Importance of radiological diagnosis applied to necroscopy

The authors evaluate the consequences of incomplete necroscopic examinations wherein it was impossible to apply radiological resources to locate firearm projectiles. The study includes 8185 reports from the Instituto Médico-Legal Afranio Peixoto in Rio de Janeiro, Brazil, representing the totality of corpses processed from January to December 2001; of these, 3122 were gunshot victims, 309 of which were buried with unremoved projectiles, being liable to future judicial reappraisal. During the same period, there were 23 exhumation requests by police authorities, 12 of them querying the existence of projectiles. The authors looked into the formal reasons assumed by the medico legal experts to conclude their reports from incomplete examinations, and suggest that gunshot necroscopic examinations should follow specific protocols, as incomplete autopsies will require further exhumations, at unnecessary additional costs.     

Corporate governance and financial development: a study of the French case

This paper belongs to the growing body of the “Law and finance” literature based on time-series study. It carries out an empirical investigation of the role of corporate governance in financial development. We focus on French corporate governance reforms in order to examine whether these reforms are consistent with the reorganization of the French financial system, which took place during the period 1977–2004. This research aims at evaluating one proposition of the legal origin claims based on the idea that there is a strong and stable relationship between legal origin, investor protection and financial system. A key question the study addresses is how corporate governance rules and the French financial development have changed over time. Our study suggests that indicators related to investors’ rights (shareholders, employees, and bondholders) have been increasing over time, despite the specific legal origin of the French system. On the contrary the creditors’ rights have followed a less clear trend. Our econometric investigation is fairly new as the Law and finance literature has not until now provided corporate governance indicators suitable for French legislation. From that perspective, our work undergoes a multiple criteria analysis of corporate governance reforms. Following this approach, we suggest that the causality links between changes in the French legal environment and financial growth in France are more bidirectional than unidirectional.     

Economic incongruities in the European patent system

This article suggests that the consequences of the ??fragmentation?? of the European patent system are more dramatic than the mere prohibitive costs of maintaining a patent in force in many jurisdictions. The prevalence of national jurisdictions, which are highly heterogeneous in their costs and practices, over the validity and enforcement of European patents, induces a high level of uncertainty and an intense managerial complexity which reduce both the effectiveness and the attractiveness of the European patent system in its mission to stimulate innovation.     

The inverse relation between psychopathy and faking good: not response bias,but true variance in psychopathic personality

The possibility to assess psychopathy through self-report is debated, amongst others, because psychopathic individuals may deliberately underreport psychopathic features (fake good). Meta-analytic research has shown an inverse relation between faking good and self-reported psychopathy, possibly indicating that faking good lowered psychopathy scores (response bias). Low faking good scores, could, however, also reflect true variance in psychopathic personality to the extent that it reflects a disregard of social conventions. Through a secondary analysis (n = 675), we show that controlling for faking good significantly weakens, rather than strengthens, the associations between psychopathy scores and antisocial behavior (alcohol and drug abuse, indirect aggression, and delinquency). These findings indicate that the inverse relation between faking good and self-reported psychopathy reflects true variance in psychopathy personality (i.e. low social desirability), not a response bias.     

The Advantages of Proximity: Comparing Higher Education Policy in Scotland and Catalonia

The article claims that, following devolution, increased proximity will increase policy capacity by changing the form of policymaking and providing greater scope for policy tailoring. The hypothesis is tested against devolution of higher education responsibility in Scotland and Catalonia. Results show that devolution did not entail the development of the same form of policymaking in the two regions, but it nonetheless permitted the implementation of policies and tools that were both in contrast with global trends in higher education policy.     

The EU against the New Normal: Avoiding the Banalization of the Israeli‒Palestinian Dispute

This article assesses the European Union (EU)’s engagement with the Israeli-Palestinian conflict and highlights the unintended consequences of the policies pursued by Brussels on this matter. While stressing that Palestinians and Israelis interested in peace face the danger of the banalization of the conflict, the article argues that the current status quo is unacceptable and unstainable in the long run, and this demands new policies from the actors involved with the conflict or its resolution. The EU policies’ overall rationale must be to treat the Israeli?Palestinian dispute as a normal, non-exceptional conflict, in which economic and legal tools can be employed to create new legal facts on the ground. An alternative EU approach to the conflict must recognize the insufficiency of recent initiatives and should be built upon two pillars: the legalization of the main contending issues and the empowerment of the civil society actors and initiatives that foster dialogue between Palestinians and Israelis.     

Interpreting EU–Israel relations: a contextual analysis of the EU’s Special Privileged Partnership proposal

This article analyses the background, content and implications of the EU proposal for ‘Special Privileged Partnership’ status to be granted to Israel and the future state of Palestine in the event of a successful conclusion to the peace process. It employs a sociological institutionalist perspective to assess the diplomatic manoeuvring in the broader context of EU–Israel relations. The analysis offers an identification and categorization of the constitutive components of the EU–Israel relationship into formal and social elements. It argues that differences in threat perception, Israel’s highly securitized ethos and different interpretations of the security versus legality equation are social, constitutive elements of the relationship that cannot be efficiently changed by a mere upgrade of the formal institutional setting, even if the economic incentives to do so were attractive. In other words, the sources of tension between the EU and Israel observed in recent decades are not likely to be overcome by a discursive or institutional upgrade around the concept of partnership.     

ID‐Check: Online Concealed Information Test Reveals True Identity

The Internet has already changed people's lives considerably and is likely to drastically change forensic research. We developed a web‐based test to reveal concealed autobiographical information. Initial studies identified a number of conditions that affect diagnostic efficiency. By combining these moderators, this study investigated the full potential of the online ID‐check. Participants (n = 101) tried to hide their identity and claimed a false identity in a reaction time‐based Concealed Information Test. Half of the participants were presented with personal details (e.g., first name, last name, birthday), whereas the others only saw irrelevant details. Results showed that participants′ true identity could be detected with high accuracy (AUC = 0.98; overall accuracy: 86–94%). Online memory detection can reliably and validly detect whether someone is hiding their true identity. This suggests that online memory detection might become a valuable tool for forensic applications.     

Exemption or Taxation for Profits of Non-Profits? An Answer from a Model Incorporating Managerial Discretion

Many non-profit organizations engage in bothcharitable and purely commercial activities, whereprofits from the latter are used to finance theformer. Should business income be tax-exempted becauseof its cross-subsidization function? The effects ofexemption on the product mix are analysed, using amodel incorporating managerial discretion – acrucially different assumption from that of thecurrent literature. Under given assumptions,tax-exemption of commercial income emerges as a lessefficient means of supporting the charitable productthan alternative Government measures, such as anoutput subsidy.

     

Kelsen's Concept of the Authority of Law

Law and Philosophy - According to Kelsen, law is a sensecontent and law has authority. The combination ofthese two claims appears puzzling. How is it possiblefor a sense content to have authority?...