(1) In the empire tree, the first ship is usually the highest lvl cap. The titan is in the end, somewhere between cheapo frigs and fighters. IMO the titan should always be the first ship in the tree, no matter what his lvl is. Its firepower and general importance make it usually one of the the most important things you have to manage so it should have a dominant position in the empire tree.

(2) Is there any way to tell the fraction of my enemy when i see him besides waiting for mid game to see his titan or the effects of his fraction-specific tech? In sins, telling your opponent's race was obviously simple as hell, but with two fractions using basically exactly the same ships this aint as easy. If there is no way of telling my enemies' fragtion theni think it should be implemented.