Exclusive contracts with private information in successive differentiated oligopolies

The purpose of this article is to analyze the incentives of manufacturers to deal exclusively with retailers in bilaterally duopolistic industries with brand differentiation by manufacturers. In contrast with the previous literature, exclusive contracts are shown to generate higher profits for manufacturers and retailers selling highly differentiated products, who thus have an incentive to insist on exclusive contracting. However, if the products are close substitutes no exclusivity will emerge in equilibrium. Furthermore, we show that exclusive contracts decrease both consumer and social welfare.     

ASSESSING CREDIBILITY IN ALLEGATIONS OF MARITAL VIOLENCE IN THE HIGHCONFLICT CHILD CUSTODY CASE

Forensic psychology has not systematically examined the problem of evaluating the credibility of allegations of marital violence within the context of a child custody case. The importance of this issue stems from the negative effect of family violence on children, the implications for parenting effectiveness, and consideration of the feasibility of joint custody. When marital violence has not been previously disclosed or objectively documented by prosecution, there is a need to examine the credibility of the allegations because of the strategic incentive for both sides to distort historical events. A six-factor model is presented to assist the child custody evaluator and judicial decision maker in this task. A risk assessment approach to marital violence in the custody evaluation context is presented. The need to examine the empirical basis of marital violence allegations in custody litigation should not discourage victims from raising the issue and does not diminish the seriousness of family maltreatment as a social problem.     

A pathologist's view of terrorist violence

The experience of the Northern Ireland State Pathology Service is drawn on to illustrate the forensic aspects of death by shooting and bombing caused by terrorists. The investigations into these deaths have to contend with rumours and allegations which can inflame feelings in the community or mislead the investigators and this aspect is dealt with. The conclusion is reached that when terrorist violence erupts there must be a forensic service able to cope and maintain the usual high standards of scientific investigation.     

ASSESSING AND MANAGING ALLEGATIONS OF CHILD SEXUAL ABUSE

This article examines the procedures involved in the assessment and management of allegations of child sexual abuse in courts exercising custody and access jurisdictions. The author discusses the various options available to the court when confronted with such allegations, noting that, in the contex: of access disputes, the issue for the court is not whether a parent has sexually abused a child but whether, in all the circumstances of the case, access should take place or custody should change. In all matters involving access between parents and children, the overriding principle is the paramountcy of the welfare of the child. It is also argued that supervised access, although an increasingly popular alternative for the court when faced with allegations of abuse, is problematic and may not be in the best interests of the child. The author suggests that the emphasis must be on children's rights find parental responsibilities.     

PROBLEMS AND SOLUTIONS IN THE MANAGEMENT OF CHILD ABUSE ALLEGATIONS IN CUSTODY AND ACCESS DISPUTES IN THE FAMILY COURT

Child abuse allegations in custody and access disputes are serious matters and present family courts worldwide with major problems. This article reports a large research study just completed that investigated the way the Family Court of Australia managed child abuse cases. The study showed that such cases had become a substantial part of the court's current workload, their "core business" in fact. The families involved had many difficulties, including a history of family violence, and the present system was not appropriate for their particular problems. Thus, as new specialized court lead model of intervention was devised, based on principles relevant to family violence and incorporating the most effective strategies identified in the research.     

论我国台湾地区的法定停车位制度及其启示

我国台湾地区法定停车位是法律规定开发商在修建区分所有建筑物时必须设立的最低数额的停车位。其在法律权属上被强制划定为共有部分,但开发商可以通过拟制分管契约的方式为业主设定对特定停车位的专有使用权。业主享有的专有使用权只能依附于专有部分而存在,权利的行使也需要受到法律的限制。我国台湾地区法律还创设了完备的登记制度,有力地保护了区分所有建筑物功能的完整性和业主对于特定停车位的专有使用权。借鉴我国台湾地区的经验,在我国的立法当中应当明确停车位所在空间的性质,并通过制度安排,将业主所购买的车位权利合法化;此外,还应完善并统一不动产登记制度,使停车位的权属与让与制度获得公示效力的保护。     

Gatekeeping by Allegations: An Examination of Verified,Unfounded, and Fabricated Allegations of Child Maltreatment Within the Context of Resist and Refusal Dynamics

Allegations of child maltreatment and neglect, including child sexual abuse, in the context of child custody disputes pose particular challenges for child protection services, family law professionals and the courts to identify children at risk of harm, as well as children impacted and exposed to other risk factors. Accurately identifying child maltreatment requires assessing the background, the history and the context of the allegations in order to differentiate confirmed, unfounded, and fabricated allegations. The paper provides a review of the history and current understanding of allegations within the context of child custody disputes by considering the connections of fabricated allegations to the theory of alienation and the role of gatekeeping. The paper then examines the social science literature regarding allegations within child protection investigations (the prevalence, types of maltreatment, reporter of allegations, and case outcomes) and explores the factors that have contributed to the challenges faced by child protection services to investigate and make determinations regarding allegations within the context of child custody disputes. We argue for early assessment protocols for child protection services to screen child custody cases, to differentiate allegations of alienation from other types of harm, to enhance role clarity in these volatile situations, to refrain from “taking sides” and to work collaboratively with the family law community. Lastly, we offer legal implications to improve collaboration between child protection services and the family law field to better respond to these complex cases.     

