Governance without a state: Can it work?

In this article we explore how much state is necessary to make governance work. We begin by clarifying concepts of governance and the “shadow of hierarchy” and we follow this clarification with a brief overview of empirical findings on governance research in developed countries. We then discuss the dilemmas for governance in areas of limited statehood, where political institutions are too weak to hierarchically adopt and enforce collectively binding rules. While prospects for effective policymaking appear to be rather bleak in these areas, we argue that governance research has consistently overlooked the existence of functional equivalents to the shadow of hierarchy. We assert that governance with(out) government can work even in the absence of a strong shadow of hierarchy, we identify functional equivalents to the shadow of hierarchy, and we discuss to what extent they can help overcome issues of legitimacy and effectiveness in areas of limited statehood.     

证券投资基金管理人与基金管理公司的法律辨析与现行立法检讨

证券投资基金管理人在基金法律关系中具有核心地位与绝对权利,是基金法制的中心与重点。依法成立的基金管理公司是基金管理人的法定形式;但是,基金管理公司须通过核准方可担任基金管理人且基金业务并非基金管理公司的唯一业务,两者不能简单等同。因此,在对基金管理公司进行法律规制与研究时,应充分考虑其所参加的各类法律关系的特征与需求。但现行基金管理公司的立法与研究并未区分上述两者之间的差异,而将基金管理公司等同于基金管理人加以规范,存在严重的局限性并导致一定程度的不公平,应当予以准确定位与有效调整。     

The use of the laser for determining the direction of the shots and the position of the victim's body in gunshot wounds

In this article a practical case is described when gunshot directions and position of a victim's body at the moment of each shot were determined by natural simulation using an LG-78 laser (made in the form of a gun).     

Hair analysis: a worthless tool for therapeutic compliance monitoring

Hair analysis has been presented by some authors as a possible tool of investigation for estimating patients' compliance to long-term therapies. This paper summarises the different publications that have been devoted to this topic and highlights the available statistical data presented to support this proposition. Qualitative results of such determinations may be of some interest but due to the enormous interindividual variations of quantitative data, the idea of using hair analysis to ascertain whether a patient has taken his treatment exactly as prescribed, clearly appears to be inapplicable.     

UNDERCOVER DECEPTION CLUES: A CASE OF RESTRICTIVE DETERRENCE*

Although studies on drug dealing have examined techniques sellers use to ensure against undercover infiltrations, none has explored the use of such techniques at the interactional level. The objective here is to address this void by exploring the perceptual shorthand dealers use to determine whether buyers in question are undercover. This perceptual shorthand processes one of two types of deception clues in making this judgment: trend discontinuity and interpersonal illegitimacy. Trend discontinuity is associated with police in formants and results from situations in which (I) familiar customers suddenly introduce unfamiliar others who wish to buy drugs and (2) familiar customers suddenly and signifcantly increase quantities they themselves desire to purchase. Interpersonal illegitimacy is associated with undercover agents and results from situations in which unfamiliar buyers emit certain physical and verbal “vibes” believed to be indicative of covert law en forcement personnel. Discussion focuses on the data's presuppositional and microstructural implications for restrictive deterrence (Gibbs, 1975). Data were drawn from semi-structured interviews with 32 semi-institutionalized heroin user-dealers located in a very large western US. city.     

GENDER AND SOUTHERN PUNISHMENT AFTER THE CIVIL WAR*

Recent scholarship raises two questions about the historical relationship between gender and official responses to criminality. First, to what extent has the formal social control of women changed in the past two centuries? Second, to what extent can changes in the presence of women within the criminal justice system be traced to the same factors that account for the changing presence of men? To address these questions, I focus on women incarcerated for felonies in a southern state (Georgia) between 1870 and 1940. Along with a comparable sample of male offenders, this population forms the basis of a time-series analysis that compares, and seeks to account for, trends in admission rates. The analysis yields little evidence that women disappeared from formal system of punishment. Instead, there were gender similarities in punishment trends and in explanations for those trends. Concluding the paper is a discussion of its implications for further research on gender differences in punishment.     

Comparison of fingernail striation patterns in identical twins.

The fingernail ridge patterns of a pair of identical twins were compared to each other, their parents, and an unrelated subject. The patterns of the twins' nails showed regions of strong similarity but were distinguishable from one another. Fewer similarities were found when comparing the nails to those of the parents and the unrelated control. The twins were shown to be monozygotic by means of DNA profiling. This therefore represents the first demonstration of unique fingernail ridge patterns in subjects shown conclusively to be identical twins. When the fingernail ridge patterns were examined with a scanning electron microscope, the backscattered electron (BEI) images were found to have superior contrast when compared to the secondary electron (SEI) images.     

Forensic neuropsychology and the criminal law

This article explores theoretical and empirical issues in the application of clinical neuropsychological evidence to forensic issues in the criminal law. The nature of forensic neuropsychological evaluations is discussed with reference to issues of competency to stand trial, criminal responsibility, and other competencies in the criminal process. Examples of specific disorders relevant to criminal law standards are presented, together with data estimating the prevalence of brain dysfunction in criminal and forensic populations. Research is also reviewed on the role of neuropsychological brain dysfunction in the etiology of violence and criminally relevant behavior. Finally, empirical and ethical issues concerning the applicability and admissibility of forensic neuropsychological data in the criminal context are discussed.