THE STOCHASTIC RELATIONSHIP BETWEEN PATENTS AND ANTITRUST

This article develops a novel theory by which to construe theinteraction between the patent and antitrust laws. The rulesof these respective disciplines are often portrayed as conflictingin means, yet harmonious in purpose. Although the intellectualproperty and antitrust laws have ostensibly divergent viewson the role of competition, their interaction is typically limitedto one of constraint. More specifically, antitrust rules havebeen (poorly) designed to limit the exclusivity inherent ina patent grant to the claimed invention alone. This article,however, articulates a new vision for the role of antitrust:it posits that competition rules operate as a stochastic regulatorof exclusionary patent rights. The Sherman Act constrains patentees'efforts to positively transform the probabilistic nature oftheir intellectual property rights through contract. Yet, becausethe empirical calculation of optimal innovation rates is anelusive, if not Sisyphean, task, the normative desirabilityof the foregoing fact is abstruse. Nevertheless, policymakers'inability to pinpoint precisely the ex post rewards requiredto trigger ideal levels of ex ante investment need not bindour hands to inaction. If contemporary rates of innovation aredeemed acceptable (even if not necessarily perfect), there maybe ways to trigger equivalent levels of ex ante investment withlower social cost. In this regard, it is clear that currentlyenacted competition rules significantly accentuate the uncertaintysurrounding patents' apotropaic effect. Concluding that contractssecuring otherwise stochastic rights may be highly desirable,the article calls for the incorporation of this concern intocontemporary rules, with modest substantive effect, and furtheradvocates a qualified antitrust immunity for "gold-plated" patentsif and when they are introduced.     

Mental illness in the eyes of the law: examining perceptions of stigma among judges and attorneys

In response to the increasing numbers of mentally ill persons placed under the care of correctional institutions, community-based diversion programs have been established to address the unique needs and challenges of this vulnerable population. Given that legal personnel may serve as gatekeepers in placement decisions, and the lack of existing research examining their attitudes toward offenders with mental illness, the present study aimed to evaluate perceptions of dangerousness and treatment need among a sample of judges, prosecutors, and public defenders across the state of Mississippi. While controlling for age, results of a factorial MANCOVA revealed that public defenders, relative to both judges and prosecutors, endorsed more compassionate attitudes about defendants with mental illnesses. Furthermore, political ideology did not significantly influence attitudes toward mentally ill offenders. While judges and prosecutors endorsed more negative stereotypes about mental illness and perceived mentally ill defendants as a greater risk to the community, mean scores across groups suggested moderately positive attitudes overall. Study limitations, implications for correctional mental health providers, and directions for future research are discussed.     

The Curious Attraction of Wagner's Law

Wagner's ‘law of increasing state activity’ has recently been subjected to intensive use of recondite econometric testing procedures. An examination of the relevant articles reveals ignorance both of Wagner's definition of ‘state activity’ and of his insistence that he was not engaged in prediction. Consequently, the omission of public enterprises contained in Wagner's definition leads to a model misspecification and the object of testing his hypothesiss remains obscure.     

Democracy through Time: Identity Politics and Future Generations

Since the 1980s identities have re-emerged as a powerful factor shaping support for specific public policies, often doing so at the expense of prioritising the interests of future generations. Outside the United States a major causal factor has been the declining ability of many political parties to mobilise support for themselves and their policies. Consequently, considerations derived from the past can be at the expense of future citizens. This article analyses two major policies separated by a century—Prohibition in the US and Brexit. With both, the enacted policies featured limited previous public discussion about their likely consequences. Moreover, in both cases it was a ‘hard’ version that would be enacted, even though some supporters had favoured more moderate policy options. While not all policies driven by support from particular identities harm future generations, some do. This results from politicians in public utterances previously being insufficiently focussed in detail on the policy’s consequences.     

Public Sector Governance Reform and the Motivation of Street-Level Bureaucrats in Developing Countries

This article draws on health sector reform in Honduras to examine the mechanisms through which governance reforms shape the behavior of street-level bureaucrats. It combines insights from behavioral public administration with original data from lab-in-the-field workshops conducted with more than 200 bureaucrats to assess the relationship between decentralization and motivation. Findings show strong evidence that motivation, measured as self-sacrifice, is higher among bureaucrats in decentralized municipalities compared with bureaucrats in comparable centrally administered municipalities. Increased motivation is most pronounced in decentralized systems led by nongovernmental organizations compared with those led by municipal governments or associations. Additionally, the evidence suggests that higher motivation is related to changes in the composition of staff rather than socialization or changes among existing staff. Overall, this research helps move beyond indiscriminate calls for decentralization by highlighting the interplay between reform design and bureaucratic behavior, as well as the limitations of governance reforms in motivating more experienced bureaucrats.     

Prevalence and Predictors of Sexual Risks Among Homeless Youth

This study examined prevalence of sexual risks among homeless adolescents and described factors associated with those risks. Community-based outreach methods were used successfully to access this difficult-to-reach population. The sample included 203 homeless youth aged 15–22 recruited from community sites. Questionnaire items addressed demographics, sexual behaviors, alcohol/drug use, STI history and testing, and pregnancy history. In cross-sectional analysis, 58.7% of males and 75.6% of females reported recent sexual intercourse. Of those, one third of males and half of the females used no barrier method with at least one partner. Both gender (female) and race/ethnicity (non-Black) were associated with having intercourse without a barrier contraceptive method. Over one fifth reported a history of survival sex or receiving money, drugs, clothing, shelter, or food for sex. These results show disturbingly high rates of a number of sexual risks, reinforcing the need for targeted interventions with this highly vulnerable population.