfer organization and public recognition of achievements in form of an award appear to have limited effect. However, preferences for incentives and hence their effectiveness vary significantly across academic disciplines and ranks as well as with scientists’ working experience, patenting experience and research orientation. On this basis, we can derive more qualified recommendations for incentive system design.     

Book reviews and notes

TRUSTS AND TRUSTEES: CASES AND MATERIALS. By R. H. Maudsley and E. H. Burn. [Butterworths. 1972. 660 pp. (inc. index). £6.60 (cased); £4.60 (limp).]

LABOUR AND THE LAW. By O. Kahn‐Freund. [Stevens. 1972. xii + 270 pp. £1.80.]

PRINCIPLES OF LABOUR LAW. By R. W. Rideout. [Sweet & Maxwell. 1972. xxxii+422 pp. £5.25 (hardback); £3.50 (paperback).]

BRITISH GOVERNMENT TODAY. By B. Jones. [Sweet & Maxwell. 1972. xv and 236 pp. £2.00 (hardback); £1.00 (paperback).]

THE LAW OF THEFT. By J. C. Smith. Second edition. [Butterworths. 1972. xxvii and 241 pp. (inc. index). £5.50 (hardback); £3.00 (limp).]

THE LAW OF TORTS. By John G. Fleming. Fourth edition. [Law Book Co. 1971. xlviii and 670 pp. (inc. index). £7.25 (bound); £4.75 (paperback).]

STREET ON TORTS. Fifth edition. [Butterworths. 1972. lxxxvii and 524 pp. (inc. index). £3.20 (paperback).]

TORT. By C. D. Baker. [Sweet & Maxwell. 1972. xxii and 295 pp. (inc. index). £2.50 (hardback); £1.60 (paperback).]

SELECTED STATUTES FOR BAR EXAMINATIONS: I. [Butterworths. 1972. vii and 360 pp. £2.00.]

LEGAL PROBLEMS OF AN ENLARGED EUROPEAN COMMUNITY. Edited by M. E. Bathurst and others. [Stevens & Sons. 1972. xix and 369 pp. (inc. index). £6.75.

VAT—A CONCISE GUIDE. By H. H. Mainprice. [VAT Planning & Publications Ltd., Crusader House, 14 Pall Mall, London. 1972. vii and 67 pp. 45p.]

CLARKE HALL AND MORRISON'S LAW RELATING TO CHILDREN AND YOUNG PERSONS. By L. Goodman. Eighth edition. [Butterworths. 1972. xlix and 1366 pp. (inc. index). £12.00 (£9.00 for members of B.A.S.W. and N.A.P.O.).]

INTRODUCTION TO ADMINISTRATIVE LAW. By David Foulkes. Third edition. [Butterworths. 1972. xx and 290 pp. (inc. index). £4.20 (hardback) ; £2.80 (paperback).]

INTRODUCTION TO ENGLISH LAW. By Philip S. James. Eighth edition. [Butterworths. 1972. xxxv and 482 pp. (inc. index). £3.00 (hardback); £1.20 (paperback).]

INTRODUCTION TO JURISPRUDENCE. By Lord Lloyd of Hampstead. Third edition. [Stevens. 1972. xxxix and 873 pp. (inc. index). £5.00 (paperback).]

THE MAKING OF BUSINESS CONTRACTS. By A. Harding Boulton. Second edition. [Sweet & Maxwell. 1972. xiv and 220 pp. (inc. index). £3.50 (hardbound) ; £1.95 (paperback).]

INTRODUCTION TO CRIMINAL LAW. By Rupert Cross and Philip Asterley Jones. Seventh edition. [Butterworths. 1972. xlix and 430 pp. £4.20 (cased) ; £2.60 (limp).]

ESSAYS ON CRIMINAL LAW IN NEW ZEALAND. Edited by R. S. Clark. [Sweet & Maxwell. 1971. 224 pp. £3.50 (hardback); £2.50 (paperback).]

