Connecting or Compartmentalizing the WTO and United States Legal Systems? The Role of the Charming Betsy Canon

Litigants before the US courts have frequently attempted toimprove their legal position by relying on the Charming Betsycanon of statutory interpretation under which statutes whichcan be interpreted consistently with international obligationsshould be so interpreted. The argument has effectively beenthat the canon should be permitted to provide the interfacebetween the World Trade Organization Agreements as interpretedby the World Trade Organization tribunals, and national statutesas interpreted by US executive agencies. The ease with whichthe canon can be stated belies the complexity and controversynow associated with its application. Some of the cases are arguablyirreconcilable while academic opinion is similarly polarizedby concerns about both the extent of judicial deference to agencyinterpretations, and about the slightest possibility of a moreinquisitive approach. This article discusses how the canon hasbeen applied and should be applied in domestic cases with aWorld Trade Organization dimension. A re-conceptualization ofthe canon's role in cases of this type is suggested.     

Comparative Analysis of the Effects of Heat on the PCR‐Amplification of Various Sized DNA Fragments Extracted from Sus Scrofa Molars*

Abstract: This study examined the effects of heat on the amplification of DNA from the dental pulp of Sus scrofa molars and investigated the protection afforded to the pulp tissue by the dental enamel, alveolar process, and soft tissue of the head. Segments of defleshed maxilla and mandible encasing the first molar (n = 60) were subject to a range of temperatures for 15 min. Dental pulps were retrieved. Amplifications using three‐primer and four‐primer multiplexes showed no degradation of the largest fragment following exposure to 450°C. Amplifications in the three‐primer multiplex (283 bp) were successful following exposure to 525°C in maxillary samples only. This study revealed the enamel density of maxillary molars to be greater than mandibular molars in Sus scrofa. Following incineration of intact heads for 15 min (n = 10) and 1 h (n = 4) at an average temperature of 625°C, amplifications of the largest fragment (450 bp) were successful from both maxillary and mandibular teeth.     

Respiratory,Circulatory, and Neurological Responses to Hanging: A Review of Animal Models

Abstract: The pathophysiology of hanging is still poorly understood. This article presents a review of eight animal models: four models of isolated occlusion of the vessels of the neck (group 1), one model of combined tracheal and vessel occlusion (group 2), and three models of true animal hanging (group 3). Occlusion of the airway passages in group 2 did not accelerate respiratory arrest compared to group 1. Cessation of cerebral blood flow, rather than airway obstruction, seems to be the main cause of respiratory decline. In general, muscular movements ceased after 1–3.5 min and early generalized tonic‐clonic convulsions were described. Complete circulatory collapse seems to occur between 4 and 8.5 min. These observations from animal models of hanging are compared with the data collected from filmed human hangings. Avenues to improve animal models are discussed.     

A Soviet paradise à L'Américaine

An Examination of the Mystic Tendencies in Islam in the light of the Qur'an and Traditions. By M. M.Zuhúruddin Ahmad, M.A. LL.B., Professor of Logic and Philosophy at the Ismail College, Andheri (Bombay). 9” x 5½”. Pp. 248. Published by the author, Pali Road, Bandra (Bombay). 1932. Obtained in England for 10s. 6d.

The Reconstruction of Religious Thought in Islam. By Sir Muhammad Iqbal. 9” x 5½”. Pp. 192. Oxford University Press. London: Humphrey Milford. 1934. 7^s. 6d. net.

The Suez Canal: Its Past, Present and Future. By Lieut.‐Colonel Sir Arnold Wilson, K.C.I.E. 10” x 7". Pp. xv+224. Map. Oxford University Press. 1933. 15s.

The Capitulatory Regime of Turkey: Its History, Origin and Nature. By Nasim Sousa. 8½” x 5¾”. Pp. xxiii+378. Baltimore: Johns Hopkins Press.

Catalogue of Wall‐Paintings from Ancient Shrines in Central Asia and Sistan. Recovered by Sir Aurel Stein, K.C.I.E., described by Fred H. Andrews, O.B.E., under the orders of the Government of India. Delhi: Manager of Publications.

The History of Buddhist Thought. By Edward J. Thomas, M.A., D.Litt. 9½” x 6½”. Pp. xvi+314. London: Kegan Paul, Trench, Trübner and Co., Ltd. 1933. 15s.

The Eclipse of Christianity in Asia. From the time of Muhammad until the Fourteenth Century. By L. E. Browne. 9” x 6”. Pp. 198. Map. Cambridge University Press. 1933. 10s. 6d.

Oriental Studies. Edited by Jai Dastur Cursetji Pavry, with a Foreword by A. V.Williams, in honour of Cursetji Erachji Pavry. 9¾” x 6½”. Pp. xv+503. Frontispiece. Oxford University Press. 1934. 50s. net.

