Feminist Literary Theory and the Law: Reading Cases with Naomi Schor

This article brings together feminist literary theory and law by approaching a number of U.S. Federal cases on sex equality in light of the work of the renowned feminist literary critic Naomi Schor, and shows that literary theory constitutes an under-explored resource for feminist legal critique. Schor’s writings constitute a sustained rumination on the relationship between reading and feminism. Drawing on writings on language and the body by key French feminist theorists, Schor advances a method of interpretation which she terms, provocatively, ‘clitoral reading’, and which focuses on the place of details relating to women’s bodies and desires within literary and cultural discourses. In the course of her career, she analysed texts from domains as diverse as literature, philosophy, visual art, the history of fashion, and photography. I will demonstrate that her work can make a valuable contribution to legal studies by using it as an interpretative lens to re-examine U.S. Federal court judgments.     

Decomposing the Vote: Individual,Communal, and Cantonal Sources of Voting Behavior in Switzerland

This article considers individual, communal, and cantonal sources of voting behavior in the 2007 National Council elections in Switzerland. Using hierarchical linear models, it is shown how the vote propensity for the five main parties (CVP, FDP, Greens, SP, and SVP) varies across individuals, communes, and cantons. Key explanatory factors at each of these levels are explored, as well as cross‐party differences in the effects of these factors.     

Does Associational Involvement Spur Political Integration? Political Interest and Participation of Three Immigrant Groups in Zurich

This article looks at the determinants of the political integration of migrants at the local level, focusing on two dimensions of political integration: political interest (attitudinal dimension) and political participation (behavioral dimension). Based on a representative survey among Italians, Kosovars, and Turks in the city of Zurich, we tested the thesis advanced by the social capital approach which posits a link between membership in voluntary associations and political integration. Our findings suggest that membership in voluntary associations favors the political integration of the three groups under investigation. Furthermore, we find an impact of both ethnic and cross‐ethnic membership. However, while the effect of associational involvement on the behavioral dimension of political integration is strong and consistent across national groups, the attitudinal dimension displays a weaker and differential impact. Political attitudes and socio‐demographic characteristics play a less important role, except for the effect of the former on political interest, and also tend to have a differential impact on the three groups.     

Item Similarity in Scale Analysis

A statistic—the similarity coefficient—is developedfor assessing the property that a set of scale items measuresone and only one construct. This statistic is rooted in an explicitmeasurement model and is flexible enough to be used in exploratoryscale analyses, even in small samples. Methods for analyzingsimilarity coefficients are described and illustrated in analysesof Stimson's (1991) policy mood data and Markus' (1990) popularindividualism items. The Appendix discusses the statisticalproperties of similarity coefficients.     

An overview of the judicial protection of patents in China

Legal context: The present paper introduces how the patent protection systemis organized in China and the competence of various administrativeand judicial instances is reviewed with case studies as illustrativeexamples. Key points: The article describes the patent grant (or refusal) procedureand the means available to an applicant to have a decision reviewed,as well as the prosecution of invalidity actions. Practical significance: Finally, the authors examine responses to patent counterfeitingthrough administrative proceedings along with their practicalimplications. This might possibly involve agreement betweenthe parties, and judicial actions, including both civil andcriminal proceedings.     

Employee Rights on Transfer of Undertakings: Italian Legislation and EC Law

Abstract:  The authors examine the conformity with Community law of the recent regulatory changes introduced to the Italian legal system regarding the safeguarding of employees' rights during transfers of undertakings. The investigation takes place on the assumption that the principle of primacy of Community law applies, which first and foremost means that it must be verified whether the domestic legislation in question complies with the interpretation given to the relative provisions of Community law. According to the authors' opinion, domestic law could be judged as non-conforming to the interpretation that has been given by the Court of Justice, so that the question may be brought before the Court of Justice ex Article 226 EC or by recourse to the preliminary ruling procedure under Article 234 EC, which reveal cases of incorrect implementation of the Directive.     

Preventing Suicide in Jails and Prisons: Suggestions from Experience with Psychiatric Inpatients

Abstract:  Both among psychiatric inpatients and inmates of prisons and jails, suicide is highly prevalent with alarming rates. In many countries, there has been a call for action to prevent such deaths and to educate staff in the early recognition of suicide risk. A careful MedLine search was used to identify relevant papers dealing with suicide prevention in psychiatric inpatients. This paper reviews this research and the policy recommendations that have been developed for psychiatric hospitals in order to reduce the incidence of suicide in their patients. Results derived from this search indicated that these policy recommendations can be applied to suicide prevention in correctional settings, and it is argued that suicide prevention programs in correctional settings can benefit from the research conducted and the policy recommendations for suicide prevention in psychiatric facilities. In conclusion, the best practices for preventing suicides in jail and prison settings should include the following elements: training programs, screening procedures, communication between staff, documentation, internal resources, and debriefing after a suicide.     

The Utility of Skeletal and Surgical Features for the Personal Identification Process: A Pilot Study

This pilot study provides a conceptual framework for the application of the anthropological analysis of skeletal features and surgical interventions for the purpose of identification in cases of unknown deceased individuals with unavailable fingerprint, genetic or odontological antemortem data. The study sample includes 276 individuals with known demographic and clinical information from the Italian CAL Milano Cemetery Skeletal Collection. In the sample, 124 (45%) individuals showed one or more skeletal features that may be potentially individualizing. Of these, 79% showed two and more features, which occurred in a multitude of different combinations. Skeletal findings may provide useful postmortem information that can be compared with antemortem witness statements and clinical imaging. However, more research into the utility of dry bone findings and the availability of comparative material, including imaging, and epidemiological data needs to be undertaken before skeletal features can be implemented into identification protocols and databases.     

Inaction,under-reaction action and incapacity: communication breakdown in Italy’s vaccination governance

This article explores why governments do not respond to public compliance problems in a timely manner with appropriate instruments, and the consequences of their failure to do so. Utilising a case study of Italian vaccination policy, the article considers counterfactuals and the challenges of governing health policy in an age of disinformation. It counterposes two methods of governing vaccination compliance: discipline, which uses public institutions to inculcate the population with favourable attitudes and practices, and modulation, which uses access to public institutions as a form of control. The Italian government ineffectively employed discipline for a number of years. Epistemological and organisational constraints stymied its efforts to tackle a significant childhood vaccination compliance problem. With a loss of control over the information environment, vaccinations were not served well by exogenous crises, the sensationalism of the news cycle and online misinformation. Hampered by austerity, lack of capacity and epistemic shortcomings, the Italian government did not protect the public legitimacy of the vaccination programme. Instead of employing communications to reassure a hesitant population, they focused on systemic and delivery issues, until it was too late to do anything except make vaccinations mandatory (using modulation). The apparent short-term success of this measure in generating population compliance does not foreclose the need for ongoing governance of vaccine confidence through effective discipline. This is evident for the COVID-19 vaccination campaign, with many Italians still indicating that they would not accept a vaccine despite the devastation that the disease has wrought throughout their country.