Equality before the Law and Precedent

The paper explores the nature of the principle of equality before the law, understood as the formal justice criterion that like cases must be treated alike, as a rationale of the rule or system of precedent. The first part discusses and rejects Kelsen's thesis on the conceptual insignificance of that principle in the sphere of the application of the law, identified uniquely with a logical criterion related to generality of rules and simple legality. The second part argues for the ethical relevance of equality before the law as a reason for a legal system to have a rule of defeasibly binding precedent.     

Immunohistochemical detection of fibronectin and tenascin in incised human skin injuries

Immunohistochemical detection of molecules involved in inflammatory reaction can be useful for the diagnosis of vitality in skin wounds. We studied the expression of fibronectin (FN) and tenascin (TN) in 58 human skin wounds (48 vital and 10 postmortem). The age of vital injuries ranged from 3 min to 8 h and postmortem specimens were collected after a postinfliction interval of 15-180 min. One hundred thirty-seven formalin-fixed paraffin-embedded sections (mean: 2.3 sections per case) were stained with each of two monoclonal antibodies against FN and TN using the streptABC technique. A reticular staining for FN in wound edge and dermis was observed in 50% of vital specimens versus 0% in postmortem cases. Immunoreactivity was reduced in 10 autolysed cases. FN positivity exclusively at the injury margin was observed in 39.4% of vital wounds and 10% of postmortem cases. TN was negative in all specimens. Vital and postmortem hemorrhage areas showed positivity for FN and TN. Due to its low sensitivity, immunohistochemical analysis of FN is useful for determining vitality only in a minority of cases. Different factors in everyday practice, including autolysis and technical problems often produce false negative reactions with the result that FN cannot be regarded as a reliable parameter of vitality. Positive reactions (network staining) are more valuable than negativity but are not pathognomonic. Both vital and postmortem hemorrhages show an enhanced positivity for FN and TN, thus impeding the diagnosis.     

An adaptation-mitigation game: does adaptation promote participation in international environmental agreements?

International Environmental Agreements: Politics, Law and Economics - This paper studies how the investment in adaptation can influence the participation in an international environmental agreement...     

Searching the Soil: Forensic Importance of Edaphic Fauna After the Removal of a Corpse

Abstract: Arthropods at different stages of development collected from human remains in an advanced stage of decomposition (following autopsy) and from the soil at the scene are reported. The corpse was found in a mixed deciduous forest of Biscay (northern Spain). Soil fauna was extracted by sieving the soil where the corpse lay and placing the remains in Berlese–Tullgren funnels. Necrophagous fauna on the human remains was dominated by the fly Piophilidae: Stearibia nigriceps (Meigen, 1826), mites Ascidae: Proctolaelaps epuraeae (Hirschmann, 1963), Laelapidae: Hypoaspis (Gaeolaelaps) aculeifer (Canestrini, 1884), and the beetle Cleridae: Necrobia rufipes (de Geer, 1775). We confirm the importance of edaphic fauna, especially if the deceased is discovered in natural environs. Related fauna may remain for days after corpse removal and reveal information related to the circumstances of death. The species Nitidulidae: Omosita depressa (Linnaeus, 1758), Acaridae: Sancassania berlesei (Michael, 1903), Ascidae: Zerconopsis remiger (Kramer, 1876) and P. epuraeae, Urodinychidae: Uroobovella pulchella (Berlese, 1904), and Macrochelidae: Glyptholaspis americana (Berlese, 1888) were recorded for the first time in the Iberian Peninsula.     

Validation of neuropsychological consequences in victims of intimate partner violence in a Spanish population using specific effort tests

Neuropsychological consequences in female survivors of intimate partner violence are being used in courts as evidence of acquired injury and for criminal exculpation. To support the validity of neuropsychological test performance and the veracity of victim testimony, effort tests can be used by expert witnesses. Nevertheless, no study has evaluated whether the two principle types of effort tests, Symptom validity tests or Performance validity tests, are most adequate for this population. The study’s objective was to compare the false positive rates of a Performance validity test (Test of Memory Malingering: TOMM) and a Symptom validity test (Structured Inventory of Malingered Symptomatology: SIMS). The sample included 68 female intimate partner violence victims and 40 control females. SIMS showed a significantly higher rate of false positives in victims on four of five subtests, reaching a 59.3% in the total score. There were 0% false positives in both groups on the TOMM. Findings indicate that the SIMS may incorrectly score female IPV victims, undermining the victim’s testimony in judicial cases.     

“<Emphasis Type="Italic">Peer effects</Emphasis>” or “<Emphasis Type="Italic">quasi</Emphasis>-<Emphasis Type="Italic">peer effects</Emphasis>” in Spanish labour court rulings

The current work seeks to ascertain whether rulings on dismissal cases issued by incumbent judges in Spanish labour courts are influenced by whether they are acting alone in their own court or sharing duties with other judges such as replacement judges, support judges or incumbent judges from other courts. We consider that a court is treated when more than one judge rules in it. Then, an analysis is conducted so as to determine the effect of such a treatment on the percentage of cases ruled in favour of the dismissed worker. The data used in the research are taken from the information recorded at court level provided by the statistics kept by the General Council of the Spanish Judiciary. A total of 2888 observations were available, corresponding to the period spanning 2004 to 2012. As regards the findings, it may be concluded that there is a significant positive impact on the number of dismissal cases ruled in favour of workers when incumbent judges are not acting alone in their court, particularly when the incumbent judge solves cases together with another professional judge.     

Aging in rural areas of Spain: the influence of demography on care strategies

In the rural areas of Spain the aging population trend is particularly acute, and these regions are also characterized by high sex ratios. These are the demographic consequences of an intense rural exodus that started in 1950. This paper addresses the strategies that families from these areas have put in place to guarantee care for the elderly in these limited demographic contexts. It quantifies the demographic change from 1910 to 2010 and analyzes current mechanisms for organizing social care. The methodology includes semi-structured interviews and secondary information obtained from censuses. The results show the emergence of new care strategies, the diversification of social agents involved in care, and the transformation of traditional gender relations. All these changes are conceptualized as social adaptation strategies that increase resilience in rural areas.