Shirley V. Scott & Charlotte Ku: Climate Change and the UN Security Council

Liverpool Law Review -     

The Influence of Stadia and the Built Environment on the Spatial Distribution of Crime

Journal of Quantitative Criminology - The aim of this study was to explore the influence of “micro-” (e.g., pubs and fast-food restaurants) and “super-facilities” on area...     

A novel multiplex for simultaneous amplification of 20 Y chromosome STR markers

A multiplex polymerase chain reaction (PCR) assay capable of simultaneously amplifying 20 Y chromosome short tandem repeat (STR) markers has been developed to aid human identity testing and male population studies. These markers include all of the Y STRs that make up the "extended haplotype" used in Europe (DYS19, DYS385, DYS389I/II, DYS390, DYS391, DYS392, DYS393, and YCAII) plus additional polymorphic Y STRs (DYS437, DYS438, DYS439, DYS447, DYS448, DYS388, DYS426, GATA A7.1, and GATA H4). Primers for the markers DYS385, DYS389, and YCAII target duplicated regions of the Y chromosome and thus can provide two polymorphic peaks for each respective primer set. This Y STR 20plex, which utilizes 34 different PCR primers, is the first to include a simultaneous amplification of all the markers within the European "minimal" and "extended" haplotypes. Relative primer positions are compared between the newly developed primers described here and previously published ones. Efforts were made to avoid X chromosome homology in the primer design as well as close packing of PCR product size ranges in order to keep all alleles less than 350 bp through careful examination of known allele ranges. Haplotype comparisons between the 20plex and a commercially available kit found excellent agreement across the 76 samples in the Y chromosome consortium panel.     

FOCUS： PUNITIVE DAMAGES IN CHINA PUNITIVE DAMAGES,CHINESE TORT LAW,AND THE AMERICAN EXPERIENCE

In a country such as China, with abundant consumer products and the inevitability of product defects, claims for punitive damages are sure to arise under Article 47 of the new Chinese Tort Law. Article 47 provides that ＂（w）hereany producer or seller knowingly produces or sells defective products, causing death or serious damage to the health of others, the injured party may request appropriate punitive damages.＂ As Chinese jurists and scholars interpret Article 47, they may wish to consider whether lessons can be drawn from the American experience. During the past two decades, few areas of American law have changed more radically than the law on punitive damages. While there were once few restraints on the ability of a judge or jury to impose punitive damages in a case involving egregious conduct, today there are a host of limitations embodied in American state and federal law. In many American states, statutes or judicial decisions restrict the ability of a court to award punitive damages by narrowly defining the types of conduct that will justify a punitive award, raising the standard of proof capping the amount of punitive damages, requiring a portion of a punitive award to be forfeited to the state, or limiting vicarious liability for punitive damages. In addition, under federal constitutional law, the principle of due process limits the imposition of punitive damages by scrutinizing the ratio between compensatory and punitive damages and prohibiting an award to be based on harm to persons other than the plaintiff. An examination of these developments from a comparative law perspective may prove useful to the implementation of Article 47.     

Regulation of cognitive enhancement devices: commentary

Maslen et al. (2013) have provided us with a comprehensive overview of the current legislation regulating non-clinical cognitive enhancement devices (CEDs) in the European Union and have proposed a specific model whereby CEDs would be regulated in the same way as medical devices. An alternative model would be to require manufacturers to quantify risks only. Irrespective of the purported ‘benefits’ of a product, this would allow the consumer freedom of choice to use the product at their will and allow the periodic review of worthwhile indications and unexpected adverse events. Although this departs from the standard Cochrane-type assessment, it takes into account the facts that (i) the evaluation of clinically used cognitive enhancement techniques may not be as rigorous as one might expect, (ii) variations and case-by-case use might be widespread, and (iii) independent variables of significance and useful endpoints may not be obvious ab initio. We consider cerebrospinal fluid diversion techniques which are widely used clinically to enhance cognition in patients with normal pressure hydrocephalus despite any large-scale clinical studies demonstrating substantial benefit, and the real risks of paralysis and death from these invasive procedures. The risks of CEDs which have been available for some time need to be kept in perspective: are the risks really more than using conventional cognitive enhancement techniques such as imbibing too caffeinated drinks? Furthermore, the loss of Europe as a market for CEDs which do not comply with the proposed regulatory model implies a potential gain in the market for other parts of the world. This could impact on the ability of companies in Europe being able to compete in an evolving market demand for CEDs. Legislation to regulate CEDs should be guided by the principle of ‘do no harm’ and allow for innovation and competition.     

The Dynamics of Intra-jurisdictional Relations in the Inuit Regions of the Canadian Arctic: An Institutionalist Perspective

One of the most exciting developments in Canadian federalism has been the emergence of Aboriginal self-governing regions. This paper constructs a theoretical framework for exploring the evolution of intra-jurisdictional relations in the self-governing Inuit regions of the Canadian Arctic. Intra-jurisdictional relations in these regions are characterized by a unique set of relationships between elected governments and organizations that represent the beneficiaries of land-claims agreements. Using the literature on historical institutionalism, we argue that the nature of Inuit intra-jurisdictional relations following the establishment of self-government can be explained by the institutional choices made prior to the signing of land-claims agreements and/or self-government agreements. To illustrate the potential of our framework for analysing Inuit intra-jurisdictional relations, we briefly examine the experiences of Nunavut, an Inuit-dominated region and the newest territory in the Canadian federation.     

Autonomy in Extremis: An Intelligent Waiver of Appeals on Death Row

This article provides an in-depth account of the experiences of one condemned prisoner, Joseph Mitchel Parsons, who made the profound decision to waive his appeals and expedite his execution after serving eleven years under sentence of death in the State of Utah. Parsons determined that, at best, he faced years of appeals culminating in a long or life sentence that would likely end in a slow death in prison by unknown causes. Dropping his appeals, in contrast, offered a quick death in the execution chamber on a timetable under his control. The court granted Parsons the right to drop his appeals and expedite his execution. We provide evidence from this case study that the court allowed Parsons to make an autonomous decision to die on his own terms. As this research illustrates, an evaluation of the voluntariness of decisions to waive appeals in capital cases must be nested in an understanding of the death row experience of the individual under study. Case studies of the death row experience of those who waive their appeals, such as the research reported here, are integral to understanding these momentous decisions.     

Justice for All? Factors Affecting Perceptions of Environmental and Ecological Injustice

Moving beyond the typical focus on individual injustices, we examine individual-level and contextual factors affecting perceptions of justice with regard to the environment. Specifically, we examine decision-making procedures pertaining to environmental resource use and harms across groups of people; the distribution of environmental harms; and the direct treatment of the natural environment (i.e., procedural environmental justice, distributive environmental injustice, and ecological injustice, respectively). To test our hypotheses, we use data from a survey administered to a cohort of first-year college students at a southeastern university. Results demonstrate that environmental identity and perceptions of the extent to which the university context encourages sustainability consistently enhance perceptions of all three types of justice. Other factors differentially affect each type of justice. We discuss the importance of the patterns that emerge for environmental and sustainability education and speculate on the implications of moving from thinking about (in)justice related to the environment as an individual issue to one of the collectivity.     

Economic Elites and Support for Housing Affordability Policy: How a Housing-Health Belief Matters

Political Behavior - To investigate economic elites’ housing policy preferences and test the attitudinal, contextual, political, and economic conditions that drive support for affordable...