Criminal poisoning of commuters in Bangladesh: prospective and retrospective study

Travel-related poisoning is an emerging social and public health emergency in Bangladesh but its cause and significance have not been determined. To investigate this syndrome we performed a prospective clinical study and retrospective analysis of hospital records in a general medicine unit of a public tertiary care teaching hospital in Dhaka, Bangladesh, using toxicological analysis by fluorescence polarization immunoassay (FPIA) and liquid chromatography coupled to time-of-flight mass spectrometry (LC-TOF MS). The participants of the prospective study were 130 consecutive patients aged 16-80 years who were admitted with central nervous system depression (Glasgow Coma Score 3-14) after using public transportation, in the absence of other abnormalities, from January through June 2004, and a convenience sample of 15 such patients admitted during 3 days in May 2006. In 2004-2006, travel-related poisoning increased from 6.1 to 9.5% of all admissions (210-309 of 3266-3843 per year), representing 46.6-55.7% of all admitted poisoning cases. Incidents were associated with bus (76%), taxi, train, and air travel, or local markets; 98% of patients remembered buying or accepting food or drinks before losing consciousness. Direct financial damage (missing property) was diverse and frequently existential. Among 94 urine samples analyzed by FPIA, 74% tested positive for benzodiazepines. Among 15 urine samples analyzed by LC-TOF MS, lorazepam was detected in all; five also contained diazepam or metabolites; nitrazepam was present in three. FPIA results obtained for these 15 samples were below the recommended cut-off in eight (53%; lorazepam only). Our findings show that the massive medicosocial emergency of travel-related poisoning in Bangladesh is the result of drug-facilitated organized crime and that benzodiazepine drugs are used to commit these crimes, suggesting modifications to the local emergency management of the victims of this type of poisoning. They also highlight the need for more research in the neglected field of acute poisoning in Bangladesh, and for criminal investigations of the use of benzodiazepine drugs in this country.     

‘Are the ‘others’ coming?’: Evidence on ‘alien conspiracy’ from three illegal markets in Greece

In the early 1990s Greece accepted a large number of immigrants from a variety of contexts. Since then ‘organised criminality’ has become an important aspect of the immigration nexus in the country, and ethnicity has been viewed as an extremely important-if not the primary–explanatory variable. Simultaneously, there has been very little empirical research on ‘organised crime’ in Greece in general and ‘organised crime’ and ethnicity in particular. The purpose of this article, which is based on previous research that the author has conducted on three illegal markets in Greece (a. migrant smuggling business, b. the cigarette black market, and c. the market of stolen cars and car parts), is to show the extent to which these illegal markets are controlled by foreign nationals, and establish whether there is such thing as an ‘alien conspiracy’ in the particular country.     

A Retributive Argument Against Punishment

This paper proposes a retributive argument against punishment, where punishment is understood as going beyond condemnation or censure, and requiring hard treatment. The argument sets out to show that punishment cannot be justified. The argument does not target any particular attempts to justify punishment, retributive or otherwise. Clearly, however, if it succeeds, all such attempts fail. No argument for punishment is immune from the argument against punishment proposed here. The argument does not purport to be an argument only against retributive justifications of punishment, and so leave open the possibility of a sound non-retributive justification of punishment. Punishment cannot be justified, the paper argues, because it cannot be demonstrated that any punishment, no matter how minimal, is not a disproportionate retributive response to criminal wrongdoing. If we are to hold onto proportionality—that is, proportionality as setting a limit to morally permissible punishment—then punishment is morally impermissible. The argument is a retributive argument against punishment insofar as a just retributive response to wrongdoing must be proportionate to the wrongdoing. The argument, that is, is concerned with proportionality as a retributive requirement. The argument against punishment is set out on the basis of a familiar version of the ‘anchoring problem’, according to which it is the problem of determining the most severe punishment to anchor or ground the punishment scale. To meet the possible criticism that we have chosen a version of the anchoring problem particularly favourable to our argument, various alternative statements of the anchoring problem are considered. Considering such statements also provides a more rounded view of the anchoring problem. One such alternative holds that the punishment scale must be anchored not just in the most severe punishment, but in the least severe punishment as well. Other alternatives hold that it is necessary and sufficient to anchor the punishment scale in any two punishments, neither of which needs to be the most or least severe punishment. A further suggestion is that one anchoring point anywhere along the punishment scale is sufficient, because it is possible to ‘project’ from such a point, so as to determine the correlative punishments for all other crimes, and so derive a complete punishment scale. Finally, the suggestion is considered that one can approach the issue of a punishment scale ‘holistically’, denying any distinction between anchoring and derived (or ‘projected’) punishments.     

