Product Liability in the European Union: Compensation and Deterrence Issues

In Europe a common standard of strict liability has been introduced with the European directive 85/374. The implementation of this Directive has not led to an expansion of product liability cases. Moreover neither the product nor the insurance market has been dislocated as in the United States. Both the fact that most liability cases continue to be discussed under national legislation—even when it is based on liability with fault—and the different price of insurance in Eurpean Countries show that the directive did not reach its harmonisation goals. We discuss the optional provisions that limit strict liability under the directive, but claim that the scarce impact of liability laws—in spite of increasing concerns for product safety—may be due to compensation provided by the Welfare State and to the cost of access to justice in Europe. Compensation by the Welfare State is inadequate with respect to the internalisation of the cost of accidents especially when public institutions do not file claims against liable producers. Product safety regulation should have performed the deterrence function. However we also point out that the threat of reputation losses is a powerful incentive for firms to carefully control product safety, when consumers increasingly care about product quality and accidents are heavily advertised by media.JEL Classification: K13, K41     

Tax Evasion Across Italy: Rational Noncompliance or Inadequate Civic Concern?

The paper suggests anexplanation for the geographical dimensionof tax evasion that focuses on thestructure of territorial government. Taxesadministered by the central government arenot differentiated by regions. Poor areasmay prefer a combination of lower taxes andlower levels of public services at both thecentral and the local level. This isespecially true when income and wealthlevels differ among the areas and thedemand for publicly provided goods iscorrelated to these levels. But the use ofnationally uniform tax schedules imposes awelfare burden on poorer areas. While thetax rates of local taxes can be adjusted tolocal preferences, tax evasion may betacitly accepted as a compensation for thewelfare loss deriving from too highcentrally set tax rates.     

Immigration reform,the INS,and the distribution of interior and border enforcement resources

This paper investigates the Immigration and Naturalization Service (INS) interior and border enforcement effort allocation choice following the enactment of IRCA in 1986. The INS increasingly allocated a disproportionate amount of resources along the border as a result of the new law. It is contended that this behavior is consistent with that of a public agency intent on maximizing its budget and not in accord with minimizing the undocumented population in the United States. The theory developed here is then used to evaluate proposals that could potentially reconcile the INS's objectives with those of the policy makers and the public.     

At risk: betting-related match-fixing in Brazilian football

Crime, Law and Social Change - Brazilian football is strongly affected by betting-related match-fixing, as indicated by numerous incidents over the past years. However, little remains known about...     

Inter-organisational technology/knowledge transfer: a framework from critical literature review

This paper aims to provide, through a literature analysis, a solid theoretical foundation that allows identifying the critical factors for technology/knowledge transfer. The literature review allowed to summarize the main contributions collected, to identify the main critical factors for technology/knowledge transfer and to frame them in a simple framework, carrying out a rationalization and classification. We built a reference framework, called “model of technology/knowledge transfer”. The proposed structure considers six categories related to the actors involved (sources, recipients and intermediaries), the relationship between them, the object of the transfer, the channels and mechanisms and the reference context. The factors represent all the main parameters and levers to consider in the design and implementation of an activity of technology/knowledge transfer. This can direct also future research by deepening these factors or the relationship among them.     

Modification of the Marmarou and Foda model of diffuse axonal injury (DAI) improves percentage survival of rats at 24 h and increases the amount of DAI identified

More than two decades ago, Marmarou published a valid model for producing diffuse axonal injury (DAI) in rats. Since then, both mild and severe injuries have been obtained by researchers using the original method and a weight of 450 g. However, the diffuse brain injuries produced in rats were only similar to those seen in humans when the rats sustained severe brain injuries. In these cases, rat mortality in the original article was around 50%, and the cause of death was prolonged apnea post-impact. Rat survival after impact is critical for studying the progression of DAI. In order to explain the cause of death in human victims with cranial trauma who do not show gross brain injury, testing for the presence of DAI is essential. Thus, in order to minimize local and cervical injuries to increase rat survival, attention should be paid to the following aspects: a wider head protector disc should be used, the head of the rat should be elevated at the time of impact, and the foam bed should be soft enough to allow the movement caused by acceleration. With our modified method, rat survival increased by 30% compared to the original model (80% versus 50%). Moreover, 85.7% of rats demonstrated DAI after 24 h of survival. With these modifications, injuries appear in the same locations as in humans; thus, the method is suitable for the study of traumatic DAI in humans.     

Characteristics and Frequency of Chipping Effects in Near‐Contact Gunshot Wounds

The presence of “chipping” or “flaking” around the edges of gunshot entry wounds has been described among the characteristics of gunshot wounds in bone. In this study, the real frequency of such a peculiar feature was investigated. The presence of “chipping” was assessed on 22 gunshot wounds fired at a near‐contact range on bovine ribs with 9‐mm bullets. As controls, five samples were shot with a 3 cm range, and five from 40 cm. In 77% of cases shot at near‐contact range, a detachment of small fragments of the upper layers of bone was detected, mainly with a circumferential disposition, whereas this feature was lacking in control samples. The study demonstrated the frequency of “chipping” and that it may probably be due to a combined ballistic effect of impact of the bullet itself and expansion of gases. It may be thus considered indicative of close‐range shots.     

The detection of metallic residues in skin stab wounds by means of SEM-EDS: A pilot study

The morphological analysis of stab wounds may often not be accurate enough to link it with the type of wounding weapon, but a further evaluation may be performed with the search for metallic residues left during the contact between the instrument and the skin. In this study, Scanning Electron Microscopy-Energy Dispersive Spectroscopy (SEM-EDS) was applied to the study of cadaveric stab wounds performed with kitchen knives composed of iron, chromium and nickel, in order to verify the presence of metallic residues on the wound's edge. Two groups of 10 corpses were selected: group A, including victims of stab wounds and a control group B (died of natural causes). Samplings were performed on the lesions and in intact areas of group A, whereas in group B sampling were performed in non-exposed intact skin. Samples were then analysed with optical microscopy and SEM-EDS. In group A, optical microscopic analysis showed the presence of vital haemorrhagic infiltration, while SEM-EDS showed evidence of microscopic metal traces, isolated or clustered, consisting of iron, chromium and nickel. Moreover, in two cases organic residues of calcium and phosphate were detected, as a probable sign of bone lesion. Control samples (group A in intact areas and group B), were negative for the search of exogenous material to optical microscopy and SEM-EDS. The results show the utility and possible application of the SEM-EDS in theidentification of metallic residues from sharp weapons on the skin.     

Male haplotypes and haplogroups differences between urban (Rimini) and rural area (Valmarecchia) in Romagna region (North Italy)

The distribution of Y chromosomal haplotypes and haplogroups in two different population samples from the Romagna region (North Italy) was performed. One population sample was collected in the urban area of Rimini, an ancient port in Roman age and the other one in the near and geographically more isolated rural area of Valmarecchia. Fast and slow evolving markers have been studied to infer population history and to analyse the microgeographic heterogeneity of Y chromosome in a Northern Italian region. Haplotype variability values compared to those observed in a Central Italy sample from the other side of Apennine mountains and in an Austrian population sample were very similar.