Market offenses and limits to growth

The purpose of this article is to explore various factors that may regulate or stabilize levels in market offenses. Instead of assuming that illegal markets are ‘out of control’, evidence is advanced to demonstrate, on the contrary, that there are indeed limits to growth in criminal markets. This is presented along three principal and interconnected arguments. First, social norms limit the ability of suppliers to shape demand for illicit goods and services. Using public opinion surveys, it is concluded that the more objectionable the moral status of an illegal market, the smaller the pool of potential consumers and sellers. Second, there are considerable obstacles that confront suppliers of illegal goods and services accumulating capital and upward mobility. The consequences of product illegality inhibit the organizational growth capacities as well as the geographic expansion of illicit firms. Third, while impunity via corruptible alliances do cancel some of the effects of product illegality, this impunity is not a constant that can always be depended upon. To the extent that corruption varies across jurisdictions and over time, illegal entrepreneurs may come to realize that impunity is intrinsically limited in scope and volatile in nature and over which they essentially have very limited control. This revised version was published online in July 2006 with corrections to the Cover Date.     

Accepting Conflict and Experiencing Creativity: Teaching "Concertation" Using La Francilienne CD-ROM

This article discusses the use of the La Francilienne CD-ROM, which I developed with my colleague Alain Lempereur, law professor at ESSEC Business School, near Paris. As a professor in the ESSEC Department of Environment, I use the CD-ROM as the basic tool for my course "Concertation, Decision, and Local Democracy." The CD-ROM's simulation of a public negotiation process for a highway project allows me not only to teach basic concepts and methods of negotiation and mediation but also to enhance two important concepts in public decision processes in planning and environment: conflicts and creativity. The students are given the opportunity first to experience, and then to discuss, conflict and creativity in a quasi-real setting. These experiences and discussions encourage an internal change process for the students and help them to integrate the negotiation and mediation concepts and methods taught. This internal change will be conceptualized in this article according to two educational theories: transitional thinking theory and experiential learning theory.     

Civil Society Actors and EU Fundamental Rights Policy: Opportunities and Challenges

This paper examines how civil society actors in the EU utilize the political and legal opportunities provided by the EU’s fundamental rights policy to mobilize against discrimination, notably racism, and xenophobia. It emphasizes the multiple enabling roles that this policy provides to civil society associations engaged in judicial activism, political advocacy, and service delivery both at the EU and Member State levels, and assesses their effectiveness. It describes several factors that hinder the implementation of EU fundamental rights policy and reviews the strategies of civil society to overcome them. It highlights the reluctance of parts of public opinion to combat ethnic prejudice, considers reactions against what at a time of crisis is perceived as a costly project of social regulation, and examines civil society responses. The data sources consist of interviews with bureaucratic and civil society actors at EU level.     

Vagueness in Progress: A Linguistic and Legal Comparative Analysis Between UN and U.S. Official Documents and Drafts Relating to the Second Gulf War

This paper is based on a doctoral thesis which aimed at investigating on whether the use of strategic vagueness in Security Council resolutions relating to Iraq has contributed to the breakout of the 2002–2003s Gulf war instead of a diplomatic solution of the controversies. This work contains a linguistic and legal comparative analysis between UN and U.S. documents and their drafts in order to demonstrate how vagueness was deliberately added to the final versions of the documents before being passed, and thus strategically used vagueness has played a crucial role in UN resolutions related to the outbreak of war in Iraq, and in relevant legislation produced by the United States for its Congressional authorisation for war. The comparative analysis between S/RES/1441(2002) and US legislation has evidenced that that there would have been diplomatic solutions to the Iraq crises which were not synonymous of light-handed intervention against Iraq, but deliberately vague UN wording allowed the US to build its own legislation with a personal interpretation implying that the UN did not impede military action.     

The Language of the UN: Vagueness in Security Council Resolutions Relating to the Second Gulf War

Over the last few years the diplomatic language of UN resolutions has repeatedly been questioned for the excessive presence of vagueness. The use of vague terms could be connected to the genre of diplomatic texts, as resolutions should be applicable to every international contingency and used to mitigate tensions between different legal cultures. However, excessive vagueness could also lead to biased or even strategically-motivated interpretations of resolutions, undermining their legal impact and triggering conflicts instead of diplomatic solutions. This study aims at investigating intentional vagueness in Security Council resolutions, by focussing on the analysis of the resolutions relating to the second Gulf war. Using the qualitative Discourse-Historical approach (Wodak in Rhetorics of racism and antisemitism, Taylor & Francis Ltd., London [2000]) and quantitative analysis tools (Antconc and Sketch Engine), special attention is given to the historical/political consequences of the vagueness and indeterminacy used in that framework and to the study of vague ‘weasel words’ (Mellinkoff in The language of the law, Little, Brown & Company, Boston [1963]), modals, and adjectives contained in the corpus. The hypothesis of intentional vagueness is further reinforced through an analysis of the US legislation related to the outbreak of the war, to reveal how the US has legally interpreted UN legislation and to understand the purposes and consequences of vague language contained in it. The findings indicate that vagueness in resolutions has triggered the Iraqi conflict instead of diplomatic solutions with the overall legislative intent of using intentional vagueness as a political strategy.     

A single mutation in the FGA locus responsible for false homozygosities and discrepancies between commercial kits in an unusual paternity test case

We report an unusual paternity test case showing multiple peculiarities. Using AmpFlSTR Profiler Plus and AmpFlSTR Identifiler PCR Amplification kits, the alleged father and the two children were apparently homozygous at the FGA locus, but using the PowerPlex 16 kit the three individuals were found to be heterozygous. Drop-out was caused by a single mutation event in the presumptive binding site of the reverse primer. In addition, three inconsistencies were detected between the daughter and the alleged father among 18 STR markers. The occurrence of the rare null allele at the FGA locus and case history suggested that the true father was the brother of the alleged father. Furthermore, a single-step repeat maternal mutation was also detected at D16S539. This puzzling case was solved by using multiple analytical approaches, including the use of different primer pairs, the use of a high number of STR markers, and the characterization of the mutation causing the "null allele."