The WTO's First Antitrust Case - Mexican Telecom: A Sleeping Victory for Trade and Competition

A World Trade Organization (WTO) dispute panel has decided theWTO’s first antitrust case. It resolved the matter infavour of the United States’ claim that Mexico had anticompetitivelyfacilitated exploitative prices and a cartel that raised theprice of terminating cross-border telephone calls in Mexicoand thereby harmed trade and competition. The case is Mexico– Measures Affecting Telecommunications Services (April2004) (‘the Mexican telecom case’). This essay arguesthat if the WTO’s antitrust clause was in fact triggered(which is a point of contention), Mexico’s conduct violatedits obligations. Furthermore, it argues that the GATS antitrustobligation in the telecommunications sector should be acknowledgedas occupying an important place at the intersection of trade,competition and industrial policies. Antitrust law is the otherside of the coin of liberal trade law. Antitrust law opens marketsby prohibiting private and other commercial restraints, whiletrade law opens markets by prohibiting public restraints. BeforeMexican telecom, no legal discipline was regarded as copiousor flexible enough to address combined public and private restraints.In particular, nations were allowed free rein to privilege nationalchampions that harmed competition in and out of their country,imposing costs on outsiders as well as on their own people.A positive reading of the antitrust clause helps to fill thegap.     

Emerging Markets: Preferences,R isks,Performance...

The paper surveys the most important literature on emerging markets and their performance. Emerging market countries are defined here as the countries with low intuitional capacity in general, rather than the countries with particular economic characteristics and per capita income; although the latter is the predominant view in the current literature. The paper places particular importance on the legal system and legal order (compliance) in the transitional economies, stressing the importance of adequate regulation where even more advanced regulatory models, like market regulation, should not be totally excluded. Despite many common characteristics, emerging markets differ significantly one from another and it is very difficult, if really not impossible, to create one ‘general theory of emerging markets’ and its financial behaviour. Finally, the practice in the last decade or so, has proven that emerging markets are somewhat unpredictable and difficult to model.     

Detecting illegal activities: the case of cartels

This paper considers enhancements of a comparatively new method to detect cartels, the System of Cartel Markers (SCM), introduced by Blanckenburg and Geist (Int Adv Econ Res 15(4):421–436, 2009). The aim of SCM is to find illegal collusion on legal markets with observable market data. It uses expected behavior patterns such as low level of capacity utilization, slackness of price adjustments to exogenous shocks, excess rates of return, nearly constant capacities, less price changes and lower variance of capacity growth rate. However, the testing of cost efficiency is lacking so far. Following Leibenstein’s (Am Econ Rev 56:392–415, 1966) X-inefficiency theory, we assume that cartel members face lower competition and hence, tend to be less cost efficient. Therefore, we enhance SCM and use cost efficiency as a further marker in order to detect cartels. We apply SCM to the German cement cartel and find empirical support for some markers. The proposed methodology may be used for antitrust screening and regulatory purposes.     

Towards a global critical justice problematic

This paper argues that a global perspective is demanded by neo-Marxist methodological considerations, pointing out that traditional comparative criminology has been seriously flawed in its assumptions and preconceptions. A critical comparative criminology must be based on a world system and/or dependency model, coupled with human rights concerns. The crucial concerns of critical criminology are re-identified within a problematic of the concepts: “reproduction”, “production”, “the state”, and “transformation”. Their relevance to a comparative criminology is underscored, by way of critiquing north/western (including Canadian) critical criminology. The paper ends by drawing out some of the implications of this approach for justice theory and research in Canada.     

