Litigation in Canadian referendum politics

Abstract: During the last decade, various governments in Canada have organized referenda to define their options on issues of great popular controversy. The Canada‐wide referendum on the Charlottetown Constitutional Accord in 1992, the Quebec sovereignty referendum in 1995, and the British Columbia referendum on aboriginal treaty negotiations in 2002 are the most interesting and the most significant examples. The core issue in each case was determining the political direction a government or a jurisdiction should follow. In each of these instances, interested citizens representing a segment of public opinion sought court injunctions to stop the vote. The focus of this article is the use of the courts on the political process. In each of the three cases, the applications for injunction were denied and the referendum proceeded. Nevertheless, the legal proceedings highlighted the increasing impact of law in politics under the Charter, as well as the greater willingness of political actors to use litigation to achieve political goals. These trends point out lessons for democracy that public administrators ought not ignore. Sommaire: Au cows de la demière dénnie, divers governments au Canada ont organisé des référendums pour déterminer leurs options concemant des questions faisant l'objet de séneuses controversies. Le référendum Canadian de 1992 sur l Accord constitutional de Charlottetown, le référendum de 1995 sur la souverainets du Québec et le refbrendurn qui s'est tenu en 2002 en Colombie‐Britan‐nique sur les négociations des droits issus de traités des Autochtones sont les référendums les plus intéressants et les plus marquants. Dans chaque cas, le point essential consistait à determiner l'orientation politique que le gouvemement ou une juridiction devrait adopter. Dans chacun de ces examples, des citoyens concernés représentant un segment de l'opinion publique ont tenté d'empêcher la tenue du vote en solicitant des injunctions auprès des tribunaux. Le present article porte sur le recours à des moyens légaux pour influer sur le processus politique. Dans chacun des trois cas, les demandes d'injonctions ont été refusées et le réféerendum a eu lieu. Néanmoins, les actions en justice ont souligné l'impact grandissant du juridique dam le domaine des politiques, sous l'influence de la Charte, et une plus grande acceptance de la part des responsables politiques à recourir à des litiges pour atteindre des objectifs politiques. Ces tendances soulignent pour la démocratie des leçons que les administrateurs publics ne devraient pas ignorer.     

Japan’s Bilateral FTAs: No Obstacle to Progress in the Doha Round

This paper examines Japan’s FTAs with Mexico and the Philippines in the context of parallel negotiations in the Doha Round. Although the limited results produced by these FTAs represent an inferior outcome to what might be achieved with multilateral trade liberalization, there is no evidence that these agreements have weakened the political will of Japanese export interests to push ahead with trade liberalization in the WTO or increased the leverage of protectionist interests in opposing that goal. The greatest hope for increased Japanese flexibility in WTO agricultural talks lies in accelerated reform of domestic farm policy rather than reduced emphasis on pursuit of FTAs.

Impulsivity,Offending, and the Neighborhood: Investigating the Person–Context Nexus

The traditional trait-based approach to the study of crime has been challenged for its failure to acknowledge differences in the social environments to which individuals are exposed. Similarly, community-level explanations of crime have been criticized for failing to take into account important individual differences between criminals and non-criminals. Ultimately, a full understanding of crime requires the consideration of both individual and environmental differences, perhaps most importantly because they may interact to produce offending behavior. Yet little criminological research has examined if the effects of individual-level characteristics vary by the context in which they are embedded. The current study addresses this gap in the literature by using multivariate, multilevel item response models to examine if the influence of impulsivity on offending differs as a function of neighborhood context. Analyses using data from the Project of Human Development in Chicago Neighborhoods reveals that the effects of impulsivity are amplified in neighborhoods with higher levels of socioeconomic status and collective efficacy, and lower levels of criminogenic behavior settings and moral/legal cynicism. Implications of these findings for research and policy are discussed.     

Caring Letters Project: a military suicide-prevention pilot program

Background: The Caring Letters Project (CLP) is a suicide prevention program that involves sending brief caring letters to discharged inpatients following psychiatric hospitalization. Several studies suggest that repeatedly sending caring messages may reduce suicides and suicide attempts in high-risk populations. Aims: The aims of this study were to (1) evaluate feasibility of use in the military setting, (2) explore trends toward reduction of psychiatric rehospitalizations, (3) assess preference for and test e-mail correspondence, and (4) identify best practices and gather data to inform a randomized controlled study. Methods: A total of 110 psychiatric inpatients at a military treatment facility consented, were interviewed, and then received personalized handwritten letters or e-mails at regular intervals following discharge. Data collected included demographics, clinical characteristics, preference for e-mail versus postal mail, rates of undeliverable and return correspondence, rehospitalizations, and adverse events requiring safety procedures. Results: A total of 436 letters and e-mails have been sent to date. Most participants indicated preference for e-mail versus postal mail. Fifteen participants were readmitted for treatment compared to 20 patients in usual care. Twenty participants sent responses and all were positive statements about the program. There were no adverse events. Conclusions: This program is feasible for use at a military treatment facility. A randomized controlled trial is needed to determine whether the intervention can reduce suicide rates among military and veteran populations.     

