The scope of punishment: an economic theory

The harm caused by many acts is not certain but probabilistic. Current public enforcement of the law combines harm-based sanctions (usually in criminal law) with act-based sanctions (very common in administrative law and regulation). We propose an economic theory of the choice between harm-based and act-based sanctions in public enforcement. The efficiency of act-based versus harm-based sanctions is analyzed and a typology of the determinants is drawn up. Our model suggests that harm-based sanctions are more efficient when (1) acquiring information about the act is important, (2) engaging in harm avoidance activities is advisable, (3) judgment-proofness is not a very significant problem, (4) punishment is especially costly, (5) changes in law are expensive or difficult to negotiate and (6) on average, potential criminals are better informed than the government about losses for society. Legal policy implications are discussed.     

University-industry linkages in nanotechnology and biotechnology: evidence on collaborative patterns for new methods of inventing

The nanotechnology and biotechnology “revolutions” are so-called because their enabling technological breakthroughs were not simply inventions, but discoveries of entirely new methods of inventing. We hypothesize that university participants in either or both of these areas will exhibit greater collaboration with industry than researchers in other areas. We explore this hypothesis for 454 faculty members who conducted research that was patented during the period 1994–1999. Because our data include patents, publications, and funding at the individual level, we are able to examine the industry interaction of faculty who participated in the nanotechnology and biotechnology revolutions, as well as the interaction of faculty contributing to other areas of patentable science. We examine a variety of linkages, including sponsored research, consulting, publication with firm employees and measures of the potential for cross-campus collaboration. The results are striking in that they show significant differences in collaborative behavior across patent types and across the major program areas biological sciences, physical sciences and engineering. The results are consistent with a greater degree of tacit knowledge within the new methods of inventing. We also find significant differences in the embryonic nature and importance of patents across areas.     

Hybrid Texts and Uniform Law? The Multilingual Case Law of the Court of Justice of the European Union

The case law of the Court of Justice of the European Union (ECJ) is shaped by the language in which it is drafted—i.e. French. However, because French is rarely the mother tongue of those drafting that case law, the texts produced are often stilted and awkward. In addition, those drafting such case law are constrained in their use of language and style of writing (owing to pressures of technology and in order to reinforce the rule of law). These factors have led to the development of a ‘Court French’ which necessarily shapes the case law produced and has implications for its development, particularly insofar as it inevitably leads to a type of precedent in that case law. That case law also undergoes many permutations of translation into and out of up to 23 different languages. The resultant texts that make up the case law are hybrid in nature—consisting of a blend of cultural and linguistic patterns, constrained by a rigid formulistic drafting style and put through many permutations of translation. The present paper investigates the production of the Court’s multilingual case law and considers whether the hybrid nature of that case law can actually aid the presentation (and thus the development) of a ‘uniform’ EU case law.     

The Enemy Within: The Outlaw Motorcycle Gang Moral Panic

When there is a period devoid of sensationalistic biker news, the public’s concern about outlaw bikers can be quite low. All it takes is one overt act of violence to heighten the public’s fear of Outlaw Motorcycle Gangs. Outlaw Motorcycle Gangs are the most current “dangerous class” which have been the subject of a moral panic in Canada. Outlaw Motorcycle Gangs as organized crime bodies are deemed to be the single most serious threat to the country—the enemy within. The gang war in British Columbia is fuelled by drugs supplied by the Hells Angels and there is a wide spread fear that these evildoers are trying to harm and tear apart the fabric of our society. This article provides a critical in-depth analysis of the construction of an Outlaw Motorcycle Gang moral panic with the focus on Canada. The roles played by the media, politicians, and the public in using isolated, violent incidents to support their interests will be examined along with the interactions between these groups and the resultant punitive actions directed toward members of Outlaw Motorcycle Gangs.     

