COMPARING ANTITRUST ENFORCEMENT IN THE UNITED STATES AND EUROPE

Among the many important changes wrought by Regulation 1/2003are the decentralization of responsibility for enforcing EUcompetition law from Brussels to Member States and the creationof the European Competition Network to encourage coordinationand information-sharing among the 26 competition authoritiesin the EU. This article contrasts Europe's new system of competitionenforcement under Regulation 1/2003 with that of the UnitedStates. I focus upon two of the more significant features ofthe U.S. system: the dual legislative and enforcement authorityof the States and the Federal Government, and private enforcement.The Commission is presently evaluating measures to facilitateprivate enforcement and is set to release a Green Paper on thattopic later this year. I highlight a few characteristics thathave made private enforcement such a significant component ofthe U.S. antitrust regime, in some ways and at some times providingtoo much incentive for plaintiffs, at the expense of neutralor procompetitive business activity.     

HISTORICAL CONTINGENCIES AND THE EVOLVING IMPORTANCE OF RACE,VIOLENT CRIME,AND REGION IN EXPLAINING MASS INCARCERATION IN THE UNITED STATES

This article combines insights from historical research and quantitative analyses that have attempted to explain changes in incarceration rates in the United States. We use state‐level decennial data from 1970 to 2010 (N = 250) to test whether recent theoretical models derived from historical research that emphasize the importance of specific historical periods in shaping the relative importance of certain social and political factors explain imprisonment. Also drawing on historical work, we examine how these key determinants differed in Sunbelt states, that is, the states stretching across the nation's South from the Atlantic coast to the Pacific, from the rest of the nation. Our findings suggest that the relative contributions of violent crime, minority composition, political ideology, and partisanship to imprisonment vary over time. We also extend our analysis beyond mass incarceration's rise to analyze how factors associated with prison expansion can explain its stabilization and contraction in the early twenty‐first century. Our findings suggest that most of the factors that best explained state incarceration rates in the prison boom era lost power once imprisonment stabilized and declined. We find considerable support for the importance of historical contingencies in shaping state‐level imprisonment trends, and our findings highlight the enduring importance of race in explaining incarceration.     

BUNDLES OF JOY: THE UBIQUITY AND EFFICIENCY OF BUNDLES IN NEW TECHNOLOGY MARKETS

This paper examines the economic logic underlying bundles andtie-in sales and uses the lessons learned from that examinationto analyze seven specific instances of bundling that have beenthe subject of antitrust scrutiny or other policy initiatives.Of particular interest are products that are nonrivalrous inconsumption, making all-you-can-eat pricing a viable candidatefor efficiency. The main economic points are the following:À-la-carte pricing may populate economic models, butmost products are bundles. They are bundles because bundlesare generally more efficient. Tie-in sales are much less commonand often not properly understood in textbook discussions. Marketforeclosure, the principal efficiency concern with tying andbundling, is likely to be exceedingly rare. The seven instancesof bundling (ties) examined in the paper are: cable television;patent pools; blanket licenses; iPods and iTunes; telephones;music albums and songs; operating systems and component programs.     

BEYOND THE BELL CURVE: COMMUNITY DISADVANTAGE AND THE EXPLANATION OF BLACK‐WHITE DIFFERENCES IN ADOLESCENT VIOLENCE*

Disproportionate involvement in violent behavior among African American, versus white, adolescents is a major arena of debate in the social sciences. The individual difference approach draws attention to verbal ability as an explanation of black‐white differences in violence. Sociological theories stress variation in community and family socioeconomic disadvantage. We contrast these causal images of racial differences in serious violence using the National Longitudinal Survey of Adolescent Health and contextual modeling. Results indicate that verbal ability has an indirect effect on violence through school achievement, but does not account for the greater involvement in violence among black adolescents. The analysis is most consistent with a sociological model that views the race‐violence link as a spurious outcome of community context.     

VOICES FROM THE BARRIO: CHICANO/A GANGS,FAMILIES, AND COMMUNITIES*

Based on in‐depth interviews with 33 youth gang members and 20 adult neighborhood leaders and youth service providers, we explore the complicated relationships among gang members, their families, and other residents of poor Chicano/a and Mexicano/a barrios in Phoenix. Listening to the multiple voices of community members allows for a multifaceted understanding of the complexities and contradictions of gang life, both for the youths and for the larger community. We draw on a community ecology approach to help explain the tensions that develop, especially when community members vary in their desires and abilities to control gang‐related activities. In this exploratory study, we point to some of the ways in which gender, age, education, traditionalism, and level of acculturation may help explain variation in the type and strength of private, parochial, and public social control within a community.     

MORALITY,MARKETS, AND THE ASC: 2011 PRESIDENTIAL ADDRESS TO THE AMERICAN SOCIETY OF CRIMINOLOGY*

This Presidential Address explores the possibilities for fruitful multilevel theorizing in criminology by proposing an integration of insights from situational action theory (SAT), a distinctively micro‐level perspective, with insights from institutional anomie theory (IAT), a distinctively macro‐level perspective. These perspectives are strategic candidates for integration because morality plays a central role in both. IAT can enrich SAT by identifying indirect causes of crime that operate at the institutional level and by highlighting the impact of the institutional context on the perception‐choice process that underlies crime. Such multilevel theorizing can also promote the development of IAT by revealing the “micro‐instantiations” of macro‐level processes and by simulating further inquiry into the social preconditions for institutional configurations that are conducive to low levels of crime. Finally, drawing on Durkheim's classic work on occupational associations, I point to the potential role of professional associations such as the American Society of Criminology in promoting and sustaining a viable moral order in the advanced capitalist societies.