Abolishing Some More Obsolete Crown Prerogatives: Part 2

The Crown had many prerogatives (privileges) which other legal and natural persons did not have, due to the pre-eminent role of the sovereign. Some of these the Crown franchised to its subjects for money. In modern times the continued retention of these prerogatives needs to be considered. Also, whether any of these worth retaining should pass to the control of Parliament. Previous articles have looked at various Crown prerogatives relating to the military, as well as those relating to: tolls for pontage and murage, waifs and estrays, swans, the counties palatine and the cinque ports. This article argues that: (a) the prerogatives to franchise markets and fairs should be abolished; (b) the judicial powers of the verderers of the New Forest and the Forest of Dean should be transferred to the magistrates and county courts; (c) the prerogative to create a ‘county corporate’—or to confer by charter the status of a borough, royal borough, royal county, royal town or city—should be abolished; (d) the prerogative to franchise ferries should be abolished without affecting any prior grants of the same (in case some still exist); and (e) the prerogative to franchise wreck, flotsam, jetsam and ligan should be abolished, as well as any prior grants of the same.     

Hurricane Sandy: Environmental Impact and Agency Efforts

In the aftermath of Hurricane Sandy, federal, state, and local agencies have begun to rebuild the City of New York. This article explores the various environmental impacts caused by Hurricane Sandy and government response. But beyond immediate hazard mitigation, government agencies have begun to consider the incorporation of hard and soft infrastructure to mitigate storm surge generated by future storms. This article suggests that while soft infrastructure would produce the smallest environmental impact, compared to other proposals, its integration into the city's ecosystem must be done prudently, especially in the borough of Staten Island.     

Human trafficking and drug distribution in Sweden from a market perspective—similarities and differences

Based on several studies, the aim of the article is to compare trafficking in women for the purpose of sexual exploitation to trafficking in drugs. Women are recruited and drugs are bought in other countries and transported to Sweden. What are the similarities and differences between the recruitment phase (women) and the purchases (drugs)? Both sexual services and drugs are sold in local markets. This requires marketing, contacts and access to customers. Women need accommodation and often a place to sell the services, drugs must be stored somewhere and prepared for sale. Procurement, trafficking and the purchase of sexual services are illegal and in the case of drugs even consumption and possession for personal use is illegal and prosecuted. Facilitators often play an important role in connecting customers and providers. This article will further describe what kind of organizational structure is needed to arrange these logistics and some different strategies used by organizers and distributors.     

Drugs Prices and Systemic Violence: An Empirical Study

This study proposes an empirical analysis of the relation between the prices of illegal drugs and the use of violence to administrate the markets of illegal drugs. The study hypothesizes that the prices of illegal drugs affect the level of violent crime, since changes in profitability of the drugs’ markets affect the offenders’ expected utility of using violence to operate in these markets. An increase (or decrease) in prices would raise (or reduce) the offenders’ expected utility of making use of violence, for instance, to solve disputes over drugs, to conquer more market shares, to defend ones own market share, in short to make use of systemic violence (Goldstein, P.J. Journal of Drug Issues, 39:143–179, 1985). The study will analyze the relation between the dynamics of cocaine and heroin’s prices and systemic violence in the United States of America and in Europe over two decades. The correlational and inferential analyses do support the hypothesis for certain offenders’ profiles and certain murders’ circumstances.

Study on the contest between free trade and trade protection in the current global economic recession: A perspective of public international law

For a long time there has been a contest between free trade and trade protection as the best strategy of promoting local and global economy. When the globe is again in the midst of economic recession, this contest intensifies. The current recession knocks out a severe blow to free trade as the “game rules” of world economy and aggravates the perplexities of free trade in certain aspects, which then arouses suspicion on the legitimacy of free trade. In order to address domestic economic and social problems, the “stimulus packages” of some countries offer much support to trade protection, further intensifying this contest. Confronted with the global economic disaster, trade protection can be helpful for alleviating the pressure in a given economy and thus mitigating domestic contradictions in a short period, but it may also complicate the legal order of trade and bring hindrance to domestic markets as well as international ones, and consequently, it will jeopardize the rights and interests of ordinary consumers and even stir up the grievance and resentment domestically or internationally. As the current economic recession has been a pressing issue for all the countries, there is a dire need for concerted efforts in the globe to stimulate the vigor of world economy and tide over the disaster.     