PROTECTING LIVES,CAREERS, AND PUBLIC CONFIDENCE: FLORIDA'S EFFORTS TO PREVENT OFFICER‐INVOLVED DOMESTIC VIOLENCE

Florida's innovative Law Enforcement Families Partnership (LEFP) was created to reduce and prevent officer‐involved domestic violence in the state. Administered by the Institute for Family Violence Studies at Florida State University and supported by the criminal justice and victim's advocacy communities, the LEFP is the first statewide project of its kind. It includes several components, the cornerstone of which is an online curriculum that teaches officers about the dynamics and consequences of domestic violence perpetrated by officers. This article describes the project and early data from the surveys attached to the curriculum.     

An experimental study of compressed work schedules in policing: advantages and disadvantages of various shift lengths

Objectives  

The objectives of this research were to test the impacts of three shift lengths (8-, 10-, and 12-hour) on performance, health, safety, quality of life, sleep, fatigue, alertness, off-duty employment, and overtime among police.     

Recovery of Environmental Human DNA by Insects*,†

Abstract: We tested the hypotheses that foraging insects can acquire human DNA from the environment and that insect‐delivered human DNA is of sufficient quantity and quality to permit standard forensic analyses. Houseflies, German cockroaches, and camel crickets were exposed to dusty surfaces and then assayed for human mitochondrial and nuclear loci by conventional and qPCR, and multiplex STR amplification. Over two experiments, 100% of insect groups and 94% of dust controls tested positive for human DNA. Of 177 individuals, 33–67% tested positive and 13 yielded quantifiable human DNA (mean = 0.022 ± 0.006 ng; mean dust control = 2.448 ± 0.960 ng); four had at least one positive allele call for one or more locus; eight others showed multiple peaks at some loci. Results imply that application to routine forensic casework is limited given current detection methodology yet demonstrate the potential use of insects as environmental samplers for human DNA.     

An Integrated Model of Legal and Moral Reasoning and Rule-Violating Behavior: The Role of Legal Attitudes

Legal socialization theory predicts that attitudes mediate the relation between legal reasoning and rule-violating behavior [Cohn, E. S., & White, S. O. (1990). Legal Socialization: A Study of Norms and Rules. New York: Springer-Verlag]. Moral development theory predicts that moral reasoning predicts rule-violating behavior directly as well as indirectly [Blasi, A. (1980). Bridging moral cognition and moral action: A critical review of the literature. Psychological Bulletin, 88, 1–45]. We present and test an integrated model of rule-violating behavior drawing on both theories in a longitudinal study of middle school and high school students. Students completed questionnaires three times during the course of 1 year at 6-month intervals. Legal and moral reasoning, legal attitudes, and rule-violating behavior were measured at times one, two, and three respectively. Structural equation models revealed that while moral and legal reasoning were directly and indirectly related to rule-violating behavior among high school students, legal reasoning bore no direct relation to rule-violating behavior among middle school students. The implications for an integrated model of reasoning and rule-violating behavior are discussed.     

EU update

This is the latest edition of Baker &; McKenzie's column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Southeast Asian cooperation in health: a comparative perspective on regional health governance in ASEAN and the EU

Globalization has led to new health challenges for the twenty-first century. These new health challenges have transnational implications and involve a large range of actors and stakeholders. National governments no longer hold the sole responsibility for the health of their people. These changes in health trends have led to the rise of global health governance as a theoretical notion for health policy making. The Southeast Asian region is particularly prone to public health threats such as emerging infectious diseases and faces future health challenges including those of noncommunicable diseases. This study looks at the potential of the Association of Southeast Asian Nations (ASEAN) as a regional organization to lead a regional dynamic for health cooperation in order to overcome these challenges. Through a comparative study with the regional mechanisms of the European Union (EU) for health cooperation, we look at how ASEAN could maximize its potential as a global health actor. Our study is based on primary research and semistructured field interviews. To illustrate our arguments, we refer to the extent of regional cooperation for health in ASEAN and the EU for (re)emerging infectious disease control and for tobacco control. We argue that regional institutions and a network of civil society organizations are crucial in relaying global initiatives, and ensuring the effective implementation of global guidelines at the national level. ASEAN’s role as a regional body for health governance will depend both on greater horizontal and vertical integration through enhanced regional mechanisms and a wider matrix of cooperation.