Standard Form Contracts as Transnational Law: Evidence from the Derivatives Markets

This paper uses new research into the derivatives markets to develop our understanding of standard form contracts as transnational law and to show how transnational law theory may be usefully informed by empirical work. Traditionally, it has been assumed that international business communities seek to avoid the courts. However, the paper shows that the national courts play a prominent role in adjudicating disputes involving derivatives. Basing the discussion on the detail of these decisions by the English courts, the paper demonstrates that adjudication does not necessarily undermine widely used standard form contracts, and that it may even reinforce practices that underpin them. This is particularly the case where there is imperfect co‐incidence between a trade association's members and a standard form contract's users. Having explored recent cases, the paper reconciles its findings with a more open and imaginative account of the role of national courts within transnational law theory.     

The 2D:4D Ratio as a Predictor of the Risk of Recidivism after Court‐mandated Intervention Program for Intimate Partner Violence Perpetrators

Differences in aggressive behavior could be partially explained by differential prenatal exposure to testosterone (T). A peripheral marker of prenatal T exposure is the 2D:4D ratio, which has shown a negative correlation with self‐reported aggression in violent men. This study tested the direct association of the 2D:4D ratio with anger expression and the risk of recidivism in intimate partner violence (IPV) perpetrators after psychotherapeutic intervention program. The sample consisted of IPV perpetrators, whose 2D:4D ratio was measured before the intervention. Moreover, after the intervention, anger expression and risk of recidivism in IPV were assessed. Smaller 2D:4D ratio, especially of the right hand, was related to higher anger expression and risk of recidivism in IPV perpetrators. The contribution of this prenatal marker together with other psychobiological variables could play a key role in the propensity to react aggressively when coping with environmental demands.     

Automated decision-making in the EU Member States: The right to explanation and other “suitable safeguards” in the national legislations

The aim of this paper is to analyse the very recently approved national Member States’ laws that have implemented the GDPR in the field of automated decision-making (prohibition, exceptions, safeguards): all national legislations have been analysed and in particular 9 Member States Law address the case of automated decision making providing specific exemptions and relevant safeguards, as requested by Article 22(2)(b) of the GDPR (Belgium, The Netherlands, France, Germany, Hungary, Slovenia, Austria, the United Kingdom, Ireland).The approaches are very diverse: the scope of the provision can be narrow (just automated decisions producing legal or similarly detrimental effects) or wide (any decision with a significant impact) and even specific safeguards proposed are very diverse.After this overview, this article will also address the following questions: are Member States free to broaden the scope of automated decision-making regulation? Are ‘positive decisions’ allowed under Article 22, GDPR, as some Member States seem to affirm? Which safeguards can better guarantee rights and freedoms of the data subject?In particular, while most Member States refers just to the three safeguards mentioned at Article 22(3) (i.e. subject's right to express one's point of view; right to obtain human intervention; right to contest the decision), three approaches seem very innovative: a) some States guarantee a right to legibility/explanation about the algorithmic decisions (France and Hungary); b) other States (Ireland and United Kingdom) regulate human intervention on algorithmic decisions through an effective accountability mechanism (e.g. notification, explanation of why such contestation has not been accepted, etc.); c) another State (Slovenia) require an innovative form of human rights impact assessments on automated decision-making.     

In silico toxicity as a tool for harm reduction: A study of new psychoactive amphetamines and cathinones in the context of criminal science

The emergence of new psychoactive substances (NPS) has raised many issues in the context of law enforcement and public drug policies. In this scenario, interdisciplinary studies are crucial to the decision-making process in the field of criminal science. Unfortunately, information about how NPS affect people's health is lacking even though knowledge about the toxic potential of these substances is essential: the more information about these drugs, the greater the possibility of avoiding damage within the scope of a harm reduction policy. Traditional analytical methods may be inaccessible in the field of forensic science because they are relatively expensive and time-consuming. In this sense, less costly and faster in silico methodologies can be useful strategies. In this work, we submitted computer-calculated toxicity values of various amphetamines and cathinones to an unsupervised multivariate analysis, namely Principal Component Analysis (PCA), and to the supervised techniques Soft Independent Modeling of Class Analogy and Partial Least Square-Discriminant Analysis (SIMCA and PLS-DA) to evaluate how these two NPS groups behave. We studied how theoretical and experimental values are correlated by PLS regression. Although experimental data was available for a small amount of molecules, correlation values reproduced literature values. The in silico method efficiently provided information about the drugs. On the basis of our findings, the technical information presented here can be used in decision-making regarding harm reduction policies and help to fulfill the objectives of criminal science.     

