Party Strategies,Constituency Links,and Legislative Speech

This article examines how parties organize legislative speech. Electoral incentives and legislative institutions affect speech participation. When electoral systems create personal vote‐seeking incentives, parties are less concerned with screening speeches and more supportive of members seeking to garner name recognition. But in many countries, legislative rules and norms constrain opportunities for individual position taking during the lawmaking debates. We argue that parties resolve this dilemma by organizing speech participation into nonlegislative speeches and lawmaking debates. In each instance, different types of legislators are more likely to speak. We examine the case of Chile and test the implications of our theory with data on congressional speeches.     

Differences in contract design between successful and less successful franchises

The aim of this paper is to identify differences in contract design between successful and less successful franchise chains. Comparing contracts from both groups of companies, we observe, on the one hand, that (1) franchise contracts are unbalanced irrespective of the chain’s success: contracts cover franchisees’ obligations more than franchisors’ obligations. On the other hand, we find that (2) contracts in successful franchise chains are more complete (i.e. cover a larger number of contingencies) than the less successful ones and (3) this difference lies in the contingencies regarding franchisees’ obligations, which are more fully covered in the contracts of more successful chains. More specifically, within the contingencies regarding franchisees’ obligations, (4) successful chains restrict the franchisee decision rights more frequently on day-to-day business operations than on financial conditions or post-contractual contingencies. These findings can be explained because successful chains are more sensitive to franchisees’ opportunistic behavior, because they have learned how to manage and solve any potential conflicts, or because of differences in bargaining power. Finally (5) franchisors’ obligations are not statistically different between groups, which we interpret as evidence that relational contracting mechanisms do not substitute formalization.     

Credit,crisis and contract enforcement: evidence from the Spanish loan market

A number of theoretical and empirical studies have shown that the development of credit markets is affected by the efficacy of enforcement institutions. A less explored question in this context is how these institutions interact with turns in the economic cycle and the impact of different types of legal procedures on credit market performance. This paper fills these gaps by analyzing how differences in the availability of credit and the evolution of non-performing loans ratios may be partially explained by regional variations in the quality of loan contract enforcement during recent periods of sustained growth (2001–2007) and recession (since 2008) in the Spanish economy. This research concludes that a rise in the clearance rate of executions (i.e., when a judge enforces the repayment of a debt) increases the ratio of total credit to GDP. However, the declaratory stage of the procedure (i.e., when a debt is firstly verified by a judge) does not seem to be statistically significant. A possible explanation to this finding is that, throughout the economic cycle, a relevant proportion of the defaults that take place are strategic (i.e., defaults by a solvent debtor). Furthermore, it is observed that, in regions where declaratory procedures are more efficient, less credit is declared as non-performing. The latter effect, however, is only observed after the onset of the “Great Recession” in 2008. This may be related to the increase of non-strategic defaults during a downturn.     

Speaking the language of security: the Commonwealth,the Francophonie and the CPLP in conflict management in Africa

The last decade has seen an unprecedented increase in conflict management activities in Africa by international organisations. This has been accompanied by a flurry of academic publications and of policy reports that stress the comparative advantages at the legal and operational levels of regional and other intergovernmental organisations. The article assesses this dominant favourable view by examining the role of the Commonwealth, the Francophonie and the CPLP in Africa. Traditionally regarded as cultural organisations, they have gradually extended their profile to include a security mandate. Drawing from fieldwork and an extensive review of the literature, the article presents the first comparative study of the conflict management activities of these organisations in Africa.     

Multiplex short tandem repeat amplification of low template DNA samples with the addition of proofreading enzymes

Abstract:  With <100 pg of template DNA, routine short tandem repeat (STR) analysis often fails, resulting in no or partial profiles and increased stochastic effects. To overcome this, some have investigated preamplification methods that include the addition of proofreading enzymes to the PCR cocktail. This project sought to determine whether adding proofreading polymerases directly in the STR amplification mixture would improve the reaction when little template DNA is available. Platinum Taq High Fidelity and GeneAmp High Fidelity were tested in Profiler Plus? STR reactions alone and in combination with AmpliTaq^® Gold. All reactions included the additional step of a post‐PCR purification step. With both pristine low template DNA and casework samples, the addition of these polymerases resulted in comparable or no improvement in the STR amplification signal. Further, stochastic effects and artifacts were observed equally across all enzyme conditions. Based on these studies, the addition of these proofreading enzymes to a multiplex STR amplification is not recommended for low template DNA work.     