Financial Liberalization and Stock Price Behaviour in Asian Emerging Markets

This paper exhibits tests of the random walk hypothesis and market efficiency for seven Asian emerging markets as a result of the influence of financial market integration. Random walk properties of equity prices influence the return dynamic and determine the trade strategies of investors. To examine the stochastic properties of local index returns and to test the hypothesis that stock market prices follow a random walk, the single variance ratio tests of Lo and MacKinlay, as well as the multiple variance ratio test of Chow and Denning are employed. The multiple statistical comparison of variance ratios is based on the Studentized Maximum Modulus distribution with control of the joint-test’s size. The weak-form market efficiency is also tested directly, using a nonparametric runs test. These tests are particularly useful for investigating stock prices the returns of which are frequently not distributed normally. Documented evidence shows that, from the perspective of local investors, weekly stock prices in major Asian emerging markets do not follow a random walk in the pre-liberalization period. However, in the post-liberalization period the weak-form efficiency hypothesis is generally adopted at the 5% level except for the smaller stock markets of Indonesia and Thailand. These empirical findings suggest that financial integration affects the return predictability in such a way that domestic investors might not be able to develop trading strategies allowing them to earn abnormal returns.     

Coasean markets

Coase’s work emphasized the economic importance of very small markets and made a new, more marginalist form of economic “institutionalism” acceptable within mainstream economics. A Coasean market is an association of persons with competing claims on a legal entitlement that can be traded. The boundaries of both Coasean markets and Coasean firms are determined by measuring not only the costs of bargaining but also the absolute costs of moving resources from one place to another. The boundaries of a Coasean market, just as those of the Coasean business firm, are defined by the line where the marginal cost of reaching a value-maximizing bargain by trading inside just equals the marginal cost of going outside. This focus on very small markets is a defining characteristic of modern Transaction Cost Economics. In analyzing such markets Coase ignored the eclectic, historical and behaviorist approach of the old institutionalists and applied the greater formalism and of marginal analysis. In the process, however, Coase assumed away important issues that the first generation of institutionalists were trying to address and created some new ones, such as how equilibrium is attained in Coasean as opposed to neoclassical markets. The most important difference between the two is that a Coasean market requires the unanimous consent of all participants before a trade can be made—a condition imposed by Coase’s own requirement of reciprocity, developed in The Problem of Social Cost (J Law Econ 3:1, 1960). The equilibrium problem is substantial but its significance has not been sufficiently developed. As a result, Coasean analysis of the business firm has made much more progress than has Cosean analysis of markets for legal entitlements. Further, the superiority of private governance over legislation, an important attribute of Coase’s argument, loses much of its force as the number of participants in Coasean markets increases beyond two. Research on the management of commons resources has contributed greatly to our understanding of when private resource allocation decisions by larger groups of owners succeed and when they fail. While not all common resources markets are of the kind contemplated by Coase they share many relevant characteristics. Further, the economic literature on private governance arrangements for the commons has found it necessary to step beyond the strict marginalist methodologies of Coasean economics and look more broadly to the historical, biological and social motivations for human cooperation.     

The Economic Consequences of Accounting Fraud in Product Markets: Theory and a Case from the U.S. Telecommunications Industry (WorldCom)

This article studies the effects of accounting fraud on theproduct market. The model presented in this article relies onthe idea that a firm’s financial statements and actionsmust be consistent with each other. If the firm is behavingfraudulently, insofar as its financial statements portray itas relatively efficient, the firm must act accordingly, thatis, increase its market share and/or reduce its prices. If thefirm does not behave in keeping with its fraudulent financials,the market would be able to identify the fraud. As such, themanager will take actions and make pricing decisions that arenot optimal. These actions can have a significant adverse effecton social welfare. This article utilizes the WorldCom case toillustrate the implications of such fraudulent behavior andits economic significance in product markets.     

An agenda for post-troubles policing in Northern Ireland — The South African precedent

Conclusion These proposals represent part of a much larger agenda for policing reform. Critically, it is now time in Northern Ireland, as it was in South Africa, for all sides to start “thinking the unthinkable” if the peace process is to gain momentum. In that process of creating an agenda, opinions will be sought from many quarters. South Africa, in certain limited ways, provides a model of how irreconcilable views about the nature of policing a divided society, can be given serious considerations, of a more peaceful society is to be created. But there is one other crucial lesson from South Africa. Police reform cannot be imposed from above, or according to the dictates of outside experts. It must be based on serious, continuing consultation between all parties — local communities, political parties, the central state, and the police service itself. The South African example demonstrates that existing hostile interests do not have to learn to love one another in making progress in police reform. There is a common interest which surmounts political opposition — local people need the security which an effective, non-partisan police service can provide. minuscule levels.     

