Preventive War and Permissive Normative Order

Following the terrorist attacks of September 11, 2001, U.S. president George W. Bush articulated a new national security strategy based on striking terrorist organizations and the states that harbor them before they could endanger the United States. Though expressed in the language of preemption, the Bush strategy embodied a far more problematic doctrine of preventive warfare. Whereas the grounds for preemption lie in evidence of a credible, imminent threat, the basis for prevention rests on the suspicion of an incipient, contingent threat. We argue that an American national security strategy that embraces preventive war will set an inauspicious precedent, undermining normative restraints on when and how states may use military force.     

Developing a Spatial-Temporal Method for the Geographic Investigation of Shoeprint Evidence

Abstract:  This article examines the potential of a spatial-temporal method for analysis of forensic shoeprint data. The large volume of shoeprint evidence recovered at crime scenes results in varied success in matching a print to a known shoe type and subsequently linking sets of matched prints to suspected offenders. Unlike DNA and fingerprint data, a major challenge is to reduce the uncertainty in linking sets of matched shoeprints to a suspected serial offender. Shoeprint data for 2004 were imported from the Greater London Metropolitan Area Bigfoot database into a geographic information system, and a spatial-temporal algorithm developed for this project. The results show that by using distance and time constraints interactively, the number of candidate shoeprints that can implicate one or few suspects can be substantially reduced. It concludes that the use of space-time and other ancillary information within a geographic information system can be quite helpful for forensic investigation.     

Predicting Short-Term Institutional Aggression in Forensic Patients: A Multi-Trait Method for Understanding Subtypes of Aggression

Accurately predicting inpatient aggression is an important endeavor. The current study investigated inpatient aggression over a six-month time period in a sample of 152 male forensic patients. We assessed constructs of psychopathy, anger, and active symptoms of mental illness and tested their ability to predict reactive and instrumental aggression. Across all levels of analyses, anger and active symptoms of mental illness predicted reactive aggression. Traits of psychopathy, which demonstrated no relationship to reactive aggression, were a robust predictor of instrumental aggression. This study (a) reestablishes psychopathy as a clinically useful construct in predicting inpatient instrumental aggression, (b) provides some validation for the reactive/instrumental aggression paradigm in forensic inpatients, and (c) makes recommendations for integrating risk assessment results into treatment interventions.

EMPOWERING PARENTS IN CHILD PROTECTION MEDIATION: CHALLENGES AND OPPORTUNITIES

One of the greatest challenges that parents face in child protection mediation (CPM) is to voice their concerns and negotiate on a relatively equal basis with the other mediation participants. This article considers how imbalances of power, limited confidentiality protection, and the personal problems that bring parents into the child protection process can limit a parent's ability to exercise self-determination in mediation and offers guidance for mediators seeking to conduct CPM in a manner that effectively empowers parents to meaningfully and collaboratively participate in mediation.     

掠夺性定价的经济学及法律分析——美国和欧盟的经验与趋势

掠夺性定价一般表现为企业为排挤、制约竞争对手或阻碍竞争对手进入市场而在相当长的一段时期内故意将价格设置于其成本之下。其目的是为将竞争对手逐出市场并随后设定高于竞争水平的价格,以收回前期降价的损失。《中华人民共和国反垄断法》以及其他相关的法律法规都包含了禁止掠夺性定价的规定。然而,对于掠夺性定价中的一些具体问题还没有相应的法制规章提供指引和解读,再加上此类案件法院判决的先例在中国现阶段还属少见,因此,本文将详细讲解近年来美国和欧盟的经济学家、反垄断机构以及法院对此类经典案件(如Wanadoo案等)的审理分析经验与趋势,以供借鉴。     

On Necessity as a Defence to Crime: Possibilities, Problems and the Limits of Justification and Excuse

The article reviews recent developments in England in the law of necessity as a defence to crime and calls for its further extension. It argues that the defence of necessity presents the criminal law with difficult questions of competing values and the ordering of harms. English law has taken a nuanced position on the respective roles of the courts and the legislature in the ordering of harms, although the development of the law has been pragmatic rather than coherently theorised. The law has granted necessity some scope as an exculpatory principle in the law of general defences, but it has also respected the primacy of the legislature as the legitimate arbiter of many of the competitions of value that necessity throws up. The recognition of necessity has not been in the form of a single unified defence of that name. Rather it has taken the form of a number of defences, based on a principle of necessity, but with different nomenclature and different rationales. This approach to necessity is defended as right in terms of principle and policy. Any further development of necessity as a general defence should be restricted to two contexts, namely those of emergencies, and of conflicts of duty, where a danger of death or serious injury is present.

NEXT STEPS IN THE EVOLUTION OF ANTITRUST LAW: WHAT TO EXPECT FROM THE ROBERTS COURT

Under the leadership of Chief Justice John G. Roberts, Jr.,the Supreme Court has demonstrated a willingness to cast asidethe Court's prior antitrust decisions. The qualified per serule applicable to tying surely will not survive much longer,but what else might be in store is more speculative. This essayidentifies four decisions relating to competitor collaborationin which the Court's prior application of the per se rule doesnot comport with its modern decisions. In two of the cases,the conduct likely would be found lawful today; while in theother two, the conduct most likely still would be condemnedbut only after an abbreviated application of the rule of reason.This essay also identifies three legal doctrines ready for retirement.They are the absolute requirement of market delineation as apredicate for merger analysis, the outmoded approach to marketdelineation of Brown Shoe, and the unhelpful formulation ofthe monopolization offense in Grinnell.     

Direct amplification of STRs from blood or buccal cell samples

Forensic databasing laboratories routinely analyze blood or buccal cell samples deposited on FTA^® paper. Prior to PCR amplification of the STRs, the FTA^® samples must undergo multi-step sample purification protocols to remove the PCR inhibitors present within the sample and from the FTA^® paper. The multi-step sample purification protocols are laborious, time-consuming and increase the potential for sample cross-contamination.To eliminate the need for DNA purification, we conducted studies to optimize the PCR buffer and thermal cycling parameters to allow for direct amplification of STRs from blood or buccal samples on FTA^® paper. We evaluated the effect of various factors on the DNA profile including: FTA^® disc size, blood sample load variation, and buffer formulation. The new STR assay enables the direct amplification of DNA from single source samples on FTA^® discs without sample purification. The new STR assay improves the workflow by eliminating tedious steps and minimizing sample handling. Furthermore, the new STR assay reduces cost by eliminating the need for purification reagents and expensive robots.     

Risk assessment in offenders with intellectual disability: a comparison across three levels of security

In mainstream offender samples, several risk assessments have been evaluated for predictive validity. This study extends this work to male offenders with intellectual disabilities. Participants from high-, medium-, and low-security settings, as well as community settings, were compared on a range of risk assessments. The Violence Risk Appraisal Guide, HCR-20-Historical Scale, the Risk Matrix 2000-C (combined risk), and the Emotional Problems Scales-Internalising discriminated between groups, with participants from high security having higher scores than those in medium security, who had higher scores than those in the community. The Violence Risk Appraisal Guide, all HCR-20 scales, the Short Dynamic Risk Scale, and the Emotional Problems Scales (Internalising and Externalising) showed significant areas under the curve for the prediction of violence. The Static-99 showed a significant area under the curve for the prediction of sexual incidents. The discussion reviews the value of these various scales to intellectual disability services.