A History of Exploration. From the Earliest Times to the Present Day. By Brigadier‐General Sir Percy Sykes, K.C.I.E., C.B., C.M.G. 10” x 6”. Pp. xiv+374. Coloured frontispiece, plates, and maps. Routledge. 1934. 25s.

Peaks and Plains of Central Asia. By Colonel Reginald C. F. Schomberg. 8¾” x 5¾”. Pp. 288. Illustrations and three maps. London: Martin Hopkinson. 1933. 15s. net.

” La Croisière Jaune.” The Citroën‐Haardt Expedition through Central Asia. By Georges Le Fevre. Pp. xli + 342. 123 photographs. Plates. Maps. Paris. 1933. Edition de Luxe.

Le Pasteur de Tribus. Par Alexandre Syline. Paris: Librairie Gallimard. 1932.

First Russia, then Tibet. By Robert Byron. 9½” x 6¾”. Pp. xvi + 328. Illustrations. Macmillan. 15s.

The White Armies of Russia. The Chronicle of Counter‐Revolution and Allied Intervention. By George Stewart. 8” x 6”. Pp. xiii + 469. Maps and illustrations. New York: Macmillan Co. 21s.

Dans les Coulisses du Kremlin. By S. Dmitrievsky. Translated from the Russian into French by René le Grand. 7” x 4¾”. Pp. vii + 240. Paris: Lib Plon. 12 fr.

Foreign Investments in China. By C. F. Remer. 8¾” x 6”. Pp. xxi + 708. New York: The Macmillan Company. 1933. 25s.

Japan. By F. C. Jones, M.A. 7½” x 5”. Pp. viii+133. Maps. Modern State Series No. 1. General Editor, R. B. Mowat. Arrowsmith. 3s. 6d.

The Hundred Names. By Dr. Henry H. Hart. Published by the University of California Press and the Cambridge University Press. 1933. 11s. 6d. net.

Something Happened. By M. Cable and F. French. Pp. ii + 320. Illustrations. Map. Hodder and Stoughton. 5s.

The Jungle in Sunlight and Shadow. By F. W. Champion. 10” x 7¾”. Pp. xvi + 270. Illustrations. Chatto and Windus. 21s.

James Silk Buckingham, 1786–1855. A Social Biography. By Ralph E. Turner. 8½” x 5¾”. Pp. viii+463. Plates. Williams and Norgate. 21s.

On Hill and Plain. By Lord Hardinge of Penshurst, K.G. A Viceroy's Recollections of Delightful Days of Sport in India. 8” x 5¼”. Pp. xii + 110. Illustrations. John Murray. 1933. 7s. 6d.

Le Voyage d'Un Pelerin Chinois dans l'Inde des Bouddhas. Précédé d'un exposé des doctrines de l'Inde Antique sur La Vie et La Mort. By Henri Valentino. Paris. Editions G.P. Maisonneuve. 3 Rue de Sabot. 18 francs.

Indian India. By C. W. Waddington, C.I.E., M.V.O. London: Jarrolds. 1933.

Indo‐China: A Sportsman's Opportunity. By Archibald Harrison. 8½” x 5½”. Pp. 7+157. Plates and maps. Plymouth: Mayflower Press.

Secrets of the Red Sea. By Henry de Monfreid. Translated by Helen Buchanan Bell. 8½” x 5½”. Pp. vii + 317. Sixteen pages illustrated. Faber and Fabcr. 1933. 12s. 6d.

Into the Sun. By Frieda Das. 7½” x 5”. Pp. 312. Dent. 7s. 6d.

The Assyrian Tragedy. Annemasse, February, 1934.

The Naked Mountain. By E. Knowlton. Putnam.

First over Everest. By Air Commodore Fellowes, D.S.O., L. V. Stewart Blacker, Col. P. T. Etheton, Marquis of Clydesdale. Foreword by John Buchan, and account of the filming by G. Barkas. 9¾” x 6½”.Illustrations, maps, diagrams. Pp. xix + 279. Lane, Bodley Head. 12s. 6d.     

Children's testimony: Research findings and policy implications

Abstract

Traditionally the British legal system has taken a sceptical attitude toward the testimony of children, reflected in the competency requirement, the corroboration rule and the judicial caution. However, recent psychological research has suggested that children, properly interviewed, can provide invaluable testimony in securing convictions in cases of sexual or physical abuse. Research suggests that children's spontaneous accounts of events are generally accurate, and that suggestibility can be greatly reduced by appropriate questioning techniques. Partly as a result of such research, the legal hurdles surrounding children's evidence have been dismantled and procedural innovations, such as the use of the Videolink and videotaped interviews introduced. Empirical research demonstrates the success of the Videolink and a similar evaluation is planned for videotaped interviews. The latter has highlighted the need for a new research agenda which would include the impact of biased or repeated questioning, and requests to children from abusers to lie or keep secrets.     

