“David Byrne really does love PowerPoint”: art as research on semiotics and semiotic technology

This article presents a reading of David Byrne's Envisioning Emotional Epistemological Information, an art work created with MicroSoft's presentation software PowerPoint, as an instance of creative research on semiotics and semiotic technology. It reveals commonalities and differences between Byrne's ideas about PowerPoint and related ideas from linguistics and semiotics, and is intended as a contribution to research on PowerPoint, and on semiotic technologies generally, as well as to efforts aimed at developing criteria for evaluating art as research on semiotics.     

The functioning and regulation of escrow accounts

Abstract

About 40 million Americans have mortgages serviced by escrow accounts. Yet escrow accounts are rarely covered by an explicit agreement between borrower and lender and are often poorly understood. As a result, escrow accounts have become the subject of growing controversy. Federal regulation of escrow accounts has become increasingly detailed and intrusive during the past two decades, and the subject is under almost continuous regulatory review. In the 1990s, the attorneys general of at least 10 states have sued large escrow account servicers over administration of accounts.

The purposes of this article are to explain briefly how escrow accounts work, benefit relevant parties, and are regulated by federal agencies, and to evaluate alternative regulatory programs. Most of the legitimate social goals of federal regulation could be achieved by requiring an explicit escrow agreement at the time of closing on a mortgage. A second‐best requirement would be that interest be paid on escrow balances.     

The Genesis of the Austrian Model of Constitutional Review of Legislation

Abstract The European model of the constitutional review of legislation, characterized by the concentration of the constitutional review power in a single constitutional court, had its origin in the Austrian Federal Constitution of 1920. This is all the more remarkable when one considers that this Constitution established at the same time a parliamentary system of government in a fairly radical form. As the author explains, this “invention” of a constitutional court is attributable to two factors. One factor is the federal aspect. The Court was conceived by the framers of the Austrian Federal Constitution of 1920 as an umpire between federal legislation and the legislation of the states or Länder. In this respect it was meant as a substitute for the principle of the priority of federal law over state or Land law. This is manifest in the initial draft of the Constitution, where actions on questions of the constitutionality of legislation could only be brought by the Federal government (against the legislation of one or another of the states or Länder) and by the State or Land governments (against federal legislation). Right from the beginning, however, the Court could examine a parliamentary act ex officio when it had to apply such an act in another proceeding. It was this power of the Court that triggered the development of constitutional review. Its exercise gradually transformed the Court into a guardian of the Constitution as a whole, in particular, the fundamental rights of citizens. The author traces this development in the context of the concept of state and law that prevailed in the late nineteenth and early twentieth century. This concept included specific restrictions on constitutional review. On the basis of a different understanding of the functions of a constitution, the Court gave up these restrictions and followed the examples of the European Court of Human Rights, the German Constitutional Court and—indirectly—the American Supreme Court.     

Bureaucracy Versus Markets in Hospital Care: The Dutch Case

In this paper we analyze the bureaucratic negotiation processthat is implied by the budgeting system applied in Dutchhospital care. This system is based on centralized pricesetting while simultaneously allowing for decentralizednegotiations on volumes. We apply a variant of the bureaucracytheory, according to which the bureaucratic agency (in ourcase the joint hospitals) are not allowed to pricediscriminate, but will receive a flat price per unit ofoutput. We find that central price setting, where the insurercannot exploit its information on hospital costs, leads to asuboptimal supply of hospital care.     

Constitutionality of ‘bride price’ in Nigeria: echoes from the supreme court of Uganda

The practice of bride price is a distinctive and established feature of African customary law marriage. In Nigeria, the practice has received statutory and judicial approval. However, the recent decision of the Supreme Court of Uganda on the practice of bride price in Uganda has disturbed the assumption of its constitutionality. This article envisages legal and ideological influence; consequently, it examines the validity of the decision against the background of Nigerian constitutional law. It agrees to a nuanced change in the practice but argues that the change must be authentic and not dictated by Western liberal typology.     

Cross-ethnic generalizability of the three-factor model of psychopathy: the Youth Psychopathic Traits Inventory in an incarcerated sample of native Dutch and Moroccan immigrant boys

Background

Previous research provides support for the existence of the psychopathy construct in youths. However, studies regarding the psychometric properties of psychopathy measures with ethnic minority youths are lacking.

Methods

In the present study, the three-factor structure of the Youth Psychopathic Traits Inventory (YPI) was examined for both native Dutch youth (N = 158) and an ethnic minority group, Moroccans (N = 141), in an incarcerated adolescent population in the Netherlands.

Results

Our results showed that the three-factor structure of the YPI is comparable across an ethnic majority and an ethnic minority group in an incarcerated sample in the Netherlands. Moreover, associations between psychopathic traits and mental health problems were similar for both ethnic groups.

Conclusion

The results support the cross-ethnic generalizability of the three-factor model of psychopathy as measured through the Youth Psychopathic Traits Inventory.     

Diagnosis of antisocial personality disorder and criminal responsibility

The present study empirically investigates whether personality disorders and psychopathic traits in criminal suspects are reasons for diminished criminal responsibility or enforced treatment in high security hospitals. Recently, the tenability of the claim that individuals with personality disorders and psychopathy can be held fully responsible for crimes has been questioned on theoretical bases. According to some interpretations, these disorders are due to cognitive, biological and developmental deficits that diminish the individual's accountability.The current article presents two studies among suspects of serious crimes under forensic evaluation in a Dutch forensic psychiatric observation clinic. The first study examined how experts weigh personality disorders in their conclusions as far as the degree of criminal responsibility and the need for enforced forensic psychiatric treatment are concerned (n = 843). The second study investigated associations between PCL-R scores and experts' responsibility and treatment advisements (n = 108).The results suggest that in Dutch forensic practice, the presence of a personality disorder decreased responsibility and led to an advice for enforced forensic treatment. Experts also take characteristics of psychopathy concerning impulsivity and (ir)responsibility into consideration when judging criminal accountability. Furthermore, they deem affective deficiencies sufficiently important to indicate suspects' threat to society or dangerousness and warrant a need for forensic treatment.     

The First Machiavellian Moment in America

Standard interpretations of early American political thought and of the classical‐republican tradition fit uneasily with an overlooked episode in the history of ideas: the reception of Machiavelli in seventeenth‐century New England. Some puritans there not only found ways to justify bad means for good ends but also adopted a deeper, properly political Machiavellism, upholding the priority of popular judgment over elite wisdom and of institutionalized accountability over discretionary political authority. Unlike the eighteenth‐century republicanism that has preoccupied modern scholarship, the theory of radical democracy associated with the first Machiavellian moment in America puts fundamental institutional reform and accountability with teeth on the agenda of democratic theory.