Abusive contract terms: Is unenforceability a deterrent sanction?

European Journal of Law and Economics - We investigate the impact of sanctions in the presence of abusive contract terms in a litigation model under asymmetric information on consumers’...     

Is there a Need for a European Criminology?

Readers were invited in Issue 4, 2000 to give their comments on the subject of European criminology. The Editors also invited some scholars on a personal title. The comments, ranging from 1,200 to 2,000 words are presented in alphabetical order. The comments are written by: Rosemary Barberet, Josine Junger-Tas, Martin Killias, H.-J. Schneider, Alenka élih, Henrik Tham, Bas van Stokkom and Lode Walgrave. Together they offer a view on the ideas and different views on European criminology.     

Export Cartels: Is there a need for Global Rules?

One of the reasons sometimes given in support of internationalcompetition rules is the need to curb export cartels. Exportcartels, however, are not necessarily competition or welfarereducing. They are just as likely to enhance competition andwelfare. The evidence reveals that opinions are quite divided.However, there is one constant: no country has a strong incentiveto ban export cartels unilaterally. The reason for this is thatmost of the adverse effects generated by the cartel are experiencedabroad, not locally. Therefore, if there is a case for curbingexport cartels, the alignment of incentives means that an internationalagreement is probably necessary. This article suggests one possiblearrangement.     

How real is the threat of imprisonment for environmental crime?

In this contribution, we investigate whether prison sentences for environmental crime are indeed used in practice, how they are used and whether they imply a real threat to violators. To this end we examine previous studies on the role of imprisonment and confront these models with some empirical data. The empirical application summarizes evidence from several countries, but focuses on detailed data for criminal prosecution of environmental legislation in Flanders (Belgium) between 2003 and 2007. Thus we are able to highlight some interesting policy issues and directions for future research.     

On the meaning of the likelihood ratio: Is a large number always an indication of strength of evidence?

There is general lack of awareness that high LR based on complex propositions e.g. three contributors, does not necessarily translate into probative evidence against a suspect. In some cases there is an increased chance of false inclusion of a person of interest. This is an issue for all LR-based models. One way to address this issue is to further evaluate or qualify the estimated LR by a performance test. Based on simulations, this was achieved by non-contributor-testing: replacing the reference profile of interest (typically the suspect's profile), by the profile of a simulated random man. An exact p-value can also be calculated, giving the chance of observing an LR-value exceeding the estimated if the defense hypothesis is true.     

Is there J-Curve effect in the commodity trade between Korea and rest of the world?

Previous studies that investigated the short-run and long-run effects of depreciation of the Korean won on the Korean trade balance with the rest of the world have not been able to discover significant effects. Suspecting that these studies suffer from aggregation bias, we disaggregate Korean trade flows with the rest of the world by commodity and consider the response of trade balances of 148 industries to changes in the real effective exchange rate of the won. We find that in the short run the trade balance of 91 industries are affected by exchange rate changes. However, the short-run effects last into favorable long-run only in 26 industries, a unique finding that is absent from the literature.     

Is there a “common law” of responsibility?

Contrary to common expectations and a good deal of legal folk wisdom, several surveys have failed to find group differences in the way people attribute responsibility and assign punishments. These nonfinding, suggest that there is a considerable degree of consensus about how to judge wrongdoing. The nature of this consensus is examined using survey data collected in two Japanese and one American cities. We examine the extent of group differences in the evaluation of inputs (here a set of hypothetical vignettes), decision rules, and punishments. The paper concludes with a discussion of the conceptual, theoretical, and methodological issues raised by these and similar findings of small group differences. Collectively, these three issues define, an agenda for future research on the nature and extent of a common law of responsibility.This is a revised version of a paper presented at the 1986 meeting of the Law and Society Association. The research was supported by seed funds from the Social Science Research Council and from the University of Michigan and by N.S.F. grant No. SOC 77-242918. Japanese data were gathered and analyzed with support from the Nihon Gakujutsu Shinkokai and Mombusho to the Japanese investigators: Yoko Hosoi, Zensuke Ishimura, Nozomu Matsubara, Haruo Nishimura, Nobuho Tomita, and Kazuhiko Tokoro. They have recently published a book on the project. (Ishimura et al., 1986).     

Is there a place for hair analysis in doping controls?

The actual antidoping control rules applied in sports (as established by the International Olympic Committee and the International Sport Federations) state that a positive case is chemically established by the unequivocal detection of a forbidden parent molecule and/or any of its metabolite(s) in urine, no matter the amounts which were administered and when the drug was taken. Screening is accomplished most of the time by using GC-MS procedures. These have been optimized to detect most if not all of the forbidden compounds which are put on a list. Recently, attempts have been made on scalp hair to demonstrate the value of this matrix as a possible means for differentiating between therapeutic use and doping abuse. In particular, GC-mass selective detector and GC-high resolution MS were successfully applied to treated animals and body-builders for anabolic agents (steroids and beta-2-agonists) at high sensitivity detection (low ng/g level). Naturally occurring molecules, like testosterone and its metabolites, could also be differentiated from their synthetic counterparts. Positive cases are more often challenged in courts and retrospectivity in time of the drug(s) intake is becoming an important issue for evaluating the responsibility of the person. This is can be based on hair analyses if the drugs have been taken at regular intervals. Stimulants and narcotics are often used in sports like drug of abuse in the ordinary social contexts. On the other hand, anabolic agents, when taken to improve the physical performances, follow complex regimens with the mixing of various formulas and dosages. Scalp hair references ranges for these as well as for endogenous substances still wait to be established statistically for competing, well-trained athletes. The incorporation rate into blond or gray hair is poorer than that of dark colored hair raising the question of individuals equality against the controls, a very important matter of concern for the sport's governing bodies. The frequency of hair cutting and short hair cuts necessary to gain speed in specific sports like swimming are other critical factors. On the other hands, irregular hair growth, associated with the washout effect through multiple washing and staining processes over expanded time intervals can cause concentrating or diluting effects. So far, a minority of prohibited substances could be detected in scalp hair with the sensitivity and specificity required in the context of the sport's activities. From the above, clear limitations of the usefulness of hair analysis in doping control analysis are obvious until a lot more data relevant to this particular field have been collected.     

Is stalking a learned phenomenon? An empirical test of social learning theory

Purpose

We examine the extent to which components of social learning theory (i.e., definitions, differential reinforcement, and differential association/modeling) predict stalking victimization and perpetration using survey data from a large sample of college students.

Methods

Among a sample of 2,766 college students, logistic regression models were estimated to analyze the relationships between social learning theory and stalking perpetration and victimization.

Results

Results suggest that victimization and perpetration are functions of social learning. The findings also indicated that females were significantly more likely to be both stalking victims and perpetrators.

Conclusions

Regarding stalking perpetration and victimization, our results suggest that there may be responses, attitudes, and behaviors that are learned, modified, or reinforced primarily through interaction with peers. Overall, social learning theory concepts appear to be important predictors of stalking perpetration and victimization that help to develop theoretical explanations for stalking.