Remedies for damage to property: money damages or restitution in natura?

This paper compares the tort remedies of money damages and restitution in natura from an efficiency perspective. Although there is a parallel between these remedies and the remedies for breach of contract, i.e. money damages and specific performance, the analysis is fundamentally different in torts, because of the high transaction costs involved. The basis of the comparison is the relation of each of the remedies to the subjective loss for the victim. The conclusion drawn is that no rule is generally preferable, so it is crucial to sort the different types of cases and apply in each of them the remedy, which is better suited. On this premise, are evaluated the relevant rules of Germany, England and France, since each legal system tackles this issue differently.     

Detection of a primer-binding site polymorphism for the STR locus D16S539 using the Powerplex 1.1 system and validation of a degenerate primer to correct for the polymorphism

Quality assurance samples submitted from the NCSBI as part of a contract with TBTG to outsource DNA Database samples showed unexpected discrepancies for the locus D16S539 when all other loci yielded identical results. Discrepancies observed included allele drop out and an imbalance in sister alleles with samples returned from TBTG. This led to a comprehensive review of the technical procedures used between the two laboratories to determine the cause of the discrepancies noted for the locus D16S539, since both laboratories were using the PowerPlex 1.1 typing kit from the Promega Corporation. The NCSBI and the TBTG utilize different extraction methods (organic extraction vs. FTA) and amplification conditions (AmpliTaq vs AmpliTaq Gold), respectively, so the exact cause of discrepancy observed was not immediately apparent. Experiments at the NCSBI associated the observed allele drop out and the imbalance of the sister alleles with the use of AmpliTaq Gold and a hot start procedure. Sequencing data revealed that a point mutation resides on the D16S539 primer-binding site that reaches polymorphic levels in African-American populations. This led to the development of a degenerate primer by the Promega Corporation to detect "missing" alleles when AmpliTaq Gold is used. The degenerate primer was then thoroughly tested to show its efficacy in detecting the "true" D16S539 profile when used.     

Regulating finance after the crisis: Unveiling the different dynamics of the regulatory process

It is now widely recognized that regulatory failures contributed to the onset of the global financial crisis. Redressing such failures has, thus, been a key policy priority in the post‐crisis reform agenda at both the domestic and international levels. This special issue investigates the process of post‐crisis financial regulatory reform in a number of crucial issue areas, including the rules and arrangements that govern financial supervision, offshore financial centers and shadow banking, the financial industry's involvement in global regulatory processes, and macroeconomic modeling. In so doing, the main purpose of this special issue is to shed light on an often understudied aspect in regulation literature: the variation in the dynamics of regulatory change. Contributors examine the different dynamics of regulatory change observed post‐crisis and explain variations by accounting for the interaction between institutional factors, on the one hand, and the activity of change agents and veto players involved in the regulatory reform process, on the other.     

Looking for some light through the lens of “cryptowar” history: Policy options for law enforcement authorities against “going dark”

As companies and end-users increasingly deploy end-to-end encryption, law enforcement and national security agencies claim they “go dark”, i.e. lose in practice the power to legally intercept and gain access to information and communications. This has revived a debate that seemed closed by the late 1990s, namely whether backdoors should be embedded in encryption systems. This paper provides a historical overview of the policy debates surrounding encryption, to identify the potential regulatory options for policy-makers, based on the lessons that can be learned from “cryptowar” history. We discuss the First Cryptowars (1990s, focusing on backdoor schemes), the Interbellum (featuring a rise in powers to order decryption), the Second Cryptowars (2010s, renewed backdoor discussions) and their aftermath: the newly emerging battlefield of legal hacking. The latter can be seen as a condition for the truce with which – for now – the Cryptowars seem to have ended. Cryptowar history teaches us that the two main policy options for decryption by government agencies – ensuring access to keys ex ante (backdoors) or ex post (decryption orders) – both suffer from fundamental flaws. Therefore, legal hacking powers – if human rights standards are sufficiently taken into account – could be the only realistic policy option to preserve some light in an era of dark communication channels.     

The Personal Concerns Inventory (Offender Adaptation): measuring and enhancing motivation to change

Measuring offenders' motivation for treatment is important for selection and monitoring treatment engagement, yet few psychometrically robust measures of motivation exist. The Personal Concerns Inventory (PCI) was developed to assess motivation to change in people with addictive behaviours. It focuses on identifying goals in a wide variety of life areas, and two profiles have consistently been identified--adaptive and maladaptive. This study aimed to adapt the PCI for use with offenders and assess its suitability. Following amendment, 11 men serving prison sentences were interviewed using the PCI (Offender Adaptation, OA). Personal concerns related to self-change, and partner, family, and relationships were most commonly identified. Scores suggested that offenders show adaptive and maladaptive profiles, similar to those previously identified. The PCI (OA) has promise for use with offenders, although the issue of whether the PCI (OA) is better viewed as a measure of motivation or a motivational enhancer remains for further research.     

