Having the cake and eating it too: efficient penalty clauses in Common and Civil contract law

In this paper we examine one of the areas where there is a marked difference between Civil and Common contract law, that of the enforcement of liquidated damages and more particularly of penalty clauses. Common law judges are quite reluctant to enforce liquidated damages, especially if they believe that they include penalty clauses which are not enforceable. On the contrary, in almost all European contract laws liquidated damages are readily enforced, as are penalty clauses when they are not manifestly excessive. Although most law and economics scholars have criticized Common law courts for the non-enforcement of penalty clauses, there is a sizable minority of scholars who have defended the Common law “non-enforcement” policy on the ground that penalty clauses are inefficient because they hinder efficient breach. However, and despite the merits of the arguments advanced by advocates of the non-enforcement of penalty clauses, we believe that Common law’s rejection of penalty clauses is inefficient. We further show that the Civil law solution to the problem is not only comparatively more efficient, but that it can also appease the worries of those scholars who are afraid that efficient breaches will be deterred. The solution that Civil law systems give to the problem manages to enforce the parties’ wishes and to avoid deterring efficient breaches. However, we point out that in order for the Civil law systems to take advantage of this superiority, the interpretation of their Civil Codes should be guided by economic analysis and the respect to the wishes of the contracting parties.     

Explanation of nonspecific serologic reactions in decomposed bone tissue

Bone fragments were stored in water for 2 years at room temperature and investigated serologically using the following methods: Absorption-elution, extraction of blood group substances and immunohistochemistry (PAP). All 3 methods gave essentially specific results for fresh bone tissue but with putrid bone tissue unspecific reactions were found predominantly with the absorption-elution and PAP techniques. In contrast, more specific reactions were obtained from the extracts although they were much weaker. From this it can be concluded that pure physical binding plays a substantial role in the unspecific reaction between antibodies and bone material. It is suggested that the relevant physical properties are altered by putrification.     

Gender comparisons in the relationship between parental and sibling violence and nonfamily violence

This paper addresses two neglected areas in the research on the relationship between family violence and violence outside the home: violence other than parent-child abuse and the effect of gender. Specifically, we consider both parental and sibling violence as independent variables, nonfamily violence as the dependent variable, and gender as the specification variable. The data were collected from a sample of 306 students in Introductory Sociology and Social Problems classes. The finding of particular importance is that the interaction between the gender of both the aggressor and the victim has a significant effect on the relationship between violence within the home and nonfamily violence.     

The use of human skin in the fabrication of a bite mark template: two case reports

Comparison of a suspected biter's dental arches with the patterned injury of a bite mark is especially difficult when the bite occurs in an anatomic location with a small radius of curvature or with complex or compound curves. The authors present two case reports in which human skin was used as a template for the reproduction of a bite. In one case the victim's skin was used; in the other, the skin of a anatomically similar person was used. The use of inked dental casts, photography, and transparent overlays significantly reduced the errors common to analysis of bite marks in these highly curved areas.