FORENSIC ECONOMICS: AN INTRODUCTION WITH SPECIAL EMPHASIS ON PRICE FIXING

This paper aims at explaining accepted methods of forensic analysisand how forensic economics is used in the context of competition-lawenforcement. Illustrations are drawn from ancient and modernantitrust cases involving price-fixing allegations. The statedgoal of antitrust laws of most nations is deterrence. Optimaldeterrence requires that cartel penalties be based on multiplesof economic injuries. Yet, antitrust authorities are typicallyreluctant to calculate fines on the basis of damages becauseof perceived analytical challenges or because the fact-finderslack needed economic education. However, reasonable estimatesof damages can often be quickly prepared using simpler methodsthan econometric modeling. More often than not, alternativeestimates of cartel overcharges tend to be mutually supportive.The reluctance of antitrust authorities to base fines on damagesseems to indicate an abundance of caution.     

Decolonising Europe? The Colonial Boomerang

The hidden secret at the core of Michael Haneke's remarkable film of that name is Georges Laurent's denunciation of a young Algerian boy who found refuge on his relatives’ farm after his own parents had perished in the infamous 1961 Paris massacre. In a bizarre return of the repressed, the memory of this betrayal invades and destroys his affluent bourgeois existence forty years later. In this article, I attempt to link this return to the “colonial boomerang” of the suburban revolts of 2005 (and 2007) and the “official” occlusion of past crimes against humanity most clearly shown in the case of Maurice Papon, in which the betrayal of France's Jews and the massacre of Algerian demonstrators merge on the grounds of the Veld'Hiv.     

When Do Ideologies Produce Alliances?

Recent research suggests a conditional relationship between states' domestic regimes or ideologies and their alliances. I argue that the likelihood that alliances will form along ideological lines increases with the fear among at least two governments of ideology I that they are threatened by transnational rival ideology J . Understanding the power of demonstration effects—that when J advances in one country it gains credibility in others— I -governments will have an incentive to enter an international agreement to oppose J domestically. Such domestic-security agreements will exacerbate the security dilemma, raising fears among J -governments that I -governments are forming a bloc directed at J and J -governments. J -governments will tend to respond by increasing cooperation among themselves, inducing corresponding fears among I -governments; the coalescing I - and J -blocs will tend to spiral into alliances. I - or J -governments wishing to avoid ideologically based alliances may signal an absence of rollback intentions through various means. I demonstrate this process of alliance formation with a lengthy case study of alliance formation in the Holy Roman Empire in the sixteenth century.     

Supreme Court Ruling Creates More Standing Room in the Already Heated Global Greenhouse Gas Movement

This article reviews the recent April 2, 2007 Supreme Court decision in the Massachusetts v. EPA, a highly important case regarding greenhouse gases. The case centered on the Court's review of EPA's denial of a petition to regulate greenhouse gas emissions from new motor vehicles. The Court required EPA to reconsider its denial. The Court found that. 1) the petitioners have standing to challenge EPA's denial of their petition; 2) the Court has the authority to review the denial of the petition; and 3) the Clean Air Act authorizes EPA to regulate greenhouse gas emissions from new motor vehicles. This article looks specifically at the Court's analysis of standing and jurisdiction by Justice Stevens, who wrote the Court's majority opinion, and two dissenting opinions by Justices Roberts and Scalia. Most interesting is how the closely divided Justices (5 to 4 decision) viewed, very differently, the issues regarding standing, the evidence that emissions from new motor vehicles are causing global warming and harm to Massachusetts, and the agency's judgment in denying the petition. Lastly, the article speculates on the impact of the decision and the current activities taking place at the state and regulated community level involving future regulation, litigation, and opportunities by various companies and coalitions to reduce greenhouse gas emissions. The article then presents five broad areas where companies that emit greenhouse gases should need to maintain or increase awareness to better position themselves in the global greenhouse gas movement.     