EXECUTORSHIP LAW AND ACCOUNTS. By J. N. R. Taylor. [Macdonald & Evans. 1972. xv and 159 pp. (inc. index). 55p.]

PHIPSON'S MANUAL OF THE LAW OF EVIDENCE. By D. W. Elliot. Tenth edition. [Sweet & Maxwell. 1972. xxxvi and 338 pp. (inc. index). £3.50 (hardbound); £2.75 (paperback).]

STROUD'S JUDICIAL DICTIONARY. VOLUME 2, D.‐H. By John S. James. Fourth edition. [Sweet & Maxwell. 1972. xvi and 601 pp. £10.50.]

A HISTORY OF ENGLISH LAW. By Sir William Holdsworth. Volume XVII: General Index. By John Burke. [Methuen /Sweet & Maxwell. 1972. 551 pp. £8.00.]

CLERK AND LINDSELL ON TORTS: THIRD CUMULATIVE SUPPLEMENT TO THE THIRTEENTH EDITION. [Sweet & Maxwell. 1972. £1.75.]

WHILLAN'S TAX TABLES AND TAX RECKONER 1972–73. By George Whillans. Twenty‐fifth edition. [Butterworths. 1972. 23 pp. 70p.]

CASEBOOK ON COMPANY LAW. By R. S. Sim. Third Edition. [Butterworths. 1971. 382 pp. £1.60.]

THE CRIMINAL JURISDICTION OF MAGISTRATES. By Brian Harris. [Justice of the Peace Ltd. 1969. xlviii and 365 pp. (inc. index). 1970 Supplement, x and 38 pp. £6.]

BUTTERWORTHS’ MATRIMONIAL LAW STATUTES. [Butterworths. 1971. 547 and (index) 20 pp. £4.20 (casebound); £2.20 (limp).]

DIVORCE AND FAMILY LAW WITH TEST QUESTIONS IN A NUTSHELL. By L. McGuiness and G. O'Connor. [Sweet & Maxwell. 1971. xiii and 103 pp. 75p.]

THE COMPANY DIRECTOR. By Alfred Read. Fourth Edition. [Jordan & Sons Ltd. 1971. xxxi and 232 pp. £2.10.]

JURISPRUDENCE IN A NUTSHELL. By Charles Conway. [Sweet & Maxwell. 1971. vii and 69 pp. 60p.]

CONVEYANCING WITH TEST QUESTIONS IN A NUTSHELL. By Peter Kleiner. [Sweet & Maxwell. 1971. xiii and 134 pp. 80p.]

LAW AS FACT. By Karl Olivecrona. Second Edition. [Stevens & Sons. 1971. vii and 320 pp. £3.75.]

HANBURY'S MODERN EQUITY: SUPPLEMENT TO THE NINTH EDITION. By R. H. Maudsley. [Stevens & Sons. 1971. 14 pp. 25p.]

A PRACTICAL GUIDE TO APPEALS IN CRIMINAL COURTS. By Peter Morrish and Ian McLean. [Sweet & Maxwell. 1971. xxxv and 153 pp. (inc. index and appendices) £2.25.]

BUILDING AND CIVIL ENGINEERING STANDARD FORMS: FIRST SUPPLEMENT. By I. N. Duncan Wallace. [Sweet & Maxwell. 1970. 39 pp. 50p.]

EVIDENCE. By Richard Clayton. [Sweet & Maxwell. 1970. xii and 72 pp. 60p.]     

Translating Lexical Legal Terms Between English and Arabic

Legal translation between English and Arabic is under researched. However, the growing need for it, due to immigration and asylum seeking, among other reasons, necessitates the importance of more research. The asymmetry between English and Arabic poses many difficulties for legal translators, be they linguistic-based, culture-specific or system-based. The aim of this research is to discuss ways of translating lexical items between English and Arabic. In this current discussion I will present, exemplify and analyse the common difficult areas of translating English/Arabic legal texts and suggest ways of dealing with them. These areas involve culture-specific and system-based terms, archaic terms, specialised terms and doublets and triplets. With this aim in mind, the paper answers the following research questions:

1. 1.
   What are the common difficulties of translating legal texts between English and Arabic?
    
