Amendment Rules in Constitutions

I study a formal model where the founder of a constitutiondetermines the amendment rule that minimizes constitutionalchanges by a future lobbyist. The founder has to consider thattoo flexible an amendment rule will make constitutional changevia amending too easy while too rigid an amendment rule willforce the lobbyist to look for other ways to achieve change. Icharacterize the optimal amendment rule under two alternativeformulations and study the comparative statics with respect tothe relative costs of amending and the other possibilities forchange.     

The paradox of legal harmonization

The legal landscape is changing, adapting to the global market. Differences between legal systems hinder transnational commerce. Countries reduce legal differences through non-cooperative and cooperative adaptation processes that alternatively lead to legal transplantation or harmonization. Switching costs render unification difficult. Cooperation reduces differences to a greater extent but rarely leads to legal unification. In this paper we unveil a paradox of legal harmonization. When switching costs are endogenous, countries engaging in cooperative harmonization may end up with less harmonization than those pursuing non-cooperative strategies.     

Duality in Property: Commons and Anticommons

Commons and anticommons problems are the consequence of symmetric structural departures from a unified conception of property. In this paper, we provide a dual model of property, where commons and anticommons problems are the consequence of a lack of conformity between use and exclusion rights. While commons and anticommons problems are symmetric in this sense, they are associated with asymmetric transaction costs. The paper formulates a hypothesis of legal rules for promoting unity in property and suggests a list of possible areas of application.     

Toward an asymmetric Coase theorem

Various reformulations of the Coase theorem have developed normative corollaries on the choice of optimal remedies in the presence of positive transaction costs. In this article, we consider the extent to which these propositions are affected by the presence of asymmetric transaction costs, and we offer a reformulation of the Coase theorem which takes into account asymmetrical transaction costs. Our analysis combines several insights from the existing literature on property-type vesus liability-type remedies, identifying the conditions for the superiority of each type of remedy. Further, we consider the possible use of mixed remedies and identify the optimal scope of such solution.     

The Role of Forensic Botany in Crime Scene Investigation: Case Report and Review of Literature

Management of a crime is the process of ensuring accurate and effective collection and preservation of physical evidence. Forensic botany can provide significant supporting evidences during criminal investigations. The aim of this study is to demonstrate the importance of forensic botany in the crime scene. We reported a case of a woman affected by dementia who had disappeared from nursing care and was found dead near the banks of a river that flowed under a railroad. Two possible ways of access to crime scene were identified and denominated “Path A” and “Path B.” Both types of soil and plants were identified. Botanical survey was performed. Some samples of Xanthium Orientalis subsp. Italicum were identified. The fall of woman resulted in external injuries and vertebral fracture at autopsy. The botanical evidence is important when crime scene and autopsy findings are not sufficient to define the dynamics and the modality of death.     

Stress-related temporary hearing loss--evaluation of bio-humoral parameters: forensic and criminological applications

The body-alarm reaction results from the activation of hypothalamic-pituitary-adrenal axis, which can lead to physio-psychological phenomena such as an exclusion/occlusion of the sense of hearing. One hypothesis to explain this alteration consists in a hydromechanical dysfunction of the internal ear attributable to antidiuretic hormone. In this study, we evaluated the perception of acoustic stimuli administered in stressful conditions in 14 phobic patients and in 20 healthy subjects, in order to assess the influence of stress on perceiving capabilities. We also measured the concentration of salivary cortisol and IL-1β and neurovegetative parameters to objectivise and quantify the physiological reactions. Our results show a worse perception of the frequencies of the human voice under stress; these findings could have a dual value: in the legal field, concerning criminal liability, and on the operative context, regarding the efficiency of verbal communication among law enforcement officers in situations inducing intense emotional stress.     

2004年《意大利民法典》公司法编之特点

一、自治、透明、简化 2004年1月1日生效的公司法的修改,是<意大利民法典>自诞生以来的60年中最为巨大的和最有组织化的变革.由调整资本公司与合作公司的法律所产生的变革是一种深刻的变革、一种根本的变革、一种更符合市场经济规则的变革.