Iniuria Migrandi: Criminalization of Immigrants and the Basic Principles of the Criminal Law

In this paper I am specifically concerned with a normative assessment, from the perspective of a principled criminal law theory, of norms criminalizing illegal immigration. The overarching question I will dwell on is one specifically regarding the way of using criminal law which is implied in the enactment of such kinds of norms. My thesis will essentially be that it constitutes a veritable abuse of criminal law. In two senses at least: first, in the sense that by criminalizing illegal immigration criminal law puts a ban on (certain categories of) persons, rather than on their actions/omissions, in a way in which a principled criminal law should not do; and—second—in the sense that the criminalization of illegal immigrants represents a perversion of the criminal law, being a case in which criminal norms are (unjustifiably) used as means to attain extrapenal aims.     

Economic crisis and lawmaking. The impact of crisis on legislative agenda in Italy

Major economic crises are focal events that often drive changes in various aspects of political systems. Although extensive work has been done to investigate the effect of exogenous shocks on political phenomena such as government termination, public opinion and policy outcomes, the impact of major crises on the process of policymaking has so far received scarce attention. Building on existing literature on policy agendas and legislative organization, this paper explores how the Eurozone crisis has affected the legislative agenda of the Italian parliament. The data used include information on the 1,110 bills submitted to parliament during Legislature XVI (2008–2013). Our analysis shows that, with the worsening of the crisis, bill proposals related to macroeconomic issues become increasingly more likely to enter the legislative agenda, displacing legislation dealing with other topics. Our argument is corroborated by a comparison between Legislature XVI and a pre-crisis legislature (2001–2006), as in the latter term the legislative agenda follows different patterns.     

Altruism and Spite in Politics: How the Mind Makes Welfare Tradeoffs About Political Parties

How much will people sacrifice to support or oppose political parties? Extending previous work on the psychology of interpersonal cooperation, we propose that people’s minds compute a distinct cost–benefit ratio—a welfare tradeoff ratio—that regulates their choices to help or hurt political parties. In two experiments, participants decide whether to financially help and hurt the inparty and outparty. The results show that participants were extremely consistent (>?90%) while making dozens of decisions in a randomized order, providing evidence for tradeoff ratios toward parties. Moreover, participants’ ratios correlated in the expected directions with partisanship, political ideology, and feelings of enthusiasm and anger toward each party, corroborating that these ratios are politically meaningful. Generally, most participants were willing to sacrifice at least some money to help their inparty and hurt the outparty. At the same time, a sizable minority hurt their inparty and helped their outparty. Welfare tradeoff ratios push our understanding of partisanship beyond the classic debate about whether voters are rational or irrational. Underneath the turbulent surface of partisan passions hide precise calculations that proportion our altruism and spite toward parties.

     

The public sector and co-creation in turbulent times: A systematic literature review on robust governance in the COVID-19 emergency

The capacity of public sector of co-creating with other stakeholders is challenged by the increasing presence of disruptive turbulent events, such as the COVID-19. At this regard, robustness has been identified as a suitable response to deal with this kind of events. Through a systematic literature review, we analyzed how public sector organizations have co-created with other actors during the COVID-19 and what have been the contribution of robust governance strategies. Our findings point firstly to the empirical validity of the robustness concept, providing evidence of the extensive use of robust governance strategies into the co-creation processes. Second, we identified a configurational approach to robustness, with governments co-creating by simultaneously employing several robust strategies. Thirdly, we observed a more active involvement of societal stakeholders, with emergence of proto-institutions and potential threats to the political system.     