2. 2.
   What are the common lexical difficulties between English and Arabic legal texts?
    
3. 3.
   What are the procedures of translating lexical legal terms between English and Arabic?
    

The paper concludes that translating the above-mentioned lexical terms requires expertise, professional training, robust knowledge of the linguistic and legal systems of languages, as well as up-to-date electronic dictionaries and well-defined parallel corpora.

     

An examination of handwritten signatures forged using photosensitive signature stamp

Signature examination is the most common examination performed by any document examiner. Determination of the authenticity of a handwritten signature on a questioned document is an important task for forensic document examiners in the forensic science field. As a result of continuous developments in technology, a signature stamp can now be created using a photosensitive seal to enable the reproduction of a handwritten signature. These stamps are commonly used in China and several other countries. In this study, 10 types of black photosensitive stamp-pad ink, 10 brands of fountain pen ink, 15 types of black gel ink and six types of black erasable gel ink found on the Chinese domestic market were collected and 10 photosensitive signature stamps were created using the signatures of 10 people. Microscopic analysis, infrared (IR) and fluorescence analyses and microspectrophotometry (MSP) techniques were used to examine the resulting photosensitive signature stamp impressions when applied to printing papers, writing papers and invoice papers. By comparing the printing and spectral characteristics of the photosensitive signature stamp impressions with those of the signatures executed using the fountain pens, gel pens and erasable gel pens, it was possible to determine whether each signature was written or stamped using a photosensitive signature stamp. To validate these results, a 96.7% absolute accuracy and a 99.3% detection rate were achieved over a total of 150 blind tests conducted by five forensic document examiners, thus demonstrating that a combination of the four analysis methods used in this work can provide a more scientific approach and improve the accuracy and the detection rate of the examination process.

KEY POINTS

• A signature stamp is a photosensitive seal made in the style of a handwritten signature.
• Although microscopic analysis can usually provide better examination results, a comprehensive examination method that includes microscopic analysis and ink composition analysis is required to improve the accuracy and the detection rate of the examination process.
• This study collected and tested photosensitive stamp-pad inks, fountain pen inks, gel inks and erasable inks.
• Infrared and fluorescence analyses and microspectrophotometry were able to distinguish the photosensitive ink from both erasable ink and fountain pen ink.

Supplemental data for this article are available online at https://doi.org/10.1080/20961790.2021.1898755.     

The DutchAlgemene Rekenkamer and its role in light of practical experience

TheAlgemene Rekenkamer functions in the area around government and parliament. This chapter focuses on two questions: How does theRekenkamer ascertain loss of efficiency and effectiveness within government, and how does theRekenkamer restrict loss of efficiency and effectiveness within its own organization?

The goal of theRekenkamer is to provide parliament with reasonable assurances of the validity of expenses incurred and to promote the efficiency of the ministries and the effective spending of state funds. TheRekenkamer pursues a policy aimed at achieving these goals. Some central elements in this active policy are

• ? An independent position,

• ? Optimum reliability,

• ? Strategic planning,

• ? Both regularity and performance audits.

• ? The political and social relevance of research subjects, and

• ? Dialogue between parliament and theRekenkamer.

With regard to the audit theory of W.J. Van Braband, some suggestions for improvement are given.

     

Drawing the Necessary Line: A Review of Dating Domestic Violence Statutes around the United States

Orders of protection help combat dating violence by ensuring a period of separation between the victim and the abuser. The prevalence of dating violence is similar to that of spousal abuse and the effects on the nonmarried victims are just as severe. Some jurisdictions in the United States do not offer victims in dating relationships protective orders and two states restrict orders for same‐sex couples only. Other state statutes are inadequate. A uniform statute that permits participants in dating relationships access to protective orders should be implemented across the country.

