Guarding against Nanotort Liabilities

Recent headlines comparing the health risks of nanotechnology to those of asbestos have appeared in newspapers throughout the country and on the Internet. Governmental agencies and standard-setting organizations have begun considering and actually adopting requirements to protect against such purported risks. The plaintiffs’ bar and potential plaintiffs have surely taken note. There is every reason to believe that the era of mass tort and class actions related to nanotechnology—“nanotorts” for short—is rapidly approaching. This article examines what nanotort claims might look like, the role that regulations and industry practices may play in such lawsuits, potential defenses to those claims, and what nanotech companies can do now to guard against future nanotort liabilities.     

Banking on Folk Art: Banamex‐Citigroup and Transnational Cultural Citizenship

This article offers two readings of The Great Masters of Mexican Folk Art, a travelling exhibition of the Fomento Cultural Banamex, AC's folk art collection that coincided with Citigroup's buyout of Banamex, Mexico's second largest bank. The first, a political economic critique, situates the exhibition within the neoliberal economic reform of the Mexican banking system and the designs of US‐based transnational banks on migrant remittances. The second, a material culture approach, focuses on the exhibitionary strategies employed to incentivise folk art consumption as a mode of cosmopolitan citizenship.     

CHILDREN'S RIGHTS IN EUROPEAN LEGAL PROCEEDINGS: WHY ARE FAMILY PRACTICES SO DIFFERENT FROM LEGAL THEORIES?

Debates about child custody following parental separation often have been framed in terms of a battle between the competing rights of different family members. In the United States, advocates of mothers’ rights square off against proponents of fathers’ rights, with each side claiming to truly represent children's rights. Of course, not all advocates lay claim to children's rights in contact and custody disputes merely as a tactical maneuver. Some experts believe that children are entitled to (and benefit from) their own, independent legal advocate in custody cases. In theory, at least, the position that children lay claim to a third set of independent rights is strongly held in Europe, more strongly than in many U.S. states, because of the adoption of United Nations Convention on the Rights of the Child in Europe, but not in the United States. In this article, we examine children's rights in custody disputes from a European perspective, particularly children's legal right to contact with their parents, as well as the children's right to be heard in custody and contact disputes. We find that, despite differences in legal theory, tradition, and family demographics, European countries ultimately face a familiar reality: Custody and contact disputes are, in reality, more about renegotiating family relationships than they are a matter of a mother's, father's, or child's rights.     

澳大利亚、新西兰、香港、加拿大传闻法律改革及酝酿中的改革——以“先前不一致陈述”为重要视角

本文概览了澳大利亚、加拿大、新西兰、香港等四个主要的环太平洋普通法系国家和地区的传闻法律改革,尤其关注与先前不一致陈述相关的改革。指出先前不一致陈述事关"被告人获得公平对待"以及"证人的人权"等基本原则,因此,如何对待先前不一致陈述将成为一项有效的指标,通过该指标。我们得以评价传闻法律改革中的关键原则以及个人权利在大多数严重犯罪的起诉、审判过程中的境况。认为无论借助成文法还是借助先例,公正的传闻法改革应当适用某些相互一致的基本原则,包括放宽采纳传闻的条件决不能以错案数量增长或不公正审判为代价,将传闻改革与保护被告人、证人的基本权利紧密联系起来,保护证人不受任何形式的强迫或不当侦查行为的干扰,辩护律师必须能够无拘束地对陈述可采性加以质疑,通过充分、及时地开示证据来分析有争议的证据的可采性等。     

Student Success and Failure in a Graduate Criminology/Criminal Justice Program

Despite the burdens that students and institutions assume when underwriting educational careers, very little is known about completion rates, risk factors, and successful strategies of criminology/criminal justice (CCJ) graduate programs. Consequently, the present study tracks 287 master’s and 70 doctoral students who entered the Florida State University CCJ program during the 1991–2000 academic years. Almost two-thirds of this cohort earned an advanced degree. Younger students with higher GRE scores were more likely to complete the master’s program. Successful doctoral degree recipients tended to have lower GRE scores, be non-White, and earn their master’s degrees in-house. In terms of time-to-degree, it took over two years to earn an M.A. and slightly more than six years to negotiate the Ph.D. Implications are explored for the program, the university, and the discipline.     

Post-injection hybridization of complementary DNA strands on capillary electrophoresis platforms: A novel solution for dsDNA artifacts

Several laboratories have reported the occurrence of a split or n − 1 peak at the vWA locus in PowerPlex^® 16 and PowerPlex^® ES amplification products separated on 4- and 16-capillary electrophoresis instruments. The root cause of this artifact is post-PCR reannealing of the unlabeled, unincorporated vWA primer to the 3′-end of the tetramethylrhodamine (TMR)-labeled strand of the vWA amplicon. This reannealing occurs in the capillary post-electrokinetic injection. The split peak is eliminated by incorporation into the loading cocktail of a sacrificial hybridization sequence (SHS) oligonucleotide that is complementary to the vWA primer. The SHS preferentially anneals to the primer instead of the TMR-labeled strand of the vWA amplicon. In addition, the n − 10/n − 18 artifact that may be seen at the vWA locus was determined to be due to double-stranded amplicon formed post-electrokinetic injection into the capillary. This was also eliminated by adding in two Complementary Oligo Targets (COT1 and COT2) in addition to the SHS oligonucleotide into the loading cocktail. These three oligonucleotides are complementary to the 33 bases at the 5′-end of the unlabeled vWA amplicon strand and the 60 bases at its 3′-end and therefore compete for hybridization to the TMR-labeled amplicon strand. Incorporation of these three oligonucleotides in the Internal Lane Standard 600 (ILS600) eliminate both the split peak and n − 10/n − 18 artifact in PowerPlex^® 16 and PowerPlex^® ES amplification products without affecting sizing of alleles at the vWA locus or any locus in the PowerPlex^® 16, PowerPlex^® Y, PowerPlex^® ES, AmpFlSTR^® Profiler Plus^® ID, AmpFlSTR^® Cofiler^®, and AmpFlSTR^® SGM Plus^® kits.     

Business Routes of Influence in Brussels: Exploring the Choice of Direct Representation

This paper presents one of the first statistical analyses of the factors that determine the extent to which direct influence strategies are used by companies. New survey evidence and multivariate analysis is used to assess seven hypotheses to explain direct influence strategies. The factor of greatest significance is company size since direct influence is open only to large companies. But the extent to which direct influence is followed by large companies depends on their sector, its extent of organization, the sector's size and 'weight', and the form of the business association relevant to the sector. Direct influence is more likely where associations cover large corporate businesses (rather than owner-managers, professionals, federations or mixed associations), in sectors with a high degree of market concentration within large companies, and where their associations are relatively small. These findings are related to the logic of collective action suggesting that in sectors where there is the least chance to opt out of an association, there is a greater chance of a business also directly lobbying in order to assure itself that its interests are not being diluted and so that it can gain direct specific information or influence benefits.