The Powers of Application

This paper studies the formality of law and legal reasoning. It argues that, though the law (and its application) is indeed formal in that it does not take into account a significant number of considerations that should in principle be relevant for an all–things–considered decision, this is not to be explained on the basis of some ontology of rules (i.e., rules as exclusionary reasons), but upon the nature of legal discourse when viewed as a social practice. How the law is applied to particular cases, when substantive considerations not referred to by the rules are important enough to defeat their application to the case and questions of this kind are not answered by the legal material (which includes or might include rules, principles etc.), but by beliefs that underlie legal practice, beliefs about the world and its relation to human beings and society. Insofar as these beliefs have impact upon practices we recognise as legal they are termed "images of law." Legal reasoning cannot be understood without paying due attention to the nature and evolution of images of law.     

Everyday practices of humanitarian aid: tsunami response in Sri Lanka

This article underlines the importance of grounding the analysis of humanitarian aid in an understanding of everyday practice. It presents ethnographic vignettes illustrating three aspects of aid response in Sri Lanka following the tsunami disaster in 2004. The first deals with the nature of humanitarian actors, the second explores how different kinds of politics intertwine, and the third considers humanitarian partnerships. The authors discuss the need for a shift in current academic approaches, where discussions on humanitarian aid usually start from the level of principles rather than practice. They argue that accounts of the everyday practices and dilemmas faced by NGOs help to correct blind expectations, expose uncritical admiration, and put unrealistic critiques into perspective.     

Memories,Drama and Dreamers: Proposals to Address the Representation of the Latin World in the Face of the Telenovela Crisis

The broadcast of the Latin American telenovela in the United States has been approached from many perspectives. One approach is the study of how the Latin reality is perceived through stories, themes and iconographic elements. This article analyses the different forms of representation of reality as promotors of the identification, production of mental images and memory to maintain the interest of the spectators. A series of initiatives have been proposed so that the stories are more in line with the tastes and expectations of a complex, multicultural and multigenerational audience.     

Towards virtuous and ethical organisational performance in the context of corruption: A case study in the public sector

With the increasing number of ethical violations reported across the public sector, the emphasis on ethics and values in governance is on the rise. Corruption is widely accepted as a form of unethical behaviour that can have detrimental effects on organisations as well as society at large. Research calls for empirical studies focusing on the contextual factors surrounding corruption. Based on the Contextually Based Human Resource Theory and using the case study method, this paper examines the role of context through a systematic analysis of corruption in a public sector organisation. We integrate corruption and human resource literature to understand employee behaviour, employee relations, HRM strategies, and organisational outcomes in the context of organisational corruption.     

Whole Plastome Sequences of Two Drug-Type Cannabis: Insights Into the Use of Plastid in Forensic Analyses

DNA is one of the fastest growing tools in forensic sciences, increasing reliability in forensic reports and judgments. The use of DNA has increased in different areas of the forensic sciences, such as investigation of plant species, where plastid DNA has been used to elucidate and generate evidence in cases of traceability of genetically modified and controlled plants. Even with several advances and the practice of using DNA in forensic investigations, there are just few studies related to the identification of genetic tools for the characterization of drug and nondrug-types of Cannabis. Herein, the whole plastomes of two drug-type Cannabis are presented and have their structures compared with other Cannabis plastomes deposited in the GenBank, focusing in the forensic use of plastome sequences. The plastomes of Cannabis sativa “Brazuka” and of the hybrid Cannabis AK Royal Automatic presented general structure that does not differs from the reported for other C. sativa cultivars. A phylogenomic analyses grouped C. sativa “Brazuka” with the nondrug C. sativa cultivars, while the hybrid Cannabis AK Royal Automatic placed isolated, basal to this group. This suggests that the analysis of plastomes is useful toward genetic identification of hybrids in relation to C. sativa.     

Unsuspected meningoencephalitis in a case of assault by blunt force trauma

Reported is a case of an assault causing extensive blunt force injuries in which the clinical, radiologic, and postmortem findings were all consistent with death resulting from brain damage arising from the assault. The assailant was charged with murder. Subsequent full neuropathologic (including histologic) examination revealed the unsuspected finding of a widespread meningoencephalitis but no evidence of significant traumatic brain damage. The contributions of the infective process and of the trauma to death were felt to be unclear and a guilty plea to attempted murder was accepted. This case highlights the importance of a full neuropathologic examination, including histology, in cases of trauma to the head, even when the cause of death may initially appear obvious.     

Policy Shocks: On the Legal Auspices of Latin American Migration to the United States

In this paper, I compare the transition into legal permanent residence (LPR) of Mexicans, Dominicans, and Nicaraguans. Dominicans had the highest likelihood of obtaining residence, mostly sponsored by parents and spouses. Mexicans had the lowest LPR transition rates and presented sharp gender differentials in modes: women mostly legalized through husbands while men were sponsored through IRCA, parents. Nicaraguans stood in-between, presenting few gender differences in rates and modes of transition and a heavy dependence on asylum and special provisions such as IRCA and NACARA. I argue these patterns stem from the interplay of conditions favoring the emigration of and the specific immigration policy context faced by migrant pioneers; the influence of social networks in reproducing the legal character of flows; and differences in the actual use of kinship ties as sponsors. I discuss the implications of these trends on the observed gendered patterns of migration from Latin America.     

Punish Once or Punish Twice: A Theory of the Use of Criminal Sanctions in Addition to Regulatory Penalties

Though clearly distinct in nature and procedure, both regulatoryagencies and courts frequently rely on similar instruments tosanction the same or very similar kinds of illegal behavior.In this article, we develop a theory of the use of criminalsanctions in addition to regulatory penalties. We show that,even though it is generally more effective to have a penaltyimposed by a regulatory agency rather than by the courts, undersome conditions it is optimal to have both. The article providesthree arguments: agency costs when delegating law enforcement,legal error, and collusion between a regulatory agency and anoffender. The objective of the article, though, is not limitedto the determination of the theoretical conditions that canmake the use of both sanctioning schemes optimal. Our analysisis also relevant to the application of a specific legal doctrine,the Double Jeopardy Clause.     

The mechanism of fatal cardiopulmonary injury caused by a blow from a golf club

In the course of a scuffle, a youth of 18 years was struck a single blow across the chest with a golf club. He collapsed dead on the spot. At autopsy, a precisely located and highly distinctive patterned imprint abrasion of the precordial region was revealed providing an excellent match with the weapon. The heart showed multiple internal ruptures and there was a laceration of the lingula of the left lung. Injury to the chest wall was confined to the soft tissues, the rib cage and sternum being intact. We postulate a novel mechanism to explain the cardiac rupture.