On the rationale of leniency programs: a game-theoretical analysis

In order to enhance the enforcement of Antitrust Law, leniency policies were introduced in nearly all industrialized countries. These programs aim at deterring and eliminating cartels. In this paper we analyze the rationale of the current European and German leniency regulation. We challenge the contemporary view that the standard leniency privilege is incentive-compatible with respect to its aim to enhance competition. Instead, we argue for it to be used as a preemptive strike against competitors under circumstances where cartels become unstable. This implies a tightening of markets in subsequent periods and, thus, a potential reduction in competition intensity. Given strategic reasoning by agents, the principal witness may assure an economically privileged position in the future. This consequence might not be intended by the bonus regulations. Nevertheless if the leniency policies lead to more competition in the market the results should be welcomed by the national cartel offices. We give anecdotal evidence of the German cement case and base our arguments on a game-theoretical model.

Researching the use of force: the background to the international project

This article provides the background to an international project on use of force by the police that was carried out in seven countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical encounter developed for this project, researchers in each country conducted focus groups with police officers in which they were encouraged to talk about the use of force. The results show interesting similarities and differences across countries and demonstrate the value of using this kind of research focus and methodology.

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Singing the same tune? International continuities and discontinuities in how police talk about using force

This article focuses on a research project conducted in six jurisdictions: England, The Netherlands, Germany, Australia, Venezuela, and Brazil. These societies are very different ethnically, socially, politically, economically, historically and have wildly different levels of crime. Their policing arrangements also differ significantly: how they are organised; how their officers are equipped and trained; what routine operating procedures they employ; whether they are armed; and much else besides. Most relevant for this research, they represent policing systems with wildly different levels of police shootings, Police in the two Latin American countries represented here have a justified reputation for the frequency with which they shoot people, whereas at the other extreme the police in England do not routinely carry firearms and rarely shoot anyone. To probe whether these differences are reflected in the way that officers talk about the use of force, police officers in these different jurisdictions were invited to discuss in focus groups a scenario in which police are thwarted in their attempt to arrest two youths (one of whom is a known local criminal) by the youths driving off with the police in pursuit, and concludes with the youths crashing their car and escaping in apparent possession of a gun, It might be expected that focus groups would prove starkly different, and indeed they were, but not in the way that might be expected. There was little difference in affirmation of normative and legal standards regarding the use of force. It was in how officers in different jurisdictions envisaged the circumstances in which the scenario took place that led Latin American officers to anticipate that they would shoot the suspects, whereas officers in the other jurisdictions had little expectation that they would open fire in the conditions as they imagined them to be.

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Why football players may benefit from the ‘shadow of the transfer system’

Transfer restrictions have a long tradition in professional sports but came under heavy attack in recent years (e.g. Bosman ruling, Monti system). Based on a bargaining model with stochastic player productivity, we show that less restrictive transfer rules reallocate ex post bargaining power from players to clubs. This reallocation is efficient and in the ex ante self-interest of players. The right to charge transfer fees enables clubs to insure their players. The players, in turn, benefit by converting risky future income into riskless current income. Overall, player utility is higher under more than under less restrictive transfer rules.

Criminal victimization in contemporary China: a review of the evidence and challenges for future research

The rapid economic growth in China over recent decades has been accompanied by higher levels of crime, but there have been few studies of the Chinese experience of criminal victimization. A recent victimization survey of a representative sample of households in Tianjin represents a major effort to fill this gap in the literature. The present paper reviews the research based on the Tianjin survey along with other studies of crime and criminal victimization in China that have been published since 1990. We summarize the major findings, discuss the theoretical perspectives and methodological strategies that have been applied, identify the limitations of the research to date, and offer suggestions for future research.

