Tolerance and the Law

Analyzing the legal dimension of tolerance in the field of international law (especially in international U.N. Declarations and Covenants on human rights), the author emphasizes how the principle of tolerance implies not merely a legal system "agnostic" to religious truth but also the development of minorities and the principle of non-discrimination in a democratic system. Non-discrimination appears to be particularly important in the face of the current phenomena of religious extremism and intolerance; development of a multicultural society is recognized in the U.N. Declaration against Intolerance and Discrimination of 1981.     

Public Co-Financing of Private Sector's Investments: Subsidiarity and Corruption

The literature on corruption makes unclearpredictions on the relations betweensubsidiarity principle, according to whichpublic decisions should be done at thelower level government possible, andcorruption of public officials. In thispaper, we compare two alternative regimes,centralised vs. decentralised, forthe public co-financing of privateprojects. We show that, in the absence ofcorruption, the two regimes give the same results. Borrowing from the Chamberlin's analysis ofmonopolistic competition and from therent-seeking literature, we introducecorruption in the model as a selling costfor the private suppliers. We show that acentralized regime causes higher corruptionlevels because of the higher number ofprivate suppliers of competing projects. Asa result, a central government tends tohave a higher level of public capitalexpenditure than two (equally corruptible)regional governments.     

Money laundering in a two-sector model: using theory for measurement

This paper implements a methodology that exploits firms and households’ optimality conditions to measure money laundering for the Italian economy. This approach, first implemented by Ingram et al. (J Monet Econ 40:435–436, 1997) to the household production sector, and by Busato et al. (Using theory for measurement: an analysis of the behaviour of underground economy working paper, Aarhus University, 2006) for measuring the underground economy, allows to generate high frequency time-series for money laundering using a theoretical two-sector dynamic general equilibrium model calibrated over the sample 1981:01–2001:04. The analysis of the generated series suggests two main results. First, money laundering accounts for approximately 12 percent of aggregate GDP; second, money laundering is more volatile than aggregate GDP and it is negatively correlated with it.

The structure of drug trafficking mafias: the ‘Ndrangheta and cocaine

The paper analyses the social organization of two drug trafficking mafia groups. The groups belonged to the 'Ndrangheta, a mafia from Calabria, a Southern Italian region. Based on judicial sources, multiple linked analyses examine the tasks, statuses and social network structures of the two groups. The analyses showed that the formal hierarchy of the mafias does not play a relevant role in the organization of drug trafficking. At the same time, the two groups exhibited a particular organizational structure, with a clear division of tasks and signals of status differentiation among the members. Remarkably, the analyses highlighted the strategic positioning of the criminal leaders. The most prominent participants (high-status individuals) were not those most involved in criminal activities (i.e. the most central in the network). This positioning strategy allowed minimizing the risks and ensuring effective management of smuggling operations. Criminal leaders were able to control the activities thanks to the specific cultural, family, kinship and ritual ties characterizing the mafias. This specific organizational structure may explain the strong resilience of mafias to law enforcementaction. Implications for both research and law enforcement are discussed.     

X-ray mapping technique: a preliminary study in discriminating gunshot residue particles from aggregates of environmental occupational origin

The possibility of detection of lead-antimony-barium aggregates from non-firearm sources is confirmed according to the tests performed on brake pads, and firework and automobile workers. Moreover, information on particles taken from cartridge cases shows the relative feeble importance of the morphology in distinguishing gunshot residues (GSRs). Furthermore, also the presence in the spectrum of other elements (e.g., iron) is not so conclusive. In this panorama, the possibility of discriminating gunshot residue particles from other non-firearm lead-antimony-barium aggregates is investigated: the proposed method is based on X-ray mapping technique--currently applied used in Reparto Carabinieri Investigazioni Scientifiche in Rome, the forensic service of Italian Carabinieri--according to which the spatial distribution of the emission energy of each element of the sample is pictured. Gunshot residues present the same lead-antimony-barium distribution (or at least the same antimony-barium distribution with lead nodules), as some other environmental occupational aggregates do not (different plaques of lead, antimony, and barium). So, X-ray mapping technique can offer a new fundamental evaluation parameter in analysis of gunshot residues with scanning electron microscopy/energy-dispersive (SEM/EDS) spectrometry, and new standards could be considered.     

Medical malpractice: a study of case histories by the Forensic Medicine Section of Bari

The learning objectives of this paper are to study the actual extent of medical malpractice, the medical acts at risk, and their impact on mortality. The number of suits filed against physicians for deaths resulting from alleged malpractice and autopsies ordered by the Judicial Authority in cases of possible therapeutic misadventures are rising. A major factor pushing this trend is public mistrust of healthcare providers and public and facilities. This mistrust is partly fueled by the mass media which, often to gain larger audience shares, sensationalizes single cases of real or alleged iatrogenic injury. Further, the potential for astronomic settlements, either from the single doctor or from the healthcare institution, has increased the number of legal proceedings that start on the basis of mere suspicion. In this context, the autopsy becomes an important instrument for shedding light on the situation, and it must be carried out by highly qualified and experienced professionals capable of ascertaining the cause of death, identifying any possible misconduct, and assessing its consequences. We reviewed the data regarding autopsies performed at the Forensic Medicine Section of the Department of Internal and Public Medicine of the University of Bari over 1991 to 2000. We culled the cases alleged malpractice and, from these, identified those in which the death had truly been caused by medical error. This study also allowed us to understand the incidence of lethal therapeutic misadventures and to identify the medical and surgical branches more frequently involved.     

The House of Lords in Al-Jedda and Public International Law: Attribution of Conduct to Un-Authorized Forces and the Power of the Security Council to Displace Human Rights

Netherlands International Law Review -     

Fingerprint Change: Not Visible,But Tangible

Hand–foot syndrome, a chemotherapy‐induced cutaneous toxicity, can cause an alteration in fingerprints causing a setback for cancer patients due to the occurrence of false rejections. A colon cancer patient was fingerprinted after not having been able to use fingerprint recognition devices after 6 months of adjuvant chemotherapy. The fingerprint images were digitally processed to improve fingerprint definition without altering the papillary design. No evidence of skin toxicity was present. Two months later, the situation returned to normal. The fingerprint evaluation conducted on 15 identification points highlighted the quantitative and qualitative fingerprint alteration details detected after the end of chemotherapy and 2 months later. Fingerprint alteration during chemotherapy has been reported, but to our knowledge, this particular case is the first ever reported without evident clinical signs. Alternative fingerprint identification methods as well as improved biometric identification systems are needed in case of unexpected situations.     

Parent-Child Agreement on Parent-to-Child Maltreatment

Parent-child agreement on child maltreatment was examined in a multigenerational study. Questionnaires on perpetrated and experienced child maltreatment were completed by 138 parent-child pairs. Multi-level analyses were conducted to explore whether parents and children agreed about levels of parent-to-child maltreatment (convergence), and to examine whether parents and children reported equal levels of child maltreatment (absolute differences). Direct and moderating effects of age and gender were examined as potential factors explaining differences between parent and child report. The associations between parent- and child-reported maltreatment were significant for all subtypes, but the strength of the associations was low to moderate. Moreover, children reported more parent-to-child neglect than parents did. Older participants reported more experienced maltreatment than younger participants, without evidence for differences in actual exposure. These findings support the value of multi-informant assessment of child maltreatment to improve accuracy, but also reveal the divergent perspectives of parents and children on child maltreatment.