The Inefficiency of Quasi–Per Se Rules: Regulating Information Exchange in EU and U.S. Antitrust Law

It is well understood that the exchange of information between horizontal competitors can violate competition law provisions in both the European Union (EU) and the United States, namely, article 101 of the Treaty on the Functioning of the European Union and section 1 of the Sherman Act. However, despite ostensible similarities between EU and U.S. antitrust law concerning interfirm information exchange, substantial differences remain. In this article, we make a normative argument for the U.S. antitrust regime's approach, on the basis that the United States’ approach to information exchange is likely to be more efficient than the relevant approach under the EU competition regime. Using economic theories of harm concerning information exchange to understand the imposition of liability in relation to “stand-alone” instances of information exchange, we argue that such liability must be grounded on the conception of a prophylactic rule. We characterize this rule as a form of ex ante regulation and explain why it has no ex post counterpart in antitrust law. In contrast to the U.S. antitrust regime, we argue that the implementation of such a rule pursuant to EU competition law leads to higher error costs without a significant reduction in regulatory costs. As a majority of jurisdictions have competition law regimes that resemble EU competition law more closely than U.S. antitrust law, our thesis has important implications for competition regimes around the world.     

Exploring Millennial Generation in Task Values and Sector Choice: A Case of Employment in Planning

This study investigates task values and motivations of “millennial” generation of planners and identifies important factors affecting their public sector choices. Multinomial logistic regression comparing the task values and specializations in private and nonprofit sectors with public sector was performed. Millennial generations in public sector value communication and implementation tasks where at young workers in private and nonprofit sector place importance on tasks related to administration and plan and policy development. The finding indicates private companies give favorable opportunities to the young workers to take leadership role in projects and appreciate their management skills to operate the programs and plans.     

Cooperation Coupled with Conflicts: Korea–Japan Relations in the Post-Cold War Era

This article addresses a profoundly curious question of why Korea and Japan conflict with each other despite deepening ties and growing transactions. In contrast to the existing explanations, this article makes three analytical innovations. First, for inducing cooperation between Korea and Japan, what matters is convergence/divergence of external threat perception, not the magnitude of threat. Second, history is not a constant but a variable. Historical contentions can be escalated or deescalated depending on political situations. Third, the role of the US in managing Korea–Japan relations is important but not determinant. The style of US engagement in East Asia serves as an intervening variable for conflict management. This article suggests that frictions are highest when historical contentions are escalated and external threat perception diverges. On the other hand, cooperation potential is highest when historical contentions are deescalated and threat perception converges.     

Genetic analysis of 18 X-linked short tandem repeat markers in Korean population

The population genetic data of 18 X-chromosomal short tandem repeat (STR) markers DXS6807, DXS8378, DXS9895, DXS9902, DXS6810, DXS7132, DXS981, DXS6800, DXS9898, DXS6789, DXS101, DXS6797, GATA172D05, GATA165B12, HPRTB, GATA31E08, DXS8377, and DXS7423 were analyzed in samples of unrelated 220 males and 181 females from Korean population. The exact test for genotype distribution of the markers showed no significant deviation from the Hardy-Weinberg equilibrium. Allele frequencies between male and female samples were not significantly different in all examined markers. All examined males and females showed different hemizygotic haplotype and combined genotypes, respectively. Four cases of mutation were found in GATA172D05, GATA31E08, DXS7132, and HPRTB from the analysis of 95 father-child-mother trios. Details of X chromosomal STRs in Koreans would be useful in paternity tests and forensic purposes as well as whole X-chromosomal mapping studies.     

Determination and validation of tetrodotoxin in human whole blood using hydrophilic interaction liquid chromatography-tandem mass spectroscopy and its application

A sensitive analytical method was developed for the quantitative determination of tetrodotoxin (TTX), a powerful sodium channel blocker, in human postmortem whole blood. The sample mixture was cleaned up using cation exchange SPE catridge after protein precipitation by methanol and then separated on a PC-HILIC (phosphorylcholine hydrophilic interaction liquid chromatography) column (150 mm × 2.0mm i.d., 5 μm) using a isocratic elution of 1% acetic acid and acetonitrile. The identification of TTX was performed on tandem mass spectrometry with electrospray ionization interface in positive ion mode. The retention time of voglibose (internal standard) and TTX was 5.1 and 6.0 min, respectively. TTX and internal standard (voglibose) were monitored and quantitated using the ion transitions: the respective precursor to product ion combinations, m/z 320/302 for TTX and m/z 268/92 for voglibose in the multiple reaction monitoring (MRM) mode. The recovery of TTX and voglibose was 61.4% and 62.8%, respectively and the good accuracy (97.7-103.9%), linearity (2-1200 ng/mL) and reproducibility were shown in this method. The limit of detection and limit of quantification were 0.32 ng/mL and 1.08 ng/mL, respectively. This method was applied in the case of three fishermen who were poisoned (including one death) by unknown fish on their boat in October 2010. In this case, the levels of TTX were 27.2, 30.0 and 29.7 ng/mL in heart blood, peripheral blood and serum of a victim, were 3.1 and 12.1 ng/mL in peripheral blood and 3.9 and 12.8 ng/mL in serum of two survivors, respectively.     

