Sequencing of remedies in sales law

This paper analyzes the effects of different sequences of remedies on the incentives of sellers to invest in product quality and on the probability of contract termination. For most European jurisdictions, Directive 1999/44/EC on the sale of consumer goods and its subsequent implementation into national law resulted in a substantial change in the remedies available to the consumer if a product proves deficient. Despite the purpose of the directive to harmonize national legislation, sales laws still differ significantly among member states. The analysis uses a stylized model to compare the pertinent features of two prototypical legal regimes that can be found after the directive’s implementation. The pivotal difference between the respective regimes lies in the sequence of remedies. We show that it is possible that investment incentives and the probability that contractual relationships initiated will be completed may be larger under either legal regime. Despite the general case’s ambiguity, we establish that the cancelation probability is typically lower if sales law limits buyers initial choice of remedies to subsequent performance. Our analysis indicates that the EC’s harmonization target has been missed. With regard to social optimality, we detail under which conditions it is desirable to provide an institutional framework that allows total seller investment to be split between an initial and an incremental input.     

Small and smart: the role of Switzerland in the Cartagena and Nagoya protocols negotiations

This paper looks at Switzerland to examine the role of a small state during the negotiations of the Cartagena and the Nagoya Protocols to the Convention on Biological Diversity. The influence of this small country was substantial at some point in the negotiation processes and on important features of the protocols. The main explanatory factors for this influence are identified as the competence and the tactical skills of the Swiss delegations as well as the flexible and timely mandates they received. This was reinforced by the way the position formation process was organized at the domestic level, namely a lead ministry strongly committed to the process and an efficient coordination between domestic actors, including the delegations. The Swiss delegations were thus able to support the progress of the negotiations, and in parallel to secure some of their interest, by assuming entrepreneurial and intellectual leadership strategies in function of the evolution of domestic and international constraints and opportunities.     

Assessment of approximate likelihood ratios from continuous distributions: a case study of digital camera identification

A reported likelihood ratio for the value of evidence is very often a point estimate based on various types of reference data. When presented in court, such frequentist likelihood ratio gets a higher scientific value if it is accompanied by an error bound. This becomes particularly important when the magnitude of the likelihood ratio is modest and thus is giving less support for the forwarded proposition. Here, we investigate methods for error bound estimation for the specific case of digital camera identification. The underlying probability distributions are continuous and previously proposed models for those are used, but the derived methodology is otherwise general. Both asymptotic and resampling distributions are applied in combination with different types of point estimators. The results show that resampling is preferable for assessment based on asymptotic distributions. Further, assessment of parametric estimators is superior to evaluation of kernel estimators when background data are limited.     

Teaching post-mortem external examination in undergraduate medical education--the formal and the informal curriculum

In undergraduate medical education, the training of post-mortem external examination on dead bodies might evoke strong emotional reactions in medical students that could counteract the intended learning goals. We evaluated student perception of a forensic medicine course, their perceived learning outcome (via self-assessment) and possible tutor-dependent influences on the overall evaluation of the course by a questionnaire-based survey among 150 medical students in Hamburg, Germany. The majority of students identified post-mortem external examination as an important learning objective in undergraduate medical education and did not feel that the dignity of the deceased was offended by the course procedures. After the course, more than 70% of the students felt able to perform an external examination and to fill in a death certificate. Respectful behavior of course tutors towards the deceased entailed better overall course ratings by students (p<0.001). Our findings highlight the importance of factors such as clearly defined learning goals and course standardization (formal curriculum) as well as tutor behavior (informal curriculum) in undergraduate education in forensic medicine. Furthermore, we suggest embedding teaching in forensic medicine in longitudinal curricula on death and dying and on the health consequences of interpersonal violence.     

The impact of organisational attributes on political participation: results of a multi‐level survey from Switzerland

Abstract: The notion of civil society associations as schools of democracy has resulted in models of political participation that place an emphasis on membership in civic associations as a means of developing personal skills that are conducive to political participation. These suppositions seem well established. It is still contested, however, to what extent the particular characteristics of the associations that offer such membership have an impact on civic engagement. Expanding recent research that mainly builds on group characteristics aggregated from the characteristics of the associations’ members, we apply the Swiss part of a unique multi‐level data set, the CID‐data, which provides information about approx. 1000 activists from about 400 associations. This data allows us to measure group characteristics, such as the function of an association and its connection to the local elite, directly and thus provides us with a special opportunity for a multi‐level analysis of activists nested in organisations.