Positivism,Legal Validity,and the Separation of Law and Morals

The essay discusses the import of the separability thesis both for legal positivism and for contemporary legal practice. First, the place of the separability thesis in legal positivism will be explored, distinguishing between “standard positivism” and “post‐Hartian positivism.” Then I will consider various kinds of relations between law and morality that are worthy of jurisprudential interest, and explore, from a positivist point of view, what kind of relations between law and morality must be rejected, what kind of such relations should be taken into account, and what kind of such relations are indeed of no import at all. The upshot of this analysis consists in highlighting the distinction between two different dimensions of legal validity (formal validity and material validity respectively), and in pointing out that the positivist separability thesis can apply to formal validity only. On the other hand, when the ascertainment of material validity is at stake, some form of moral reasoning may well be involved (here and now, it is necessarily involved). The essay concludes with some brief remarks on the persisting importance of the positivist jurisprudential project.     

Subarachnoid Hemorrhage and Carbon Monoxide Exposure: Accidental Association or Fatal Link?

This case study reports a fatal subarachnoid hemorrhage (SAH) with concomitant accidental carbon monoxide (CO) exposure in 32‐year‐old man. Autopsy results indicated an antemortem aspiration of smoke, and a massive SAH was identified as the cause of death. Intriguingly, the carboxyhemoglobin level was 30%, suggesting that CO could have played a specific role. Intracranial hemorrhages following CO exposure in brain areas and tissues such as the basal ganglia, globus pallidus, or white matter are rare, but well characterized, whereas SAH related to CO exposure has not been previously described. In this case report, the possible role of CO, either as a primary cause or as a facilitating factor, in the pathogenesis of SAH is discussed. In particular, we propose the hypothesis that the excessive vasodilating effects produced by CO on the cerebral endothelium results in consequential loss of microvascular integrity.     

Death from renal cyst: spontaneous or traumatic rupture?

We report an unusual death of an apparently healthy 56-year-old male due to massive hemorrhage caused by rupture of an artery in the wall of a solitary renal cyst, possibly after a relatively minor trauma. Fatalities due to spontaneous or posttraumatic rupture of renal cysts are extremely rare but can represent a potential danger for people with acquired cystic kidney disease. Our report describes results of the forensic investigation and discusses possible mechanisms of the rupture.     

Tax Evasion Across Italy: Rational Noncompliance or Inadequate Civic Concern?

The paper suggests anexplanation for the geographical dimensionof tax evasion that focuses on thestructure of territorial government. Taxesadministered by the central government arenot differentiated by regions. Poor areasmay prefer a combination of lower taxes andlower levels of public services at both thecentral and the local level. This isespecially true when income and wealthlevels differ among the areas and thedemand for publicly provided goods iscorrelated to these levels. But the use ofnationally uniform tax schedules imposes awelfare burden on poorer areas. While thetax rates of local taxes can be adjusted tolocal preferences, tax evasion may betacitly accepted as a compensation for thewelfare loss deriving from too highcentrally set tax rates.     

Determination of drugs of abuse in hair: evaluation of external heroin contamination and risk of false positives

One of the most controversial point regarding the validity of hair testing is the risk of false positive due to external contamination. The aim of our experience is to verify if a 5 consecutive days contamination with a small amount of a powdered mixture of heroin hydrochloride and acetylcodeine hydrochloride (10:1 w/w) will last sufficiently long to make a contaminated subject indistinguishable from active users, and if normal washing practices together with the decontamination procedure are sufficient to completely remove the external contamination.Our results suggest that decontamination procedures are not sufficient to remove drugs penetrated into hair from external source. In fact, all contaminated subjects were positive for opiates (heroin, 6-MAM, morphine, acetylcodeine and codeine) for at least 3 months.Significant 6-MAM concentrations (>0.5 ng/mg) were found in each subject until 6th week. Further, 6-MAM/morphine ratio were always above 1.3.     

Language and education laws in multi-ethnic de facto states: the cases of Abkhazia and Transnistria

Even after the conflicts of the early 1990s that brought them to their de facto independence, both Abkhazia and Transnistria remained strongly multi-ethnic. In both territories, no single ethnic group is an absolute majority and Russian is the language that is mostly spoken on the streets of Sukhumi and Tiraspol. Legislators of both entities felt the need to deal with multi-ethnicity and multilingualism, including in their constitutions, in laws related to education, or more directly with specific language laws (1992 law “On languages” in Transnistria; 2007 law “On the state language in Abkhazia”). The protection of linguistic rights that is formally part of the legislation of both territories finds limitations in practice. The language of education has proved to be particularly contentious, in particular for Moldovan/Romanian language schools in Transnistria and Georgian language schools in Abkhazia. Why are language laws in Abkhazia and Transnistria so different, in spite of the fact that they are both post-Soviet, multi-ethnic territories that became de facto independent in the early 1990s? The different approaches found in Abkhazia and Transnistria represent remarkable examples of language legislation as a tool for nation-building in ethnically heterogeneous territories.     

Do citizens hold mayors accountable for local conditions? Evidence from Italian municipalities

Using data on 75 big Italian municipalities between 2010 and 2015, this paper looks at the extent to which citizens’ evaluations of mayors are responsive to changes in local performance indicators. While local economic and crime measures are found not be associated with mayoral approval ratings, there is a correlation between mayors’ popularity and indicators for local public transportation and air quality. Mayors of municipalities where more individuals use public transport and where there is less polluted air enjoy higher approval ratings. Additional analysis shows that this result is driven by very big municipalities (with a population over 500,000) that are more likely to be exposed to high levels of traffic congestion and pollution.     

Models of university technology transfer: analyses and policies

Recent data on European countries show that innovation leaders perform better than economies with low levels of innovation investment and institutions that do not favor knowledge and technology transfer activities. This result confirms that to achieve a high level of performance, countries need a balanced innovation system performing well across all dimensions. More interestingly, the two most important indicators that have been driving increases in performance include new doctoral graduates and international scientific co-publications, that is, two channels of knowledge transfer from universities to firms. This special issue of the Journal of Technology Transfer is dedicated to the discussion of models of university technology transfer, mostly from a European perspective.     

Standardization of Histological Procedures for the Detection of Toxic Substances by Immunohistochemistry in Dipteran Larvae of Forensic Importance

Immunohistochemistry (IHC) technique is an alternative toxicological analysis to detect drugs in insects of forensic importance, but it requires thorough histological procedures. In this study, we tested different fixatives—phosphate‐buffered paraformaldehyde 4% (PP), Carnoy's fluid (CF), Kahle's solution (KS), ethanol in different concentrations, and ethanol associated to PP and CF, time of fixation and histological processes for dipteran larvae's tissue, aiming to develop a sample preparation protocol for IHC application. A suitable fixation was achieved using PP for 12 and 24 h, CF for 3 h, 70% ethanol for 19 days, and 70% ethanol/CF for 2 h/3 h. Postfixation using negative pressure, two immersions in xylene for 30 min each, and one in xylene plus paraffin for 45 min increased tissue preservation. An immunohistochemical test for cocaine detection was performed using monoclonal benzoylecgonine antibody from mouse, peroxidase‐conjugated anti‐mouse IgG and visualized by 3,3′‐diaminobenzidine method showed these histological procedures didn't compromise antigenicity.