Review essay / the utility of torture

Mirko Bagaric and Julie Clarke, Torture: When the Unthinkable is Morally Permissible Albany, NY: State University of New York Press, 2007, pp. xiii + 114.     

波兰、中东欧国家体制转轨的深层次原因

转轨的核心是摈弃原社会主义制度 人们普遍认为，中东欧国家后社会主义转轨始于1989年，首先出现在波兰。随后“现实社会主义的衰落”，或者有些人认为是“共产主义的垮台”遍及整个地区。随之而来的问题便由此产生。在欧洲及亚洲广大地区上运转了几十年的体制是因为自身运转不利而轻而易举地衰落，还是被外力推翻？如果是被推翻，是谁一手造成的，是内因，还是迫于外界压力？     

The dual myths of ‘narco‐terrorism’: How myths drive policy

When held up to the reality and complexity of the relationships between drug traffickers and insurgents, the concept of ‘narco‐terrorism’ falls short of serving as a useful explanatory device. Properly analyzed, ‘narco‐terrorism’ emerges as a political myth based on a stereotypic view of the Andean drug trade, peasant insurgency and the relationships between them. The myth of ‘narco‐terrorism’ coincided with the Latin American policy interests of the Reagan and the Bush administrations. Ironically, the myth's transparency served the policy interests of the opponents of these administrations, who used it to further their own politicized agendas ‐ creating yet another myth. This research traces the evolution and politicization of this concept and shows how it has hindered both scholarship and policy making. The research confirms, in part, earlier work of Australian criminologist Grant Wardlaw and American expert on the Andean drug trade, Rensselaer Lee.     

Panacea or Snake Oil? Interest‐Based Bargaining in the U.S. Airline and Rail Industries

This study of interest‐based bargaining (IBB) examined past usage, current preferences, and future intentions to use this approach in U.S. airline and railroad labor negotiations. Based on a survey of eighty‐four union and management chief negotiators, we found that the personal attributes of the chief negotiator (orientation toward relationships, personal conflict handling style, and competency in IBB approaches) were strong predictors of the past use of IBB. However, personal affinities and styles became irrelevant as experience with IBB accumulated. The negotiator's preferences for IBB in general were strongly correlated to his or her awareness of other carriers' and unions' experiences with IBB, as well as to his or her own direct experience. The negotiator's intention to use IBB in the future was also related to the quality of the contract personally obtained through IBB practices. The study also revealed the unpopularity of IBB among labor negotiators relative to their management counterparts.     

OxyContin and a Regulation Deficiency of the Pharmaceutical Industry: Rethinking State-Corporate Crime

On May 10, 2007, three executives of the pharmaceutical company Purdue Pharma pled guilty in federal court to misleading doctors and patients about the risk of addiction and potential for abuse of OxyContin. Additionally, Purdue Pharma paid over $600 million in fines and other payments to the United States government and the Commonwealth of Virginia. The drug OxyContin was first introduced to the market in December of 1995. Warning signs of the drug’s potential for abuse were almost immediate, and there were reports of copious amounts of the drug being diverted into the black market for recreational use. In some cases, criminologists have argued that if the government fails to protect its citizens from the harm of a corporation then such behavior should be considered state-corporate crime. We critically evaluate the case of OxyContin to see if it falls under the state-corporate crime paradigm. Further, we argue the state-corporate crime paradigm can benefit from an increased focus on the organizational structures of regulation agencies.     

HOW JUDGES DECIDE WHETHER SOCIAL PARENTS HAVE PARENTAL RIGHTS: A FIVE‐FACTOR TYPOLOGY

Courts have issued conflicting rulings regarding the rights (e.g., custody, visitation) and responsibilities (e.g., child support) of non‐biological gay parents. This analysis establishes a typology of five factors that most commonly influence judges' decisions. These factors include: interpretation of parenting statutes, legislative intent, parental intent, legal documents establishing parenthood, and the child's best interests. Despite these common themes, there is still much discrepancy among court rulings. Based on this analysis, there are steps parents can take to protect their legal rights and living arrangements. Finally, policy suggestions are offered for courts and lawmakers. These legal actors can take steps (e.g., clarifying statutes) that would provide certainty for families in case of parental separation or the biological parent's death.