Understanding the Clayton Act of 1914: An Analysis of the Interest Group Hypothesis

The trusts issue culminated in the passage of the Clayton Act in1914, which conventional wisdom holds was a response to theperceived ineffectiveness of the Sherman Antitrust Act of 1890.Using ordered and multinomial logit analysis, we were able todetect economic interest variables that explain the senators'votes. The empirical findings strongly support the wealth transferhypothesis, and the regression results clearly show that senatorsresponded to interest groups. While we also found some support forthe ideological perspective, it is clear that there was much moreto the vote than the conventional story would suggest.     

Kautionsrückforderung im streitigen Verfahren nach der WRN 2009 – Eine Erwiderung

Im Zuge der WRN 2009 hat der Gesetzgeber die Feststellung der H?he des rückforderbaren Kautionsbetrags ins (mietrechtliche) Au?erstreitverfahren verwiesen. In einer ersten Stellungnahme zu den Folgen dieser Verweisung hat der Verfasser ua die Ansicht vertreten, dass die Rückforderung im streitigen Verfahren vorübergehend – dh bis zur rechtskr?ftigen Feststellung der H?he des rückforderbaren Betrags im Au?erstreitverfahren – unzul?ssig ist. Der vorliegende Beitrag behandelt – in Form einer kurzen Replik – die jüngst von renommierten Autoren gegen diese Ansicht vorgebrachten Argumente.     

Molecular study of time dependent changes in DNA stability in soil buried skeletal residues

Stamp marks are used as a unique identification for a range of items, but these can be erased for criminal activities. Erased marks can sometimes be recovered by etching or magnetic means. The present study looked at the application of Fry's reagent to recover erased marks from steel. The investigation also demonstrated that Fry's reagent can deteriorate on storing and will require a longer etching time. The effect of different applied forces of stamping was investigated, and the depth of the underlying deformation was determined by etching after varying degrees of metal removal. The amount of metal needing to be removed depends on the force applied to the die. Metal removal also affects the time needed for recovery. The underlying structural change remains as a hidden identification mark, and could potentially be used by manufacturers as an unseen identifier. A model for the underlying deformation is proposed.     

Interindividual variability, pathological changes and decomposition as an impediment to the morphological determination of human specificity of bone finds

Playing children discovered several teeth close to the wall surrounding a village church. A subsequent police search yielded further teeth, three neurocranial fragments, a metacarpal bone and the fragment of a long tubular bone. The circumstances along with the results of the investigation and the morphological findings suggested historical bones from a former graveyard. However, a large fragment of bone shaft from a long bone could not definitely be classified as being of human origin. The tibia of a deer was amongst the possibilities considered. Comparative tests run at the Institute of Veterinary Anatomy of the University of Giessen in addition to histological examinations, however, ultimately established the human specificity. Interindividual variability and decomoositional changes were determined as causes for the conspicuous macroscopic and microscopic findings for the tibia fragment. Pathological changes could not be demonstrated.     

The Need for a Positive Psychological Approach and Collaborative Effort for Improving Practice in the Interrogation Room

The White Paper suggests important reforms that will reduce the likelihood of false confessions resulting from police interrogation. The research underlying these suggested reforms has yielded significant advances in our understanding of factors associated with false confessions. As we move forward, we encourage the development of empirically based approaches that provide a viable alternative to current practice. In doing so, we suggest that researchers pursue a positive psychological approach that involves partnering with practitioners to systematically develop interrogative methods that are shown to be more diagnostic. By taking such an approach, we believe that the recommendations offered in the current White Paper can be supplemented by methods that carry the support of both scientific and law enforcement communities.     

Sex crime legislation: Proactive and anti-therapeutic effects

Therapeutic jurisprudence may have its major role within law practice, but analysis of the law from a therapeutic perspective is a task that should not be neglected; how a piece of legislation is designed and formulated certainly influences the therapeutic outcome of a legal process. This article uses sex legislation as an example to demonstrate how the old rape law based on coercion has anti-therapeutic effects on rape victims. If the law requires resistance, it implies that a woman is sexually available until she resists physically, resulting in an attitude that a woman reporting rape without injuries should be mistrusted. This mistrust of the victim and the victim's attendant feelings of self-blame aggravate the victim's trauma. On the other hand, a modern rape law based on lack of consent gives the signal that a woman is not available until she has given her consent, resulting in a different starting position for the investigation. Since the will of the victim must be respected, the victim herself must be respected in the legal process. Furthermore, being able to tell one's story in a respectful atmosphere can be more important for the well-being of the victim than the outcome of the reported case.     

European Studies and the European Crisis: Legal and Political Science between Critique and Complacency

European Studies used to be dominated by legal and political science approaches which hailed the progress of European integration and its reliance on law. The recent set of crises that struck the EU have highlighted fundamental problems in the ways and means by which European integration unfolds. The quasi‐authoritarian emergency politics deployed in the euro crisis is a radical expression of the fading prevalence of democratic processes to accommodate economic and social diversity in the Union. As we argue in this paper, however, the mainstreams in both disciplines retain a largely affirmative and apologetic stance on the EU's post‐democratic and extra‐constitutional development. While political science contributions mostly content themselves with a revival of conventional integration theories and thus turn a blind eye to normatively critical aspects of European crisis governance, legal scholarship is in short supply of normatively convincing theoretical paradigms and thus aligns itself with the functionalist reasoning of the EU's Court of Justice. Yet, we also identify critical peripheries in both disciplines which intersect in their critical appraisal of the authoritarian tendencies that inhere in the crisis‐ridden state of European integration. Their results curb the prevailing optimism and underline that the need for fundamental reorientations in both the theory and practice of European integration has become irrefutable.     

Drawing the Boundaries of Nanoscience – Rationalizing the Concerns?

Nanotechnology as an emerging field is strongly related to visionary prospects which are disposed to reappear as dystopian concerns. As long as nanotechnology does not provide reliable criteria for assessing these worries as rational or as irrational they remain a challenge for ethical reflection. Given this underdetermination, many nanovisions and their corresponding concerns should therefore be considered as "arational." For that reason, a "constructivist" stance is endorsed which does not seek to take part in discussions as to how ethicists should cope with controversial worries, but tries to observe how concerns are managed by different social actors. This perspective allows us to remodel some concerns such as "grey goo" not solely as a societal reaction, but also as challenging and irritating factors. As such they potentially initiate two different processes simultaneously: a differentiation in terms of demarcating science from non-science on the one hand, and a rationalization of concerns on the other. Analyzing these processes empirically allows to reconstruct how "arational" concerns are socially made rational or, on the contrary, irrational.     

Adult Hirschsprung's disease diagnosed during forensic autopsy

We report a case of fatal Hirschsprung's disease (HD) discovered at autopsy. A 20-year-old man collapsed at home. Emergency medical personnel found him in cardiac arrest and all resuscitative efforts failed. He had a past history of chronic constipation since infancy. Forensic autopsy revealed a megacolon full of gas and stools. Microscopic examination showed absence of ganglion cells in a short segment of the rectum and enterocolitis in the left and transverse colon. HD is rarely described in adults. In many cases, patients complained of constipation since infancy but the affection remained misdiagnosed. The relative good tolerance of the disease is usually due to a short aganglionic bowel segment. Enterocolitis is a frequent and severe complication of HD in children but is rarely described in adults. This case suggests the importance of HD diagnosis in childhood in order to avoid fatal complications with forensic consequences.