A note on reverse auctions

Reverse auctions are a new type of auction which has recently spread over the internet to sell a large variety of goods, from electronics to airline tickets. The objective of this note is to illustrate how a reverse auction works, compare it to the other existing auctions and discuss the legal issues that may arise.     

The simple economics of class action: private provision of club and public goods

This article uses economic categories to show how the reorganisation of civil procedure in the case of class action is not merely aimed at providing a more efficient litigation technology, as hierarchies (and company law) might do for other productive activities, but that it also serves to create a well defined economic organization ultimately aimed at producing a set of goods, first and foremost among which are justice and efficiency. Class action has the potential to recreate, in the judicial domain, the same effects that individual interests and motivations, governed by the perfect competition paradigm, bring to the market. Moreover, through economic analysis it is possible to rediscover not only the productive function of this legal machinery, but also that partial compensation of victims and large profits for the class counsel, far from being a side-effect, are actually a necessary condition for reallocation of the costs and risks associated with the legal action.     

What does the European Union do?

The goal of this paper is to evaluate the attribution of policy prerogatives to European Union level institutions and compare them to the implications of normative policy models and to the preferences of European citizens. For this purpose we construct a set of indicators to measure the policy-making intensity of the European Union (European Council, Parliament, Commission, Court of Justice, etc.). We confirm that the extent and the intensity of policy-making by the EU have increased sharply over the last 30 years, but at different speeds, and in different degrees, across policy domains. In recent years the areas that have expanded most are quite remote from the EEC’s original mission of establishing a free market zone with common external trade policy. On the contrary some policy domains that would normally be attributed to the highest level of government remain at national level. We argue that the resulting allocation of prerogatives between the EU and member countries is partly inconsistent with normative criteria concerning the assignment of policies at different government levels, as laid out in the theoretical literature.     

Estimation of postmortem interval using the protein marker cardiac Troponin I

The importance of determining the time since death is crucial to criminal, civil and forensic cases. A technique exploiting the degradation of a protein, cardiac Troponin I (cTnI), to estimate the postmortem interval (PMI) was investigated. Cardiac Troponin I is a basic regulatory protein found as part of a ternary complex responsible for calcium dependent muscle contraction. An efficient extraction protocol to analyze the banding pattern of cTnI in postmortem tissue was developed. The analysis involves extraction of the protein, separation by denaturing gel electrophoresis (SDS-PAGE) and visualization by Western blot using cTnI specific monoclonal antibodies. A bovine model was used to develop and optimize the protocol. The homology of cTnI amongst mammalian species allows for the cross-reaction of human anti-cTnI antibodies with bovine cTnI. The results indicate a characteristic banding pattern amongst human cadavers (n=6), a pseudo-linear relationship between percent cTnI degraded and the log of the time since death (r>0.95), and a qualitative degradation band pattern that in a simple comparative analysis with a standard human heart (known time since death) can be used to estimate the postmortem interval. The degradation-banding pattern of tissue cTnI is useful in the determination of the early postmortem (pm) interval (0-5 days). Overall, this technique offers advantages such a wide postmortem interval, measurable degradation pattern, a temporal semiquantitative relationship and manageable temperature dependence over direct temperature methods.     

Civil Society and Political Transition in Mexico

This article analyzes the current political transition in México from the vantage point of civil society. It departs from a definition of the Mexican authoritarian regime, now the oldest in the world, as a model of fusion between the state, the market and society. The crisis of the developmental model and the regime's increasing inability to incorporate the new social actors created by industrialization and urbanization opened up a long period of political crisis whose main content was a process of societal differentiation. The failure of President Salinas' project of neo-liberal reconstruction of the authoritarian regime deepened the crisis and led to the formation and consolidation of strong national political parties, the beginning of a still unequal, but effective electoral competition and especially to the emergence of several civic groups that are struggling for a democratization that goes beyond electoral politics. The collective identity as civil society of these civic groups has been instrumental for the critique of the regime's gradualist strategy of "permenent electoral reform".     

An Exploratory Study on International R&D Strategies of Chinese Companies in Europe

We here present a study that arms the reader with various discussion points on the research and development (R&D) foreign direct investment (FDI) strategies of Chinese multinational corporations (MNCs) in Europe. Through archival research and interviews, we adopted a multi‐case study approach to investigate how significant are these investments and how relevant do they become for the local innovation systems. Our analysis shows that the establishment of R&D centers, and more importantly the evolution of these centers, does not coincide with what international business theories would have predicted. The Chinese MNCs considered entered Europe in a variety of forms, guided by various learning goals. However, we found evidence of the growing tendency of these companies to insulate themselves from local partners and to engage in less explorative and more exploitative R&D activity, adapting technologies developed elsewhere for the European market, gaining access to good indigenous labor and technologies rather than to local partnerships.     

Exceptions to Article 226: Alternative Administrative Procedures and the Pursuit of Member States

This article considers the procedures used in EC law to prosecute infringements committed by Member States, in addition to the well-known Article 226 (ex Article 169) EC. It has three purposes. The first is to systematise the main categories of these, to examine the reasons for the creation of these procedures and the interaction among them, using Article 226 as the main point of reference. The basic criterion is the distinction between procedures established by the EC Treaty and procedures established by secondary legislation but without a clear legal basis in the Treaty. The second purpose is to explain why Member States have accepted the development of new procedures, even though they serve to reinforce the Commission's powers. The article argues that this acceptance can be explained, first, by the active participation of Member States, through committees, in the establishment of these procedures; and, secondly, a deliberate strategy to convince Member States, on both a sectoral basis, and a case-by-case basis, by the Commission. The article concludes, however, that the current procedures should be improved and that it is time for them to be realigned and rationalised.     

古巴当前的形势

首先 ,我衷心感谢中国社会科学院国际合作局和拉丁美洲研究所适时倡议并顺利举办这次论坛。记得 5年前我刚到北京就任时 ,最早参加的官方活动之一就是参加类似今天这样的一次会议 ,那次会议使我得以与从事拉美研究的学者和研究员们建立了初步的联系。正因如此 ,我才有幸见证了近 5年来中国人民和拉美人民之间关系的蓬勃发展 ,这一发展对中国和拉美各国人民及其经济都是有利的。近 2 5年来中国举世瞩目的发展及其和平、合作和尊重各国主权的政策已经成为稳定与进步的因素 ,为拉美各国提供了充满希望的机遇。最近 ,胡锦涛主席和曾庆红副主席的…     

Converging social justice issues and movements: implications for political actions and research

Abstract

We argue that the multiple contemporary converging crises have significantly altered the context for and object of political contestations around agrarian, climate, environmental and food justice issues. These shifts affect alliances, collaboration and conflict among and between state and social forces, as well as within and between movements and societies. The actual implications and mechanisms by which these changes are happening are empirical questions that need careful investigation. The bulk of our discussion is dedicated to the issue of responses to the crises both by capitalist forces and those adversely affected by the crises, and the implications of these for academic research and political activist work. More specifically, we explore four thematic clusters, namely (1) class and intersectionality; (2) sectoral and multisectoral issues and concerns; (3) importance of immediate, tactical and concrete issues of working people; and (4) links between national and global institutional spaces and political processes. We know only a little about the questions we framed here, but it is just enough to give us the confidence to argue that these questions are areas of inquiry that deserve closer attention in terms of both academic research and political debates and actions.