THE FAILURE OF COMPETITIVE ENTRY INTO FIXED-LINE TELECOMMUNICATIONS: WHO IS AT FAULT?

Between 1998 and 2003, dozens of companies entered newly liberalizedtelecommunications markets in OECD countries. In Europe andNorth America, most of the entrants that attempted to use incumbents'"unbundled local loops," at regulated wholesale prices, to offernarrowband services—essentially "plain old telephone service"—havefailed. Even though Europe, the United States and Canada liberalizedat different times and with somewhat different policies, excessiveentry occurred in each region with too many players chasingan illusive pot of revenue with poorly designed business plans.On the other hand, the use of unbundled or shared local loopsfor entry into broadband services may be more of a winning strategybecause it allows the entrant to compete for customers by offeringnew services. This appears to be the emerging broadband strategyin Europe of large ISPs owned by incumbent telecommunicationcompanies in other countries (for example, France Telecom'sWanadoo) and in Japan. However, such entry has not worked inthe United States, where new companies, such as Covad, havefailed to develop profitable operations.     

Market offenses and limits to growth

The purpose of this article is to explore various factors that may regulate or stabilize levels in market offenses. Instead of assuming that illegal markets are ‘out of control’, evidence is advanced to demonstrate, on the contrary, that there are indeed limits to growth in criminal markets. This is presented along three principal and interconnected arguments. First, social norms limit the ability of suppliers to shape demand for illicit goods and services. Using public opinion surveys, it is concluded that the more objectionable the moral status of an illegal market, the smaller the pool of potential consumers and sellers. Second, there are considerable obstacles that confront suppliers of illegal goods and services accumulating capital and upward mobility. The consequences of product illegality inhibit the organizational growth capacities as well as the geographic expansion of illicit firms. Third, while impunity via corruptible alliances do cancel some of the effects of product illegality, this impunity is not a constant that can always be depended upon. To the extent that corruption varies across jurisdictions and over time, illegal entrepreneurs may come to realize that impunity is intrinsically limited in scope and volatile in nature and over which they essentially have very limited control. This revised version was published online in July 2006 with corrections to the Cover Date.     

A brief overview of quantitative criminology in Australasia: 1981–1995

This paper reviews quantitative criminological research, especially of a sophisticated mathematical nature, published by researchers in Australia and New Zealand since 1981. A statistical analysis of quantitative articles published between 1981 and 1995 in the leading academic journal.The Australian and New Zealand Journal of Criminology, showed that using the five topical categories developed by Farrington (this issue), there has been little change in the types of research carried out, with studies of court processes and correctional issues accounting for two-thirds of papers. The numbers of “simple” and ”sophisticated” quantitative articles as proportions of the total published also did not vary over the 15 years. Areas of strength in quantitative research include drugs, alcohol, and crime; indigenous peoples and the criminal justice system; regulatory law enforcement; the modeling of recidivism; and sentencing. Most sophisticated quantitative research is carried out by noncriminologists, and it appears unlikely that the amount of mathematically sophisticated research will increase significantly in the next few years. Experimental studies and longitudinal designs will probably slowly grow in popularity, and crime prevention will emerge as an area of quantitative strength.     

Legal Certainty and the Role of the Financial Markets Law Committee

The first 150 words of the full text of this article appear below. Key points

• The role of the Financial Markets Law Committee (‘FMLC’)is to provide specialist assistance to those who must meet thechallenges of reforming, modernizing and applying financiallaw by identifying issues of legal uncertainty that may facethe wholesale financial markets and by working to resolve them,if possible, before they give rise to any material risk.
• Itis the author's view that the FMLC is uniquely positioned toserve rule of law values such as legal certainty and legal stability.
• Thisarticle suggests that, in the light of the challenges facingthe financial markets today, the rapid emergence of new markets,the accelerating rate of financial products ‘innovation’,the impact of recent international and European initiativesto harmonize financial markets law and the prospect of law reforminitiatives not yet even underway, the FMLC has an importantrole to play for the future.

  Much is said and . . . [Full Text of this Article]