European integration and the french parliament: From ineffectual watchdog to constitutional rehabilitation and an enhanced political role

The development of the European Union is as much an opportunity as a threat to national parliaments. Our case study of the French Parliament suggests that as the process of integration has quickened in pace and broadened in scope, parliament has on successive occasions used the opportunity to strengthen its constitutional position with the introduction of Article 88‐4 and improve its capacity to scrutinise government through the adoption of a series of laws. Parliament now has the power to delay if not block the adoption of measures at European Union level by refusing to lift its scrutiny reserve. It is difficult to determine if parliament has significantly increased its influence over the government on European affairs, but it is now able to adopt potentially politically significant resolutions on all European Union issues which the government takes into account when negotiating in Union institutions. European integration has been a significant factor in the rehabilitation of the French Parliament.     

When Territory Matters: Parliamentary Profiles and Legislative Behaviour in Italy (1987–2008)

This paper ponders the question of whether Members of Parliaments' (MPs) previous experiences and personal attributes may have any impact on the way they behave once elected. In agreement with a recent stream of literature, the authors hypothesise that MPs with strong territorial roots might behave as agents of the local community, promoting its interests and demands in their parliamentary activity. The assertion that individual biographies influence legislative activity in parliamentary democracies runs counter to the commonly held view that in this kind of institutional setting, legislative assemblies are dominated by parties, leaving little room for individually oriented behaviour and little incentive to do anything that is not coordinated by party organisations. The article builds an original ‘index of localness’, the main independent variable, based on the place of birth and previous political experience at local level of MPs. Then, taking into account territorially targeted Private Members' Bills as a proxy for the territorial behaviour of each legislator, the hypothesis is tested by looking at both aggregate evidence and individual-level data. Aggregate data support the hypothesis, as they show a monotonically increasing relationship between the two variables: the more a legislator is linked to his/her territory, the more (on average) he/she will sponsor bills concerning the local area. Individual-level data confirm this finding, as the correlation between the two variables also holds when entering a number of control variables.     

The Need for an Interdisciplinary Approach in Forensic Sciences: Perspectives from a Peculiar Case of Mummification

The finding of a mummified body raises many problems, also because of the limits of the medico‐legal investigations in case of mummification. Psychological autopsy and behavioral analysis have demonstrated a significant impact in case of equivocal death. The mummified corpse of a woman was found sealed in a wardrobe during the death investigation of a 36‐year‐old man, later discovered to be the woman's son. The woman's corpse was well preserved and no external injuries were found. Autopsy could not ascertain the cause of death. The state of the premises and the writings on the walls offered an opportunity to investigate the man's psychological profile and to better understand how the events might have taken place. The role of an accurate investigative analysis of the crime scene is a cornerstone of forensic pathology and the case presented underlies the importance of an interdisciplinary approach in forensic sciences.     

Breaking the Net: Family Structure and Street-Connected Children in Zambia

Drawing on original fieldwork in the slums of Ndola in Northern Zambia we isolate those features of a child's nuclear and extended family that put him most at risk of ending up on the streets. We find that older, male children and particularly orphaned children are more likely to wind up on the street. Families with a male household head who is in poor health are more likely to originate street-connected children. In contrast, households with surviving maternal grandparents or with a male head who has many sisters are significantly less likely to originate street-connected children.     

Sharp Force Injury Fatalities: A Retrospective Study (1982–2012) in Brescia (Italy)

A retrospective study was carried out on postmortem examination data of 131 sharp force‐related casualties recorded by the Brescia Institute of Forensic Medicine between 1982 and 2012. The objective was to identify relevant parameters that may be used to distinguish the manner of deaths between homicide, suicide, and accident. The following variables were considered: manner of death; demographic data; scene; type of sharp object; location and numbers of wounds; the presence of hesitation marks/defense wounds; toxicological findings; psychiatric history. There were 92 homicides, 28 suicides, and 11 accidents. Most victims were male, with an average age of 43. Injuries in isolation were present in 9.8% of homicides, in 35.7% of suicides, and in 54.5% of accidents. Most injuries involved the left anterior chest in homicides and the forearms in suicides. This study underlines the importance of a meticulous postmortem examination of injuries on the body and their relationship with other results from the death scene investigation.     

Dimensions of security

Abstract

The Arab uprisings’ failure to bring about either the scale or type of political change in the Maghreb that it initially seemed to promise belies the significance of its impact on the region. While Algeria, Mauritania and Morocco continue to be ruled by the same competitive authoritarian regimes that held power when the protests began, they, and the new governments in Tunisia and Libya, must now negotiate an altered and more dangerous security environment than before. The unsettling of Tunisia’s security apparatus and the outbreak of full-blown civil war in Libya have created new opportunities for terror and criminal groups to thrive and expand. The primary aim of this special issue is to chart and explain many of the critical changes in the Maghreb’s security environment that have occurred as a result of the Arab Spring. Each of the articles collected here identifies and analyses at least one important security issue in one or more Maghreb country as well as explain how that issue has emerged in response to or been affected by the Arab Spring.     

Fair use and copyright protection: a price theory explanation

Copyright scholars suggest that computer technology has reduced transaction costs associated with copyright transfer, allegedly eliminating the need for the fair-use doctrines that were developed to allow limited use of copyrighted material in situations where the transaction costs of securing authorized use would be prohibitive. According to this emerging view, in an ideal world with no contracting costs, third party use of copyrighted material could realistically only take place with the express consent of the copyright holder. This would give the author absolute power to dispose of his work, including the right to veto uses, without the possibility of a fair use “override” of any sort.This paper shows the limits of such transaction cost-based arguments. If transaction costs provide the dominant economic justification of “fair-use” doctrines, an exogenous reduction of such transaction costs would limit the scope and application of the defense of fair use. Nevertheless, in this paper we suggest that, when viewed in light of the anticommons theory, fair-use doctrines retain a valid efficiency justification even in a zero transaction-cost environment. Fair-use defenses are justifiable, and in fact instrumental, in minimizing the welfare losses prompted by the strategic behavior of the copyright holders. Even if copyright licenses can be transferred at no cost (for instance, in a “click and pay” frictionless computer world), the strategic behavior of the copyright holders would still create possible deadweight losses.In this context, we identify a number of critical variables that should guide and constrain the application of fair-use doctrines. These variables include (a) the number of copyright holders; (b) the degree of complementarity between the copyrighted inputs; (c) the degree of independence between the various copyright holders in the pricing of their licenses; and (d) ability to price discriminate.