The incentive effects of settlements under joint and several liability

Several recent articles have examined the effects of joint and several liability on settlement. But these settlement effects also have a significant impact on primary behavior. This paper will examine these effects under the most frequently analyzed paradigm of joint and several liability, in which plaintiff's probabilities of success against the defendants are perfectly correlated and any settlements are applied to future awards under a pro tanto set-off rule (i.e., the award is reduced by the amount of the settlement).Section I will present the basic model of settlement under joint and several liability. Section II will draw the implications of settlement on primary behavior. As others have noted, the settlement effects of joint and several liability increase the expected recovery to the plaintiff and the expected damages payable by defendants. However, this does not mean that they increase defendants' incentives to take care ex ante. Rather, as I will show, the settlement effects of joint and several liability can either increase or decrease incentives to exercise care, depending on the nature of the uncertainty regarding defendant's liability and on the level of care that would prevail otherwise.     

Haptics in forensics: The possibilities and advantages in using the haptic device for reconstruction approaches in forensic science

Non-invasive documentation methods such as surface scanning and radiological imaging are gaining in importance in the forensic field. These three-dimensional technologies provide digital 3D data, which are processed and handled in the computer. However, the sense of touch gets lost using the virtual approach. The haptic device enables the use of the sense of touch to handle and feel digital 3D data. The multifunctional application of a haptic device for forensic approaches is evaluated and illustrated in three different cases: the representation of bone fractures of the lower extremities, by traffic accidents, in a non-invasive manner; the comparison of bone injuries with the presumed injury-inflicting instrument; and in a gunshot case, the identification of the gun by the muzzle imprint, and the reconstruction of the holding position of the gun.The 3D models of the bones are generated from the Computed Tomography (CT) images. The 3D models of the exterior injuries, the injury-inflicting tools and the bone injuries, where a higher resolution is necessary, are created by the optical surface scan.The haptic device is used in combination with the software FreeForm Modelling Plus™ for touching the surface of the 3D models to feel the minute injuries and the surface of tools, to reposition displaced bone parts and to compare an injury-causing instrument with an injury.The repositioning of 3D models in a reconstruction is easier, faster and more precisely executed by means of using the sense of touch and with the user-friendly movement in the 3D space. For representation purposes, the fracture lines of bones are coloured. This work demonstrates that the haptic device is a suitable and efficient application in forensic science. The haptic device offers a new way in the handling of digital data in the virtual 3D space.     

Die UVP – Unheimlich viel Papier?

Zusammenfassung  Die Umweltvertr?glichkeitsprüfung und ihr Stellenwert sind Gegenstand st?ndiger Debatten zwischen Rechtsprechung und Literatur. Hauptdiskussionspunkte sind der verfahrensrechtliche oder materiell-rechtliche Gehalt und die drittschützende Wirkung der Umweltvertr?glichkeitsprüfung. Die deutsche Rechtsprechung hat sehr schnell eine Position entwickelt, die die Umweltvertr?glichkeitsprüfung in Frage stellen l?sst. Sie reduziert die UVP auf ein rein verfahrensrechtliches Instrument, mit wenig Einfluss auf umweltrelevante Vorhaben. Entweder spricht die Rechtsprechung der UVP die drittschützende Wirkung ab oder der Erfolg einer Rüge h?ngt von einer kaum überwindbaren Kausalit?tsmesslatte ab. Durch das Urteil des EuGH in der Sache Wells, verbunden mit der UVP-Richtlinie, hat die Umweltvertr?glichkeitsprüfung in den letzten Jahren an Bedeutung gewonnen. Der Frage, ob die UVP den hohen Erwartungen, welche an sie gestellt wurden, heute gerecht werden kann oder ob sie nicht nur eine überflüssige Prüfung darstellt, der wenig Beachtung beigemessen wird, soll im Folgenden nachgegangen werden.     

The Languages of the Law: An Integrated View From Vico and Conceptual Metaphor Theory

Work on the relation between figurative language and the law is a fairly recent trend, within legal discourse studies, linguistics, and semiotics. The work in conceptual metaphor theory, for example, is starting to unpack the underlying metaphorical and metonymic structure of legal language, producing some new and important insights into the nature of this language. Missing from this emerging line of inquiry are the views of the Neapolitan philosopher Giambattista Vico, who was the first to understand the power of figurative language in the creation of symbolic systems, like language and the law. His tripartite evolutionary model of language shows that there is not one language of the law, but three “languages.” By integrating Vico’s model with the work in conceptual metaphor theory it will be possible to penetrate the underlying conceptual structure of legal discourse and thus lead to a more insightful science of this discourse.     

