Reduced payer's liability for unauthorized payment transactions under the second Payment Services Directive (PSD2)

In 2015, the European legislator enacted the second Payment Services Directive, which, among other things, determines the payer's liability for unauthorized payment transactions. This paper will show that PSD2 has widened its scope and further reduces the payer's liability for unauthorized transactions, for example by making it impossible to hold the payer liable in case no strong customer authentication has been applied, by requiring supporting evidence to prove the payer's fraud or gross negligence and by applying the same rules when unauthorized transactions are initiated through a payment initiation service.     

Risk-Need-Responsivity applications of the MMPI-2 in sexual offender assessment

The present investigation examined the risk, need, and responsivity (RNR) correlates of MMPI-2 scores in a Canadian sample of 349 federally incarcerated sex offenders, followed up prospectively 19 years post-release. In terms of responsivity indicators, more serious profile patterns were associated with younger age, single marital status, lower education, and lower cognitive ability; the scales generally had weak associations with sex offender treatment completion or change. With respect to criminogenic risk and need, Scales F, 4, 6, 8, and 9 and combinations therein had significant associations with structured measures of sex offender risk, and in turn, consistently predicted sexual or violent recidivism over 5 and 10-year follow-ups. Several of these predictive associations were maintained even after controlling for static and dynamic risk factors. Finally, model based clustering of the MMPI-2 scales generated three clusters termed disordered, emotionally distressed, and predominantly antisocial (non-disordered) subtypes. Although comparatively higher rates of violent recidivism were found with the disordered subtype, this group did not have higher levels of risk and need, broadly speaking, than the other subtypes. The RNR implications of the results are discussed in terms of forensic applications of MMPI-2 with sex offender populations.     

Opinion 1/15 of the Grand Chamber dated 26 July 2017 about the agreement on Passenger Name Record data between the EU and Canada

On 26 July 2017, the Grand Chamber of the European Court of Justice rendered its seminal Opinion 1/15 about the agreement on Passenger Name Record data between the EU and Canada. The Grand Chamber considered that the decision of the Council about the conclusion, on behalf of the Union, of the agreement between the EU and Canada about the transfer and processing of PNR data must be based jointly on Article 16(2) about the protection of personal data and Article 87(2)(a) about police co-operation among member states in criminal matters, but not on Article 82(1)(d) about judicial co-operation in criminal matters in the EU of the Treaty on the Functioning of the EU. The Grand Chamber also considered that the agreement is incompatible with Article 7 on the right to respect for private life, Article 8 on the right to the protection of personal data, Article 21 on non-discrimination and Article 52(1) on the principle of proportionality of the Charter of Fundamental Rights of the EU since it does not preclude the transfer, use and retention of sensitive data. In addition to the requirement to exclude such data, the Grand Chamber listed seven requirements that the agreement must include, specify, limit or guarantee to be compatible with the Charter.The opinion of the Grand Chamber has far-reaching implications for the agreement on PNR data between the EU and Canada. It has also far-reaching implications for international agreements on PNR data between the EU and other third states. Last, it has far-reaching implications for Directive 681 of 27 April 2016 on PNR data.     

Protection gaps for civilian victims of political violence

This article begins by explaining why the United Nations' civilian protection agenda is particularly relevant and important for Africa and why the Responsibility to Protect (R2P) might be said to be an African norm export to the rest of the world. Next, it traces the reasons for peace operations' reluctance to use force. It then shows how the civilian protection agenda has tried to fill critical gaps in the existing normative architecture, with both R2P and the Protection of Civilians (POC) resulting from growing shame at the accumulating list of atrocities in which the international community stood by as passive onlookers, frustrations at the ‘constitutional’ constraints and normative inadequacies rather than indifference and apathy to the plight of civilian victims that produced the passivity, and a determination to reposition the United Nations system to be empowered and capacitated to be able to respond better on both the timeliness and effectiveness dimensions when confronted by repeat occurrences of similar tragedies. The fourth section discusses the merits of the R2P and POC norms in responding to the challenge of civilian protection. The final part notes that, despite these two valuable additions to the repertoire of the international community in dealing with atrocities perpetrated on civilians, there remain many gaps in the protection agenda, as shown in several recent cases.     

