When Federal Law Goes Unnoticed: Assessing the CISG's Applicability Across U.S. Courts Based on an Empirical Research of Decisions from 1988 to 2020

The United Nations Convention on Contracts for the International Sale of Goods (CISG) has reached the level of acceptance that it can be recognized as the face of international sales law. Over a century ago, the late Roscoe Pound drew attention to the dichotomy between the law as written and the law as experienced in practice. The law of the CISG “on the books” is the law of the United States. With the growth of international trade, one might expect its importance to grow in the realm of law “in action.” This article explores the CISG in action in U.S. courts during its almost four decades of being the law on the books in the United States. To this end, the authors built an original dataset based on their Westlaw search of all decisions mentioning the CISG across all U.S. federal and state courts from 1988 (when the CISG entered into force) through 2019. The dataset provides unprecedented insights into: (1) how parties raise the issue of the applicability of the CISG, (2) how courts have ruled on the Convention's applicability, and (3) the provisions of the Convention that appear most frequently in these disputes. This article empirically assesses, through logistic regressions, which factors are statistically significant for predicting if a court will apply (or decline to apply) the Convention to a disputed transaction. Finally, the article highlights many ways in which the law in action may not be as robust or comprehensive as it appears on the books.     

‘A confession of ignorance’: deaths from old age and deciphering cause-of-death statistics in Scotland, 1855–1949

A large amount of the research undertaken in an attempt to discover the reasons underlying the late nineteenth- and early twentieth-century mortality decline in Britain has relied on the statistics published by the Registrars General. The processes by which individual causes of death are recorded and then processed in order to create the statistics are not, however, well understood. In this article, the authors build on previous work to piece together a time series of causes of death for Scotland, which removes many of the discontinuities encountered in the published statistics that result from the Registrar General deciding to update the nosology, or classification system, which was being used to compile his figures. Having regrouped individual causes of death to ‘smooth’ the time series, the authors use the new groups to examine the changing causes of death in Scotland for selected age groups, before turning to undertake a detailed examination of mortality amongst those aged 55 or more. The authors find that when deaths from ‘old age’ in the latter age group are separated from other ‘ill-defined’ causes, it becomes obvious that there was a ‘rebranding’ of cause of death. The authors then use individual-level data from two Scottish communities to further dissect the roles played by ‘informants’ and ‘doctors’ in this rebranding, in order to see how these roles may have altered over time and what the consequences might be for one's view of how mortality changed in Scotland between 1855 and 1949. Finally, the authors argue that their findings have important implications for some of historical demography's most prominent theories: the McKeown thesis and the theory of epidemiological transition.     

Crisis in the Philippines Left: Implications for the Asia Pacific

The struggles of poor communities to negotiate development processes have been documented increasingly in recent years. However, recognition of the agency of the poor should not preclude attention to patterns of oppression that may be intensifying in the face of top-down development processes imposed by increasingly well co-ordinated elites. Examination of patterns of violence in border areas across the Greater Mekong Sub-region suggests that integration facilitates the collusion of state actors in the dispossession of the poor in a manner that is deleterious to ethnic minorities, internal migrants and other vulnerable populations. National political processes are not offering mechanisms by which such populations can seek to contest this trend.     

Standardization of Histological Procedures for the Detection of Toxic Substances by Immunohistochemistry in Dipteran Larvae of Forensic Importance

Immunohistochemistry (IHC) technique is an alternative toxicological analysis to detect drugs in insects of forensic importance, but it requires thorough histological procedures. In this study, we tested different fixatives—phosphate‐buffered paraformaldehyde 4% (PP), Carnoy's fluid (CF), Kahle's solution (KS), ethanol in different concentrations, and ethanol associated to PP and CF, time of fixation and histological processes for dipteran larvae's tissue, aiming to develop a sample preparation protocol for IHC application. A suitable fixation was achieved using PP for 12 and 24 h, CF for 3 h, 70% ethanol for 19 days, and 70% ethanol/CF for 2 h/3 h. Postfixation using negative pressure, two immersions in xylene for 30 min each, and one in xylene plus paraffin for 45 min increased tissue preservation. An immunohistochemical test for cocaine detection was performed using monoclonal benzoylecgonine antibody from mouse, peroxidase‐conjugated anti‐mouse IgG and visualized by 3,3′‐diaminobenzidine method showed these histological procedures didn't compromise antigenicity.     