PATENT HOLDUP AND OLIGOPSONISTIC COLLUSION IN STANDARD-SETTING ORGANIZATIONS

Current controversies over patent policy place standard-settingorganizations (SSOs) on a collision course with antitrust law.Recent theoretical research conjectures that, in an SSO, patentowners can "hold up" patent users in the sense of demandinghigh royalties for a patented input after the SSO has adoptedthe patented technology as an industry standard and manufacturerswithin the SSO have incurred sunk costs to design end productsthat incorporate that standard. Consistent with this conjecture,actual SSOs have recently sought no-action letters from theAntitrust Division for a variety of amendments to SSO rulesthat would require or request, at the time a standard is underconsideration, the ex ante disclosure by the patent owner ofthe maximum royalty that the patent owner would charge underthe regime of fair, reasonable, and nondiscriminatory licensing.This price information—which is characterized as the "cost"of the patented input—would, under at least one recentSSO rule modification, be a permissible topic for potentialusers of the patent to discuss when deciding whether to selectit in lieu of some alternative standard. This exchange of informationamong horizontal competitors would occur ostensibly becausethe cost of the patented technology had been characterized assimply one more technical attribute of the standard to be set,albeit an important technical attribute. The Antitrust Divisionand the Federal Trade Commission have jointly stated that suchdiscussion, by prospective buyers who are competitors in thedownstream market, of the price of a patented invention thatmight become part of an industry standard should be subjectto antitrust scrutiny under the rule of reason rather than therule of per se illegality. The rationale that the antitrustagencies offer for applying the rule of reason to such conductis that such horizontal collaboration might avert patent holdup.The Antitrust Modernization Commission (AMC) similarly endorsedthe view that rule-of-reason analysis is appropriate for exante discussion of royalty terms by competing buyers of patentedtechnology. This rule-of-reason approach, however, is problematicbecause it conflicts with both the body of economic researchon bidder collusion and with the antitrust jurisprudence oninformation exchange and facilitation of collusion. Put differently,because of their concern over the possibility of patent holdup,the U.S. antitrust agencies and the AMC in effect have indicatedthat they may be willing in at least some circumstances to forgoenforcement actions against practices that facilitate oligopsonisticcollusion by encouraging the ex ante exchange of informationamong competitors concerning the price to be paid for a patentedinput as an implicit condition of those competitors' endorsementof that particular patented technology for adoption in the industrystandard. However, neither the proponents of these SSO policiesnor the antitrust agencies and the AMC have offered any theoreticalor empirical foundation for their implicit assumption that theexpected social cost of patent holdup exceeds the expected socialcost of oligopsonistic collusion. This conclusion does not changeeven if one conjectures that such collusion will benefit consumersby enabling licensees to pass through royalty reductions intheir pricing of the downstream product incorporating the patentedtechnology. Proper economic evaluation of the plausibility ofthe pass-through conjecture will require information about thecalculation of royalty payments; the demand and supply elasticitiesfacing the licensees; and the structure of any industries furtherdownstream between the manufacturer and the final consumer.Consequently, the magnitude of this effect will likely be amatter of empirical dispute in every case. Moreover, such ajustification for tolerating horizontal price fixing finds nosupport in antitrust jurisprudence. Given the analytical andfactual uncertainty over whether patent holdup is a seriousproblem, it is foreseeable that antitrust questions of firstimpression will arise and affect a wide range of high-technologyindustries that rely on SSOs. However, there is no indicationthat scholars and policy makers have seriously considered whetheroligopsonistic collusion in SSOs is a larger problem than patentholdup.     

The Ethical Implications of Altering Public Sector Accountability Models: The Case of the Atlanta Cheating Scandal

ABSTRACT

Outcome based policies promote the use performance accountability models. However, the impact these policies have on the ethical culture of public sector organizations has not been adequately assessed. This research examines performance accountability reforms by examining the City of Atlanta’s implementation of federal and state performance policies. The analysis reveals the use of performance models in vulnerable organizations negatively impact employees’ ethical behavior. Teachers and administrators altered test results, delivered threats, misled parents and students about performance outcomes, and were dishonest with state investigators to give the illusion that performance goals had been met or exceeded.     

25 Years of Transparency Research: Evidence and Future Directions

This article synthesizes the cross‐disciplinary literature on government transparency. It systematically reviews research addressing the topic of government transparency published between 1990 and 2015. The review uses 187 studies to address three questions: (1) What forms of transparency has the literature identified? (2) What outcomes does the literature attribute to transparency? and (3) How successful is transparency in achieving those goals? In addressing these questions, the authors review six interrelated types of transparency and nine governance‐ and citizen‐related outcomes of transparency. Based on the findings of the analysis, the authors outline an agenda for future research on government transparency and its effects that calls for more systematically investigating the ways in which contextual conditions shape transparency outcomes, replicating studies with varying methodologies, investigating transparency in neglected countries, and paying greater attention to understudied claims of transparency such as improved decision making and management.