Is There an Informative Effect of Law? An Experimental Test

Debates on how the law affects citizens' behaviour have traditionally focused on two mechanisms: deterrence and perceptions of legitimacy. In recent years, some scholars have suggested that the law may also affect compliance through expressive mechanisms that reveal information about the world (for example, by eliciting the risks associated with a particular behaviour). Dharmapala and McAdams have called this the informative effect of law. However, to date very little empirical evidence of the existence of such an effect has emerged. In this article, we present the results of an experiment that tests for three different hypotheses as to how this effect may be produced. Our findings show that legislators' sincerity or their access to expert knowledge is not sufficient to produce information effects. Instead, we suggest an ‘asymmetry’ hypothesis: the fact that a law is passed or rejected has an asymmetrical information effect on subjects' risk perceptions.     

Do different types of incubators produce different types of innovations?

Incubators are heterogeneous but there is a lack of understanding of the variety of innovation involved. We use four archetypes of incubator discussed in the literature (basic research, university, economic development and private incubator) and analyze their generation of different types of innovation (product, technological process and organizational innovation) during a 4 years period (2005–2008). In a sample of 80 incubators, we find that incubatees in some types of incubators are more prone to generate product and technological process innovations than those hosted in other types.     

On Setting Priorities among Human Rights

Should conflicts among human rights be dealt with by including general principles for priority setting at some prominent place in the practice of human rights? This essay argues that neither setting prominent and principled priorities nor a case-by-case approach are likely to be defensible as general solutions. The main reasons concern how best to realize all human rights for all. Conflicts among human rights are more defensibly addressed (1) by checking whether the conflict has been correctly diagnosed: Do human rights as a whole get due priority? Have feasibility considerations inherent in human rights been considered, and the possibility of bringing in additional dutybearers? (2) If a conflict among human rights is genuine, formal principles for priority setting are of some help. Sometimes, it is clear that these should be “upgraded” to substantive principles and sometimes that they should not. Many cases, however, are as yet unclear and will need further investigation.     

Modeling the Referral Decision in Sexual Assault Cases: An Application of Random Forests

This paper examines the decision to refer a sexual assault case for prosecution using a sample of 730 reported sexual assaults in which the victim received a medical/forensic examination. The decision to refer a case for prosecution was modeled using an algorithmic modeling technique, Random Forests. The key advantages of this modeling approach include its superiority in predicting case outcomes and its ability to easily uncover nonlinear relationships. Key results indicate that the likelihood of referral increased when sperm was found and documented, when the victim could identify the suspect, and as the severity of nongenital injury increased. Neither the presence nor the severity of genital injury impacted the decision to refer a case for prosecution. On the whole, suspect and report characteristics had the largest impact on referring cases for prosecution, with victim characteristics having little influence.     

‘Playing the Judicial Card’: Litigation Strategies during the Process of Ratification of the Lisbon Treaty

During the process of ratification of the Lisbon Treaty, a number of constitutional jurisdictions were activated by political actors. In playing ‘the judicial card’, opponents of ratification decided to seek political goals through judicial means, and thus they were obliged to develop litigation strategies. This article explores such strategies and the responses that courts gave them. It shows that constitutional proceedings with regards to the Lisbon Treaty became a political battleground governed by legal logics, in which the interpretation of European clauses, the democratic deficit of the Union and the tensions underlying the European judicial dialogue were privileged objects of discussion between claimants and courts in which law and politics intertwined.     

Human coxal bone sexual dimorphism and multislice computed tomography: geometric morphometric analysis of 65 adults

The authors studied sexually dimorphic differences in coxal shape using geometric morphometric analysis of 15 osteometric landmarks recorded by multislice computed tomography (MSCT), based on three-dimensional reconstructions of 65 Caucasian adults. Geometric morphometric analysis, principal component analysis, canonical variates analysis, and other discriminant analysis (Goodall's F-test and Mahalanobis distance) were performed for the three separate bones of the left innominate (pubis, ilium, and ischium), the modified pubis (pubis and ischiopubic ramus), the modified ilium (ilium and ischial spine), three bone complexes (ischiopubic, iliopubic, and ilio-ischial), and the complete innominate. A cross-validation test was also performed. All areas studied were dimorphic, but results for sexual dimorphism in decreasing order were as follows: the modified pubis, followed by the ischiopubic complex, the iliopubic complex and the complete innominate, the pubis, the modified ilium, the ilio-ischial complex, the ilium, and finally the ischium. These results show the potential of this approach for future anthropological research.     