Incomplete antitrust laws and private actions for damages

Our purpose in this paper is to identify some of the implications that derive from the incompleteness of antitrust laws. Since with regard to certain anticompetitive conduct, the law remains substantially incomplete up to the first relevant court judgment, in terms of policy it is worth concentrating on stand-alone claimants who, not relying on earlier judgments, face very high evidentiary requirements, while generating large positive (information) externalities for potential follow-on claimants. The paper is structured as follows. In Sect. 2, we introduce the notion of incompleteness of the laws and address the process of production of evidence in antitrust lawsuits. Sect. 3 provides a survey of EU national case law and our summary of the results puts emphasis on incomplete laws, evidentiary requirements and stand-alone lawsuits. Sect. 4 presents a framework model to distinguish the decision-making processes for stand-alone and follow-on claimants in the presence of incomplete antitrust laws. In Sect. 5 we introduce a vector autoregressive model that we test with reference to the US antitrust law enforcement regime. Sect. 6 discusses some policy options and concludes the paper.     

Varieties of Participation in Public Services: The Who, When, and What of Coproduction

Despite an international resurgence of interest in coproduction, confusion about the concept remains. This article attempts to make sense of the disparate literature and clarify the concept of coproduction in public administration. Based on some definitional distinctions and considerations about who is involved in coproduction, when in the service cycle it occurs, and what is generated in the process, the article offers and develops a typology of coproduction that includes three levels (individual, group, collective) and four phases (commissioning, design, delivery, assessment). The levels, phases, and typology as a whole are illustrated with several examples. The article concludes with a discussion of implications for research and practice.     

Reshaping Cultural Heritage Protection Policies at a Time of Securitisation: France,Italy, and the United Kingdom

In the context of the increasing securitisation of cultural heritage, France, Italy, and the United Kingdom have reacted differently to the recent wave of iconoclasm perpetrated by the Islamic State of Iraq and Syria (ISIS) and similar radical groups and terrorist organisations. With cultural heritage now discursively identified as a security concern, the three states enacted security practices to deal with the newly emerged security threats. All three cases show a tight association between the protection of cultural heritage, development and security policies. State-driven cultural heritage protection policies continue to be designed around the notion of multilateral cooperation, although innovative forms of public-private multilateralism and civil-military cooperation are increasingly being introduced.     

Fake & original: the case of Japanese food in Southeast Asian countries

This paper seeks to answer two main questions: whether restaurants using a national brand to capture customers in fact use original national ingredients for producing food and, in cases where original ingredients are not used, what is the economic rationale behind this choice? Specifically, the study focuses on Japanese restaurants in three Southeast Asian countries, using a theoretical model and an empirical investigation based on interviews and survey data collected through field research. Considering restaurants, their suppliers, and their customers, we show how a dual asymmetric-information problem exists, between suppliers and restaurants and between restaurants and their customers. The results indicate that a first reason for buying non-original ingredients—important especially for cheaper restaurants—is a desire to reduce costs. That said, the use of non-original ingredients occurs among all types of Japanese restaurants in the three studied countries. It does not depend on the presence of a Japanese chef or owner, nor on the share of Japanese customers. By contrast it does significantly depend on the reliability of the wholesale channel, and the resultant difficulties that restaurants encounter when buying original ingredients.

     

Fatal hemorrhage from a periumbilical wound: Stabbing or hemorrhage from a caput medusae?

Varices are the main clinical manifestation of portal hypertension, and their bleeding is the predominant cause of mortality from this condition. Periumbilical varices are known as “caput medusae.” Reports of their bleeding are rare, with only three fatal cases described in the literature. The antemortem diagnosis is relatively simple, while the postmortem diagnosis is more complex. This paper is the first report of fatal hemorrhage from a caput medusae for which the diagnosis was made postmortem, thanks to a complete diagnostic process including scene and circumstances, medical history, and autopsy with detailed histology. The circumstantial analysis showed the presence of a large amount of blood at the scene, blood which originated from a small abdominal wound; an analysis of the subject's clinical data reported that he was affected by portal hypertension. The autopsy revealed some dilated and convoluted veins in the subcutaneous tissue of the umbilical region; a fistula between these veins and the abdominal wound was detected. The histological study confirmed the presence of periumbilical varices, one of them ruptured and connected with the overlying skin. The cause of death was attributed to a massive hemorrhage generated by a periumbilical varix in a patient affected by portal hypertension.