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From the economy of deficit to the black-market: car theft and trafficking in Bulgaria

Official and victimisation data show that despite falling rates for motor vehicle thefts, much of the EU ‘organized crime’ related thefts have remained almost stable. Nevertheless, the car-theft market in the EU has changed, and so has the role of traditional destinations for stolen vehicles, such as Eastern Europe. The paper examines the demand, supply, and regulation factors that shape the structures of the vehicle theft market in Bulgaria, and smuggling patterns and offender behaviour in source countries, in particular Spain. We argue that such nuanced historical approach that takes into account a wider range of factors in destination countries can help explain the recent transformations in Europe’s vehicle-theft markets.

Institutionalized corruption: power overconcentration of the First-in-Command in China

Among various kinds of corruption in China, corruption of the First-in-Command (FIC) is most pernicious, threatening the legitimacy of the Chinese Communist Party and the stability of the state. This paper examines several specific institutional arrangements under China’s current political structure, including the people’s congress, the ruling party system, and the collective leadership team system, to see how they have contributed to power overconcentration in the hands of FICs. This is done in a two-round process: first through the collective leadership team and then by the gestating decision-making rule. The paper also assesses four institutional innovations designed to prevent FIC corruption.

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Thinking Critically About Rural Gender Relations: Toward a Rural Masculinity Crisis/Male Peer Support Model of Separation/Divorce Sexual Assault

After decades of neglect, a growing number of scholars have turned their attention to issues of crime and criminal justice in the rural context. Despite this improvement, rural crime research is underdeveloped theoretically, and is little informed by critical criminological perspectives. In this article, we introduce the broad tenets of a multi-level theory that links social and economic change to the reinforcement of rural patriarchy and male peer support, and in turn, how they are linked to separation/divorce sexual assault. We begin by addressing a series of misconceptions about what is rural, rural homogeneity and commonly held presumptions about the relationship of rurality, collective efficacy (and related concepts) and crime. We conclude by recommending more focused research, both qualitative and quantitative, to uncover specific link between the rural transformation and violence against women. This paper was presented at the 2006 annual meeting of the American Society of Criminology, Los Angeles, California. Some of the research reported here was supported by National Institute of Justice Grant 2002-WG-BX-0004 and financial assistance provided by the College of Arts and Sciences and the Office of the Vice President for Research at Ohio University. Arguments and findings included in this article are those of the authors and do not represent the official position of the US Department of Justice or Ohio University. Please send all correspondence to Walter S. DeKeseredy, e-mail: walter.dekeseredy@uoit.ca. All of the names of the women who participated in DeKeseredy and colleagues’ rural Ohio study and who are quoted have been changed to maintain confidentiality.

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The impact of the US legislation on company measures of control and prevention

The spectacular business scandals in recent years have led both the legislative and business companies to rethink and redesign their strategies. This article analyzes the worldwide impact of reforms in economic crime legislation emanating from the USA. Empirical data are reported showing that the US regulations are generating a spillover effect spreading beyond its sphere of operation. It is particularly notable that international stock-exchange-listed companies are orienting themselves increasingly toward the legal standards of the USA. Translated from the German by Jonathan Harrow, Bielefeld.

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Does illegality breed violence? Drug trafficking and state-sponsored protection rackets

Illegality does not necessarily breed violence. The relationship between illicit markets and violence depends on institutions of protection. When state-sponsored protection rackets form, illicit markets can be peaceful. Conversely, the breakdown of state-sponsored protection rackets, which may result from well-meaning policy reforms intended to improve law enforcement, can lead to violence. The cases of drug trafficking in contemporary Mexico and Burma show how a focus on the emergence and breakdown of state-sponsored protection rackets helps explain variation in levels of violence both within and across illicit markets.

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Torn between two targets: German police officers talk about the use of force

Considering earlier research into police use of force as well as the judicial and practical frame of police work in Germany, the article presents the results of an empirical study on the individual and collective legitimization of the use of force by German police officers. There are numerous justifications for the use of force expressed by focus group participants in eight German Federal States who were responding to a hypothesized scenario. In the discussions observed within the groups, reference is first made to the state’s duty to prosecute alleged offences and the measures or formal actions to do this—hence, the legal authority to use force. In the course of the discussions, however, it became obvious that illegal violence may occur, although it was not perceived as such by the officers. Overall, and after an intensive analysis of the focus group discussions, it can be stated that use of force (whether legal or not) depends on the police officer’s perception of the resistance of the person being engaged with. In this regard, different social–cultural or physical–material factors can be identified. They have different influences on the individual legitimization of police actions, intertwined with the perception of the situation as constructed by the officer. Three ways of perceiving the situation can be deduced, resulting in different patterns of justification for the use of force.

