The Role of the State and International Organizations inReconciling Sustainable Development and Globalization

The concepts of sustainable development and globalization have developed separately, with little recognition that there is significant overlap between them. This article seeks to argue that there is a need to try to reconcile these concepts and that, in particular, it is a fundamental mistake to consider globalization as inevitable whilst seeing sustainable development as an optional policy choice. In seeking to achieve this reconciliation, the role of the State and international organizations in maintaining public governance is reaffirmed.     

Rethinking Product Liability: A Missing Element in the European Commission's Third Review of the European Product Liability Directive

The paper uses the opportunity afforded by the European Commission's Third Report of the Product Liability Directive to assess the present state of product liability in Europe. It notes that despite the maximal harmonisation character of the Directive there is a risk of divergence between Member States on key issues including the core concept of defectiveness. The Commission seems at times confused (for example, as regards the relationship between defect and fault liability) and more often complacent about the risks of divergence; but this sits uneasily with the espousal of maximal harmonisation. Ultimately there may be a need for a rethinking of product liability to ensure greater clarity as regards the underlying rationale supporting strict liability. This seems unlikely to materialise in the near future and so at the very least the Commission should act to clarify some core concepts that are proving difficult to interpret for the courts.     

Autonomy,paternalism, and institutional interest: why some conflicts can't be waived

This paper asks the question of why, in some cases, a client is precluded from demanding of their lawyer that they act for them and their adversary simultaneously. We accept that in numerous instances a lawyer can act for clients whose interests may diverge (or in some cases do in fact diverge) providing informed consent has been obtained. This paper enquires as to why the line between waivable and non-waivable conflicts is drawn where it is, and examines the theoretical underpinning of the waiver rule and its boundaries. It does so by first looking at the client autonomy argument for allowing waivers. It then turns to explore the paternalistic justifications for rendering a consensual waiver of a conflict inoperative. Finally it looks at those cases where a waiver is not permitted that are left unexplained by paternalism. It argues that paternalism, properly understood, is a legitimate justification for most refusals to accept a waiver of conflict. However, a residual body of cases remain unexplained by paternalism. Those cases are best explained by the propensity of the law and the legal profession to protect its institutional values and interest.     

Using state polls to forecast U.S. Presidential election outcomes

This paper uses pre-election polls to forecast U.S. Presidential election outcomes in the states and the Electoral College. The approach is notable in three ways. First, we employ state-level polls to predict voting outcomes in the states; second, we associate probabilities with alternative election outcomes, and third, we identify states most likely to be pivotal in the Electoral College. Using information available on the day before the election, we estimated that the probability of a Republican victory in the Electoral College in the 2004 election was 47.27%.     

Attracting federal research funds: Why so much from so many goes to so few

This paper addresses the question of the distribution of federal research funds. It is noted that the top five institutions in terms of federal funding occupy very stable and extremely high rankings in terms of the quality of their academic programs in a variety of fields. It is suggested that this is part of their overall strategy for achieving organizational effectiveness. The implications for technology generation and transfer are discussed. In view of the various theories of organizational effectiveness, it is noted that research oriented universities that consistently win in the quest for federal research funds have developed both the structure and atmosphere necessary for responding to external groups.     

Operational parameters in the stolen property system

The operational steps involved in the theft of property are identified and discussed with central attention being given to the criminal receiver of stolen goods—the “fence”. Both the likely and unlikely divisions of labor in the stolen property marketplace are analyzed as are the functional progressions of events in the theft industry. The analysis is based on a field research project.     

Differentiation of side chain isomers of ring-substituted amphetamines using gas chromatography/infrared/mass spectrometry (GC/IR/MS).

Common analytical methods used for identifying samples obtained from clandestine laboratories were evaluated for their ability to differentiate between possible amphetamine isomers and homologs. A series of ring-substituted (4-methyl, 4-methoxy, and 3,4-methylenedioxy) amphetamine and N-methylphenethylamine isomers was analyzed using color tests, thin-layer chromatography, gas chromatography/mass spectrometry (GC/MS) and GC/infrared (GC/IR). The N-acetyl derivatives of the isomers were analyzed using GC/IR/MS. GC/IR/MS readily differentiated the 4-methylphenylalkylamine isomers. MS and IR spectra were also obtained for each pair of the 4-methoxyphenylalkylamine isomers and the 3,4-methylenedioxyphenylalkylamine isomers, but differentiation via GC/IR/MS was difficult. The N-acetyl derivatives of each pair of isomers could be readily differentiated using GC/IR/MS. Good library researchable spectra for N-acetylamphetamine could be obtained for IR identification with 10 ng (on-column) and MS identification with 2 ng. The spectrometrically independent IR and MS data obtained for the N-acetyl derivatives indicated that the combination of GC/IR/MS can add a significant level of confidence in the analysis of ring-substituted arylalkylamines.     

A Practical Guide for the Formulation of Propositions in the Bayesian Approach to DNA Evidence Interpretation in an Adversarial Environment

The interpretation of complex DNA profiles is facilitated by a Bayesian approach. This approach requires the development of a pair of propositions: one aligned to the prosecution case and one to the defense case. This note explores the issue of proposition setting in an adversarial environment by a series of examples. A set of guidelines generalize how to formulate propositions when there is a single person of interest and when there are multiple individuals of interest. Additional explanations cover how to handle multiple defense propositions, relatives, and the transition from subsource level to activity level propositions. The propositions depend on case information and the allegations of each of the parties. The prosecution proposition is usually known. The authors suggest that a sensible proposition is selected for the defense that is consistent with their stance, if available, and consistent with a realistic defense if their position is not known.