Police chiefs’ and students’ attitudes about the Miranda warnings

Several studies had concluded that the police subculture holds values and attitudes that are distinct from the rest of the population. Among these values is a focus on law and order. While researchers agree that police tend to hold different values, they disagree on the source of the attitudes. Some had argued that the attitudes reflected differences regarding who was recruited for law enforcement careers while others said that the differences reflected changes that occurred to individuals after becoming officers. This study examined whether police officers and students enrolled in criminal justice/sociology classes held similar or different attitudes towards the Miranda warnings. The findings suggested that in some ways, the two groups perceived the warnings in dramatically different ways, while in other ways their differences were simply a matter of degree. Implications are provided.     

The Effect of Negotiation Practices on the Relationship between Suppliers and Customers

This article examines the effects of negotiation practices, such as coercion and contract formality, on how suppliers and customers perceived the resulting business relationship. We conducted a purchasing negotiation simulation with students in a classroom setting in which participants competed for resources in a mock supply-chain context. The participants were surveyed at key stages of the ongoing negotiation in order to measure their behaviors as a customer–supplier relationship developed. The data were used to test several hypotheses developed from the marketing and purchasing literature. The hypotheses were analyzed using structural equation modeling.
Results demonstrated that the use of coercive techniques by negotiators during negotiation had a negative effect on satisfaction. In addition, the findings showed that, as expected, negotiators entering a negotiation with a cooperative orientation would tend to avoid the use of coercive practices during negotiation. The cooperative orientation also exhibited an unexpected positive effect on the formalization of the design of the contract between the parties. This study contributes to the current knowledge base focusing on the creation of agreements between companies and will, we hope, encourage the integration of suppliers and customers in an operating context within a supply-chain setting.     

Demand Pull Technology Transfer Applied to the Field of Assistive Technology

Technology transfer has generally had little impact on the assistive technology industries serving small, highly fragmented “disability markets.” Persons with disabilities often require specialized, relatively sophisticated technology. Third-party payer reimbursement rates and the low levels of disposable income among disability populations often cap product pricing. Transferring technology to these industry segments therefore poses special challenges. In October 1998, the Rehabilitation Engineering Research Center on Technology Transfer initiated the “Demand-Pull Project on Wheeled Mobility.” Successful transfers resulting from this project demonstrate that a systematic technology transfer process can be successfully applied to industries serving specialized and underserved niche markets.     

REACH: A Step Change in the Management of Chemicals

The EU has regulated chemicals since the late 1960s using both general and sectoral legislation, and exposure-based, hazard-based and risk-based decisions. A new proposal from the European Commission – on the Registration, Evaluation and Authorization of Chemicals (REACH) – will build on the experiences of the existing legislation and introduce some new concepts in the management of chemicals. This article is aimed at assessing the current chemical control mechanisms in the EU and those put forward in REACH to demonstrate how REACH is a new paradigm in chemicals management. REACH will carry forward today's experience and approach to the management of chemicals in the EU and introduces some novel aspects, such as utilizing market-based mechanisms and putting into operation the 'substitution principle'.     

Rechtmäßige Auflagen an einen Pferdehaltungsbetrieb, überdachte Futterplätze einzurichten und ein Tierbestandsbuch zu führen

Keine Zusammenfassung     

Unzulässigkeit einer Befreiung zur Sanierung eines Almweges für einen illegalen Almrestaurantbetrieb. Im Rahmen der FFH-Verträglichkeitsprüfung kann der aus der Beseitigung illegaler Verhältnisse resultierende Nutzen für Natur und Landschaft einem Projekt nicht zugerechnet werden, wenn dieser Vorteil auch ohne das Projekt realisierbar ist

Keine Zusammenfassung     

RICO: The genesis of an idea

In 1970, the Congress enacted the Organized Crime Control Act. Title IX of the 1970 Act is the Racketeer Influence and Corrupt Organization Act or RICO. This Act had its origins in legislation going back as far as 1934, but coming forward to 1961. The 1970 Act borrowed ideas from this earlier legislation, principally “enterprise,” but also the use predicate statutes to define “racketeering activity.” The ideas are not new, but their combination affects how prosecutors and law enforcement agents investigate, try, and sanction violations of the Act. RICO’s drafting also reflects organizational theory and economic analysis. The investigation and prosecution of a single crime committed by an individual on a single day and in a single place maybe done using one set of procedural and evidentiary rules. Nevertheless, the investigation and prosecution of patterns of diverse offenses committed by, through, and against licit and illicit enterprises require sophisticated procedures, evidentiary rules, and criminal sanctions. In addition, antisocial conduct is more than a challenge to the administration of criminal justice; it also requires the full panoply of civil sanctions, including public injunctions as well private enforcement of injunctive relief and treble damages. RICO has had a profound effect on the prosecution of organized crime, white-collar crime, and other forms of similar criminal behavior. William J. & Dorothy K. O’Neill Professor of Law, Notre Dame Law School; A.B. 1957, University of Notre Dame; J.D. 1960, Notre Dame Law School. Professor Blakey was the Chief Counsel of the Subcommittee on Criminal Laws and Procedures of the United States Senate Committee on the Judiciary in 1969-70 when the Organized Crime Control Act of 1970, Pub. L. No. 91-542, 84 Stat. 922 (1970) was processed, Title IX of which is the Racketeer Influence and Corrupt Organization Act or RICO. For a general treatment of the statute from a variety of perceptive, see the collection of law review literature in G. Robert Blakey & Kevin Roddy, “Reflections on Reves v. Ernst & Young: Its Meaning an Impact on Substantive, Accessory, Aiding, Abetting and Conspiracy Liability under RICO,” 33 Amer. Crim. L. Rev. 1345, 1348 n. 3(1996).