Key Points for the Family Court Community:
• See and understand the changes in dating domestic violence statutes
• Up to date as of 2011 with 2012 amendments to state statutes

     

Some principles of Pānini's grammargrammar

The following principles are seen to operate in the rules Pānini provides for Sanskrit grammar.

1. The obvious principle that the introduction of affixes and augments which condition sound replacements necessarily precede the latter.
2. Bracketing, whereby an operation whose condition is internal relative to a condition causing another operation applies prior to the latter.
3. The derivational prehistory of a form is pertinent to the operations which apply to it.
4. Blocking: a rule R₂ is said to block an R₁ if, in a given domain, R₁ tentatively applies (and would apply in the absence of R₂) wherever R₂ can apply, while R₂ would be vacuous if R₁ applied.
5. Limited blocking, which obtains where R₁ and R₂ overlap but also have independent domains of application.

These principles account for correct derivations in cases where post-Paninian grammarians invoked rule order: where two rules conflict, that one takes precedence which is stated later in the grammar. This principle is not generally tenable, since some derivations require that a rule stated previously in the grammar take precedence. Hence, the grammarians who invoke such rule ordering in cases of conflict must admit that only a knowledge of the correct results to be obtained by applying the rules allows one to correctly apply the rules in the first place. It is argued that Pānini avoided this weakness.     

Book notices

LAW AT WORK SERIES. General Editor, Paul O'Higgins. [Sweet &; Maxwell. 1980. £1.95 each.]

GOING TO LAW, by John McIlroy

TRADE UNIONS, by Richard Kidner

UNION MEMBERS, by Gillian Morris

SAFETY REPRESENTATIVES, by Roger Benedictus

EMPLOYMENT CONTRACTS, by Ian Smith

WAGES AND SALARIES, by Gerry Rubin

LAW OF EMPLOYMENT. Third Edition. By N. M. Selwyn. [Butterworths. 1980. 388 pp. (inc. appendices). £8.95.]

MODERN EMPLOYMENT LAW. Third Edition. By M. Whincup. [Heinemann. 1980. 305 pp. (inc. appendix). £8.50.]

NATHAN AND MARSHALL ‐ CASES AND COMMENTARY ON THE LAW OF TRUSTS. Seventh Edition. By D. J. Hayton. [Stevens. 1980. xxxix and 736 pp. (inc. index). £16.50.]

LAW OF TRUSTS. Second Edition. By L. B. Curzon. [Macdonald and Evans. 1980. xxxi and 316 pp. (inc. index). £4.50.]

CEDRIC D. BELL.

LAW AND ACCOUNTS OF EXECUTORS, ADMINISTRATORS AND TRUSTEES. Twentieth Edition. By B. G. Vickery. [Cassell. 1980. 371 pp. including glossary and answers to exercises, plus 6 pp. tables. £8.95.]

PROBATE PRACTICE AND PROCEDURE. By A. K. Biggs and A. P. Rogers. [Fourmat Publishing. 1980. 157 pp. inc. 35 pp. precedents, 7 pp. index and 8 pp. contents. £6.95.]

CONVEYANCING OF FREEHOLD PROPERTY. By Phyllis E. Newman. [Fourmat Publishing. 1980. 53 pp. inc. list of forms and index, plus 7 pp. tables, etc. £3.95.]

CONVEYANCING LAW. By P. H. Kenny and C. M. Bevan. [Macdonald &; Evans. 1980. 284 pp. inc. glossary, bibliography, note on examination technique, and index, plus 14 pp. tables, etc. £3.50.]

FINANCIAL MANAGEMENT FOR SOLICITORS. David S. Porter with Sir Desmond Heap. [Waterlow Cassettes. 1980. One hour running time, available only from publishers. £7.50 plus VAT and p&;p.]

