How to deal with resale price maintenance: What can we learn from empirical results?

The US Supreme Court’s overruling of the pre-existing per se illegality of resale price maintenance and the recommendation of a rule of reason approach in the Leegin decision (Leegin Creative Leather Products, Inc. vs. PSKS, Inc., 2007), raise the question whether other jurisdictions should follow this approach and what future assessments of resale price maintenance cases should look like. Policy decisions have to rely on the importance of various theories concerning welfare effects of resale price maintenance practices, which must be supported by empirical studies. The paper focuses on empirically confirmed theoretical arguments for the analysis and discussion of existing assessment proposals. Furthermore, the paper derives a new recommended assessment procedure for resale price maintenance from a special point of view by combining empirical results with the decision-theoretic approach of optimal sequential investigation rules.     

What can we do to reduce disciplinary school exclusion? A systematic review and meta-analysis

Journal of Experimental Criminology - To systematically review and quantitatively synthesise the evidence for the impact of different types of school-based interventions on the reduction of school...     

“A part to play”: the value of role-play simulation in undergraduate legal education

This article explores the argument for increased student participation in experiential learning approaches within the UK undergraduate law curriculum. It is supported by the findings of a very small-scale research study undertaken by the writer into law students’ perceptions of the efficacy of role-play simulation as a means of studying mediation, in an optional credit-based module within the final year of a UK undergraduate qualifying law degree. In order to provide situational context, the first part of this article will briefly address the experiential learning possibilities for undergraduate law students, a discussion of the study involving qualitative research methodology, which was used to demonstrate that role-play simulation as a method of experiential learning has a place within the UK undergraduate law curriculum. The final part of this article will consider the findings of the study which demonstrated that, inter alia, role-play simulation can be motivational, helps to build student confidence, enables deeper learning, assists graduate skills acquisition and arguably enhances employability. Based on the findings of this study and other empirical evidence, the article suggests that greater emphasis could be placed on experiential approaches such as role-play simulation for credit-based law courses, including those “core” foundational courses which form part of the undergraduate qualifying law degree in the UK, but achievement of this aspiration is not without its challenges.     

What constitutes a “reasonable belief” in consent to sex? A thematic analysis

Abstract

The prosecution of rape frequently requires a jury to decide whether the defendant reasonably believed that the complainant consented to sexual intercourse, thereby assuming a shared understanding of what constitutes a “reasonable belief in consent”. This study provides a thematic analysis of interviews with 18 university students, studying in London, UK, to explore their perceptions of “a reasonable belief in consent” when considering other people's behaviour. The findings suggest that whilst these participants rejected many stereotypical ideas in judging reasonable belief in consent, the discussion regarding vulnerability, responsibility and the consumption of alcohol was less clear-cut. Discussions frequently sought to avoid directly blaming the victim for being raped, but would instead blame her for getting drunk or otherwise “allowing” herself to become vulnerable. The implications of these findings for the prosecution of rape and wider public education are considered.     

“Memorialization Laws in the United Kingdom: A Response to Fear or an Increased Occurrence?”

Issues of sexual abuse, predation and rape have received an increased degree of attention over the last decade and as a result have overshadowed similarly offensive crimes. Various highly publicized cases of sexual violence against women and children have gripped both the United States and the United Kingdom and have resulted in the implementation of sexual violence laws. Media coverage of an ‘epidemic’ of sexual violence has led some to question whether the frenzy surrounding these publicized cases has created a “fear factor” among parents and caregivers, begging the question as to whether the incidence of sexual violence has increased or whether the heightened sensitivity is a result of increased media reporting. This article examines approximately 12 years of aggregate sexual abuse prevalence data (crimes reported to the police) in England, Wales, Scotland and Northern Ireland, and compared prevalence change points and sexual offense law implementation. The article then examines the possible theory of whether Sarah’s Law could potentially to be a result of increased fear or a moral panic. Findings indicate sex crime rates were declining prior to the law’s implementation, lending cautious support to the proposition that the genesis of Sarah’s Law may have been due to fear, rather than actual increases in sexual crimes.     

