The Battle of the Forms—There Is a Purpose

This article provides an alternative approach to the daunting task of teaching business undergraduates a fundamental appreciation of the flexibility of the Uniform Commercial Code (UCC) and the ability of the UCC to adapt to the needs of commerce by facilitating fair, efficient transactions. Paradoxically, we suggest using one of the most difficult sections of the UCC, Section 2-207, the often discussed "Battle of the Forms," to make UCC concepts and the relationships of those concepts to modern business transactions easier to understand. This alternative approach is also designed to help students appreciate the challenges of establishing rules to assure fair and efficient transactions and how changes in the way transactions occur impact the laws and how the laws impact the changes. This article also presents exercises, questions, and illustrative flowcharts used successfully over several years in undergraduate business law classes. These tools produce an integrated method for presenting UCC Section 2-207. While no sane individual has ever professed a love for UCC study, students and faculty have expressed tolerance and a palpable appreciation for these methods.     

Oasis in the steppe: health and masculinity of Kazakhstani miners

ABSTRACT

This article studies the masculinities of Russian-speaking miners in Kazakhstan through an ethnographic study conducted in a miners’ sanatorium, a place of heightened sociality. Studies of gender in Central Asia have mostly focussed on women, and both masculinity and femininity are studied in relation to Islam and the nation-state. This article aims to make a contribution to the study of working-class masculinities in Northern Kazakhstan, arguing that labour and professional identities are important in performing masculinities. Kazakhstani miners wish to show that they are good colleagues, good drinkers, sexually capable and providers for the family. New economic pressures and deteriorating work conditions challenge the miner’s body and make it hard for miners to live up to the hegemonic masculinity.     

Bureaucrats in politics: a profile of the Swedish administrative elite3††

Abstract. In political systems composed of large and growing public bureaucracies, the attitudes of senior civil servants are extraordinarily significant, if little understood. This paper offers a preliminary view of the attitudes of more than 300 top-level Swedish administrators, based upon information gathered in 1971. Responses to 35 written questionnaire items suggest that upper-level Swedish bureaucrats are self-satisfied in evaluating their activities, independent in their thinking, and politically sophisticated. The same responses offer evidence of attitudes that structure the traditionally Swedish ‘art of compromise’ Intellectually, that art emphasizes particularistic thought patterns. Socially, it seems based on a pattern of limited commitment to official roles. Some implications of these patterns for both policy and process are suggested, along with some speculations concerning the future of the Swedish administrative system. Sommaire. Dans les systèmes politiques cornposés de bureaucraties de plus en plus importantes, les attitudes des hauts fonctionnaires sont extraordinairement significatives, encore que mal comprises. Cette communication offre une étude préliminaire des attitudes de plus de 300 cadres administratifs supérieurs suéois, sur la base de renseignements recueillis en 1971. Les réponses à 35 questions écrites laissent supposer que les bureaucrates suédois, au niveau supérieur, sont satisfaits de l'évaluation qu'ils font de leurs activités, qu'ils ont un esprit indépendant et qu'ils sont raffinés politiquement. Ces mêmes réponses indiquent des attitudes qui entérinent ‘l'art du compromis’ qui est, traditionnellement, très suédois. Intellectuellement, cet art accentue des façons de penser particularistes. Socialement, il semble basé sur un engagement limité vis-à-vis des rôes officiels. L'auteur propose à l'examen certaines implications de cet état d'esprit du point de vue des politiques et des processus ainsi que des spVculations sur l'avenir du système administratif suédois.     

Performance of the SNPforID 52 SNP-plex assay in paternity testing

The performance of a multiplex assay with 52 autosomal single nucleotide polymorphisms (SNPs) developed for human identification was tested on 124 mother–child–father trios. The typical paternity indices (PIs) were 10⁵–10⁶ for the trios and 10³–10⁴ for the child–father duos. Using the SNP profiles from the randomly selected trios and 700 previously typed individuals, a total of 83,096 comparisons between mother, child and an unrelated man were performed. On average, 9–10 mismatches per comparison were detected. Four mismatches were genetic inconsistencies and 5–6 mismatches were opposite homozygosities. In only two of the 83,096 comparisons did an unrelated man match perfectly to a mother–child duo, and in both cases the PI of the true father was much higher than the PI of the unrelated man. The trios were also typed for 15 short tandem repeats (STRs) and seven variable number of tandem repeats (VNTRs). The typical PIs based on 15 STRs or seven VNTRs were 5–50 times higher than the typical PIs based on 52 SNPs. Six mutations in tandem repeats were detected among the randomly selected trios. In contrast, there was not found any mutations in the SNP loci. The results showed that the 52 SNP-plex assay is a very useful alternative to currently used methods in relationship testing. The usefulness of SNP markers with low mutation rates in paternity and immigration casework is discussed.     

Tax Fraud and Selective Law Enforcement

This article presents a new conceptual framework for research into tax fraud and law enforcement. Informed by research approaches from across tax law, public economics, criminology, criminal justice, economics of crime, and regulatory theory, it assesses the effectiveness, and the legitimacy, of current approaches to combating tax fraud, bringing new dimensions to previously identified trends in crime control. It argues that, whilst the last decade has witnessed a significant intensification of measures that purportedly target tax fraud, preference has been consistently given to enforcement measures that maximize revenue gains rather than combat the fraud itself, even where the effect is to aggravate the non-revenue costs of tax fraud. These developments demonstrate a significant shift from tax fraud suppression to tax fraud management. The article concludes that this shift not only undermines tax equity and overall tax compliance, but also leads to selective tax enforcement, thus representing a significant risk to the rule of law.     

Is Scotland a Westminster-style Majoritarian Democracy or a Scandinavian-style Consensus Democracy? A Comparison of Scotland,the UK and Sweden

The idea of ‘new politics' in Scotland, in the 1990s, was based on a rejection of the ‘majoritarian’ politics of ‘old Westminster’ in favour of a ‘consensus democracy’ associated with Scandinavian countries. Yet, the nascent literature suggests that Scottish and UK policy-making practices are similar. UK policy making does not live up to its majoritarian reputation and Scotland was designed with key ‘old Westminster’ features. We extend the comparison to Sweden, as one of several, distinctive, Nordic reference points in Scotland. We examine critically its consensual image and identify the ways in which Scotland has similar features. The study helps clarify the practical meaning of majoritarian and consensus and encourages scholars to focus on actual behaviour rather than policy-making reputations. It also informs current debates on Scotland's future, using long-term evidence to inform recent attempts to revive this focus on the Nordic ideal.     

Assessment of approximate likelihood ratios from continuous distributions: a case study of digital camera identification

A reported likelihood ratio for the value of evidence is very often a point estimate based on various types of reference data. When presented in court, such frequentist likelihood ratio gets a higher scientific value if it is accompanied by an error bound. This becomes particularly important when the magnitude of the likelihood ratio is modest and thus is giving less support for the forwarded proposition. Here, we investigate methods for error bound estimation for the specific case of digital camera identification. The underlying probability distributions are continuous and previously proposed models for those are used, but the derived methodology is otherwise general. Both asymptotic and resampling distributions are applied in combination with different types of point estimators. The results show that resampling is preferable for assessment based on asymptotic distributions. Further, assessment of parametric estimators is superior to evaluation of kernel estimators when background data are limited.