MEDIATIVE STRATEGIES IN THE MANAGEMENT OF CHILD SEXUAL ABUSE MATTERS

This article presents the theoretical importance and practical applications of mediative strategies in family conflicts where sexual abuse allegations are involved. Traditional approaches often further the breakdown of the family and harm the children. The linear nature of the legal system in which these conflicts are played out, the strong moral and cultural influences in issues concerning sexuality, and the approach of the professionals involved are factors considered. When multiple professionals intrude simultaneously on a family, there is severe disruption of the boundaries and internal hierarchy of the system. The process of mediation allows for effective conflict management because it is premised on systemic problem solving. The article catalogues specific mediative skills, strategies, and techniques that can be applied. It also encourages the use and incorporation of mediation in court systems to more effectively manage family conflicts such as divorce and juvenile matters, where sexual abuse is often alleged.     

THE VIRTUES OF HEAVY-HANDEDNESS IN GOVERNMENT

This article is concerned with the increased popularity of noncoercive methods to achieve public policy goals. It is contended that certain functions and benefits regarding coercion by government are overlooked, while conceptual and practical problems in employing noncoercive approaches are, to a considerable degree, neglected. The discussion concludes with a call for a more integrated approach in which coercive and noncoercive approaches to government action are seen as complementary, rather than mutually exclusive.     

Closed Distribution Networks and E-commerce: Antitrust Issues

Closed distribution networks (ie exclusive or selective distribution networks) have to integrate the development of the internet, particularly in sectors such as fine fragrances or new cars sales. Producers (ie Chanel or Volkswagen) cannot ignore that their products are potentially available on the web. Considering the relationships between producers and their off-line dealers, the question is to know if these dealers could be authorized to resell the products on their own website. In each sector, producers have to adapt their distribution contracts for e-commerce. In a previous paper (published in the Journal of Information, Law and Technology , 2000, No 2) we conclude that electronic points of sales must respect criteria used for physical points of sales, but with some adaptations. The major issue for producers is to build legally secured contracts in order to manage both off-line and on-line distribution networks. But the adaptation of traditional distribution contracts cannot ignore the antitrust framework, especially in the European context, since the new Block Exemption Regulation No 2790/99 on Vertical Restraints has been published. Producers' strategies within the European Union must take into account potential competition restraints implied by their contract policy. When drafting their contracts for e-commerce opportunities, producers have to deal with the legal standing of their networks within the European antitrust law. In this paper, our purpose is to analyze implications of the on-line distribution strategy that could be drawn up by a producer from the European competition law viewpoint. We determine opportunities and constraints presented by the Guidelines from a producer's point of view, and we examine whether European competition law does offer any interesting 'room for manoeuvre' for producers who develop closed distribution networks. We also identify what kind of elements could lead to a withdrawal of the benefit of the Block Exemption Regulation No 2790/99; we show that this withdrawal could arise from a market share evaluation, or from the disproportion between competition restraints (stemming from the distribution contract clauses) and the necessity of an economic progress within the European Commission (EC).     

Restraint of trade through hospital exclusive contracts: an economic appraisal of the legal theory

The growth of antitrust litigation in the health care area reflects the developing consensus that competition is as powerful a force in health care as it is elsewhere in the economy. Exclusive contracts between hospitals and hospital-based physician specialists have been prominent among the contested practices. Challenges to these arrangements uniformly assert an injury to competition; for example, that the contracts are a means of gaining monopoly power in some market. But these claims have lacked a solid theoretical basis for general hostility to exclusive dealing of this sort. This article describes several economic considerations that are fundamental to an analysis of this contractual phenomenon. These considerations imply that there is no general economic basis for suspicion, and that the circumstances under which suspicion would be warranted are likely to be rare.     

