Book Reviews

Andrea C. Bianculli and Andrea Ribeiro Hoffmann, eds., Regional Organizations and Social Policy in Europe and Latin America: A Space for Social Citizenship? New York: Palgrave Macmillan, 2016. Abbreviations, figures, tables, bibliography, index, 317 pp.; hardcover $109, ebook $84.99. Barry Cannon, The Right in Latin America: Elite Power, Hegemony and the Struggle for the State. New York: Routledge, 2016. Tables, bibliography, index, 182 pp.; hardcover $127.50, paperback $44.59. Jordi Díez, The Politics of Gay Marriage in Latin America: Argentina, Chile, and Mexico. New York: Cambridge University Press, 2015. Bibliography, index, 301 pp.; hardcover $48.99, paperback $29.99, ebook $24. Julio Ríos‐Figueroa, Constitutional Courts as Mediators: Armed Conflict, Civil‐Military Relations, and the Rule of Law in Latin America. Cambridge: Cambridge University Press, 2016. Illustrations, figures, tables, bibliography, index, 256 pp.; hardcover $110, paperback $34.99, ebook $88. María Soledad Segura and Silvio Waisbord, Media Movements: Civil Society and Media Policy Reform in Latin America. London: Zed Books, 2016. Bibliography, index, 224 pp.; hardcover $95, paperback $29.95, ebook $23.96. Lee J. Alston, Marcus André Melo, Bernardo Mueller, and Carlos Pereira, Brazil in Transition: Beliefs, Leadership, and Institutional Change. Princeton: Princeton University Press, 2016. Illustrations, tables, abbreviations, bibliography, index, 280 pp.; hardcover $39.50, ebook. Sean W. Burges, Brazil in the World: The International Relations of a South American Giant. Manchester: Manchester University Press, 2017. Figures, tables, bibliography, index, 296 pp.; hardcover $115, paperback $32.95, ebook. Alejandro Velasco, Barrio Rising: Urban Popular Politics and the Making of Modern Venezuela. Berkeley: University of California Press, 2015. Maps, figures, notes, bibliography, index, 321 pp.; paperback $29.95. Tiffany D. Barnes, Gendering Legislative Behavior: Institutional Constraints and Collaboration. New York: Cambridge University Press, 2016. Map, figures, tables, bibliography, index, 274 pp.; hardcover $99.99, paperback $34.99, ebook $28. Judith Teichman, The Politics of Inclusive Development: Policy, Sate Capacity, and Coalition Building. New York: Palgrave Macmillan, 2016. Figures, bibliography, index, 261 pp.; hardcover $109, ebook $84.99.     

Fundamental Rights

This essay aims at laying the foundations for a general theory offundamental rights. It starts out from a formal and structuraldefinition of the concept of `fundamental right', which is definedas a non-disposable, universal right. The author believes thatthis definition can be used as a starting point for the constructionof a theory of constitutional democracy based on four main theses.1) As fundamental rights are non-disposable and universal, theyare structurally different from patrimonial rights, which aredisposable and individual; 2) fundamental rights constitute thecontent of substantial democracy, i.e. the positive and negativelimits set on the power exercisable by the majority that comprisesformal democracy; 3) citizenship, which is still the precondition forholding many fundamental rights, is a regressive category becauseit is a source of inequality; 4) a distinction must be drawn betweenfundamental rights and the guarantees (duties and sanctions) put in place to protect them. Should a legal order make provision forfundamental rights but fail to accompany them with the necessaryauarantees, the result is a gap that the legislator and the legalinterpreter have a duty to bridge. The theory of constitutionaldemocracy thus elaborated constitutes a profound change in classical(Kelsenian) legal positivism, which is no longer suitable forpresenting the law of contemporary states governed by the rule oflaw, and calls for a more active, critical attitude towards law both by the judge and by legal science.     

Accuracy of Three Age Estimation Methods in Children by Measurements of Developing Teeth and Carpals and Epiphyses of the Ulna and Radius

Abstract: The aim of this study was to compare the accuracy of three methods for age estimation in children: the measurements of open apices in tooth roots (T), the ratio between the total area of carpal bones and epiphyses of the ulna and radius (HW), and the combined method (THW). The sample consisted of 288 Caucasian Italian children (152 boys and 136 girls) aged between 5 and 15 years. Accuracy was determined as the difference between estimated age and chronological age, and accuracy was assessed by analyzing individuals’ orthopantomograms and hand‐wrist radiographs. Accuracies were 0.41 years for girls and 0.54 years for boys with the THW method; for the HW method, 1.00 years for girls and 0.92 years for boys; and for the T method, 0.62 years for girls and 0.71 years for boys. THW is the most accurate technique for age estimation in these children.     

Patent litigation insurance and R&D incentives

A major policy concern regarding patenting activity is related to the actual enforceability of the patents granted by Patent Offices. The risk of facing elevated legal costs to defend patent rights can affect ex-ante incentives to invest in R&D. This paper analyses whether the availability of insurance policies that cover legal expenditures for patent litigation could increase the appropriability of the innovation. We model a situation in which an incumbent innovator is endowed with a valid patent and an entrant imitator can either directly enter the market or try to apply for a patent, hoping that an error will be made by the Patent Office. The incumbent can accommodate the entrant, file a suit to a civil court or offer a settlement agreement. We model the presence of heterogeneity in the risk that the patents will face an error by both patent examiners at Patent Offices and judges at civil court. We analyse the changes in expected profits for the innovator when given the possibility of buying an insurance policy which will cover legal costs in the event of trial. We compare the cases in which (i) coverage is voluntary and the insurer can discriminate perfectly between risky patents; (ii) coverage is voluntary and the insurer cannot discriminate between patents, and (iii) coverage is compulsory. The model highlights a set of peculiar strategic characteristics of insurance for legal expenditures which contribute to singling out the reasons underlying the underdevelopment of this market. We suggest that the crucial reason for such a failure is not adverse selection; consequently, we challenge the benefits of making coverage compulsory.     