REMEDIES FOR BREACH OF CONTRACT. By Hugh Beale. [Sweet &; Maxwell. 1980. xxiv and 248 pp. (inc. index). £10.85 (hardback); £7.40 (paperback).]

CONSUMER LAW. By M. J. Leder. [Macdonald and Evans. 1980. xxiv and 208 pp. (inc. index). £2.50.]

THE LAW AND PRACTICE OF COMPROMISE. By David Foskett. [Sweet &; Maxwell. 1980. 198 pp. inc. 19 pp. precedents and 6 pp. index, plus 22 pp. tables, etc. £18.50.]

CONSTITUTIONAL FUNDAMENTALS. By H. W. R. Wade. [Stevens &; Sons. 1980. x and 83 pp. (inc. index). £3.35.]

CONSTITUTIONAL LAW. By Lynda Banks. [Sweet &; Maxwell. 1980. vii and 84 pp. (inc. index). £1.50.]

DE SMITH'S JUDICIAL REVIEW OF ADMINISTRATIVE ACTION. Fourth Edition. By J. M. Evans. [Stevens, lxviii and 626 pp. (inc. index). £24.00.]

LAW AND SOCIETY IN ENGLAND. By B. Roshier and H. Teff. [Tavistock Publications Ltd. 247 pp. (inc. index). £4.95.]

JUSTICE AND WELFARE IN DIVORCE. By M. Murch. [Sweet &; Maxwell. 1980. viii and 307 pp. (inc. index). £10.75.]

SWEET &; MAXWELL'S SOCIAL WORK STATUTES. Edited by Richard M. Jones. [Sweet &; MaxwelL vii and 168 pp. (inc. index). £4.60.]

COMPANIES ACTS. Editor Maurice Kay. [Sweet &; Maxwell. 1980. 561 pp. (inc. index). £10.50.]

COMPANY LAW HANDBOOK. Editor Keith Walmsley. [Butterworths. Second edition. 1980. ix and 705 pp. (plus index). £11.96.]

HARRAP'S GERMAN AND ENGLISH GLOSSARY OF TERMS IN INTERNATIONAL LAW. By G. Gilbertson. [Harrap Books. 1981. xi and 355 pp. £25.00.]     

A decision support system model for technology transfer

Technology transfer is the process by which technology originating at one institutional setting is adapted for use in another. A major impediment to the implementation of new technologies to assist with mangerial decision-making problems is a lack of communication between the technology and management communities. Development of a tool designed to bridge the technology transfer gap was the goal of this research. The result is a prototype software package which may be used on an interactive computer terminal by a manager for assistance in designing a decision support system (DSS). The four primary research tasks were:

1. Develop a conceptual model of the DSS design process.
2. Select and adapt, or create, appropriate software to mechanize the model.
3. Develop a knowledge base to describe the interactiveness of various organization variables and managerial decision-making needs.
4. Collect and analyze interview data and implement resultant production rules on the model.

Tasks 1 and 2 were accomplished first to establish the feasibility of this effort. An interview instrument was developed for Task 3. And, corporate managers from several firms were interviewed to accomplish Task 4. Using this data, a prototype production rule model (called DECAIDS for DECISION AIDS) was constructed which supports managerial decision-making from the EMYCIN production rule system used at Stanford University. The purpose of this article is to introduce the need for a Decision Support System Model. A complete copy of this research can be obtained through University Microfilms International, 300 N. Zeeb Road, Ann Arbor, Michigan 48106, from the Naval Postgraduate School, Monterey, California 93940, or the Defense Technical Information Center, Cameron Station, Alexandria, Virginia 22314. The title is “An Interactive Decision Support System for Technology Transfer Pertaining to Organization and Management”, 1980.     

Crime,Employment and Social Welfare: An Individual-Level Study on Disadvantaged Males

Objectives

We seek evidence for economic and social mechanisms that aim to explain the relationship between employment and crime. We use the distinctive features of social welfare for identification.

