Review of Books on Private Law and EU Law

Books reviewed in this article:
H. Kötz, Europäisches Vertragsrecht, Band I: Abschluß, Gültigkeit und Inhalt des Vertrages
H. Kötz, A. Flessner, European Contract Law, vol. 1: Formation, Validity, and Content of Contract; Contract and Third Parties
U. Drobing, Private Law in the European Union     

Intimacy status: Relationship to interpersonal perception

Five modes of reacting to the intimacy-isolation crisis of young adulthood were described, measured, and validated. Criteria for inclusion in one of the five intimacy statuses were (1) presence or absence of peer friendships, (2) presence or absence of an enduring-committed-heterosexual relationship, and (3) depth vs. superficiality of peer relationships. Statuses were compared on a partner-perception task assessing subject's intimate knowledge of his partner (a close male or female friend who accompanied the subject to the experiment). In all, 66 male college students participated in the study, 50 with male partners and 16 with female partners. The results support the hypothesis that subjects high in intimacy status share a greater degree of mutual knowledge and understanding with their partners then medium-or low-level intimacy status subjects.The research was supported by SUNY/Buffalo Institutional Funds Grant No. 050-A081A.This article is based in part on a doctoral dissertation submitted to the State University of New York at Buffalo (Orlofsky, 1974).Received Ph.D. in clinical psychology at the State University of New York at Buffalo in 1974. Primary research interest is in personality development during late adolescence and young adulthood, particularly identity formation and the development of an intimate mode of interpersonal relationships. Also involved in research on sex roles and psychological androgyny.     

Correlates of self-concept among black early adolescents

This study examines the self-concept of Black eighth-grade students from the Midwest in relation to Black acceptance, social intimacy, locus of control, and sex-role type. Twenty-eight students high in self-concept were compared with 31 students whose self-concept was low. As predicted, the high self-concept group scored higher than the low self-concept group in intimacy, internality, and acceptance of black identity. As also predicted, the high self-concept group had a significantly greater number of adolescents with masculine and androgynous sex roles than the low self-concept group; Black females with high self-concepts included a larger proportion of individuals with androgynous sex roles than low self-concept females. However, the prediction that high self-concept males would have a larger proportion of masculine sex roles than low self-concept males was not supported. The difficult situation of the low self-concept adolescents is discussed, along with the implications for intervention.On clinic internship at Smolian Psychiatric Clinic in Birmingham, Alabama. Major interests are clinical psychology and Black identity.Received Ph.D. in social psychology from the University of Colorado. Major interests are the development of intimacy and identity in adolescence and young adulthood.     

Toward a contemporary tradition for menarche

A cultural tradition to acknowledge a girl's first menstrual period is proposed in order to overcome the negative connotation of the event. Three basic questions regarding such a tradition are addressed: Who would participate? What would it mean? What type of activity should it be? A research team consisting of a psychologist, a nurse, and a social worker suggests answers based on their interviews with mothers and daughters, as well as their collection of menarche anecdotes from women psychologists.     

A review of major factors contributing to errors in human hair association by microscopy.

Forensic hair examiners using traditional microscopic comparison techniques cannot state with certainty, except in extremely rare cases, that a found hair originated from a particular individual. They also cannot provide a statistical likelihood that a hair came from a certain individual and not another. There is no data available regarding the frequency of a specific microscopic hair characteristic (i.e., microtype) or trait in a particular population. Microtype is a term we use to describe certain internal characteristics and features expressed when observing hairs with unpolarized transmitted light. Courts seem to be sympathetic to lawyer's concerns that there are no accepted probability standards for human hair identification. Under Daubert, microscopic hair analysis testimony (or other scientific testimony) is allowed if the technique can be shown to have testability, peer review, general acceptance, and a known error rate. As with other forensic disciplines, laboratory error rate determination for a specific hair comparison case is not possible. Polymerase chain reaction (PCR)-based typing of hair roots offer hair examiners an opportunity to begin cataloging data with regard to microscopic hair association error rates. This is certainly a realistic manner in which to ascertain which hair microtypes and case circumstances repeatedly cause difficulty in association. Two cases are presented in which PCR typing revealed an incorrect inclusion in one and an incorrect exclusion in another. This paper does not suggest that such limited observations define a rate of occurrence. These cases illustrate evidentiary conditions or case circumstances which may potentially contribute to microscopic hair association errors. Issues discussed in this review paper address the potential questions an expert witness may expect in a Daubert hair analysis admissibility hearing.     

Et Tu, Counselor: may an in-house attorney file a qui tam action against the attorney's employer?

Most corporations probably do not consider their in-house counsel to be potential qui tam threats. That may be a naive assumption. Case law provides an illustrative view of the legal ramifications involved when an attorney brings a qui tam suit. In general, there is no prohibition on attorneys who wish to bring these actions. Nevertheless, a corporation can take preventive steps to eliminate the likelihood of attorney qui tam actions. In addition, the corporation can take advantage of state professional ethics laws to mount a defensive action against the attorney who files any such action.     

The conflict between notions of fairness and the Pareto principle

Most legal academics and policy makers believe that notionsof fairness should be accorded positive weight in evaluatinglegal policies. We explain, however, that ascribing importanceto any notion of fairness (other than one concerned solely withthe distribution of income) will sometimes lead to a conflictwith the Pareto principle. That is, to endorse a notion of fairnessis to endorse the view that it can be desirable to adopt a legalrule that will reduce the well-being of every person in society.