An attempt to incorporate fairness into an economic model of tort law

This paper incorporates fairness into a simple economic model of tort law and discusses the difficulties of doing so. People are assumed to adhere to either the negligence or the strict norm and to incur a cost if liability is not imposed in accordance with their norm. The optimal standard of negligence is determined in a trade-off between fairness and efficiency. Conditions are derived under which preferences for fairness do not affect the optimal negligence standard. The modeling difficulties concern the ad hoc nature of the fairness norms. They are argued to be inherent to the subject.     

On the enforcement of specific performance in Civil Law countries

Proponents of specific performance as a remedy for breach of contract have found support in the alleged use of the remedy in Civil Law countries. However, we provide evidence that specific performance is in fact a rare remedy in Denmark, Germany and France, and under CISG, when performance requires actions to be undertaken, and we relate this to costs of enforcement. We argue that it is administratively costly to run a system of enforcement that renders specific performance attractive to the aggrieved party, and that the Civil Law countries have (like Common Law countries) chosen not to incur these costs of enforcement. This is especially clear in the case of Denmark, where specific performance of actions has been abandoned as a legal remedy.At the normative level, we argue that enforcement costs provides an additional rationale, over and above the rationales of the theory of efficient breach, for damages and against specific performance as the general remedy.     

Predictors of length of stay in forensic psychiatry: The influence of perceived risk of violence

This study describes the prevalence of adverse events and length of stay in forensic psychiatric patients with and without a restriction order. Detailed clinical and administrative information from medical records and written court decisions was gathered retrospectively from admission until discharge for a Swedish population-based, consecutive cohort of forensic psychiatric patients (n = 125). The median length of stay for the whole cohort was 951 days, but patients with a restriction order stayed in hospital almost five times as long as patients without. Restriction orders were related to convictions for violent crime, but not for any other differences in demographic or clinical variables. The majority of the patients (60%) were involved in adverse events (violence, threats, substance abuse, or absconding) at some time during their treatment. Patients with restriction orders were overrepresented in violent and threat events. Previous contact with child and adolescence psychiatric services, current violent index crime, psychotic disorders, a history of substance, and absconding during treatment predicted longer length of stay. Being a parent, high current Global Assessment of Functioning scores, and mood disorders were all significantly related to earlier discharge. In a stepwise Cox regression analysis current violent index crime and absconding remained risk factors for a longer hospital stay, while a diagnosis of mood disorder was significantly related to a shorter length of stay.     

Irregular Warfare and Tactical Changes: The Case of Somali Piracy

The aim of this article is to analyze the tactical behavior of Somali pirates, international naval forces, and the shipping community operating in the Gulf of Aden and the Somali Basin. To what extent has tactical behavior changed over time and can this process be understood in more theoretical terms? Our theoretical framework centers around some concepts often used in naval doctrine, discussing tactical change in terms of command and control, force, mobility, protection, intelligence, and endurance. We also evaluate this change using two tactical concepts—tactical adaptation and tactical development. The empirical data is based on statistics from the International Criminal Court-International Maritime Bureau and the EU NAVFOR Operation Atalanta, as well as interviews. We conclude that Somali piracy has unquestionably adapted their tactics to circumstances, while naval forces have increased their capacity to capture pirates and shipping to avoid pirates.     

Individuals lacking ridge detail: A case study in adermatoglyphia

Adermatoglyphia is a very rare autosomal‐dominant condition that is genetically inherited and causes an individual to be born without conventional ridge detail on either their palmar or plantar surfaces (the fingers and palms of the hands and the toes and the soles of the feet). While adermatoglyphia has been the focus of medical and genetic research, no previous research has been conducted with regard to the forensic recovery and identification of marks from an adermatoglyphic individual. By observation of ridge detail donated by an adermatoglyphic subject, the study uses different methods in order to capture fingermarks (methods include: inked capture, livescan (biometric) capture, cyanoacrylate fuming, ninhydrin enhancement, and physical developer). Unusually, the purpose of this paper ends up presenting a number of examples of an absence of evidence; unsuccessful attempts made to capture and enhance fingerprint ridge detail. This is determined over a range of standard means including "live" donations by the adermatoglyphic subject onto the Livescan system, and enhancements of latent donations. The subject shows to leave either insubstantial fingermarks with no detail, or no mark whatsoever.     

Identity creation and the culture of contrition: Recasting ‘normality’ in the Berlin Republic

This paper considers transformations in the concept of national identity post‐unification. In particular, it is interested in examining the changed status of the NS past in contemporary formulations of national identity. Whilst during the Historikerstreit conservative thinkers predicated the plea for conventional patriotism upon a ‘normalisation’ or ‘reladvisation’ of the NS past, left‐liberal discourse based the case for a post‐national Verfassungspatriotismus upon the critical engagement with the NS period. The collapse of the Cold War political framework has profoundly altered the polarised discourse over the German past and during the 1990s the critical consciousness of National Socialism became a central tenet of contemporary formulations of national identity. The paper attempts to place the contemporary discourse on national identity within a broader historical context and to consider reasons for recent transformations in perceptions of the German national past.