Haplotypic blocks of X-linked STRs for forensic cases: study of recombination and mutation rates

In complex kinship cases, markers situated in haplotypic blocks may provide additional clues to other unlinked markers. We have established a protocol to amplify six X-chromosome microsatellites, located in two haplotype blocks, using PCR with fluorochrome-labeled primers and capillary electrophoresis. The segregation stability was explored in 92 unrelated families with individuals from three generations. Sixty-one different haplotypes were found in the DXS10079-DXS10074-DXS10075 block in the grandfathers and 96 in the mothers, with estimated haplotype diversities of 0.9828 and 0.9842, respectively. Fifty and 73 different haplotypes were found in the DXS6801-DXS6809-DXS6789 block in the grandfathers and the mothers, with estimated haplotype diversities of 0.9711 and 0.9742, respectively. We observed 10 between-cluster and one within-cluster recombinations in 99 female meioses. The overall per-locus mutation rate was 0.0034. This protocol allows for the characterization of the alleles of two sets of linked markers of the X-chromosome that can be useful in complex forensic cases.     

Mineralization of mandibular third molars can estimate chronological age--Brazilian indices

Forensic age estimation is an important element of anthropological research, as it produces one of the primary sources of data that researchers use to establish the identity of a person living or the identity of unknown bodily remains. The aim of this study was to determine if the chronology of third molar mineralization could be an accurate indicator of estimated age in a sample Brazilian population. If so, mineralization could determine the probability of an individual being 18 years or older. The study evaluated 407 panoramic radiographs of males and females from the past 5 years in order to assess the mineralization status of the mandibular third molars. The evaluation was carried out using an adaptation of Demirjian's system. The results indicated a strong correlation between chronological age and the mineralization of the mandibular third molars. The results indicated that modern Brazilian generation tends to demonstrate an earlier mandibular third molar mineralization than older Brazilian generation and people of other nationalities. Males reached developmental stages slightly earlier than females, but statistically significant differences between the sex were not found. The probability that an individual with third molar mineralization stage H had reached an age of 18 years or older was 96.8-98.6% for males and females, respectively.     

An assessment of early mandibular growth

Quantification of skeletal data has been shown to be an effective and reliable method of demonstrating variation in human growth as well as for monitoring and interpreting growth. In South Africa as well as internationally, few researchers have assessed mandibular growth in late fetal period and early childhood and therefore standards for growth and age determination in these groups are limited. The purpose of this study was to evaluate growth in the mandible from the period of 31 gestational weeks to 36 months postnatal. A total of 74 mandibles were used. Dried mandibles were sourced from the Raymond A. Dart Collection (University of Witwatersrand), and cadaveric remains were obtained from the Universities of Pretoria and the Witwatersrand. The sample was divided into four groups; 31-40 gestational weeks (group 1), 0-11 months (group 2), 12-24 months (group 3), and 25-36 months (group 4). Twenty-one osteological landmarks were digitized using a MicroScribe G2. Ten standard measurements were created and included: the maximum length of mandible, mandibular body length and width, mandibular notch width and depth, mental foramen to inferior border of mandible, mandibular basilar widths bigonial and biantegonial, bigonial width of mental foramen and mental angle. Data were analyzed using PAST statistical software and Morphologika2 v2.5. Statistically significant differences were noted in the linear measurements for all group comparisons except between groups 3 and 4. The mandible morphologically changed from a round, smooth contour anteriorly to adopt a more sharp and narrow adult shape. A progressive increase in the depth and definition of the mandibular arch was also noted. In conclusion, the mandible initially grows to accommodate the developing tongue (up to 11 months), progressive dental eruption and mastication from 12 to 36 months. Mastication is associated with muscle mass development; this would necessitate an increase in the dimensions of the mandibular notch and associated muscle attachment sites. These findings might be valuable in the estimation of age in unidentified individuals and to monitor prenatal growth of the mandible for the early diagnosis of conditions associated with stunted mandibular growth.