Sampson v. state of Alaska: in the Supreme Court of the state of Alaska

HELD: The Alaska Constitution's guarantees of privacy and liberty do not afford terminally ill persons the right to a physician's assistance in committing suicide and Alaska's statute prohibiting suicide assistance does not violate their right of equal protection.     

Corruption and the crisis of the post-communist state

Corruption, or at least its reporting, appears to be increasing everywhere. But there is still too little comparative analysis of its nature and role in post-communist systems. This is understandable, given their newness. But it is now possible and desirable to compare corruption in such systems with corruption elsewhere. This article makes some initial comparative observations, and argues that the significance of post-communist corruption reaches far beyond the post-communist countries themselves. These states are compared briefly with other kinds of transitional states, and found to be different in a number of important ways. Finally, the author asks whether or not the apparent growth of corruption is leading to a seventh version of the crisis of the state. This revised version was published online in July 2006 with corrections to the Cover Date.     

Learning to love the state action doctrine

The state action doctrine receives relatively little attention in the Federal Trade Commission/Department of Justice 2004 report on competition in the health care sector. Not surprisingly, the report focuses primarily on urging states to reconsider specific laws that tend to restrict competition in health care markets but that are clearly shielded by the state action doctrine. Relatively little attention is given to the interpretation of the doctrine itself. This article employs the twin themes of institutional choice and market failure to evaluate a number of interpretive proposals affecting the state action doctrine that were available to, but not taken up by, the agencies. It also proposes using the state action doctrine to ease the burden on courts in market-failure cases in which there is an obvious threat to competition and the alternative of publicly accountable regulatory action is available.     

Contesting anticompetitive actions taken in the name of the state: state action immunity and health care markets

The so-called state action doctrine is a judicially created formula for resolving conflicts between federal antitrust policy and state policies that seem to authorize conduct that antitrust law would prohibit. Against the background of recent commentaries by the federal antitrust agencies, this article reviews the doctrine and discusses its application in the health care sector, focusing on the ability of states to immunize anticompetitive actions by state licensing and regulatory boards, hospital medical staffs, and public hospitals, as well as anticompetitive mergers and agreements. Although states are free, as sovereign governments, to restrict competition, the state action doctrine requires that "the state itself" make the decision to do so. Partly on the basis of problems in the political environment, the article criticizes courts for using a mere "foreseeability" test to decide whether a state legislature sufficiently authorized competitors to act in contravention of clear federal policy: "Few things are more foreseeable than that a trade or profession empowered to regulate itself will produce anticompetitive regulations."     

戒严中警察的应急机制

戒严中的警察应急机制是一个涵盖内容广泛的综合体,是融组织的建立、运行、具体措施、职责等为一体的系统工程.要科学地构建警察在戒严中的应急机制,从而为具体研究应急机制的运用、对应急的监督、救济等问题打下坚实的基础.     

Corrections: The state of the art

The failure of the correctional system to rehabilitate the criminal is discussed in terms of the controversy over external and internal issues that has inhibited the establishment of goals. External problems include: (1) the possibility that crime and the criminal serve a purpose in society, (2) the latent functions of correctional functions, and (3) the crime themes that pervade our society. Internal problems include: (1) the absence of a theoretical framework, (2) the lack of negative feedback, and (3) the inappropriate use of the medical model. If the correctional system fails to develop goals for rehabilitation and prevention of recidivism, then political pressures for a punitive justice will prevail.