The paradox of collective action: Linking interest aggregation and interest articulation in EU legislative lobbying

Olson's logic of collective action predicts that business interest associations face fewer collective action problems than citizen action groups. This article challenges this assumption by arguing that forming an organization comes with different collective action problems than voicing a joint policy position. This leads us to examine an important paradox: Citizen groups face challenges in establishing themselves as organizations but find it relatively easy to position themselves on policy issues, whereas the reverse is true for business associations. We study this paradox empirically based on interviews with spokespersons of interest organizations active in the European Union and find support for our hypotheses. Our findings demonstrate that citizen groups position themselves on policy issues more easily than business interests and that this competitive advantage is amplified when policy issues attract the attention of the media.     

Differentiation of epithelial cell types by cell diameter

Genital swabs play an important role in cases of alleged sexual assault. The aim of our study was to see if epithelial cells from the vagina, glans penis, or mouth could be distinguished on the basis of size. Vaginal swabs were taken from 12 women in different phases of their menstrual cycles; penile swabs were taken from 5 men, and mouth swabs were taken from 6 men and 6 women. For each swab, a sample was smeared across a microscope slide and allowed to dry. The dried epithelial samples were then viewed without any further processing with a "SteReoLumar.V12" stereo microscope. The microscope slide surfaces were divided into grids and all single epithelial cells whose contours could be clearly distinguished were photographed. The maximum diameter for each photographed cell was digitally determined using the Axiovision software. In total, 995 vaginal epithelial cells, 211 penile epithelial cells, 329 male oral epithelial cells, and 525 female oral epithelial cells were measured. Menstrual cycle phase did not affect vaginal epithelial cell diameter. The mean vaginal epithelial cell diameter was 63.95 microm (min. = 28.08 microm, max. = 108.06 microm, s = 11.50 microm). The mean penile epithelial cell diameter was 39.24 microm (min. = 28.38 microm, max. = 51.02 microm, s = 4.84 microm). The diameter of oral epithelial cells hardly differed for both sexes, although the female cells were, on the whole, slightly larger. On the basis of these results, it is not possible to conclude that epithelial cells of less than a certain diameter found in the assessment of a vaginal swab must be of penile origin. It is also not possible to usefully distinguish vaginal epithelial cells from male or female oral epithelial cells on the basis of the diameter. However, finding epithelial cells with a diameter distinctly greater than 50 microm in a penile swab sample suggests the presence of vaginal or oral epithelial cells. Epithelial cells examined with the presented method can be used without restrictions for further examinations, such as single-cell DNA analysis after single-cell picking with the micromanipulator developed by Aura Optik (Jena).     

From alcohol to liquid ecstasy (GHB)--a survey of old and modern knockout agents. Part 1: historic and classic knockout agents

Alcohol has been the most important knockout drug in history and literature and continues to play an essential role up to now. Blunt force to the head in the form of a knockout punch is another mechanism leading to a transient loss of consciousness. Diethyl ether and chloroform are among the classical knockout substances. Although they have meanwhile been replaced by modern sedatives and hypnotics, their use is still observed in isolated cases.     

The impact of court errors on liability sharing and safety regulation for environmental/industrial accidents

We focus in this paper on the effects of court errors on the optimal sharing of liability between firms and financiers, as an environmental policy instrument. Using a structural model of the interactions between firms, financial institutions, governments and courts we show, through numerical simulations, the distortions in liability sharing between firms and financiers that the imperfect implementation of government policies implies. We consider in particular the role played by the efficiency of the courts in jointly avoiding Type I (finding an innocent firm guilty of inappropriate care) and Type II (finding a guilty firm not guilty of inappropriate care) errors. This role is considered in a context where liability sharing is already distorted (when compared with first best values) due not only to the courts’ own imperfect assessment of safety care levels exerted by firms but also to the presence of moral hazard and adverse selection in financial contracting. There is also not congruence of objectives between firms and financiers on the one hand and social welfare maximization on the other. Our results indicate that an increase in the efficiency of court system in avoiding errors raises safety care level, thereby reducing the probability of accident, and allowing the social welfare maximizing government to impose a lower liability [higher] share for firms [financiers] as well as a lower standard level of care.