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     

Behavioral Public Administration ad fontes: A Synthesis of Research on Bounded Rationality,Cognitive Biases,and Nudging in Public Organizations

This article provides a comprehensive overview of how policy makers, practitioners, and scholars can fruitfully use behavioral science to tackle public administration, management, and policy issues. The article systematically reviews 109 articles in the public administration discipline that are inspired by the behavioral sciences to identify emerging research trajectories, significant gaps, and promising applied research directions. In an attempt to systematize and take stock of the nascent behavioral public administration scholarship, the authors trace it back to the seminal works of three Nobel Laureates—Herbert Simon, Daniel Kahneman, and Richard Thaler—and their work on bounded rationality, cognitive biases, and nudging, respectively. The cognitive biases investigated by the studies reviewed fall into the categories of accessibility, loss aversion, and overconfidence/optimism. Nudging and choice architecture are discussed as viable strategies for leveraging these cognitive traps in an attempt to alter behavior for the better, among both citizens and public servants.     

Associations Between Psychosocial Well-Being,Stressful Life Events and Emotion-Driven Impulsiveness in European Adolescents

Journal of Youth and Adolescence - Knowing the extent to which mental well-being and stressful life events during adolescence contribute to personality characteristics related to risk-taking...     

The Erratic Behavior of Lesions in Burnt Bone

This study analyses depressed fractures (by blunt force trauma) and circular full‐thickness injuries (drill injuries and gunshot wounds) in charred bones. Fifty bovine ribs (total 104 lesions) were divided into three groups. The first group consisted in 20 depressed hammer‐produced fractures; in the second one, 60 round drill‐holes were produced (30 circular, 30 semicircular); in the third group, 12 fleshed and 12 skeletonized ribs were hit by 9‐mm bullets. Each specimen was carbonized in an electric oven up to 800°C. Morphological and metric analyses were performed before and after: morphological features were preserved, but depressed fractures showed an increase in their dimensions (p‐value < 0.05); the drilled holes shrunk (p‐value < 0.01); the charring cycle increased the number of fractures in samples with gunshot wounds differently in fleshed and defleshed ribs. This study showed the complex behavior of charred bone, for what concerns the interpretation of trauma and how caution should be applied.     

Hair and urine testing to assess drugs of abuse consumption in couples undergoing assisted reproductive technology (ART)

For the first time in Europe hair and urine testing have been applied to assess drugs of abuse consumption in couples undergoing assisted reproductive technology and the eventual association of toxic habits with other lifestyle, health status and sociodemographic factors was also investigated. Couples attending five assisted reproduction centers in Rome were invited to join the study. When they presented at the Centre for the visit, they were asked to answer a structured questionnaire concerning sociodemographic characteristics and lifestyle habits, and at the same time to provide hair and urine samples. Hair and urine testing for drugs of abuse, urinary profile of principal endogenous steroids involved in fertility process (testosterone, epitestosterone, androsterone, etiocholanolone and dehydroepiandrosterone) and of alcohol and tobacco smoke biomarkers were performed with validated methodologies. Of the 594 enrolled individuals (297 couples), 352 (164 couples and 24 single individuals from the couple) completed the questionnaire and gave both hair and urine samples, apart from 3 bald men, who only gave urine samples. Urine testing showed an overall 4.8% (17 individuals) positivity to drugs of abuse: 4.2% to cannabinoids, 1.4% to cocaine and 0.85% to both drugs. Results of 4cm segment hair samples testing matched those from urine samples. Thus, taking together, results of urine and hair testing confirmed repeated use of cannabis, cocaine and both drugs in 3.7, 0.85 and 0.57% examined individuals, respectively. Drug consumers were in a statistically higher percentage active smokers and alcohol drinkers, less prone to physical activity and with a trend towards higher weight than non consumers. Finally, repeated drug consumption was associated with significant lower concentration of urinary testosterone in males and of urinary dehydroepiandrosterone in females. The findings of the present study confirm the suitability of urine testing to disclose recent drugs of abuse consumption and of hair analysis to verify repeated consumption. Association between different toxic habits and sedentary lifestyle is also substantiated by the obtained results in our cohort of couples attending assisted reproduction centers.     

