Employment preservation vs. creditors’ repayment under bankruptcy law: The French dilemma?

The paper investigates the French dilemma associated with court administered resolution of corporate financial distress. In such a legal system, the courts seek a double objective: maintaining job positions through continuation, and determining the best outcome for the claimants. We discuss this dilemma empirically, using a unique sample of bankruptcy files on French SMEs. We address successively three critical questions. First, we highlight the determinants of the final bankruptcy outcome (continuation through reorganization or sale, or piecemeal liquidation): does continuation (the most employment-friendly outcome) depend on the firm's characteristics, and/or on the way the procedure is managed? Second, we study the determinants of the creditors’ recovery rates: do the courts play an active role in increasing recoveries? Third, we address the dilemma directly by focusing on sales as a going concern. We model the court administered selection process between rival buyout offers: do the courts balance the social content against the financial content of each offer? Is there an explicit arbitrage between employment preservation and creditor recoveries? Our main results are: (1) the French courts actively work to facilitate continuation against liquidation, and thus play a role in employment preservation. Besides, we find continuation is more likely to prevail when default is an outcome of specific difficulties (outlets, finance, and production). (2) We confirm the Radulovic (2008) findings: the global recovery rate mainly depends on the firm's ex ante characteristics at the time of triggering, while the way the procedure is managed by the court has little impact. Similarly to LoPucki and Doherty (2007), continuation via reorganization does not generate lower recovery rates on average than the other outcomes. (3) Last, the courts’ choice between rival buyout offers confirms that social considerations prevail in the arbitration. Yet, the courts still consider financial issues as well (a higher sale price increases the chances that an offer is selected), but without clear connection with the amount of due claims (one direct consequence is a moderate recovery rate on sales).     

Scanning electron microscopy analysis of experimental bone hacking trauma of the mandible

The authors report on a macroscopic and microscopic study of human mandible bone lesions achieved by a single-blade knife and a hatchet. The aim of this work was to complete the previous data (scanning electron microscopy analysis of bone lesions made by a single-blade knife and a hatchet, on human femurs) and to compare the lesions of the femur with those of the mandible. The results indicate that the mandible is a more fragile bone, but the features observed on the mandible are quite similar to those previously observed on the femur. This work spells out the main scanning electron microscopy characteristics of sharp (bone cutting) and blunt (exerting a pressure on the bone) mechanisms on human bone. Weapon characteristics serve to explain all of these features.     

The introduction of forensic advisors in Belgium and their role in the criminal justice system

Forensic advisors (FA) at the National Institute for Criminalistics and Criminology (NICC), generalists in forensic science, act as an advising body to the magistrate to improve communication between the various parties involved in the investigation: magistrate, police and crime scene investigators, and forensic experts. Their role is manifold, but their main objectives are to optimise trace processing by selecting the most pertinent traces in the context of the case and by advising magistrates on the feasibility of forensic analyses in particular circumstances in regards to the latest technical advances.Despite the absence of a legal framework governing their role and involvement in judicial cases, the demand for their services has increased over the years. Initially, forensic advisors were called for complex homicide cases. Due to the proximity with the Public Prosecutor's Office, the types of offences for which their expertise was sought have become more diverse (mainly including robbery, burglary and sexual assault cases), leading to a diversity in the types of cases handled by the forensic advisors (complex, simple and review).In many of the cases they are requested for, in addition to consulting on the best analytical strategy, forensic advisors also assume the role of case coordinator regarding the seized objects and their respective analyses. Indeed, in the majority of cases treated by the FAs, two or more types of expertise have been requested and performed, either at the internal laboratories of NICC or at external laboratories.This paper explains the role of the forensic advisors in Belgium, the path that let to their current status and problems encountered.     

Les Etats de Basse-Navarre de 1784 à 1788 : entre particularisme provincial et intégration à la couronne de France

This is a study about the deliberations of the estates of Lower Navarre between 1784 and 1788. It belongs to the school of thought represented by the work of Marie-Laure Legay and Julian Swann, who argue that the provincial estates, far from being little more than medieval survivals crushed by the weight of the ancient regime, were in a position to provide the crown with valuable services. Integrated in the Kingdom of France since 1620, Basse-Navarre retained its fors, its public and private law, and above all its tax system. This article considers the daily activities of the estates by describing their organisation, operation and through a critical analysis of the register of debates. A second section analyses the subjects of the laws which were passed, both in quantitative and qualitative terms, followed by a discussion of the relations between the members of the estates and the representatives of the central authority.     

Sequential lineup presentation: Patterns and policy

Sequential lineups were offered as an alternative to the traditional simultaneous lineup. Sequential lineups reduce incorrect lineup selections; however, the accompanying loss of correct identifications has resulted in controversy regarding adoption of the technique. We discuss the procedure and research relevant to (1) the pattern of results found using sequential versus simultaneous lineups; (2) reasons (theory) for differences in witness responses; (3) two methodological issues; and (4) implications for policy decisions regarding the adoption of sequential lineups.     

Toward a Theory of Weakness Politics: Does Weakness Rule the World?

This article argues that the debate on “new wars” and “post-Westphalian” wars and conflicts misses a crucial dimension, that of the importance of weakness in the relations between states as well as between states and non-state entities. Most analyses of war examine power relationships between states as if power were an essential determinant of success or failure in war. Recent wars, however, show that weakness can in fact become a strength, that inequality is not so much a problem as an advantage. The author suggests the need to rename and re-problematise “new wars” as “new international conflicts” (NICs), for otherwise we miss the fundamental reasons why “powers” are often defeated, or at least held at bay by the “weakness” of their adversaries. Suggestions will also be made about how to potentially resolve such unequal conflicts and wars.     

Gender and ethnicity in the Soviet Muslim peripheries: a feminist postcolonial geography of women’s work in the Tajik SSR (1950–1991)

ABSTRACT

This article explores the articulation and experience of Soviet gendered ideology regarding work in the Tajik SSR, one of the Muslim Soviet peripheries, during the post-war period ending with Perestroika. Central Asian women’s work was used for economic purposes, as well as being a key driver for fulfilling the ideological objective of emancipating Central Asian women from religion and tradition. Through a feminist postcolonial geography approach, attentive to questions of discourse and material lived experiences, this article explores the ways in which gender and ethnicity were co-produced by Soviet ideology. Analysis of scientific publications produced by Tajikistani female researchers, and of women’s magazines from the 1950s, is contrasted with ethnographic data on workers from various collective farms and semi-urban places, including ‘work heroines’ (peshqadam). Our findings illustrate the hybrid nature of the Soviet regime, advancing theoretical debates on the use of postcolonial theory in Soviet Central Asia.