Murder in Black and White

Abstract

In this paper we will tell the story of “The Poisoning of the Late Levi Smelser.” Through detailed examination of both the media reports and official documents, the ensuing narrative portrays how race and gender influence the criminal justice processes of late antebellum New Orleans. As the story unfolds, two types of accounts emerge. We come to know the major participants in this case, Kitty, the slave, Levi Smelser, the victim, Theresa Smelser, the widow, and Adam Scott, the young foreman of Smelser's tin and copper shop, in their ordinary and comfortable lives before the murder. Secondly, we see these same characters play shifting roles of guilt and innocence in the planning and implementation of the murder as the newspapers reveal, magnify and glorify new “particulars,” day-by-day. This story is actually composed of a number of plots and constitutes a “scenario” of crime creation by sources of the mass media and related groups. As a scenario, the story represents “an interactional moment or site of meaning creation.”     

Markets and Corporate Conflict: A Substitution-Cost Approach to Business Litigation

This paper examines the phenomenon of conflict escalaton in business relations. A theory of when conflict between firms will proceed from informal relationship-preserving norms to more formal and destructive end games involving litigation is developed and tested. The central theoretical claim is that substitution costs serve as an impediment against the escalation of conflict. Data on market concentration and dollar flows between aggregate markets in the economy are used to develop measures of substitution costs. Measures of substitution costs and trade figures are also used to describe power advantages in markets. The theory is tested through a series of regression models. The main findings are that (1) when substitution costs are high, parties are less likely to escalate conflict and (2) asymmetric market relations result in less conflict escalation than symmetric ones. Empirical analysis indicates that substitution costs are related in predictable and meaningful ways to conflict escalation and business litigation.     

财务预警的行业差异模型研究

现有的财务预警系统大多没有考虑行业差异因素对预警指标的干扰,从而使财务预警的准确性和科学性受到了不同程度的削弱.应当在传统的预警模型基础上加入行业差异变量,对现有财务预警模型进行必要的修正,可使模型的预测能力更为精准和科学,由此帮助现代企业提高应对风险的能力.     

A Proposed Determinate Sentencing Model In Virginia: An Empirical Evaluation

After a brief presentation of issues that preceded the current disillusionment with the indeterminate sentencing practices in juvenile justice, the authors describe a determinate sentencing model being proposed in Virginia. Then, data are discussed comparing length of sentence under the proposed model to incarceration periods under the present indeterminate structure according to offense history, age, gender, and race. Finally, some immediate implications of the proposed model of sentencing are discussed.     

Corporate Social Responsibility: A Step Towards Stronger Involvement of Business in MEA Implementation?

This article explores the relationship between multilateral environmental agreements (MEAs) and corporate social responsibility (CSR). It offers an overview of the linkages, a survey of relevant provisions of key MEAs, and a review of the relationship between global trade rules and MEAs. Finally, the article highlights three ongoing discussions with relevance to linkages between CSR and MEAs: (1) whether, and if so how, to identify minimum global business standards in the environmental sphere; (2) the rapidly evolving 'sub-theme' within the CSR agenda which addresses the business/development interface, and the contribution of business to poverty reduction, sustainable livelihoods and achieving the Millennium Development Goals; and (3) the development by the International Organization for Standardization of an international guidance standard on 'organizational social responsibility', which, if adopted, will become ISO 26000. The risk of seeing CSR as a new pathway to MEA implementation is that the role of MEAs in informing the development of minimum acceptable environmental norms of business behaviour will be 'watered down'. If MEAs are to learn from CSR, their competitors and often stronger counterparts in the international architecture – intergovernmental trade and investment arrangements – also need to be equipped not only to be sensitive to CSR, but actively to support it. ¹     

英国行业性组织在公司治理中的作用

英国公司治理研究致力于解决因所有权和控制权分离而产生的经典代理问题,理论界和实务界分别提出了两种机制:董事会内部监督机制和"要素市场"外部治理机制来约束监督管理层,降低代理成本。在机构化持股时代,机构投资者越来越积极参与所投资组合公司的治理事务,代表机构投资者的行业性组织在一般性参与方面起着举足轻重的作用,机构监督已成为英国公司治理的新机制。     

The Public Participation Act: A Comprehensive Model Approach to End Strategic Lawsuits Against Public Participation in the USA

Commentators have documented the disturbing use of the courtroom to silence those who speak out on important issues. Too often, parties resort to meritless lawsuits in response to another's free expression or communication with the government. These lawsuits are called SLAPPs, or Strategic Lawsuits Against Public Participation. In the USA, they have emerged as a significant threat to the rights of expression and petition guaranteed in the First Amendment to the US Constitution. A majority of the US States have passed 'anti-SLAPP laws', but there is no uniform protection. The model legislation outlined in this paper is intended to guide those who seek uniform, comprehensive protection against SLAPPs.     

