Reviewing the exclusionary principle in English contract law

The exclusionary principle in English contract law is a long established but controversial rule of contractual interpretation. This article considers the jurisprudential origins of the principle and critically analyses judicial justification of the principle. This article also puts forward a case for how the principle can be reformed in order to introduce greater fairness within the process of contractual interpretation.     

Distribution of HLA-DQA1, polymarker, CSF1PO, vWA, TH01, TPOX, D16S539, D7S820, D13S317, and D5S818 alleles in East Bengali and West Punjabi populations from Indo-Pak Subcontinent

Blood samples were collected from 115 individuals residing in the Pakistani state of West Punjab and 81 Bengali individuals residing in the state of East Bengal, India. These samples were analyzed for the loci HLA-DQA1, PM (LDLR, GYPA, HBGG, D7S8, and GC) and eight short tandem repeats: CSF1PO, TPOX, THO1, vWA, D16S539, D7S820, D13S317, and D5S818. Departures from Hardy-Weinberg (HWE) were observed in Punjabi population at LDLR, THO1, D13S317, D5S818, and D16S539 and at CSF1PO and THO1 in Bengali population.     

Age estimation using radiographic analysis of laryngeal cartilage

The laryngeal cartilages undergo age changes, including mineralization and ossification. Keen and Wainwright defined, in male and female subjects, recognizable stages of radiopacity of the thyroid, cricoid, and arytenoid cartilages. The present study analyzed quantitatively the degree of laryngeal radiopacity to determine whether radiography of the larynx can be used routinely in forensic pathology to estimate age at death. In each of 82 subjects, the larynx was removed during forensic autopsy and subjected to radiography in an anteroposterior orientation. Each radiograph was independently scored by two observers. For each case, the degree of laryngeal radiopacity was evaluated according to the classification of Keen and Wainwright. There was a positive correlation between the total score of laryngeal radiopacity and age (correlation coefficient = 0.74). It was concluded that this method is simple, fast, and nondestructive and has a good reproducibility between observers. Because there was a wide interindividual variability in the same age class, this method must be associated with more accurate methods.     

Frequency of bone/cartilage lesions in stab and incised wounds fatalities

A retrospective study was carried out on 58 fatalities due to stab or incised wounds. The frequency of bone or cartilage lesions was analysed according to the number of wounds, the circumstances of death and the anatomical site. Our findings showed that bone/cartilage lesions were present in about 53% of the cases. Cartilage lesions were more frequent than bone lesions. The mean number of wounds in the group with bone/cartilage lesions was statistically higher than the mean number of wounds in the group without lesions (P=0.0068). The main cause of death was thoracic injury in the groups with and without bone/cartilage lesions. In case of skeletal remains, only bone or cartilage lesions allow to diagnose stab or incised wounds. The discovery of these lesions, often of small size, justifies a complete and careful examination of skeletal remains with the help of stereomicroscopy.     

Technology and economic development: the case of Taiwan

In this paper it is argued that Taiwan succeeded in developing by deviating from the currently popular ‘Washington Consensus’ strategy in specific ways. In particular, it developed investment strategies that have now reached a crucial ‘Schumpeterian’ phase. This has important implications for high and information technology sectors. Following Schumpeter we assume that innovation in specific firms can have economy‐wide effects. Models based on this idea can be shown to have multiple equilibria. The idea of a positive feedback loop innovation system or POLIS is formalized by picking an appropriate sequence of equilibria over time. It is shown that POLIS has empirical relevance by applying the formal model to an actual economy. Recent financial crisis in many Asian countries, most notably South Korea, seems to have reversed the conventional wisdom regarding the East Asian ‘miracle’. This paper applies the concept of a POLIS to show that neither the current view that the miracle was a mirage nor the earlier contrarian view that the growth was a result of factor accumulation only is correct. Ultimately technological transformation—in particular the creation of a positive feedback loop innovation system is what makes the difference between sustained growth and gradual or sudden decline. Although various problems remain in both the real and the financial sectors, the successes of Taiwan in building the preconditions for an innovation system are worth examining. Upon careful examination of Taiwan's system of innovation within the above Schumpeterian model it is found that of all the ‘miracle’ economies Taiwan has the best chance of building a POLIS in the near future. Because of Taiwan's strength in building a POLIS, the PRC can also benefit from continuing contact with Taiwan through trade and FDI from Taiwan.     

Land tenurial dynamics and participatory forestry management in Bangladesh

Of late, participatory forestry management, more popularly known as ‘social forestry’ (SF), has acquired great significance in Bangladesh as a strategy for both forest resource management and rural development. However, research on the contextual factors such as social relations, institutional structures, forest policies and land tenurial arrangements which regulate SF's performance in the field has been limited. Land ownership and tenurial arrangement is one crucial factor which has remained virtually unexplored in the context of Bangladesh SF. This article examines the land use and tenure arrangements in selected SF projects in Bangladesh. It focuses on the perceptions and choice of the SF farmers regarding land ownership, tenure and use; implications of central land tenurial policy on farm productivity and farmers' motivation; and also on the difference between farmers' land use choice and the assumptions of the SF planners. It shows that land tenure is a complex issue for SF. Although tenurial security is a major motivating force for farmers, providing permanent land ownership alone has little impact on farm productivity or on the growth of collective effort among SF farmers. Farmers need institutional assurance and support (especially from the government) to fully utilize the potential rights and benefits associated with such ownership. © 1998 John Wiley & Sons, Ltd.