Book Reviews

Matthew Amengual, Politicized Enforcement in Argentina: Labor and Environmental Regulation. New York: Cambridge University Press, 2016. Figures, tables, appendix, notes, bibliography, index, 286 pp.; hardcover $99.99, ebook $80. Matthew C. Ingram, Crafting Courts in New Democracies: The Politics of Subnational Judicial Reform in Brazil and Mexico. Cambridge: Cambridge University Press, 2015. Maps, figures, tables, appendixes, bibliography, index, 392 pp.; hardcover, $110. Russell Crandall, The Salvador Option: The United States in El Salvador, 1977–1992. New York: Cambridge University Press, 2016. Photographs, maps, figures, list of organizations, bibliography, index, 698 pp; hardcover $99.99, paperback $39.99, ebook $32. Luis Fernando Angosto‐Ferrández, Venezuela Reframed: Bolivarianism, Indigenous Peoples and Socialisms of the Twenty‐First Century. London: Zed Books, 2015. Appendix, bibliography, index, 312 pp.; paperback, ebook. Fábio de Castro, Barbara Hogenboom, and Michiel Baud, eds., Environmental Governance in Latin America. New York: Palgrave Macmillan, 2016. Tables, figures, map, bibliography, index, 350 pp.; hardcover $31, ebook. Eduardo Alemán and George Tsebelis, eds., Legislative Institutions and Lawmaking in Latin America. New York: Oxford University Press, 2016. Figures, tables, notes, bibliography, index, 296 pp.; hardcover $90, ebook. Joseph S. Tulchin, Latin America in International Politics: Challenging U.S. Hegemony. Boulder: Lynne Rienner, 2016. Bibliography, index, 235 pp.; hardcover $60. Kevin P. Gallagher, The China Triangle: Latin America's China Boom and the Fate of the Washington Consensus. New York: Oxford University Press, 2016. Tables, figures, bibliography, index, 256 pp.; hardcover $27.95, ebook.     

UNITED STATES V. MICROSOFT: DID CONSUMERS WIN?

United States v. Microsoft and the related state suit filedin 1998 appear to have concluded. In a unanimous en banc decisionissued in late June 2004, the U.S. Court of Appeals for theD.C. Circuit rejected challenges to the remedies specified ina settlement reached in late 2001 and approved by the districtcourt in November 2002. We examine the remedies imposed in theUnited States, in terms of both their relationship to the violationsfound and their impact on consumer welfare. We conclude thatthe remedies addressed the violations ultimately found by theCourt of Appeals (which were a subset of those found by theoriginal district court and an even smaller subset of the violationsalleged, both in court and in public discourse) and went beyondthem in important ways. The remedies imposed appear to havestruck a reasonable balance between protecting consumers againstthe types of actions found illegal, on the one hand, and, onthe other hand, avoiding excessive restrictions that would harmconsumers by restricting Microsoft's ability to compete in pro-competitiveways.     

Paan and Gutka Use in the United States: A Pilot Study in Bangladeshi and Indian-Gujarati Immigrants in New York City

Smokeless tobacco and areca nut are popular with South Asians and South Asian immigrants, most commonly used as paan and gutka. Their regular use leads to oral cancer. The South Asian community in the U.S. is rapidly growing, where paan and gutka are readily available. The study was the first exploration of the migration of the paan and gutka habits, and their use in the U.S.A 108-item questionnaire on paan and gutka usage and beliefs was administered to 138 first-generation Bangladeshi and Indian-Gujarati immigrant adults at community sites in the New York metropolitan area. Forty-five percent Indian-Gujaratis reported ever-regular paan use; of which 5% are current users. Thirty-one percent reported ever-regular gutka use; of which 77% are current users. Thirty-five percent Bangladeshis reported ever-regular paan use; of which 70% arc current users. Nine percent reported ever-regular gutka use; of which 67% are current users. Bangladeshis are more likely to identify paan as causing oral cancer. Indian-Gujaratis are more likely to identify gutka as causing oral cancer.Between the two communities, there were significant differences in paan and gutfca usage, migration effects, and oral career risk perception. There is a need for comprehensive migration studies on the determinants of usage, and for community-specific interventions for these carcinogenic products.     

The Legacy of the Maastricht-Urteil and the Pluralist Movement

Abstract:  The Maastricht-Urteil of the German Constitutional Court of October 1993 has left a deep mark on EU law. Although some may consider it as part of legal history, the decision has never been overruled, and the ideas behind it are very much alive. This article tries to examine the legacy of that decision. From a practical point of view, the article focuses on the following issues: the current situation in Germany; the influence on other constitutional or supreme courts and on constitutional reforms in some Member States; the influence on the European Court of Justice and on the Treaty establishing a Constitution for Europe. Regarding theory, three sections of the article discuss a number of widespread ' idées reçues ' contained in the Maastricht-Urteil on notions such as the state, constituent power ( pouvoir constituant ), and democracy. The next section presents the movement of legal pluralism as an attempt to come to terms with the Maastricht-Urteil and its legacy. It criticises the radical versions of legal pluralism in view of the damage they may cause to essential dimensions of the rule of law. The final section reflects on the real motives behind the Maastricht-Urteil and its legacy, and on possible future developments.     

DNA Purification Cell Lysis and Wash Step Modifications for Low-Template DNA Sample Processing,

As DNA technology becomes increasingly sensitive, forensic laboratories are receiving more low-template DNA samples. These samples, already low in DNA content, become even more challenging to process as the available DNA becomes further reduced during the extraction step. In this study, two extraction modifications were tested to determine if the cause of DNA loss could be identified and mitigated. A double lysis technique was used to test for DNA loss in the sample collection substrate, and lysate eluates were re-extracted to determine DNA loss from inefficient binding to the silica column. Both modifications showed DNA was lost at these steps. However, resulting STR profiles from these samples had fewer peaks and lower peak heights when compared to samples processed with no extraction modifications. Overall, the potential benefits of adding these extraction modifications for low-template DNA sample processing are not enough to justify the risk associated with additional manipulation.     

The Politics of Negotiating with Gangs. The Case of El Salvador

This paper explores the dynamics of negotiations between the Salvadoran government and the street gangs, called maras. The paper argues that state negotiations with criminal groups can occur when organized crime is a significant part of the social and political order. This tacit order allows a great deal of coordination between and within criminal organizations and the focus of negotiations from the state's point of view is limited to the management of violence, not the dismantling of gangs' territorial control. This article draws on seventeen in‐depth interviews with middle‐level gang leaders, government officials, and participants of the truce negotiations from 2012 to 2016; it also relies on public information published by Salvadoran journalists and government sources about the truce.