Is it Important to Examine Crime Trends at a Local “Micro” Level?: A Longitudinal Analysis of Street to Street Variability in Crime Trajectories

Over the last 40 years, the question of how crime varies across places has gotten greater attention. At the same time, as data and computing power have increased, the definition of a ‘place’ has shifted farther down the geographic cone of resolution. This has led many researchers to consider places as small as single addresses, group of addresses, face blocks or street blocks. Both cross-sectional and longitudinal studies of the spatial distribution of crime have consistently found crime is strongly concentrated at a small group of ‘micro’ places. Recent longitudinal studies have also revealed crime concentration across micro places is relatively stable over time. A major question that has not been answered in prior research is the degree of block to block variability at this local ‘micro’ level for all crime. To answer this question, we examine both temporal and spatial variation in crime across street blocks in the city of Seattle Washington. This is accomplished by applying trajectory analysis to establish groups of places that follow similar crime trajectories over 16 years. Then, using quantitative spatial statistics, we establish whether streets having the same temporal trajectory are collocated spatially or whether there is street to street variation in the temporal patterns of crime. In a surprising number of cases we find that individual street segments have trajectories which are unrelated to their immediately adjacent streets. This finding of heterogeneity suggests it may be particularly important to examine crime trends at very local geographic levels. At a policy level, our research reinforces the importance of initiatives like ‘hot spots policing’ which address specific streets within relatively small areas.     

Is “Contribution to the Host States Development” An Essential Criterion to Define Investment Under International Investment Law?: A Search Through the Lens of Arbitral Awards

Liverpool Law Review - International Investment Arbitration proceedings often deliver its Award in two parts: (i) Jurisdiction and (ii) Merit. One of the most debated and controversial elements in...     

Unicorns or Tiger Woods: Are Lie Detection Experts Myths or Rarities? A Response to On Lie Detection “Wizards” by Bond and Uysal

Bond and Uysal (this issue) complain that expert lie detectors identified by O'Sullivan and Ekman (2004) are statistical flukes. They ignore one class of experts we have identified and misrepresent the procedures we use to identify the others. They also question the psychometric validity of the measures and protocol used. Many of their points are addressed in the chapter they criticize. The fruitfulness of the O'Sullivan-Ekman protocol is illustrated with respect to improved identification of expert lie detectors, as well as a replicated pattern of errors made by experts from different professional groups. The statistical arguments offered confuse the theoretical use of the binomial with the empirical use of the normal distribution. Data are provided that may clarify this distinction.     

The Great Rabbit Massacre – A “Comedy of the Commons”? Custom, Community and Rights of Public Access to the Links of St Andrews

In the US courts and legal scholars have rediscovered the English doctrine of custom. In her essay ``The Comedy of the Commons: Custom, Commerce, and Inherently Public Property', Professor Carol Rose argues that customary uses of recreation lands should be upheld by courts because the highest value of such land is achieved by keeping them open to the public. Rose relies in her argument on the English doctrine of custom, but the doctrine of custom legitimates local not public use. British legal history, however, provides an example of such a ``public' common in the Links of St Andrews. In the case Dempster v. Cleghorn, the golfing public sought to vindicate their customary right to the maintenance of golfing ground as it had been ``in all times past'. This article examines the case of Dempster, and the consequent riot, and asks whether it was a ``comedy of the commons'. It concludes that despite ten years of litigation and the extirpation of the Dempsters' warrened rabbits, the case nevertheless is a ``comedy of the commons' that provides a model of the meditation of public use by local custom and community. This revised version was published online in August 2006 with corrections to the Cover Date.     

Letter to the Editor: Commentary on “Is it possible to predict the origin of epithelial cells? – A comparison of secondary transfer of skin epithelial cells versus vaginal mucous membrane cells by direct contact,M.M. Bouzga et al., Science & Justice,https://doi.org/10.1016/j.scijus.2020.02.003”

This letter to the Editor comments on the paper “Is it possible to predict the origin of epithelial cells? – A comparison of secondary transfer of skin epithelial cells versus vaginal mucous membrane cells by direct contact” by M.M. Bouzga et al. (Science & Justice,https://doi.org/10.1016/j.scijus.20al.20.02.003).