Reclaiming freedom of the press: A Hutchins Commission dream or nightmare?

This article explores how and why the Hutchins Commission's vision of a responsible press and an informed citizenry did not, and does not, realistically meet either the needs of the media industries or the public. Although it was the commission's goal to create a healthier society, the new technologies of communication present old and new problems—problems that cannot be negotiated by the commission's well‐meaning but idealistic notions of press responsibility. The Internet demonstrates the old dilemma of elite access and concentrated ownership and a new dilemma of utility characterized by isolated users whose communication can be argued only superficially as socially healthy. Perhaps a more innovative and structurally significant approach, beyond the rhetoric of “press‐responsibility,” is needed to create physical access to media that can achieve the kind of “publicness” the Hutchins Commission envisioned.     

A decade on the court: The First Amendment jurisprudence of Justice Antonin Scalia

After a decade on the United States Supreme Court the time is ripe to examine Associate Justice Antonin Scalia's First Amendment jurisprudence, especially as it relates to freedom of expression and freedom of the press. This article analyzes Justice Scalia's opinions as a judge and justice as well as his scholarly writings. Collectively they reveal a clear pattern of a justice who follows a judicial approach grounded in originalism, textualism, majoritarianism, deference to the legislative branch, and traditionalism. While this approach sometimes produces opinions Seemingly in conflict with Justice Scalia's “conservative” image, close analysis reveals the consistent and close application of a coherent judicial philosophy.     

Victim age,attractiveness and,abuse history as factors in the perception of a hypothetical child sexual abuse case

Abstract

This study examines the effect of victim age, victim attractiveness, the victim's abuse history and respondent gender have on attributions of blame and credibility towards a female victim in a hypothetical child sexual abuse case. A total of 397 respondents from a community sample read a hypothetical child sexual abuse (CSA) scenario in which victim age, victim attractiveness and the victim's abuse history were manipulated. Respondents then completed a 16-item blame attribution questionnaire. Several predictions were made. First, a 10-year-old victim would be deemed less blameworthy and more credible than a 15-year-old victim. Secondly, an attractive victim would be viewed more positively, and attributed less blame, than an unattractive victim. Thirdly, a victim with previous history of being sexual abused—either by the same or different perpetrators—would be deemed more culpable for their own CSA than a first time victims. Finally, female respondents were expected to take a more pro-victim and anti-perpetrator stance than males. Whilst comparatively few differences were found across victim attractiveness and abuse history. Overall findings were broadly in line with predictions. It was concluded that victim age and respondent gender play particularly important roles in the attribution of blame towards victims and perpetrators of child sexual abuse.     

Working on the Ground. A Collective Biography of Feminine Subjectivities: Mapping the Traces of Power and Knowledge

In this paper we map the traces of power and knowledge as we read them at play in our own memories and as we make sense of them from a Foucauldian perspective. Our question here is twofold: how might we use Foucault to read our embodied memories of power and knowledge; and how might we use the analysis of those stories to enable us better to see the implications of Foucault's writing for the analysis of subjects' enmeshment in power/knowledge relations? We use as the ground of our analysis our own embodied memories of achieving ourselves as appropriate(d) subjects (as girls and women, in relation to men--fathers, lovers, and husbands). Our trajectory in this paper is double. First, it has been towards uncovering the ways in which girls and women might be said to be powerful, even when they are complicit in their own subjection. Second, it has been to show that when Foucault defines all acts of power to involve the possibility of resistance and freedom, and he takes the opposite, a state of domination, to arise from 'economic, political, or military means', he has not fully acknowledged the extent to which the repeated, minute accretions of everyday practices can generate sedimentations of lines of force that may also be understood as a state of domination.     

Nano‐Industry Operationalizations of “Responsibility”: Charting Diversity in the Enactment of Responsibility

The Collingridge dilemma—the problem of reacting to emerging technology either “too early” or “too late”—is one that is readily recognized by developers and promoters of nanotechnologies. One response can be found in the rise of a discourse of “responsible development” in the science and innovation policy landscape. While a number of commentators have discussed the potential of such initiatives, it remains unclear how responsible development is actually being configured “on the ground,” in private sector nanotechnology. This paper addresses this question by analyzing empirical engagements in Europe and the United States in order to map industry operationalizations of “responsibility” in these contexts. We show that a number of different articulations of “responsibility” are present, including as a response to public lack of trust and perceived public pressure, and as the management of risk. We close by relating these findings to the theoretical literature on responsibility, other contemporary accounts of the ways in which responsible development can be operationalized, and the possibilities that these articulations of responsibility may open up.