To a hammer, everything looks like a nail

Legal context: Trade mark oppositions are routinely filed by brand owners againstan offending application or registration in either a pre-grantor a post-grant procedure before the respective national trademark office, but in Japan, there are several nuanced trade markopposition practice differences that should not be taken forgranted. Key issues: In light of persisting and recent abysmal trade mark opponentsuccess rates, favourable trade mark invalidation appeal (IA)data, and the inherent procedural handicaps against opponentsin Japan's current trade mark opposition system, Trade markowners would be better served by using Japan's trade mark IAprocedures to police against conflicting trade marks in Japanand not mechanistically file oppositions in Japan as one couldin other important trade mark jurisdictions like the USA orEurope. Practical significance: Japan's trade mark opposition and IA procedures offer complementaryoptions to police against conflicting trade marks so choosingthe right procedure is critical to its achieving the mission'ssuccess in curbing competitors' marks in the world's secondlargest free market economy.     

An investigation into the use of calculating the first derivative of absorbance spectra as a tool for forensic fibre analysis.

A range of fibre samples was measured using J&M MSP400 and J&M MSP800 microspectrophotometers across the visible and UV/visible wavelength ranges respectively. The first derivative of the absorbance spectra was then calculated and studied. When the absorbance spectra produced for some samples were broad and featureless, the first derivative spectra provided more points of comparison that facilitated discrimination. For many of the samples, calculating the first derivative did not result in any additional discrimination due to the high number of points of comparison present in the absorbance spectra. However, for the samples that exhibited a high level of intra-sample colour variation (e.g. through uneven dye uptake common in cotton and wool, etc.), which was evident in the absorbance spectra, the associated first derivative spectra highlighted this variation between the fibres and could potentially have resulted in false exclusions. The results show that whilst calculating first derivative can be a useful aid in the comparison of spectra, a high degree of caution is required when applying this method to fibres which exhibit a large intra-sample variation in colour.     

Trusts and Estates 2006/07 * Matthew Hutton MA (Oxon), Ed.

Matthew Hutton's fifth edition on the taxation of trusts andestates, one of Tottel's core tax annuals presents the law asit was     

Developmental validation of a novel lateral flow strip test for rapid identification of human blood (Rapid Stain Identification™-Blood)

Human blood is the body fluid most commonly encountered at crime scenes, and blood detection may aid investigators in reconstructing what occurred during a crime. In addition, blood detection can help determine which items of evidence should be processed for DNA-STR testing. Unfortunately, many common substances can cause red-brown stains that resemble blood. Furthermore, many current human blood detection methods are presumptive and prone to false positive results. Here, the developmental validation of a new blood identification test, Rapid Stain Identification™-Blood (RSID™-Blood), is described. RSID™-Blood utilizes two anti-glycophorin A (red blood cell membrane specific protein) monoclonal antibodies in a lateral flow strip test format to detect human blood. We present evidence demonstrating that this test is accurate, reproducible, easy to use, and highly specific for human blood. Importantly, RSID™-Blood does not cross-react with ferret, skunk, or primate blood and exhibits no high-dose hook effect. Also, we describe studies on the sensitivity, body fluid specificity, and species specificity of RSID™-Blood. In addition, we show that the test can detect blood from a variety of forensic exhibits prior to processing for DNA-STR analysis. In conclusion, we suggest that RSID™-Blood is effective and useful for the detection of human blood on forensic exhibits, and offers improved blood detection when compared to other currently used methods.     

Sexing of human clavicles using length and circumference measurements

Measurement of clavicular length and circumference, and computation of clavicular robustness and length-circumference product from 724 autopsied adults of known age, sex, and body length between the ages of 15 and 96 years produced useful sex-predictive values. This predominantly North American white population contained 560 males and 164 females with intact, nondeformed clavicles. Clavicle length and circumference and particularly their product have been found useful in sexing, but robustness as a single trait has not. Despite a significant overlap of male and female values, the use of single cutoff values allowed correct sex assignment of up to 93% of the entire study population, including 94% of males and 89% of females. The ratios of body length to clavicle circumference and to clavicle length are on average greater in women than in men. The former ratio yields male predictive values greater than 95% for those individuals with ratios falling below the cutoff value of 43, whereas the latter ratio is a relatively poor sex predictor.