RyR2相关心脏性猝死的研究进展

雷诺定受体2(ryanodine receptor 2,RyR2)是心肌细胞肌浆网上主要的钙释放通道,主要参与心肌的兴奋收缩耦联过程,其基因突变及调控异常可导致心肌舒张期钙漏引起心律失常,甚至猝死。本文重点综述RyR2基因突变及调控异常引起心脏性猝死的机制,并对以后的研究提出建议,旨在为心脏性猝死的法医学诊断提供一种新的思路。     

Internal reliability and construct validity of the Novaco Anger Scale-1998-S in a sample of violent prison inmates in Sweden

Abstract

In this study, the internal reliability and construct validity of the recently adapted Swedish version of the Novaco Anger Scale (NAS-1998-S; Lindqvist, Dåderman, & Hellström, Social Behavior and Personality, 8, 773–788, 2003), as well as its scale correlations with demographic and criminality variables, were investigated. Construct validity was established by assessing the correlation pattern of the scales of NAS-1998-S with concurrent scales of similar and distinct constructs. Ninety-five male violent prisoners, ranging in age from 18 to 67 years, participated. The results demonstrated good internal reliability, consistent intrascale relationships, and appropriate construct validity of NAS-1998-S. The number of previous convictions had a moderate negative relationship with the capacity of control. Age and education correlated negatively with the NAS-1998-S scales, except Regulation. In addition to psychometric issues, the results were discussed from a clinical perspective on the offender population.     

The Politics of the Third Person

Abstract

Against the enthusiasm for dialogue and deliberation in recent democratic theory, the Italian philosopher Roberto Esposito and French philosopher Jacques Rancière construct their political philosophies around the nondialogical figure of the third person. The strikingly different deployments of the figure of the third person offered by Esposito and Rancière present a crystallization of their respective approaches to political philosophy. In this essay, the divergent analyses of the third person offered by these two thinkers are considered in terms of the critical strategies they employ. Contrasting Esposito’s strategy of “ethical dissensus” with Rancière’s strategy of “aesthetic dissensus,” it is argued that Esposito’s attempts to recruit the figure of the third person to dismantle the dispositif of the person are politically (if not philosophically) problematic, while Rancière’s alternative account of the third person is more promising for political theory and practice.     

Bacterial Degradation of Risperidone and Paliperidone in Decomposing Blood

The stability of two benzisoxazole antipsychotics was determined in vitro in decomposing porcine blood inoculated with bacteria, utilizing a high‐performance liquid chromatography with ultraviolet and fluorescence detection method for drug quantitation. Stability experiments for risperidone and paliperidone were conducted at 7, 20 and 37°C for 4 days using sterile and bacterially inoculated porcine blood. The drugs were stable in sterile blood at each temperature and in inoculated blood at 7°C, but degraded significantly in inoculated blood at 20 and 37°C. Complete loss occurred within 2 days when incubated at 37°C. The benzisoxazole‐cleaved degradation products for both drugs were identified as 2‐hydroxybenzoyl‐risperidone and 2‐hydroxybenzoyl‐paliperidone utilizing liquid chromatography quadrupole‐time‐of‐flight mass spectrometry and accurate mass measurements. The degradation products have been found in postmortem case studies, including one case where risperidone and paliperidone were not detected, indicating complete conversion can occur in situ.     

The normalizing role of rationalist assumptions in the institutional embedding of neoliberalism

The political economy of Britain over the past three decades provides an interesting example of the consolidation, normalization and institutionalization of a new economic paradigm – neoliberalism. As such, it serves as a potentially instructive focus for debate both about the conditions under which economic paradigms are replaced and consolidated and the evolution of such paradigms through the process of institutionalization. In this paper I suggest that the institutionalization of this new economic paradigm has been associated with the shift from a normative to a normalized and necessitarian neoliberalism. I examine the role played by rationalist assumptions in this extended process of normalization-institutionalization. After presenting a stylized account of the evolution of British neoliberalism, I show how New Labour's monetary policy regime is the heir to the legacy of monetarism and its agenda of labour-market reform is the heir to Thatcherism's supply-side economics. I suggest that the time-inconsistency thesis and the business school globalization thesis have played an equivalent role, for New Labour, to that played for the new right by monetarism and supply-side economics in legitimating neoliberalism. In this way neoliberalism has been normalized. In the final sections of the paper I reflect on the implications of the normalized and necessitarian character of neoliberalism in Britain for its contestability and for democratic economic governance more broadly.     

The honour of Georges Canguihem

The sense of intellectual rigour that attacted so many readers to the work of Georges Canguihen in the 1960s goes hand in hand with a deep sense of personal honour. He at times hints that there is a direct and necessary connection between the two, and that connection is best illustrated by his comments on the life and work of Jean Cavailles. For Canguilhem, the implacable logic that Cavailles found at work in the history of mathematics provided the ispiration that led him to take up arms in the Resistance. Cavailles exampplifies the extreme point where rigorous philosophy and political action merge in an undertaking against death.