Reconciling Independence and accountability at the European Central Bank: The false promise of Proceduralism

This article revisits the balancing act between independence and accountability at the European Central Bank (ECB). It contrasts procedural and substantive concepts of accountability, and challenges the mainstream idea that independence and accountability can be reconciled through narrow mandates, the indiscriminate increase of transparency, the creation of multiple channels of accountability, and the active use of judicial review. These assumptions form the pillars of a procedural type of accountability that promises to resolve the independence/accountability dilemma but fails to do so in practice. The article brings evidence to show how ECB accountability has become a complex administrative exercise that focuses on the procedural steps leading up to monetary and supervisory decisions while simultaneously limiting substantive accountability. The failure to acknowledge the trade‐off between independence and accountability (said to be ‘two sides of the same coin’) has resulted in a tendency to privilege the former over the latter.     

Preliminary results of an investigation on postmortem variations in human skeletal mass of buried bones

Extreme fragmentation can complicate the inventory of human skeletal remains. In such cases, skeletal mass can provide information regarding skeleton completeness and the minimum number of individuals. For that purpose, several references for skeletal mass can be used to establish comparisons and draw inferences regarding those parameters. However, little is known about the feasibility of establishing comparisons between inherently different materials, as is the case of curated reference skeletal collections and human remains recovered from forensic and archaeological settings. The objective of this paper was to investigate the effect of inhumation, weather and heat exposure on the skeletal mass of two different bone types. This was investigated on a sample of 30 human bone fragments (14 trabecular bones and 16 compact bones) that was experimentally buried for two years after being submitted to one of four different heat treatments (left unburned; 500?°C; 900?°C; 1000?°C). Bones were exhumed periodically to assess time-related mass variation. Skeletal mass varied substantially, decreasing and increasing in accordance to the interchanging dry and wet seasons. However, trends were not the same for the two bone types and the four temperature thresholds. The reason for this appears to be related to water absorption and to the differential heat-induced changes in bone microporosity, volume, and composition. Our results suggest that mass comparisons against published references should be performed only after the skeletal remains have been preemptively dried from exogenous water.     

Y-STRs in forensic medicine: DNA analysis in semen samples of azoospermic individuals

ABSTRACT: The incidence of rape has increased, especially in metropolitan areas, such as the city of São Paulo. In Brazil, studies about it have shown that the majority of this type of crime is committed by the relatives and persons close to the victim. This has made the crime more difficult to be denounced, as only 10% of the cases are reported to competent police authorities. Usually, cytological exams are carried out in sex crime investigations. The difficulty in showing the presence of spermatozoa is frequent, but it does not exclude the presence of male DNA. The absence of spermatozoa in material collected from rape victims can be due to several factors, including the fact that the agressor suffers from azoospermia. This condition can be the result of a successful vasectomy. As the majority of DNA in the ejaculation sample is from spermatozoa, there is much less DNA to be analyzed. This study presents the application of Y‐STRs (DYS19, DYS389I, DYS389II, DYS390, DYS391, DYS392, and DYS393) in DNA analysis of sperm samples from 105 vasectomized men. The study demonstrated a great variation in DNA concentration. DNA extraction and amplification was possible in all sperm samples even in the absence of spermatozoa. The same profile was observed, for each individual, from DNA extracted from blood, pre‐ and postvasectomy semen samples. The use of markers specific for Y chromosome in sex crime cases, especially in the absence of spermatozoa, is very important, mainly because in most situations there is a small quantity of the agressor's DNA in the medium and a large quantity of the victim's DNA.     

Soil forensics: How far can soil clay analysis distinguish between soil vestiges?

Soil traces are useful as forensic evidences because they frequently adhere to individuals and objects associated with crimes and can place or discard a suspect at/from a crime scene. Soil is a mixture of organic and inorganic components and among them soil clay contains signatures that make it reliable as forensic evidence. In this study, we hypothesized that soils can be forensically distinguished through the analysis of their clay fraction alone, and that samples of the same soil type can be consistently distinguished according to the distance they were collected from each other. To test these hypotheses 16 Oxisol samples were collected at distances of between 2 m and 1.000 m, and 16 Inceptisol samples were collected at distances of between 2 m and 300 m from each other. Clay fractions were extracted from soil samples and analyzed for hyperspectral color reflectance (HSI), X-ray diffraction crystallographic (XRD), and for contents of iron oxides, kaolinite and gibbsite. The dataset was submitted to multivariate analysis and results were from 65% to 100% effective to distinguish between samples from the two soil types. Both soil types could be consistently distinguished for forensic purposes according to the distance that samples were collected from each other: 1000 m for Oxisol and 10 m for Inceptisol. Clay color and XRD analysis were the most effective techniques to distinguish clay samples, and Inceptisol samples were more easily distinguished than Oxisol samples. Soil forensics seems a promising field for soil scientists as soil clay can be useful as forensic evidence by using routine analytical techniques from soil science.     

