Special report on antitrust. Criminal antitrust enforcement--when, who, and why?

Government civil antitrust enforcement and private antitrust litigation are not always easy to avoid, because even innocent actions can be alleged to have been improperly motivated or to adversely affect competition. On the other hand, criminal antitrust violations can be readily avoided by following a set of basic, simple, and easy to remember rules: 1. Providers should not agree with competing or potentially competing providers on any terms of price, quantity, or quality of service; 2. Providers should not agree with competing or potentially competing providers as to which patients (or payors) will be served, what kinds of services will be offered, or where to locate offices or facilities; and 3. Providers should not agree with competing or potentially competing providers to refuse to offer services to payors or other alternative delivery systems. There are circumstances in which exceptions to these general rules are appropriate, such as when an agreement among providers is necessary in order to participate in a legitimate alternative delivery system, preferred provider organization, or individual practice association. However, these exceptions are narrow and technical. The best advice is the following warning to providers by Charles F. Rule, former U.S. Assistant Attorney General for antitrust: "You should never act as if an exception applies until after you have consulted an experienced antitrust lawyer or until you have obtained adequate assurance that competent counsel has structured the system to eliminate antitrust problems."     

Kentuckian’s Attitudes on Capital Punishment, 1989–2016

Citizens’ attitudes toward the death penalty have been effected by the availability of life without parole (LWOP). Our analysis focuses upon data from a representative sample of Kentuckians on death penalty attitudes. The factors influencing and related to death penalty support and compared to support for LWOP are considered along with a review of Kentucky survey findings from 1989–2016. The results reveal consistent support for LWOP over the death penalty. Male Kentucky residents with a college education were most likely to support life without parole over capital punishment while male conservatives did not.     

China’s Stance on Investor-State Dispute Settlement: Evolution,Challenges, and Reform Options

Netherlands International Law Review - China is one of the most active states in concluding bilateral investment treaties (BITs) globally. Its BITs can be categorized into three generations based...     

Make or buy on the Russian railway? Coase,Williamson, and Tsar Nicholas II

There is a growing consensus among economists that the most procompetitive strategy for restructuring public utility enterprises includes complete vertical separation of the network or grid portion of a sector from other parts of the sector where competition is to be created. Although exceptions to this rule are readily granted, it is generally considered that any alternative strategy may pay a high cost in terms of discriminatory access to the grid by non-integrated entrants into the new competitive sector. This consensus is somewhat surprising in light of the simultaneous growth of transactions cost economics, with its emphasis on the benefits of close vertical relationships—including vertical integration—in the face of complexity, unforeseeable contingencies, and problems with contract law enforcement. These issues are considered in the context of a Russian railways restructuring plan which may, or may not, involve complete vertical separation.

Will the Truth Come Out? The Effect of Deception,Age, Status,Coaching, and Social Skills on CBCA Scores

The impact of Veracity, Age, Status (witness or suspect), Coaching (informed or uninformed regarding CBCA), and Social Skills (social anxiety, social adroitness, and self-monitoring) on Criteria-Based Content Analysis scores was examined. Participants (aged 5–6, 10–11, 14–15, and undergraduates) participated in a rubbing the blackboard event. In a subsequent interview they told the truth or lied about the event. They were accused of having rubbed the blackboard themselves (suspect condition) or were thought to have witnessed the event (witness condition), and were or were not taught some CBCA criteria prior to the interview. CBCA scores discriminated between liars and truth tellers in children, adults, witnesses, and suspects. However, truth tellers obtained higher CBCA scores than liars only when the liars were uninformed about CBCA. CBCA scores were correlated with social skills. It is argued that these findings should caution those who believe that the validity of CBCA has been conclusively demonstrated.     

Effect of Psychopathy, Abuse, and Ethnicity on Juvenile Probation Officers’ Decision-Making and Supervision Strategies

Probation officers exercise substantial discretion in their daily work with troubled and troubling juvenile offenders. In this experiment, we examine the effect of psychopathic features, child abuse, and ethnicity on 204 officers’ expectancies of, recommendations for, and approach to supervising, juvenile offenders. The results indicate that officers (a) have decision-making and supervision approaches that are affected by a youth’s psychopathic traits and history of child abuse—but not ethnicity; (b) view both abused youth and psychopathic youth as highly challenging cases on a path toward adult criminality; and (c) have greater hope and sympathy for abused youth than psychopathic youth. For abused youth, officers are likely to recommend psychological services and “go the extra mile” by providing greater support, referrals, and networking than is typical for their caseload. For psychopathic youth, officers expect poor treatment outcomes and are” extra strict,” enforcing rules that typically are not enforced for others on their caseload.     

Threat,emboldenment, or both? The effects of political power on violent hate crimes*

How do expressions of support or opposition by the U.S. federal government, influence violent hate crimes against specific racial and ethnic minorities? In this article, we test two hypotheses derived from Blalock's (1967) conceptualization of intergroup power contests. The political threat hypothesis predicts that positive government attention toward specific groups would lead to more hateful violence directed against them. The emboldenment hypothesis predicts that negative government attention toward specific groups would also lead to more hateful violence directed against them. Using combined data on U.S. government actions and federal hate crime statistics from 1992 through 2012, vector autoregression models provide support for both hypotheses, depending on the protected group involved. We conclude that during this period, African Americans were more vulnerable to hate crimes motivated by political threat, and Latinx persons were more vulnerable to hate crimes motivated by emboldenment.     

