Family Ties: The Use of DNA Offender Databases to Catch Offenders'' Kin

The authors examine the scientific possibility and the legal and ethical implications of using DNA forensic technology, through partial matches to DNA from crime scenes, to turn into suspects the relatives of people whose DNA profiles are in forensic databases.     

The ASEAN Way and Community Integration: Two Different Models of Regionalism

Abstract:  The aim of this article is to compare the EU and the Association of South-East Asian Nations (ASEAN) as models of regional integration, while using the well-funded dichotomies of structural and functional analysis of international organisations. At their origin, the two organisations were very different by nature—the EU has always been a role model, or sometimes counter model, for the ASEAN. Today, their objectives and aims are more and more alike, although their structural and legal means remain very different. Finally, both organisations have to find their own way and justification in order to be accepted by their people and to be an active actor of a more globalised world.     

Criminalizing white-collar misconduct

In this article we examine three explanations for the differential treatment of white-collar offenders by the legal system: (1) an organizational advantage argument in which offenders in “organizationally shielded” positions receive more lenient treatment, (2) an alternative sanctions argument in which civil sanctions replace criminal sanctions in the response to white-collar crime, and (3) a system capacity argument in which the legal response to white-collar crime is driven primarily by resources and caseload pressures. These three theoretical arguments are tested through an analysis of data on individuals suspected of having committed serious crimes against savings and loan institutions in the 1980s. We seek to determine the factors that influenced prosecutors to file criminal charges against some of these suspects and not others. We conclude that all three models may be limited in their ability to explain low rates of prosecution in cases involving white-collar crimes of the sort examined here, and suggest that these limitations may have to do with the circumscribed levels of analysis at which these explanations have been pitched.     

Informal economic activity: Early thinking, conceptual shifts, continuing patterns and persistent issues – a Michigan study

In this paper we review theoretical perspectives on the informal economy that developed during the period 1958–1992. We describe shifts in thinking in two phases that we identify as ‘first wave studies’ and ‘second wave studies,’ and we identify a series of critical theoretical issues that emerged from the thinking during these periods. Then, focusing on the state of Michigan, USA, we examine empirical research that was conducted in the second wave and compare the results with a state survey that we conducted in 2005. The overall aim of this paper is to summarize the extent of theoretical and empirical studies of informal economy before the more recent postmodern informed analysis of the 1990s, and to document shifts in patterns of informal economic activity as this is revealed from the research. We conclude with a discussion of theoretical and empirical questions that have begun to be addressed in the last 15 years of what has now been 50 years of research on this topic.     

Incidental findings and ancillary-care obligations.

Recent work on incidental findings, concentrating on the difficult problems posed by the ambiguous results often generated by high-tech medicine, has proceeded largely independently from recent work on medical researchers' ancillary-care obligations, the obligations that researchers have to deal with diseases or conditions besides the one(s) under study. This paper contends that the two topics are morally linked, and specifically that a sound understanding of ancillary-care obligations will center them on incidental findings. The paper sets out and defends an understanding of ancillary-care obligations, which is based on the idea that when participants signed up for a study they may -- independently of their beliefs and expectations and of those of the researchers -- be taken to have partially entrusted certain aspects of their health into the researchers' hands. This partial entrustment model of ancillary-care obligations, in turn, has substantive implications for how to deal ethically with incidental findings; for instance, it suggests that researchers have no moral obligation to hunt for incidental findings.