公司治理中职工参与制度探析

公司治理中的职工参与是我国建立现代企业制度的一个重要课题。在传统的公司治理理论中，股东是公司唯一的统治，公司的目标定位是股东利益的最大化。而职工参与作为现代公司治理结构的特点之一，在我国有着更为重要的现实意义。管理参与作为职工参与的方式之一，是社会主义市场经济的应有之义，我们不能听任其随着国有经济成分的下降而弱化；股权参与作为职工参与的所有权根据，是保障职工地位的更有效的制度保证，更有推行的迫切需要。     

Messy Business: Media Representations of Administrative Sanctions for Corporate Offenders

Enforcement against corporate offenses is increasingly carried out by specialized regulatory agencies. These often use publicity as a regulatory tool, in the expectation that disclosure of sanctions will invoke the threat of reputational damage and broadcasts a moral message about desired behavior. This article investigates how media represent administrative offenses in the Dutch financial market, in terms of punitiveness for offenders and in terms of the message about the wrongfulness and harm of offenses. Media coverage of administrative fines is messy in several senses. First, adverse publicity is unpredictable and disproportionally affects small firms in comparison with large, professional firms. In addition, it is also messy in terms of its contribution to the prevention of corporate misbehavior. Media do not unequivocally disapprove of financial market offenses. Rather than clarifying the demarcation line between right and wrong, media describe financial market behavior as a grey zone where differences of opinion can exist over whether certain behavior constitutes an offense. More than a publicity sanction or moral message, media was found to frame offenses by retail banks and capital market firms in terms of the power struggle between firms and the regulatory authority.     

论中国的银行主导公司治理模式

对转轨国家的主流研究文献认为,银行主导的公司治理模式对转轨国家是一种合适的选择.但从实施银行主导公司治理的国家的历史和现实演化,以及就中国的实际而言,这并不是一个可行的道路.     

Black Mist and White Collars: Economic Crime in the United States and Japan

Comparative studies of crime have persistently challenged and daunted criminology scholars. For criminologists studying Japan, interest has traditionally been focused on the country’s much-heralded low crime rate. The current study examines white-collar lawbreaking in both the United States and Japan, focusing on similarities and differences in culture, law, criminal justice system response, corporate governance, and regulation. The study concludes that if Japan’s low crime rate is an enigma to criminologists, then its ample amounts of white-collar and corporate crime appear that much more puzzling. Given that the depth of the problem of white-collar crime goes far beyond adjudicated cases, Japan’s remarkably low rate of common crime is likely eclipsed by its rate of white-collar and corporate crime. The study concludes that the different legal and cultural contexts of the “law in inaction” go far in explaining the official nonrecognition of white-collar and corporate crime in both the United States and Japan.

Third molar development in a London population of White British and Black British or other Black ethnicity

Population differences in dental development between Black and White ethnic groups have been debated but not previously studied in the UK. Using inappropriate data for dental age estimation (DAE) could lead to erroneous results and injustice. Data were collected from dental panoramic radiographs of 5590 subjects aged 6–24 years in a teaching hospital archive. Demirjian stages were determined for left-sided teeth and third molars and data collected regarding hypodontia and third molar agenesis. Third molar development in self-assigned Black British, including other self-assigned Black ethnicity, was compared with that of self-assigned White British subjects. Data were compared for males and females in the two ethnic groups using T-tests for Demirjian Stages A–G of third molar development and Mann-Whitney tests for Stage H once a cut-off age at the maximum age for Stage G had been imposed. Third molar development occurred earlier in subjects of Black ancestry compared to those of White ancestry. While both ethnic groups showed large age ranges for every third molar stage, in female subjects these generally occurred at least 1.5 years earlier, and in males at least one year earlier. Hypodontia and third molar agenesis were more prevalent in White British, but the ethnic difference in third molar development persisted in subjects with complete dentitions. This is a large study that confirms ethnic differences in a London population, emphasises the difficulties of establishing the 18-year-old threshold using DAE, and confirms the risk of overestimating the age of individuals of Black ethnicity using White ethnic reference data.     

Business, State, and Community: 'Responsible Risk Takers', New Labour, and the Governance of Corporate Business

In December 1998, Peter Mandelson MP, one of the principal architects of the Labour Party's victory in the May 1997 general election, dramatically resigned as Secretary of State for Trade and Industry. Nevertheless, despite his relatively brief period in that office, Mr. Mandelson left his imprint on policy through the publication in November 1998 of a major White Paper, 'Our Competitive Future: Building the Knowledge Driven Economy'. The White Paper sets out the New Labour analysis of the national political economy in a globalized world economy and is very much influenced by Mr. Mandelson's experience of the entrepreneurial spirit during his fact-finding visit to the United States of America. This article seeks to chart the relationship between New Labour's desire to foster the development of the corporate sector within a vibrant entrepreneurial culture and the need to ensure that the integrity of the market is preserved in an arena which is seen as inimicable to strong regulatory intervention by the state. As well as mapping New Labour's political rhetoric onto contemporary debates in corporate governance, the analysis will involve an examination of the interface between business practice and morality. In particular, the article will focus upon the role of the conception of company directors as 'responsible risk takers' and the upon the use of name-and-shame sanctions in the development of an entrepreneurial culture in which all corporate enterprises are seen as having a legitimate societal 'licence to operate'.