“We Are the Visible Proof”: Legitimizing Abortion Regret Misinformation through Activists’ Experiential Knowledge

Since 2010, many abortion policies emerging at the state level have been designed around the idea of “abortion regret,” a scientifically discredited assertion that abortion causes long‐term health problems for women. Studies have examined the legal significance of regret claims in case law as well as the role scientific misinformation and uncertainty play in the policy process. However, scholars have given less attention to the intersection between abortion regret experiences and misinformation. We address this gap in the literature by examining how antiabortion activists' experiential knowledge continues to reinforce and legitimize misinformation contained in state policies. We explore the process of substantiating abortion regret misinformation by attaching it to activists' experiential expertise. Based on twenty‐three interviews with antiabortion activists, we argue that misinformation receives validation through the certainty of experiential knowledge, which activists mobilize around and use as a source of evidence in the policy process.     

China's ‘win-win’ cooperation: Unpacking the impact of infrastructure-for-resources deals in Africa

This paper discusses China's use of infrastructure-for-resources loans in Africa as a win–win economic cooperation tool. This formula, offering generous loans for infrastructure in exchange for resource access, came into being largely as a default cooperation tool, inspired by China's own domestic experience, its competitive advantages and Africa's receptivity to this kind of barter deal. Embodying the principle of mutual benefit, China has consistently combined the extension of financial assistance for infrastructure construction in Africa with the expansion of Chinese business interests and the pursuit of resource security goals. The analysis focuses on whether this instrument is actually promoting African development or fuelling instead China's economic growth at the expense of African economies. The author argues that the impact has been mixed. Although there are some meaningful positive signs, many challenges persist, and as such the long-term developmental impact of this particular tool remains uncertain. The responsibility to ensure a positive outcome rests, however, on the African side as much as on China.     

Discussion Content and Perception of Deliberation in Western European Versus American Juries

Jury research has dealt almost exclusively with the American system wherein 6-12 laypersons decide verdicts under a unanimity or non-unanimity rule. However, most Western European countries follow the escabinado system, in which laypersons and judges together decide verdict and sentence, under a non-unanimous rule. We experimentally compared the processes and outcomes of both types of juries. Under the guise of a Student Judicial panel, seven undergraduate students in Spain comprised 10 juries, whereas five undergraduates and two fifth-year Law students comprised 10 escabinado juries. We assessed pre- and post-discussion verdict, penalty, and confidence, discussion content, and subjective reactions to the discussion and outcome. Escabinado jury deliberations were driven by the imbalance of power between trained and lay jurors. Escabinado and lay juries differed in their perception of the deliberation but not in their outcomes. Implications for the impact of cultural differences and task requirements in jury decision-making are drawn.     

Ideological Congruence among European Political Parties

Do European political parties represent the ideology of their voters well? This research aims to provide an empirical appreciation of the levels to which Members of Parliament (MPs) ideologically represent their electorate within political parties in 12 European countries. The variable used is left–right self-placement and representation is measured through congruence. Three main hypotheses are tested. First, MPs express greater ideological extremism than voters. Second, MPs have biased perceptions on the positioning of their electorate. Third, New Left parties exhibit higher levels of representation than the other parties. This article's findings reveal that only the second hypothesis can be supported without restrictions.     

Women's interpretations of the right to legal abortion in Mexico City: citizenship,experience and clientelism

In April 2007, after a period of intense social debate, the Mexico City Legal Assembly legalized abortion during the first 12 weeks of pregnancy, which was an unprecedented development in women's rights in Mexico. Within the context of a proliferation of public discourses about women's citizenship rights changes in women's social status in Mexico, this article explores the extent to which the newly legalized character of abortion is interpreted by women as a right. Drawing on 24 interviews with women who had a legal termination of pregnancy between 2008 and 2009, this research shows that legalization opens up new and complex relationships between women as subjects of rights and the state. Such relationships are expressed as three discursive figures: legal abortion (1) as a concession from the government, (2) as ‘excessive’ tolerance by the state, and (3) as a right to be protected and guaranteed. The analysis shows that women's interpretations of the right to legal abortion are mediated by profound transformations, which Mexican society is currently undergoing. These include changes related to a shift from a clientist political culture to one more framed in terms of citizenship, the subjective effects of family planning policies, and their ambivalent relationships with Catholic notions of women and motherhood, and the effects of feminist discourses of women's citizenship, abortion, and reproductive rights.