Accuracy of four dental age estimation methodologies in Brazilian and Croatian children

ObjectiveTo compare and analyse the accuracy of four age estimation methods using the mineralisation stages of the permanent teeth (Cameriere et al. [16] [CAM], Liliequist and Lundberg [LLH] and Nolla without third molars [NOL7] or with them [NOL8]) in a mixed population of Brazilians and a homogeneous population of Croatians.MethodsOrthopantomograms of 930 Brazilians (366 males and 564 females) and 924 Croatians (365 males and 556 females) aged between 8 and 14.99 years were analysed using the CAM, LLH, NOL7 and NOL8 age estimation methodologies.ResultsLLH presented the best absolute differences (ADs) among both populations without sex stratification, while CAM presented the worst results. In addition, the mean differences revealed underestimations, except when the LLH and NOL7 methods were used for the Brazilians. When the sample was stratified by sex, the best AD values were found with NOL7 (0.80) for the Brazilians and with LLH (0.98) for the Croatians. When the sample was stratified by sex and age, CAM presented high accuracy at the early ages, and LLH presented high accuracy at the older ages. The results obtained with the Nolla methods (NOL7 and NOL8) were mostly similar, but NOL7 yielded slightly better results.ConclusionsThe values for the Brazilians and the Croatians were relatively similar, and the techniques were properly applied in both population samples. The best method for evaluating both countries was LLH, followed by NOL7, NOL8 and CAM.     

Preventing discrimination in the automated targeting of job advertisements

On the background of the increasing amount of discriminatory challenges facing artificial intelligence applications, this paper examines the requirements that are needed to comply with European non-discrimination law to prevent discrimination in the automated online job advertising business. This paper explains under which circumstance the automated targeting of job advertisements can amount to direct or indirect discrimination. The paper concludes with technical recommendations to dismantle the dangers of automated job advertising. Various options like influencing the pre-processing of big data and altering the algorithmic models are evaluated. This paper also examines the possibilities of using techniques like data mining and machine learning to actively battle direct and indirect discrimination. The European non-discrimination directives 2000/43/EC, 2000/78/EC, and 2006/54/EC which prohibit direct and indirect discrimination in the field of employment on the grounds of race or ethnic origin, sex, sexual orientation, religious belief, age and disability are used as a legal framework.     

'My tongue is mine ain': Copyright, the Spoken Word and Privacy

This article shows how under the present legislation in the United Kingdom copyright may exist in speech, in particular in interviews and conversations, provided that the words are recorded and constitute an original work. The argument is illustrated and supported by reference to reported cases from throughout the common law world, as well as to news stories and interviews with individuals ranging from Lord Denning to Michael Jackson. Issues arising from the collection of oral history are also discussed. It is further argued that, in addition to the internal analysis of copyright itself, such protection for the spoken word can be justified by the privacy and personality interests of speakers in the use of what they say.     

For Better or Worse? The Europeanisation of the Conflict of Laws

From its very beginnings the European Union(EU) has taken an interest in that area of legal activity known as the conflict of laws or private international law. The purpose of the conflict of laws is to determine how a national court should behave when confronted with a legal dispute that involves a foreign element. A state's conflict rules will provide the answer to three basic questions: in what circumstances their courts may assume jurisdiction over cases involving a foreign element, what system of municipal law to apply (their own or that of some foreign legal system) and which foreign judgments are capable of recognition and enforcement within their national system. The very fact that the EU exists in order to bring states together to form a single internal market would seem likely to provoke conflict of laws situations. It, therefore, appears unremarkable that the EU has agreed a variety of measures with a bearing on the conflict of laws. The purpose of this article, however, is not to give a detailed account of the EU's interventions on this topic. Instead the intention is to offer some thoughts upon and to raise some questions regarding the implications of the EU's engagement with the conflict of laws. In particular this article aims to provide an overview of the direction in which the EU is taking the conflict of laws and how this has affected the focus and character of the subject in one Member State, namely the United Kingdom. This revised version was published online in August 2006 with corrections to the Cover Date.     

"三个代表"与中华民族的伟大复兴

“三个代表”的重要思想与党肩负的实现中华民族伟大复兴的历史重任是联系在一起的。在新世纪,只要按照“三个代表”的要求,全面加强党的建设,不断增强党的创造力、凝聚力和战斗力,我们党就能切实承担起历史赋予的神圣使命,完成新世纪的三大历史任务,推进社会主义运动的发展,实现中华民族的伟大复兴。