Environmental liability and harmonization in the presence of transboundary effects and hidden assets

Within the context of transboundary disputes, this paper seeks to determine which liability concept, negligence or strict liability, performs better when assets are secure against foreign claims for transboundary damages. Our results indicate that, if assets are hidden from foreign claims, strict liability will not implement the socially optimal outcome, but neither will negligence. However, even though the socially optimal outcome is not always achieved, strict liability weakly dominates negligence. These results suggest that the harmonization of statues that deal with transboundary pollution should be based on strict liability not negligence. JEL classification K32 · Q5 Smith and Eckert both thank SSHRC of Canada for financial assistance. We thank two referees for valuable comments that greatly improved the paper and Matt Smith for his research assistance. All remaining errors are our responsibility.     

Governance without a state: Can it work?

In this article we explore how much state is necessary to make governance work. We begin by clarifying concepts of governance and the “shadow of hierarchy” and we follow this clarification with a brief overview of empirical findings on governance research in developed countries. We then discuss the dilemmas for governance in areas of limited statehood, where political institutions are too weak to hierarchically adopt and enforce collectively binding rules. While prospects for effective policymaking appear to be rather bleak in these areas, we argue that governance research has consistently overlooked the existence of functional equivalents to the shadow of hierarchy. We assert that governance with(out) government can work even in the absence of a strong shadow of hierarchy, we identify functional equivalents to the shadow of hierarchy, and we discuss to what extent they can help overcome issues of legitimacy and effectiveness in areas of limited statehood.     

Comparison of fingernail striation patterns in identical twins.

The fingernail ridge patterns of a pair of identical twins were compared to each other, their parents, and an unrelated subject. The patterns of the twins' nails showed regions of strong similarity but were distinguishable from one another. Fewer similarities were found when comparing the nails to those of the parents and the unrelated control. The twins were shown to be monozygotic by means of DNA profiling. This therefore represents the first demonstration of unique fingernail ridge patterns in subjects shown conclusively to be identical twins. When the fingernail ridge patterns were examined with a scanning electron microscope, the backscattered electron (BEI) images were found to have superior contrast when compared to the secondary electron (SEI) images.     

Reentry and Removal: Implications for Juvenile Confinement Facilities

An important national initiative in juvenile justice is Juvenile Offender Reentry (JOR). The renewed emphasis on offender reintegration has generated significant attention to juvenile justice practices, with the notable exception of juvenile confinement facilities. Juvenile detention and, to a lesser degree, juvenile corrections practitioners are involved but not invested in reentry, having made very few programmatic changes to accommodate JOR initiatives largely because these initiatives have been external to the institution and its staff. Yet, reentry is a powerful concept for juvenile facility practitioners, and the application of reentry principles could have a profound impact on daily operations. This article addresses a range of issues about investing juvenile institutions in reentry practices. Several reentry models are discussed along with their implications for daily operations and programs.     

The extent of aspartic acid racemization in dentin: a possible method for a more accurate determination of age at death?

In the current study the objective was to find to what extent a reliable determination of age at death is made possible by establishing the degree of aspartic acid racemization in the dentin of teeth. The results of the investigation of 46 teeth are in agreement with the values found by other authors. The method presented makes a reproducible and accurate estimation of age possible. We intend to elaborate and improve this promising method for determination of age at death. The relevant points are presented here.     

Consent and its meaning to the sexual victimization of women

Two conditions must be met in order for a person to be rightly considered the victim of a crime. First, there must be the victim of some form of harm. Second, the harm in question was the direct result of an act in which the harmed individual did not knowingly consent to take part. What are the dynamics of consent and how important should consent be in defining and placing criminal responsibility in crimes where women are sexually victimized? Finally, how does the conceptualization of victimization change when viewed from liberal and radical feminist perspectives?     

A DECADE OF DIVORCE MEDIATION RESEARCH

A decade of divorce mediation research has focused on outcomes such as settlement rates, cost efficiency, client satisfaction, effect on levels of conflict and cooperation, psychological adjustment, and compliance. Despite methodological problems limiting generalizations, most studies report mildly favorable to very positive findings. Research on the mediation process and mediator behaviors has received very limited attention, and should be the focus of the next decade of research to elevate the mediation field to a more sophisticated, effective level of practice.