Legal Statements and Normative Language

Can there be a non-reductivist, source-based explanation of the use of normative language in statements describing the law and legal situations? This problem was formulated by Joseph Raz, who also claimed to have solved it. According to his well-known doctrine of ‘detached’ statements, normative legal statements can be informatively made by speakers who merely adopt, without necessarily sharing, the point of view of someone who accepts that legal norms are justified and ought to be followed. In this paper I defend two theses. I argue, first, that the notion of a detached statement cannot be made to work, and that Raz’s problem is thus not thereby solved. But the problem itself, I also suggest, is a false one.     

Y-STRs in forensic medicine: DNA analysis in semen samples of azoospermic individuals

ABSTRACT: The incidence of rape has increased, especially in metropolitan areas, such as the city of São Paulo. In Brazil, studies about it have shown that the majority of this type of crime is committed by the relatives and persons close to the victim. This has made the crime more difficult to be denounced, as only 10% of the cases are reported to competent police authorities. Usually, cytological exams are carried out in sex crime investigations. The difficulty in showing the presence of spermatozoa is frequent, but it does not exclude the presence of male DNA. The absence of spermatozoa in material collected from rape victims can be due to several factors, including the fact that the agressor suffers from azoospermia. This condition can be the result of a successful vasectomy. As the majority of DNA in the ejaculation sample is from spermatozoa, there is much less DNA to be analyzed. This study presents the application of Y‐STRs (DYS19, DYS389I, DYS389II, DYS390, DYS391, DYS392, and DYS393) in DNA analysis of sperm samples from 105 vasectomized men. The study demonstrated a great variation in DNA concentration. DNA extraction and amplification was possible in all sperm samples even in the absence of spermatozoa. The same profile was observed, for each individual, from DNA extracted from blood, pre‐ and postvasectomy semen samples. The use of markers specific for Y chromosome in sex crime cases, especially in the absence of spermatozoa, is very important, mainly because in most situations there is a small quantity of the agressor's DNA in the medium and a large quantity of the victim's DNA.     

Psychological adjustment in a forensic sample: relationship with approach- and avoidance-coping typologies

Most studies that relate coping strategies with psychological symptoms usually consider a single coping dimension. This means that interpretation of the results is unclear and only partially true as subjects activate different types of coping strategies simultaneously when faced with a stressor. The objective of the present study is to analyze the relationships between coping and psychopathology in young inmates, taking into account the number of approach and avoidance answers simultaneously. The results show that the inmates with above-average scores in avoidance coping and below average in those of approach (coping responses inventory--adult form, [CRI-A]) show higher symptomatology (MMPI-2) than the inmates who obtain above-average scores in both avoidance and approach strategies. It can be deduced that it is not the high use of avoidance coping that is related to psychopathology, but rather the combined use of many avoidance strategies and few approach strategies. The convenience of jointly taking into account both types of coping is discussed.     

<Emphasis Type="Bold">A</Emphasis>nti-corruption agencies: between empowerment and irrelevance

The anti-corruption activity of the 1990s is characterized by the rise of new players, such as specialized anti-corruption bodies. Anti-corruption agencies (ACAs) are public bodies of a durable nature, with a specific mission to fight corruption and reducing the opportunity structures propitious for its occurrence in society through preventive and/or repressive measures. Independently of their format and powers, ACAs encounter various constraints to their mandate, which explains the meagre results obtained by some of them. This introductory paper tries to understand the rise, future, and implications of this new kind of “integrity warrior” and to locate them in the evolving doctrine of corruption control. The objective of this edited volume is to re-launch the debate on ACAs as the most innovative feature of the anti-corruption movement of the last two decades.