Comparative Vigilance

A growing body of literature suggests that courts and juriesare inclined toward division of liability between two strictlynon-negligent or "vigilant" parties. In this paper, we explorethe economic efficiency of liability rules based on comparativevigilance. We devise rules that are efficient and that rewardvigilance. Commonly used liability rules have discontinuousliability shares. We develop a liability rule, which we callthe "super-symmetric rule," that is both efficient and continuous,that is based on comparative negligence when both parties arenegligent and on comparative vigilance when both parties arevigilant, and that is always responsive to increased care.     

‘Full’ Compensation Criteria: An Enquiry into Relative Merits

The principle of full compensation is said to restore the victim of an accident to the position he was in before the tort. The conventional pre-tort position of the victim is taken to be the one in which he bears no accident losses at all. Therefore, a negligent injurer is required to compensate his victim fully. In an interesting paper in this journal, Van Wijck and Winters (2001) have reinterpreted the pre-tort position of the victim, and proposed an alternative specification of liability for the purpose of compensation. We study the relative merits of the two compensation criteria. We show that while the alternative compensation criterion is indeed insightful from economic as well as legal point of view, at the same time it suffers from some serious limitations.     

Challenging pharmaceutical industry political power in Maine and Vermont

A comparison of the Vermont and Maine cases of attempting to control pharmaceutical prices in the year 2000 shows that the Maine legislators were more successful in challenging pharmaceutical industry political power. This comparison shows that challenging the industry was aided by (1) mobilizing public support through grassroots organizations, (2) including independent pharmacists in negotiations over the legislation, and (3) developing state purchasing power leverage.     

Genetic profiling of a central Venezuelan population using 15 STR markers that may be of forensic importance

The AmpFlSTR Identifiler kit has recently been accepted for use in DNA databasing of forensic samples in the FBI's National DNA Index System. In the present study, we used this kit to analyze the allele distribution of 15 short tandem repeat markers (STR) in individuals living in Caracas city, Venezuela. The allele frequencies of two of these STR, D2S1338 and D19S433, have not previously been reported for this or any other Latin American population. The results indicate that for the population here studied, the 15 STR tested are useful markers for paternity testing and forensic casework.     

Optimization of DNA extraction from low-yield and degraded samples using the BioRobot EZ1 and BioRobot M48

Robotic extraction of DNA from dilutions of blood and semen using either the BioRobots EZ1 or BioRobots M48 consistently produced lower recoveries than standard organic extractions of the same samples. In an effort to increase the efficiency of robotically extracted DNA, glycogen and carrier RNA were added following cell lysis. The addition of glycogen, postlysis, resulted in no improvement in DNA recovery with the BioRobot EZ1. However, when carrier RNA was added to the cell lysate of limited and degraded samples extracted on the EZ1 or the M48, DNA recoveries dramatically increased four- to 20-fold. DNA yields obtained by robotic extraction in the presence of carrier RNA were as high, or higher, as those obtained by organic extraction lacking carrier RNA, while experiments that utilized carrier RNA in both types of extractions showed increased sensitivity for both methods. Furthermore, carrier RNA substantially increased the recovery of fragmented DNA with the EZ1.     

Legal Issues of Satellite Telecommunications,The Geostationary Orbit,and Space Debris

Satellites are the best means for a rapid expansion of telecommunications services nationally and globally. However, the level of that expansion is greatly determined by the availability of the two indispensable tools for satellites, which are orbital positions and radio frequencies. Growing demand for geostationary orbital (GEO) slots and radio frequencies by a rapidly increasing number of commercial satellite operators and expanding dependence on satellites for military purposes give rise to shortage of slots and spectrum to allocate as well as an increase in satellite interference. Concurrently, increasing space activities and anti-satellite (ASAT) tests are generating man-made space pollution, particularly space debris, and consequently are making the use of outer space more expensive and dangerous. The problems shortage of appropriate orbital positions, satellite interference and space debris are serious. Unless resolved in a timely fashion, they would pose significant barriers and dangers to all (civilian, commercial and military) satellites and could result in denial of access to space in practice by all states. This paper first describes the current situation of shortage of GEO positions and increase in satellite interference. Secondly, current international regulatory regime governing the access to and use of these tools has been analyzed with a view to highlight the weaknesses therein. Thirdly, the problem of space debris is discussed with a view to show how difficult it is becoming to carry on space operations and how important and urgent it is to have an appropriate legal regime in place. Finally, a few recommendations are made emphasizing the need for international cooperation in order to strengthen the international regulatory regime so that the required telecommunication services remain readily available to all and outer space remain pollution-free environment to be used for and by all states.     

Developing Countries and the Implementation of CITES: The Mexican Experience

A key issue for the success of international conventions regulating biodiversity conservation is to understand the different philosophical positions of each party for initially acceding to that convention, and for the measures each party takes to implement that convention. This paper documents policies for wildlife trade regulation in Mexico from the early 1980s to the early 2000s, with emphasis on the process of CITES implementation. Mexico was slow to adopt environmental policies, but when Mexico did recognize wider environmental concerns, the prospect of acceding to CITES was not considered because of existing bans on all wildlife trade in native species. However, Mexico could not control the illegal trade of wild species during the 1980s. Mexico acceded to CITES in 1991 mainly in response to international pressure and to bilateral pressure while seeking to join a free trade agreement. The step of joining CITES was taken without clear analysis about the consequences of being a party to the Convention. Between 1992 and 1996, Mexico had no clear policy about its role within CITES. The period from 1997 to 2001 witnessed an improved legal and administrative structure and a greater internal coordination between the institutions involved with CITES. Mexico has now improved its policy toward international wildlife trade.