Litigation and the Evolution of Legal Remedies: A Dynamic Model

In this paper we build uponexisting literature on the evolution of thecommon law. We consider a model of legalevolution in which judges have varyingideologies and propensities to extend thedomain of legal remedies and causes ofaction. Parties have symmetric stakes andare rational. Plaintiffs bring a case tocourt if the expected net return from thecase is positive. The net expected value ofthe case depends on the objective merits ofthe case, the state of the law, and theideological propensity of the judge.Plaintiffs have full control over whetherto bring a case to court. In our model, thecombined presence of differences in judges'ideology and plaintiff's case selectiongenerate a monotonic upward trend in theevolution of legal rules and remedies. This may explain the stylized fact underwhich certain areas of the law have beengranting increasing levels of remedialprotection and recognition of plaintiffs'actions.     

Death Caused by Toxic Epidermal Necrolysis (Lyell Syndrome)

Abstract: Toxic epidermal necrolysis (TEN) is characterized by fever, scalded appearance of the skin, and epidermolysis associated to blister formation and exfoliation, and it is caused by hypersensitivity reaction to a drug. The authors report two cases of death as a result of TEN; both referred to old aged women treated with a polytherapy including allopurinol. Both patients displayed erythematous skin lesions similar to scald burns and epidermolysis at the face, chest, and abdomen and died shortly after hospitalization. Autopsy findings and histological examinations revealed epidermal necrolysis and confirmed the clinical diagnosis. A strict time‐correlation between allopurinol administration and symptoms was evidenced. Because of its iatrogenic origin, TEN often arises suspicions of medical liability; however, because of its unpredictable nature, the occurrence of this syndrome cannot be ascribed to the medical staff whose main task is the rapid diagnosis and the correct management.     

Personal Identification by Morphometric Analyses of Intra‐Oral Radiographs of Unrestored Teeth*

Abstract: The aim of this study was to work out a biometric method for personal identification by comparing simulated antemortem and postmortem digital radiographs of unrestored teeth. Intra‐oral radiographs of the inferior right first molar, without restorations, were acquired at two different times in 70 subjects using a standardized technique followed by a morphometric analysis. The program automatically supplied values of the absolute distances, relative distances, shape factors, moments, perimeter values, and the areas of the triangles, which were obtained by joining key reference points. The values for the homologous samples were compared with the heterologous samples. Statistical analysis was then carried out, resulting in a section point value of 0.9992. Higher correlation coefficients indicate positive identification, with less than 2% risk of false positives, and approximately 3% of false negatives. We have also tested the method on dental records from 30 patients in order to demonstrate the specificity and sensitivity of the system.     

DNA identification of sperm cells collected and sorted by flow cytometry

In cases of rape, obtaining enough biologic material for DNA identification of the attacker is often difficult because the methods for distinguishing and separating sperm cells from vaginal cells are not sufficiently efficacious. This article describes a new, innovative method for spermatic DNA extraction from the vaginal washing fluid by means of flow cytometry. The high specificity and sensitivity of the flow-cytometric sorting method provides enough sperm cells for DNA typing. The ease of execution of this method, involving vaginal washing with physiologic solution and flow-cytometric reading of the fresh sample, substantially increases its cost-benefit ratio.     

Positional asphyxia: reflection on 2 cases

Positional asphyxia, a fatal condition arising because of the adoption of particular body positions, causing mechanical interference with pulmonary ventilation, can occur in various circumstances that are likely to come under the observation of the specialist in legal medicine (work, car accidents, torture, kidnapping, etc.). It is difficult to diagnose the cause of death in such cases because they generally present with an aspecific anatomopathologic picture. In some situations, positional asphyxia can be hard to distinguish from asphyxia because of chest compression. The main difference is in the way the event occurred: whether the particular position causing the asphyxia had been adopted by choice or by compulsion or necessity when an extrinsic mechanical action would result in traumatic asphyxia. The diagnosis of positional asphyxia is essentially based on 3 criteria: the body position must obstruct normal gas exchange, it must be impossible to move to another position, and other causes of natural or violent death must be excluded. To illustrate the main physiopathologic and diagnostic causes of positional asphyxia, the authors report 2 cases taken from the records of events that came under the observation of the Medico-Legal Sector of Bari University Hospital throughout the last 10 years.     

A singular case of murder-suicide committed with a homemade firearm

The authors illustrate a peculiar case of murder-suicide committed with a homemade firearm loaded with 12-gauge cartridges (buckshot). The structure and function of this handcrafted firearm were simple but effective: an iron tube did duty as a barrel in this primitive firearm. The cartridges (modified by winding sticky tape around the external surface of the base) were inserted down one end of the tube (serving as the breech). A second iron tube with a larger diameter (so as to be able to run over each of the preloaded barrels) and with a jutting, cone-shaped metal wedge soldered to the base, was used as a rudimental firing pin. After loading the "barrel" with the modified cartridge, the gunman would ram the "firing pin" tube violently down to fire the shot. Autopsy of the woman's body showed the presence of 3 gunshot wounds caused by buckshot, while the man had a single buckshot wound in the head. Subsequent ballistic investigations enabled reconstruction of the event (typical of murder-suicide) and the functioning of the firearm, demonstrating its lethal nature, remarkably easy handling, and simplicity of production.     

Population data for 12 Y-chromosome STRs in a sample from Brescia (northern Italy)

Twelve Y-chromosome STRs--DYS19, DYS389-I, DYS389-II, DYS390, DYS391, DYS392, DYS393, DYS385, DYS437, DYS438, DYS439--were typed in a population sample (n=104) of unrelated males from Brescia (northern Italy). A total of 91 haplotypes were identified by the 12 Y-STR loci. The haplotype diversity (98.68%), discrimination capacity (87.50%) and gene diversity were calculated.     

Self-destructive processes in institution building and some modest countervailing mechanisms

European Journal of Political Research - Why is institution building difficult? Why does it often turn out to be self-destructive? And how does it take place in spite of its difficulties? Extending...     

A law and economics perspective on terrorism

This paper reviews the existing law and economics literature on crime, noting where various models might apply to the terror context. Specifically, it focuses on two strands of the literature, deterrence and incapacitation. It considers anti-terror measures enacted by different countries, highlighting how the details of the laws correspond to the insights from economic models of crime. In conclusion, the paper proposes an efficient sorting mechanism in which individuals will be provided with incentives to reveal their type to law enforcement authorities.