Police officer characteristics and internal affairs investigations for use of force allegations

The purpose of the study was to investigate whether there was a relationship between police officer characteristics (e.g., experience, race, gender, age) and internal affairs investigations for allegations of use of force. Cumulative logistic regression models were fitted to data extracted from personnel files of officers employed by the Riverside County Sheriff's Department for the years 1996 through 2000. Analysis showed that officers with less than five years experience working in the Sheriff's Department had odds of being investigated for allegations of using force that were nearly 4.4 times the odds among officers with twenty or more years of experience. Officers with five to nine years experience were eight times more likely to be investigated for use of force allegations than those with twenty or more years of experience. In general, the lower the departmental experience, the higher the odds of being investigated. No significant racial disparities were observed in investigations for allegations of use of force. Officers with a history of allegations of use of force investigations were considerably more likely to be subsequently investigated for alleged uses of force. It was concluded that investigations for allegations of use of force by officers might be reduced considerably if more attention were paid to training and mentoring of new and younger officers.     

ALLEGATIONS AND SUBSTANTIATIONS OF ABUSE IN CUSTODY‐DISPUTING FAMILIES1

In this study of 120 divorced families referred for child custody evaluations and custody counseling, multiple allegations of child abuse, neglect, and family violence were raised in the majority of cases. About half of the alleged abuse was substantiated in some way with one fourth involving abuse perpetrated by both parents. Different kinds of allegations were raised against mothers compared with fathers. Implications of these findings for social policy, family court interventions, and the provision of coordinated services within the community are discussed.     

自然人书面契约取信方式研究

印章文化在我国源远流长,其中公章自古至今为实用而治,私章则经历了一个从实用到艺术的转变过程。我国古代书面契约的取信方式历经变化,但私章讫未成为公认的取信手段。西方国家在法律史上曾有盖印取信的制度,但当今通行的法定取信手段则是签名。我国现行法上的书面契约取信方式兼采签名和盖章。私章自身的内在局限及签名取信的多维优势,决定了签名取代私章的必然。自然人主体书面契约的取信方式统一于签名,是法律体系内部相协调的需要,并可以获得法律解释理论上的有力支撑。     

The Parliament of Bangladesh: Representation and Accountability

This article is inspired by a recent debate in Bangladesh about the representative credentials of members of parliament (MPs) who have started to assert a pre-eminent and exclusive role for themselves as people's elected representatives. It investigates three dimensions of their representative role. Political representation is analysed by fairness of the electoral process and the space for opposition. Representation of social diversity is evaluated by gender, religion, ethnicity and socio-economic background of MPs. Constituency representation is explored with a particular focus on parliamentarians' involvement in local development work. Provision of constituency services by the MPs, through control and partisan distribution of public resources, has led to allegations of corruption and conflict of interest. Adoption of a code of parliamentary conduct is essential to establish a formal mechanism to hold MPs accountable to citizens.     

Children’s Allegations of Sexual Abuse: A Model for Forensic Assessment

It is important both clinically and forensically to gain information to provide an understanding of the veracity of a child’s allegations of sexual abuse. Even though it is reasonable to hypothesize that most allegations are true—children are not infallible and thus some allegations are false. A systematic model of pathways to false allegations—however rare or common—is important because so much depends on this question (i.e., both false positives and false negatives are harmful to children). We propose that there are two major pathways to false allegations of child sexual abuse: (1) the child is lying and (2) the child has a false memory due to his or her problems in information processing. We conclude by presenting a more detailed protocol for more formally evaluating these pathways to false allegations in specific cases.     

The Truth Behind the Lies: The Complex Motivations for False Allegations of Sexual Assault

The issue of false allegations is arguably the most controversial topic in the area of sexual violence. Portrayals of women who make false allegations are largely negative and leave little room for a comprehensive understanding of the complex motivations behind false complaints of sexual assault. The current study uses detailed qualitative data on 55 sexual assault cases that were reported to the Los Angeles Police Department in 2008 and that were subsequently unfounded. Our study focuses on identifying the factors that motivated complainants to file false allegations. Results reveal that motivations for false allegations fall into five overlapping categories: avoiding trouble/providing an alibi, anger or revenge, attention seeking, mental illness, and guilt/remorse. In addition, our findings more obviously suggest that motivations for filing false reports are varied and complex, often resulting from a need to alleviate social and personal distress. Given that we centered our study on motivations, this research is more comprehensive than prior examinations of motivations that have tackled numerous facets of false sexual assault reports.     

GENDER ISSUES IN THE CALIFORNIA COURTS

The Judicial Council of California's Advisory Committee on Gender Bias in the Courts is one of approximately 30 similar task forces throughout the country charged with investigating issues of bias based on gender in the various state court systems. This article summarizes portions of the committee's draft report, "Achieving Equal Justice for Men and Women in the Courts," and its findings and recommendations. The crucial area of family law including cases where there are allegations of domestic violence is its focus. This article also describes the committee's investigatory process and collaborative efforts and explains the steps planned to implement the advisory committee's blueprint for change.