Strategic voting in local elections: evidence from Portugal (1979–2013)

Do voters behave strategically in local elections? Does democratic experience influence voters’ capacity to behave strategically? Is there a relation between education and voters’ capacity to anticipate the mechanical effects of electoral statutes and adapt their behaviour accordingly? Using an original data set covering the complete democratic period, this paper studies strategic voting at the local level in Portugal. Using an ecological inference approach, we contribute to a vast body of literature on strategic voting by testing whether theories developed for national contexts travel to local contexts. Our findings suggest that (1) voters consistently defect to non-viable lists to support viable lists; (2) democratic experience helps voters to learn how to maximize their utility; and (3) education is important for voters’ ability to identify a strategic setting.     

Suicide by cop among female subjects in officer-involved shooting cases

An analysis of suicide by cop (SBC) among female subjects in a large sample (n = 707) of officer-involved shootings (OIS) is reported. Women represented 3% of the total sample (n = 21) and 5% (n = 12) of the 256 SBC cases. Therefore, 57% of the women (n = 12) were classified as SBC, and 81% of the women (n = 17) behaviorally evidenced some suicidal motivation. The results underscore that when a female subject becomes involved in a situation leading to an OIS, there is a very high likelihood that she is motivated to be intentionally killed. She is almost guaranteed to have a diagnosed mental disorder, has been prescribed psychiatric medications, and is abusing a substance at the time, most likely alcohol. Nevertheless, she also poses a serious risk of injury to both police officers and civilians during the encounter and will possess a firearm half the time. The wish for suicide is often precipitated by serious relationship issues. Comparisons are made to the male subjects in our previous study.     

Intervention unnecessary: bar associations taking sides in regulatory actions

Interest groups participate in the political process in a variety of ways. They can lobby the legislature, interact with elected and administrative executive officials, and participate in litigation either as a litigant or an amicus curiae. But the literature is scarce in exploring how interest groups behave when their stakeholders dissent. This study explores the actions by one interest group, the American Bar Association (ABA), in participating in “notice and comment” rulemaking by the Department of Labor where the ABA did not represent the legal profession. It finds that the ABA engaged in astroturfing, and that their efforts were ignored by the Department. This suggests that astroturfing may not be useful in the notice and comment rulemaking process, because the agency's unitary status allows them to discern the centralized origin of the comments. This finding is confirmed by comparing the ABA's influence on the Supreme Court in Boumediene v. Bush, when it did represent the consensus of the legal profession.     

Increasing knowledge of food deserts in Brazil: The contributions of an interactive and digital mosaic produced in the context of an integrated education for sustainability program

As efforts to end hunger, food insecurity and malnutrition evolve within the context of United Nations' Global Compact and Sustainable Development Goals; such problems remain far from being solved due, in part, to their complex nature. Brazil exemplifies such multifaceted scenario as the country has left the “hunger map” in 2014 but now faces another issue: The quality of the food available to its population. Physical, social, economic, cultural, and political factors have impacted the Brazilian food environment, shaping new eating habits such as the replacement of traditional local food for processed foods. Within this context, educational institutions may play an important role in spreading knowledge about major social challenges such as this and their interdependent causes. This paper presents the case study of a project conducted by business and public administration students in a discipline called Integrated Education for Sustainability (FIS), offered to undergraduate students at one of Brazil's most important management schools. In 2017, the project worked on the topic of Food Deserts, challenging the students to develop a digital and interactive mosaic that uncovers the situation of the food deserts in São Paulo. Data were collected from participant observation, field trips, events, and interviews conducted in class with 18 professionals working on several areas related to the topic. The article provides insights into (a) the importance of education to tackle the sustainability challenges, (b) lessons learned from the 14th edition of FIS course, and (c) the several barriers to food access in the city of São Paulo.