During,After, or Both? Isolating the Effect of Religious Support on Recidivism During Reentry

Objectives

To examine the independent and interdependent roles of baseline religious support during incarceration and within-individual changes in religious support on recidivism during the prisoner reentry process.

Methods

Using data from the Serious and Violent Offender Reentry Initiative, cross-lagged dynamic panel models are used to examine the respective roles of baseline differences and within-individual changes in religious support on two variety indices encompassing substance use and criminal offending while simultaneously controlling for pre-incarceration levels of substance use and offending.

Results

Findings show that within-individual increases in religious support protect against substance use post-release, while baseline levels of religious support do not significantly influence substance use. Additionally, baseline levels of religious support fail to condition this relationship. Findings assessing criminal offending demonstrate that baseline religious support and within-individual changes in religious support fail to relate to offending independently. However, an interaction term reveals that the combination of the two relates to significantly lower levels of offending post-release.

Conclusions

Findings offer encouragement for those involved in the work of providing religious support to ex-offenders in the community, reaffirming that tailoring support programs to the religious or spiritual ways individuals make meaning in their lives can improve reentry outcomes. Methodologically, failing to distinguish between baseline levels of religious support and post-release changes in religious support fails to capture the complexity of religiosity on the reentry process.

     

The “war on cops,” retaliatory violence,and the murder of George Floyd*

The police murder of George Floyd sparked nationwide protests in the summer of 2020 and revived claims that public outcry over such high-profile police killings perpetuated a violent “war on cops.” Using data collected by the Gun Violence Archive (GVA) on firearm assaults of U.S. police officers, we use Bayesian structural time series (BSTS) modeling to empirically assess if and how patterns of firearm assault on police officers in the United States were influenced by the police murder of George Floyd. Our analysis finds that the murder of George Floyd was associated with a 3-week spike in firearm assaults on police, after which the trend in firearms assaults dropped to levels only slightly above that which were predicted by pre-Floyd data. We discuss potential explanations for these findings and consider their relevance to the contemporary discussion of a “war on cops,” violence, and officer safety.     

Religious fundamentalism,religiosity, and priming: effects on attitudes,perceptions, and mock jurors’ decisions in an insanity defense case

Jurors are asked to use their personal knowledge and experience to make verdict decisions; thus, it is no surprise that their religious beliefs might influence their decisions. During legal insanity trials, jurors might also be exposed to religious stimuli (e.g. crucifix, prayer, Bible, etc.), which could evoke (prime) religious beliefs and thus influence decisions. Two studies examined whether dimensions of religiosity and religious beliefs relate to attitudes and decisions concerning mental health defenses, testing social identity theory against Allport and Ross’s religiosity hypothesis. In Study 1 (attitudes survey) and Study 2 (mock juror decision-making paradigm), religious fundamentalist beliefs consistently predicted punitive attitudes and decisions related to mental health defenses and verdicts, and this was moderated by intrinsic religiosity, such that religious fundamentalist beliefs only predicted punitiveness for individuals low in intrinsic religiosity. Also, priming fundamentalist beliefs increased punitiveness in both verdict and sentencing decisions. Combined, these results suggest that religious beliefs play a role in jurors’ verdict decisions in an insanity case, and that priming fundamentalist beliefs increases jurors’ punitiveness. Allport and Ross’s religiosity hypothesis was supported, but social identity theory was not.     

Citizenship,Belonging and Attachment in the ‘War on Terror’

The ‘war on terror’ has had an enormous impact on citizens’ legal rights and legal status. Using data from interviews with British Pakistani Kashmiri Muslims, this paper explores how the change to citizens’ legal rights and legal status in the ‘war on terror’, the legal dimension of citizenship, has impacted the psychological dimension of citizenship. Through denoting legal rights, equality and status the study revealed the powerful role of the state and the police in shaping citizens’ perceptions of the legal dimension of citizenship. The paper explores how changes to participants’ perceptions of their legal status and legal rights are instrumental in shaping the psychological dimension of citizenship—participants’ sense of loyalty, belonging and attachment to their British identity and their Islamic identity.     

Out of Many,One? Strasbourg's Ibrahim Decision on Article 6

This case comment considers the European Court of Human Rights decision of Ibrahim v United Kingdom on 13 September 2016. Relying on Salduz v Turkey, the applicants claimed, largely unsuccessfully, that denial of access to a lawyer during police questioning, and subsequent admission into evidence of statements made in the course of that questioning, violated fair trial rights protected by Article 6 of the European Convention on Human Rights. The comment suggests that the decision's unusually emphatic statements about Article 6's ‘internal structure’ have consequences for assessing violations in future applications. Further, the decision creates greater room for public interest balancing in Article 6 cases. The decision may thus undermine the Article 6 guarantees.