Simplified Direct PCR Method for Reference Buccal Samples Using a Non-FTA Card by Omitting the Pretreatment Step

When using non-FTA cards in commercial multiplex STR kits for direct PCR, pretreatment steps with specific buffers are recommended. Here, we designed a rapid direct PCR method utilizing a non-FTA card, Oral Cell Sampling Kit, by omitting the pretreatment step involving Prep-n-Go™ Buffer, and it showed compatibility with the GlobalFiler™ Express PCR Amplification Kit, GlobalFiler™ PCR Amplification Kit, and PowerPlex^® Fusion system. To optimize the PCR conditions, we tested the method with different final PCR volumes and cycles. Finally, we conducted a performance test using 50 Korean buccal samples and confirmed the high performance of the method, detecting more than 90% of the samples with full profiles when using GlobalFiler™ PCR Amplification Kit and PowerPlex^® Fusion system at 29 cycles in a 10 μL final PCR volume. Thus, we report a simple direct PCR set-up to analyze reference samples collected using a non-FTA card manufactured in Korea.     

Structural Change in U.S. Presidents' Use of Force

Has there been a structural change in the way U.S. presidents use force abroad since the nineteenth century? In this article, I investigate historical changes in the use of force by U.S. presidents using Bayesian changepoint analysis. In doing so, I present an integrated Bayesian approach for analyzing changepoint problems in a Poisson regression model. To find the nature of the breaks, I estimate parameters of the Poisson regression changepoint model using Chib's (1998) hidden Markov model algorithm and Frühwirth‐Schnatter and Wagner's (2006) data augmentation method. Then, I utilize transdimensional Markov chain Monte Carlo methods to detect the number of breaks. Analyzing yearly use of force data from 1890 to 1995, I find that, controlling for the effects of the Great Depression and the two world wars, the relationship between domestic conditions and the frequency of the use of force abroad fundamentally shifted in the 1940s.     

Information Conduits or Content Developers? Determining Whether News Portals Should Enjoy Blanket Immunity from Defamation Suits

News portals should be held to the same standard of liability for defamation as other news media. Internet service providers (ISPs) enjoy blanket immunity from liability for defamation under Section 230 of the Communications Decency Act, while information content providers (ICPs) might not. Some courts have indicated, however, that a defendant who participates in developing third-party content should be classified as an ICP and thus be held liable. Confusion over the difference between an ISP and an ICP is applied to the case of news portals. This study investigates to what extent news portals should enjoy immunity from liability for defamation. To determine a news portal's exposure to liability, a continuum of involvement is proposed as a standard in which liability is based on a defendant's actions and not on the medium employed. A defendant's involvement with third-party content can be classified under the four levels of the continuum, which can guide courts in deciding whether a defendant is liable. Congress should amend Section 230 to incorporate the continuum and allow courts discretion in determining whether a defendant is immune from liability.     

Normative Balance and Electoral Reform: A Finnish Puzzle and a Comparative Analysis

The Finnish electoral system has recently been changed to slightly increase proportionality, but nothing has been done to make cabinet alternatives more ‘identifiable’ before the election. This outcome poses a major puzzle for one important theoretical approach to electoral system change. This approach sees normatively ‘unbalanced’ systems as vulnerable to reform and would have expected a significant increase in the pre-electoral identifiability of competing cabinet options. The article explains the Finnish case by embedding it in a comparative model of normative tradeoffs in democratic design. Based on Finnish case evidence and a statistical analysis of 100 elections in 32 democracies (from 2001 to 2011), the article argues that the type of democracy exemplified by Finland is not normatively unbalanced. In particular, the lack of pre-electoral identifiability is compensated for by an unconstrained multidimensionality of partisan preferences. While it may be true that normatively balanced designs are more stable, there is more than one way to be balanced.