An Unusual Case of Multiple‐Gunshot Suicide of an Alcohol‐Intoxicated Cancer Sufferer with Prolonged Physical Activity

Multishot firearm suicides are relatively rare and suggest the possibility of homicide. Physical activity following gunshots to the head, the neck, and the thorax does occur, and immediate incapacitation does not occur in every fatal gunshot wound that penetrates the head or perforates the heart. Cancer patients appear to be at increased suicide risk, but alcohol intoxication is less common in such cases. We present—to the best of our knowledge for the first time—a case of a 54‐year old, male, liver cancer sufferer, who under the influence of alcohol, discharged his revolver three times, suffered, among other wounds, a heart‐perforating wound, and died after c. 1.5 h, being able to talk until just before he died. Our case underlines the importance of keeping an open critical mind when dealing with multiple‐gunshot fatalities, especially when posttraumatic physical activity might be crucial in differentiating homicide from suicide.     

The Horizontal Effect of the Charter of Fundamental Rights of the EU: Rediscovering the Reasons for Horizontality

This article analyses the horizontal effect of the Charter of Fundamental Rights of the European Union. Horizontal effect has been an integral part of the Union's application of fundamental rights, especially in the field of equality. However, the codification of fundamental rights in the Charter raises important questions as to how horizontal effect will continue to apply in the EU, particularly in the aftermath of the Court's reticent rulings in cases such as Dominguez and Association de Médiation Sociale. This article argues that the emphasis on prior approaches to horizontal effect in recent rulings fails to address the profound constitutional issues that the horizontal effect of a fundamental rights catalogue raises, which concern the role of private responsibility within the developing constitutional order of the European Union. It therefore calls for a more systematically theorised approach towards the horizontal application of fundamental rights under the Charter framework.     

A Test of the Revised Auricular Surface Aging Method on a Modern European Population

The accurate age estimation of adults is an important step in the construction of the biological profile of skeletonized remains. The auricular surface of the ilium as it was developed in 1985 by Lovejoy et al., is one of the methods employed for age estimation. This study presents the results of a blind test of the revised auricular surface aging method developed by Buckberry and Chamberlain. A sample of 120 individuals from the Athens Collection was used to test this revised aging technique. Almost all features and composite score were positively correlated with known age‐at‐death. The calculation of bias demonstrated no obvious trend for either overestimation or underestimation of age when all individuals were pooled together. Inaccuracy showed that absolute errors of estimated ages against known ages are substantial. The data generated from this study suggest that the revised method can be reliable for age estimation on a modern European population.     

Privacy notices versus informational self-determination: Minding the gap

Privacy notices are instruments that intend to inform individuals of the processing of their personal data, their rights as data subjects, as well as any other information required by data protection or privacy laws. The goal of this paper is to clarify the current discourse regarding the (in)utility of privacy notices, particularly in the context of online transactions. The perspective is a European one, meaning that the analysis shall be geared towards the European Data protection framework, particularly the European Data Protection Directive. The paper discusses the role that privacy notices play under the European data protection framework today, summarizes the main critiques regarding the use of privacy notices in practice and develops a number of recommendations.     

Intergovernmental relations on immigrant integration in Canada: Insights from Quebec,Manitoba, and Ontario

ABSTRACT

The pattern of intergovernmental relations (IGR) on immigrant integration in Canada runs counter to core arguments in the extant literature. In particular, Canada's federal structures have not produced multilateral, institutionalized, and conflictual IGR; IGR in Canada has been predominantly bilateral and only moderately institutionalized. Moreover, IGR has been conflictual at times, while collaborative at others. Several factors explain this unexpected pattern. In an attempt to ward off separatism, the central government devolved authority over immigrant selection and settlement programmes to Quebec, creating a deep asymmetry between Quebec and the Anglophone provinces (and territories) in these areas. Interprovincial competition drove other provinces to seek powers over immigration and integration. The central government – driven by fiscal pressures and a philosophical commitment to symmetry – struck bilateral agreements with Anglophone provinces to fund and devolve settlement programming and some control over the selection of economic immigrants.