Methods

We consider a sample of disadvantaged males from The Netherlands who are observed between ages 18 and 32 on a monthly time scale. We simultaneously model the offending, employment and social welfare variables using a dynamic discrete choice model, where we allow for state dependence, reciprocal effects and time-varying unobserved heterogeneity.

Results

We find significant negative bi-directional structural effects between employment and property crime. Robustness checks show that only regular employment is able to significantly reduce the offending probability. Further, a significant uni-directional effect is found for the public assistance category of social welfare on property offending.

Conclusion

The results highlight the importance of economic incentives for explaining the relationship between employment and crime for disadvantaged individuals. For these individuals the crime reducing effects from the public assistance category of social welfare are statistically equivalent to those from employment, which suggests the importance of financial gains. Further, the results suggest that stigmatizing effects from offending severely reduce future employment probabilities.

     

Technology spillovers and stability of international climate coalitions

Cooperation in international environmental agreements appears difficult to attain because of strong free-rider incentives. This paper explores how different technology spillover mechanisms among regions can influence the incentives to join and stabilise an international agreement. We use an applied modelling framework (STACO) that enables us to investigate the stability of partial climate coalitions. Several theories on the impact of technology spillovers are evaluated by simulating a range of alternative specifications. We find that spillovers are a good instrument to increase the abatement efforts of coalitions and reduce the associated costs. In our setting, however, they cannot overcome the strong free-rider incentives that are present in larger coalitions, i.e. technology spillovers do not substantially increase the success of international environmental agreements. This conclusion is robust with respect to the specification of technology spillovers.

Taxation,money, and credit,in a liberalizing socialist economy

Understanding the system of financial control in the pre-existing régime of ‘classical’ socialism is a key to understanding what might go wrong in the transition. Accordingly, this paper proceeds in four steps by examining:

1. how domestic fiscal and monetary processes complement central planning in the classical socialist economy;
2. why this mechanism for securing domestic financial control under classical socialism tends to break down naturally into inflation when decentralization begins and central planning though direct materials balancing is weakened;
3. how, in a more deliberate transition, domestic tax and monetary arrangements might be better managed to keep the price level stable as prices of individual goods and services are freed; and
4. how, in moving toward free foreign trade, explicit policies governing tariffs and foreign exchange convertibility could best parallel and complement the evolving restraints on money and credit in domestic commerce.

In effect, moves to dismantle the apparatus of central planning, decontrol prices, privatize property, and so on need to be supported by a proper sequence of fiscal, monetary and foreign exchange measures-as analyzed more fully in the author's new bookThe Order of Economic Liberalization. In this short essay, a summary outline of such a financial order is provided.     

Problems in the measurement of dynamic risk factors in sexual offenders

ABSTRACT

Having valid and reliable tools to measure ‘dynamic’ risk factors and minimising assessor bias is said to be critical in helping to make decisions regarding how individuals convicted of committing crime should be managed and treated, and how resources within the Justice System should be prioritised. This article outlines the problems and issues associated with the measurement of such putative dynamic risk factors (see Ward, 2015 Ward, T. (2015). Dynamic risk factors: Scientific kinds or predictive constructs. Psychology, Crime and Law, 22(01-02), 2–16. [Google Scholar] [Dynamic risk factors: Scientific kinds or predictive constructs. Psychology, Crime and Law.], 22(1–2), 2–16], this volume for a critique of current conceptions of these), and suggests ways of ensuring that measurement is conducted in the most appropriate way for the population being dealt with. Specifically, we would note that the evidence suggests that psychometric analysis, and structured professional judgment can be used to measure dynamic psychological problems using some tools within some samples. However, their use can be hindered by a number of conceptual factors including how the tests are designed and used, their reliability and validity, the context in which they are used, and the samples used. Finally, we would note that interviews are also an important part in the process of dynamic assessment.