Study of the brainstem, particularly the arcuate nucleus, in sudden infant death syndrome (SIDS) and sudden intrauterine unexplained death (SIUD)

Complete examination of the brainstem involves transverse serial 5-microm sections made throughout the entire brainstem. The number of serial sections varies from 360 in sudden intrauterine unexplained death (SIUD) to 600 in term fetuses to over 1400 sections in sudden infant death syndrome (SIDS) victims. The procedure is not applicable in all histopathological laboratories, owing to the need for additional technical personnel. The simplified procedure allows a remarkable reduction of the number of sections. The brainstem is divided into 3 blocks. The first, cranial block, extends from the border between the medulla oblongata and pons up to the upper pole of the olivary nucleus. The second, intermediate block, corresponding to the submedian area of the inferior olivary nucleus, has as reference point the obex and extends 2 to 3 mm above and below the obex itself. The third, caudal block, includes the lower pole of the inferior olivary nucleus and the lower adjacent area of the medulla oblongata. Examinations of the brainstems from 106 SIDS victims, 30 controls, and 51 stillborns underlined a remarkable variability, particularly of the arcuate nucleus. The simplified examination of the brainstem makes it possible to evaluate the structures, examining 3 specific levels, defined by morphologic reference points.     

Ideological proximity and valence competition. Negative campaigning through allegation of corruption in the Italian legislative arena from 1946 to 1994

We consider the possibility for the parties to invest in negative campaigning – a behavior that, in our framework, involves blaming alleged insufficiencies of the rival concerning commonly shared values. Within a simple one-dimensional model, we deduce the hypothesis that the parties’ incentive to “attack” each other increases with the parties’ proximity on the left–right space. We test our hypothesis on an Italian case, focusing on the emphasis placed by the Communist Party on political corruption issues during the government investiture debates that spanned from the postwar period until 1994, when the traditional party system abruptly collapsed. The statistical results are largely consistent with our theoretical insights.     

Privatization in Argentina: The implications for corruption

The article analyzes the privatization program carried out under the Carlos Menem administration in Argentina between 1989 and 1995. It shows how, on many occasions, the divestiture of government-owned assets was often carried out within a very weak legal framework which, in turn, opened windows of opportunities for corrupt behavior and collusive practices involving high ranking government officials and private corporations. Based on their findings, the authors stress the crucial role that transparency plays for effective results to take place after government selloffs. Indeed, the Argentine case shows that there is a strong correlation between the legal and regulatory problems that often arise in the aftermath of state divestitures and privatizations that have been carried out hastily and under a cloud of corruption allegations.     

Self-strangulation: an uncommon but not unprecedented suicide method

The authors report two cases of self-strangulation in which the investigators had initially suspected homicide but eventually deemed the cases to be suicide. Self-strangulation may be mistaken for homicide because it is widely believed to be impossible to carry out this act without assistance. An accurate medicolegal evaluation of the circumstances, a thorough postmortem examination, and methodical inspection of the site are extremely important in such cases. It is equally important to examine the knot or other means used to exert pressure on the neck and to document its position. Finally, to gain a full understanding of these unusual cases, close collaboration between the two different fields, investigative and medicolegal, is essential.     

Frontal sinus accuracy in identification as measured by false positives in kin groups

The aims of this study were to verify if frontal sinuses can uniquely identify individuals belonging to family groups using Cameriere methods and to test if kinship can affect the proportion of erroneous identifications. For this purpose, we compared the proportion of false-positive identifications in a sample of 99 individuals within 20 families with a control sample of 98 other individuals without kinship. The results show that the combined use of SOR and the Yoshino code number allows personal identification with a small probability of false positives (p < 10(-6)), even when kinship is taken into account. The present research confirms the importance of studying anthropological frameworks for identification, which leads to reliable methods and allows for both quick and economic procedures.     

Age estimation in children by measurement of carpals and epiphyses of radius and ulna and open apices in teeth: a pilot study

Estimation of skeletal age using radiographic images is widely used in assessing biological growth in clinical and auxological studies. The most frequently used areas for age estimation in children and adolescents are tooth and wrist/hand, both giving good results with only a low level of radiation. This pilot study of a sample of 150 Italian children and adolescents aged between 5 and 15 years focused on analyzing the possible applications of the proportion of carpal area (Ca) and teeth mineralization as a criterion of age estimation. The regression model, describing age as a linear function of gender (g), the ratio between carpal bones area and carpal area (Bo/Ca) and the measurement of open apices, yielded the following equation [Formula in text]. The model explained 93% of the total variance (R(2)=0.93), the median of the absolute values of residuals (observed age minus predicted age) was 0.465 years, with an inter-quartile range (IQR) equalling 0.529 years, and a standard error of estimate of 0.73 years.