Governance of professional sports leagues—Cooperatives versus contracts

Historically, European team sports leagues were run by their respective national and international associations and were legally independent from the professional clubs playing in these leagues. Recently, European leagues have adopted an organizational form similar to their North American counterparts who are organized since their beginning in a cooperative-like manner. Based on a comparative institutional analysis, we explain the advantages of the cooperative form of league organization over contractual governance. With our four-stage game-theoretic model, we show that contractual governance of sports leagues leads to larger investment distortions than cooperative league organization.     

Preserving human potential as freedom: a framework for regulating epigenetic harms

Epigenetics is a rapidly evolving scientific field of inquiry examining how a wide range of environmental, social, and nutritional exposures can dramatically control how genes are expressed without changing the underlying DNA. Research has demonstrated that epigenetics plays a large role in human development and in disease causation. In a sense, epigenetics blurs the distinction between "nature" and "nurture" as experiences (nurture) become a part of intrinsic biology (nature). Remarkably, some epigenetic modifications are durable across generations, meaning that exposures from our grandparents' generation might affect our health now, even if we have not experienced the same exposures. In the same vein, current exposures could affect the health of not only individuals currently living but also future generations. Given the relative novelty of epigenetics research and the multifactorial nature of human development and disease causation, it is unlikely that conclusive proof can be established showing that particular exposures lead to epigenetic risks that manifest into specific conditions. Using the Capabilities Approach ("CA") developed by Amartya Sen and Martha Nussbaum, this article argues that epigenetic risk is not merely a medical issue, but that it more generally implicates the underlying fairness and justice of our social contract. For instance, how we develop mentally or physically has a tremendous impact upon our inherent capabilities and our set of life options. The CA prompts us to ask questions such as: (1) what impact do particular epigenetic risks have on our ability to exercise free choices; (2) are these risks avoidable; and (3) how are these risks distributed across society? Due to the complex nature of epigenetic risk, tort law is predictably incapable of addressing this harm. Further, while regulatory agencies possess the statutory authority to begin addressing epigenetic harms, currently these agencies are not attuned to measure or to respond to this type of harm. This article argues that it is imperative to initiate a regulatory framework to address epigenetic risk from specific substances even if conclusive proof of disease causation cannot be established. Shifting the burden of generating epigenetic risk data to producers of suspected harmful substances serves as a start. As information concerning epigenetic risks accrues, the regulatory response should evolve concurrently. As part of a dynamic policy-making approach our goals need to encompass the following: (i) promotion of knowledge in the scientific, legal, and public domains; (ii) assessment and modification of current regulations to address preventable risk; and (iii) an overarching commitment to protect human capabilities in an equitable manner.     

Fatalities Caused by Spherical Bullets Fired from Blank Cartridge Guns in Istanbul, Turkey

Abstract:  Blank cartridge guns are generally regarded as being harmless and are not considered to be firearms in the legal sense in most countries. To show the danger of these guns upon simple modifications, we report 59 fatalities resulting from these simply modified blank cartridge guns in Istanbul, Turkey. The great majority of the victims were males and the age of those ranged from 11 to 61 years. In 55.9% of these cases, homicide was the origin followed by suicide (39%). The right temporal region was detected to be the preferred region in suicidal shots by blank cartridge guns with a frequency of 56.5%. In trial shots, all these guns were detected to discharge steel or lead spherical objects, generally 4 or 5 mm in diameter, successfully. Our findings strongly suggest that these guns should also be considered as handguns in the legal sense.     

Personal jurisdiction: Where cyberspace meets the real world – Part 1

Whereas traditional jurisdictional issues are geographically based, today electronic communication readily crosses borders without having any specific links to the territory where the technology is located and users engage in global activities without the need for physical presence within the forum state. As the Internet becomes part of daily life rather than a place deserving an occasional visit, the courts of different countries strive to adapt existing legal systems to ever nebulous out-of-state cyber defendants. Though online activity raises numerous legal issues, not least jurisdiction, this article is concerned only with personal jurisdiction.     

The strategic interaction between managers and workers in Soviet industrial enterprises: Work-place motivation and economic performance

We construct a model of Soviet industrial enterprises, examining the strategic interaction between managers and workers as technology and workers' pay/performance relations evolve. Before 1965, when both players started sharing a bonus fund, workers received piece wages and selected their effort independently of management. With standardised technology, this regime fostered economic growth, at least until the weakening of the pay/performance nexus in 1965. After 1965, the game changed: anything making one player less motivated engendered a similar action by the other. The economy's vulnerability as technology changed and inflation weakened motivation no doubt contributed to its recent collapse.     

<Emphasis Type="Italic">Zina</Emphasis> and the moral regulation of Pakistani women

From 1998 to 1999, I interviewed women who had been incarcerated under the Zina Ordinance (zina means illicit sex) in Pakistan. This led me to an examination of women's moral regulation by their families, a process in which I maintain the state is complicit. I argue against relativist explanations of this process, which view Pakistani culture or notions of timeless Islam as the reason for women's incarceration. Instead, I examine the interconnection of morality with the legal/judicial structures, the relationship between the state and patriarchy within families, and the plight of impoverished women in Pakistan within an era of globalization. In my analysis, I link economic development and human rights to globalization and the continuing costs of militarization. Such connections allow feminists to target the structural conditions that sustain the laws in Pakistan and help create an environment that will bring about the repeal of the laws while contributing to trans-national feminist solidarity.     

Allele frequency profile of three STR loci in nine North Indian populations

POPULATION: Bhargavas (n=120), Chaturvedis (n=120), Brahmins (n=120), Muslim Sunni (n=120), Muslim Shiya (n=120), Kayastha (n=120), Mathurs (n=120), Rastogies (n=120), and Vaish (n=120).