Identity Confusion

When I was in high school, I went on a family vacation to Ocho Rios, Jamaica. I was getting lunch at a grilled chicken stand, when the cook asked me, "Miss Chin, where are you from?" (Jamaicans use Miss Chin as an affectionate nickname for all Chinese women.) I answered, "I’m from New Jersey, but I’m Korean." He practically dropped his spatula. "Whaaaat? I never met Korean Japanese Miss Chin fromNewJersey!"heshouted.Thatwas the only time I’ve had someone     

The legal duty of IAPs to preserve traffic data: a dream or a nightmare?

This paper describes, from the perspective of a defence attorney, the role and the limitations of IAP involvement in digital evidence collection in Italy.     

Information Aggregation and Optimal Structure of the Executive

We model two aspects of executives in parliamentary democracies: Decision‐making authority is assigned to individuals, and private information is aggregated through communication. When information is relevant to all policies and communication is private, all decisions should be centralized to a single politician. A government that holds cabinet meetings, where information is made available to all decision makers, outperforms one where communication is private: A multimember cabinet can be optimal; it need not be single peaked around the most moderate politician or ideologically connected. Centralization is nonmonotonic in the degree of ideological divergence. In a large cabinet, all power should be given to the most moderate politician. Even when uncertainty is policy specific and a single politician is informed on each policy, power should never be fully decentralized. Our model provides a justification for centralized authority and cabinet meetings that enhance the quality of policy.     

Robotic prostheses as products enhancing the rights of people with disabilities. Reconsidering the structure of liability rules

The term ‘robot’ refers to a wide variety of devices, serving very different purposes. The case of robotic prostheses is considered here. After defining such devices, and briefly describing the technical peculiarities that characterize their functioning and distinguish them from traditional implants, their relevance with respect to the fundamental rights of people with disabilities is considered. Pursuant to the United Nations Convention on the Rights of Persons with Disabilities, a claim is made that favouring the development of said applications may be required to subscribing states. In light of such considerations, the liability regime – namely that emerging from the Defective Product Directive – is analysed, in the attempt to determine – with a prospective analysis – the impact that said rules are likely to have on their development. The technology-chilling effect and the anticipated extremely complex evidentiary burden the user would have to face in order to obtain compensation lead us to conclude that legal reform is advisable. Some alternatives are considered, and in particular that of the development of a – partially – state-funded no-fault plan, intended to allow more ex ante certainty for producers and researchers (favouring the development of said devices), and prompt and adequate compensation to the victim in case an accident occurs.     

Effects of Homeopathic Mother Tinctures on Breath Alcohol Testing

In some countries, it is illegal to drive with any detectable amount of alcohol in blood; in others, the legal limit is 0.5 g/L or lower. Recently, some defendants charged with driving under the influence of alcohol and have claimed that positive breath alcohol test results were due to the ingestion of homeopathic mother tinctures. These preparations are obtained by maceration, digestion, infusion, or decoction of herbal material in hydroalcoholic solvent. A series of tests were conducted to evaluate the alcoholic content of three homeopathic mother tinctures and their ability to produce inaccurate breath alcohol results. Nine of 30 subjects gave positive results (0.11–0.82 g/L) when tests were taken within 1 min after drinking mother tincture. All tests taken at least 15 min after the mother tincture consumption and resulted in alcohol-free readings. An observation period of 15–20 min prior to breath alcohol testing eliminates the possibility of false-positive results.