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Hommage à Gérard Cornu

Sans résumé

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EU accession and the hardening of soft budget constraints: some macro evidence

The hardening of soft budget constraints (SBCs) is a central element in transforming the economies of Central and Eastern Europe into market economies. This paper presents macro evidence on budget hardening of transition economies comparing the performance of EU accession countries relative to non-accession countries. We estimate SBC hardening for 21 transition economies in a partial adjustment model by measuring the reaction of employment to output changes over a 10-year period. The paper finds that accession candidates have reduced excess labour demand substantially relative to non-accession countries.

Migrant smuggling and the violence question: evolving illicit migration markets for Cuban and Haitian refugees

Comparing Cuban and Haitian migrant smuggling schemes, this article explores the relationship between violence and the social organization of migrant smuggling, including the smuggling of refugees. Levels of violence, political repression, and ethnic persecution in sending states provide an important context for understanding the origins and organization of this illicit market. Examining the violent threats and acts directed at migrants en route, we argue that violence is not a necessary part of the illicit market for unauthorized migration, attenuated by the social networks, cultural norms, and contractual relationships in which it is embedded.

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The inflow of highly skilled workers into Hungary: a by-product of FDI

The paper examines the flow of highly skilled workers employed by foreign companies in Hungary. It explores the relationship between foreign direct investment (FDI) and tacit knowledge flows through the mobility of highly qualified workers in this age of globalisation. The paper shows that mobility is a very important factor in the transfer of knowledge linked to the movement of capital—to FDI. The paper analyses the potential transfer of knowledge and skills from advanced market economies to Hungarian companies as accompanying FDI. The analysis is based on a pioneering survey on business-led mobility.

Methodological aspects of the Dutch National Threat Assessment

This paper discusses issues related to measuring organized crime as they have become manifest in the Dutch contribution to the EU Organised Crime Threat Assessment (OCTA). It intends to convey to a wider academic community certain issues of definition, methodology and accountability, understanding the NTA process in terms of the communication of risks in a context of competitive defining institutions.

The quality of the legal system and labor market performance around the world

Using data on 75 countries for six years in the period 1995–2003, this paper analyzes empirically whether and to what extent the quality of the legal system affects the performance of the labor market. According to the regression results, a legal system characterized by a dependent judiciary, biased courts, a lack of intellectual property protection and a lack of integrity increases unemployment and lowers the employment level. The magnitude of the effect seems to be substantial, particularly among young people.

Terrorism and relative justice

Terrorist violence and violent justice responses have much in common. While contextually dependant, both forms of violence lay claim to contestred legitimacies. The relationships between terrorism and justice responses require both theoretical and empirical examination if the prospects for controlling the violence they perpetrate is to be sharpened.

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Rethinking governmental licensing of higher education institutions

In many countries around the world, governmental authorities control the market entry of new providers of higher educational services. By means of ex-ante licensing in the higher education sector, government ensures that students are only confronted with academic programs and institutions that at least meet certain minimum quality standards. This quality-assuring intervention by government may be taken for granted. From an economic viewpoint, however, it seems worthwhile to scrutinize the regulatory status quo. In order to rethink existing licensing arrangements’ raison d’être, the present paper addresses the question whether governmental market entry control in the higher education industry is necessary at all.

Writing the Rwandan Genocide: The Justice and Politics of Witnessing after the Event

This paper tries to read together three texts that refer to the Rwandan genocide and to draw attention to certain paradoxes that emerge from the way in which the texts might be said to talk to and past each other. The overall intention is to throw light on the complications in witnessing such an event, and to themes of justice and politics that arise.