Promoting the Information Society: The EU Directive on Electronic Commerce

On 8 June 2000, the EU adopted the landmark 'electronic commerce' directive, a legal framework for the development of information society services. This article examines the rationale and evolution of EU policy for e-commerce and the key features of the directive. These include establishing the responsibilities of service and intermediary service providers, procedures for concluding on-line contracts and redress and enforcement mechanisms. It also explores the extent to which the directive clarifies the national law applicable to cross-frontier transactions and the relationship between the directive and private international law. The directive makes an important contribution to encouraging trust in the new technologies by establishing an EU-wide model for e-commerce, but it is by no means clear that it goes far enough. The continuing divergence of consumer protection policies and uncertainties about jurisdiction, securing redress, the liabilities of service providers and the status of contracts based upon web-site advertisements may continue to discourage the development of e-commerce in the Community.     

Mueller on European Federation: A Reply from the Perspective of Australian Federalism

Dennis Mueller has recently made a significant contribution tounderstanding issues of federalism and confederalism in theEuropean Union – from a particular public choice point of view. Hefurnishes an important and provocative discussion of therelationship between the decision-making rules embodied in aconstitutional convention (or other means of drafting a form ofunion for constituent states) and the decision-making rules whichwill be contained in the constitution which is the outcome of thatconvention. However, Mueller's veiled preference for a certainideal form of federalism for Europe tends to reduce the parametersof his discussion, and gives his article an unrealistic and narrowfocus, despite its ambitious scope. The present article exploressome of the latent complexities in the public choice analysis anddesign of European integration, particularly by drawing on thewider experience of working federations and theory of federalism,using the unique and synthesizing Australian experience as a pointof departure. It argues that Mueller's analysis is biased towardsthe reduction of decision-making costs of European governance, andthus undervalues the external costs that may be imposed throughexcessive central government.     

Use of an Automated Nested Multiplex Respiratory Pathogen PCR Panel Postmortem in the Pediatric Forensic Setting

Respiratory pathogens have been detected in forensic investigations using multiple techniques; however, no study has examined the use of automated, nested, multiplex polymerase chain reaction (ANM‐PCR), commonly used in living patients, in the forensic setting. This retrospective study assessed the utility of ANM‐PCR in detecting respiratory pathogens in the pediatric forensic setting. Respiratory samples from 35 cases were tested for up to 20 respiratory pathogens. 51.4% of these cases yielded a positive ANM‐PCR result, 20% of which were considered the cause of or contributory to death. The most commonly detected pathogens were rhinovirus/enterovirus and respiratory syncytial virus, and these were the only pathogens determined to play a significant role in cause of death. The sampled sites and postmortem intervals tested did not affect the likelihood of a positive or negative test. ANM‐PCR panels are effective, affordable, and rapid ancillary tools in evaluating cause of death in the forensic pediatric population.     

Family (Law) Assemblages: New Modes of Being (Legal)

This article advances a new model for family law to address emerging non‐conventional family formations, particularly between parents and children. We contend that the conventional model of kinship categories as static, predefined statuses should be replaced with a model whereby the state accommodates kinship categories the law users themselves produce within their fluid and nomadic family assemblages and that they actively revise when negotiating state recognition. We claim that this model would better reflect and govern the emerging kinship system. We corroborate this by drawing on insights from family research that takes issue with the fragmentation of kinship, particularly the fragmentation of motherhood. We then elaborate on a conception of state recognition as the capacity to trace connections and identify normative frameworks, one that valorizes the self‐organizing force of social practices but at the same time holds onto the filtering role of the state.