How Language Can Influence Political Marketing Strategy and a Candidate's Image: Effect of Presidential Candidates' Language Intensity and Experience on College Students' Ratings of Source Credibility

The present study examines the effects of language intensity on presidential candidates' credibility. We manipulated language intensity levels and experience levels for hypothetical candidates for president of the United States. Manipulation checks confirmed the effectiveness of the experimental conditions. The dimensions of source credibility, character, and authoritativeness were confirmed using confirmatory factor analysis. Analysis of variance indicated that candidates using low-intensity language received higher scores on character than did candidates using high-intensity language. Experienced candidates received higher scores on authoritativeness than did inexperienced candidates. Implications for political marketing of candidates are discussed.     

Accountability or “Good Decisions”? The Competing Goals of Civil Society Participation in International Governance

Civil society participation in international and European governance is often promoted as a remedy to its much-lamented democratic deficit. We argue in this paper that this claim needs refinement because civil society participation may serve two quite different purposes: it may either enhance the democratic accountability of intergovernmental organisations and regimes, or the epistemic quality of rules and decisions made within them. In comparing the European Union and World Trade Organization (WTO) in the field of biotechnology regulation we find that many participatory procedures officially are geared towards the epistemic quality of regulatory decisions. In practice, however, these procedures provide little space for epistemic deliberation. Nevertheless, they often lead to enhanced transparency and hence improve the accountability of governance. We also find evidence confirming findings from the literature that the different roles assigned to civil society organisations as “watchdogs” and “deliberators” are at times difficult to reconcile. Our conclusion is that we need to acknowledge potential trade-offs between the two democratising functions of civil society participation and should be careful not to exaggerate our demands on civil society organisations.     

Political competition and politician quality: evidence from Italian municipalities

We use data from Italian local level governments for the years 1985?C2008 to investigate whether political competition affects the quality of politicians, as measured by some ex-ante characteristics such as educational level and type of job held. We handle endogeneity problems through an instrumental variable approach using as an instrument for political competition a variable taking into account whether the previous Municipal Council survived until the end of its legislative term. Two Stage Least Square estimates support the view that political competition positively affects politician quality. Results are robust to different measures of political competition and to different estimation strategies.     

To Be (Present) or Not To Be (Present): Trials In Absentia before the Special Tribunal for Lebanon

One feature of the Special Tribunal for Lebanon (‘STL’)differentiating it from other international criminal tribunals(except for the Nuremberg International Military Tribunal) isthat its Statute allows for trials in absentia. The Statutepermits such trials when an accused failed to appear in courtor even to appoint a defence lawyer, but only on the conditionthat, where the indictment could not be served or notified tothe accused, it was duly publicized through the media or communicatedto the state of residence or nationality of the accused. Followingthe case law of the European Court of Human Rights, Article22(3) of the STL Statute allows for retrial, except where anabsent defendant was represented at trial by counsel of hisor her own choosing. The author argues this right to retrialshould not be applied either where (i) the accused expresslywaived in writing his right to be present, but then failed toappoint counsel of his choosing; or (ii) a state's failure tohand the accused over to the STL does not cure the accused'srefusal to voluntarily surrender to the STL. She also arguesthat the right of retrial following trials in absentia oughtto accrue to Lebanese courts, notwithstanding Article 5(1) ofthe Statute, which seems to prohibit Lebanese courts retryingindividuals convicted by the STL. Finally, she takes into accountthe position of states that prohibit trials in absentia, butare requested to surrender a person convicted in absentia bythe STL for the purpose of executing his sentence, suggestingan ad hoc agreement between the state in question and the STLmay be required as a remedy.