Risking Regulation,Regulating Risk: Lessons from the Transatlantic Biotech Dispute

Debates over the future of new technologies frequently implicate governmental policies and regulation, the purpose of which has traditionally been to mitigate the dangers of new technologies through promotion of conditions of safe use. It is increasingly recognized, however, that regulation is predicated on a particular conception of the nature of risk which may or may not correspond to the views and beliefs held by society. Here I explore three broadly related questions in the context of the debates around agricultural biotechnology. First, what are the implications of varying conceptions of risk for regulatory policy in the United States and in the European Union? Second, what are the implications of differing conceptions of risk and resulting regulatory policy for agricultural trade relations between the two giants of international trade? And finally, what lessons might we draw from contemporary disputes over agricultural biotechnology?     

THE CUSTOMER IS SOMETIMES RIGHT: THE ROLE OF CUSTOMER VIEWS IN MERGER INVESTIGATIONS

Antitrust enforcement officials and practitioners generallyagree that customers should have a prominent role in the mergerreview process. The question of the appropriate level of reliancethat competition authorities and courts should give to customertestimony has been the subject of considerable debate sincethe Arch Coal and Oracle decisions. This paper contains a comprehensivediscussion of the use of customer testimony throughout the U.S.merger review process, from the initial merger notificationfiling to injunction proceedings in federal court. We discussthe benefits from and problems with the use of customer testimony,including how these problems have led to litigation losses forthe U.S. antitrust authorities. What is the appropriate roleof customer testimony and when is it most probative? We contendthat customers can provide investigators and judges with informationregarding several relevant issues in an acquisition, includingindustry structure, geographic and product demand substitution,and acceptance of potential market entrants. In contrast, customerswill have considerably less information relevant to the likelihoodof entry, the extent of any merger-specific efficiencies, andthe validity of a failing firm defense. They will almost neverbe qualified to offer legal conclusions, such as the propermarket definition or likely competitive effects of a proposedmerger. We conclude that courts have generally remained consistentin their reliance on customer testimony, including in the ArchCoal and Oracle cases, and that customer testimony, despiteits limitations, should and will continue to be important ateach stage of the merger review process.     

Relatively Permanent Pigmented or Vascular Skin Marks for Identification: A Pilot Reliability Study

In child sexual exploitation offenses, the collected evidence images often show the skin of nonfacial body parts of the criminals and victims. For identification in this scenario, “relatively permanent pigmented or vascular skin marks,” abbreviated as RPPVSM, were recently introduced as the basis for a novel biometric trait. This pilot study evaluated the interexaminer variability of RPPVSM identification. Four dermatology physicians were recruited to examine RPPVSM from 75 skin images collected from a total of 51 Caucasian and Asian subjects. The images were separated into 50 reference (“suspect”) images and 25 evaluation (“evidence”) images. The examiners were asked to perform identification by annotating RPPVSM in each of the 25 evaluation images and matching them with the reference images. The rate of misidentification was 0% while the mean rate at which examiners failed to find a match was 6%, indicating the potential of dermatology physicians performing the role of RPPVSM examiners.     

Evaluation of portable gas chromatography–mass spectrometry (GC–MS) for the analysis of fentanyl,fentanyl analogs,and other synthetic opioids

Potent synthetic opioids including fentanyl and its analogs are frequently encountered in the field and require detection and identification by first responders to maintain the safety of drug abusers, first responders, health-care providers, and the public at large. Due to the low concentration at which these substances may be encountered and the complicating matrices within which they may be dispersed, the use of portable gas chromatography–mass spectrometry (GC–MS) for their identification in the field offers great potential value. This research established that portable GC–MS is a useful method for the detection and identification of a large number of synthetic opioids, especially fentanyl and its analogs. In this study, 250 synthetic opioids and related substances including 210 fentanyl analogs were analyzed using portable GC–MS. It was concluded that 225 of the 250 (90.0%) opioids analyzed were successfully detected onboard at the time of analysis and identified as either the substance (55.2%) or an analog (34.8%). These outcomes have equivalent benefit for the field analysis of illicit drugs due to both initiating the same subsequent actions by first responders.     

Police interviews with suspected child sex offenders: does use of empathy and question type influence the amount of investigation relevant information obtained?

The use of the criminal justice system to force offenders to receive psychological treatment is one of the most controversial aspects of service provision for offenders. Coerced treatment needs to be distinguished from pressured treatment, both having objective and subjective dimensions. In this paper some arguments for and against coerced offender rehabilitation are discussed. We suggest that coercing offenders into attending rehabilitation programmes (or placing legal pressure on them to attend) is unlikely by itself to lead to poorer outcomes. Rather, the individual's perception of coercion will be more influential in determining how an offender approaches treatment. Even when offenders perceive they are being coerced, it is likely that pre-treatment anti-therapeutic attitudes can change over the course of a programme, such that therapeutic gains (risk reduction) can occur. Coercion and its effects on treatment engagement and rehabilitation outcomes require further empirical research and conceptual analysis.     

Evidence for a heritable brain basis to deviance-promoting deficits in self-control

Purpose

Classic criminological theories emphasize the role of impaired self-control in behavioral deviancy. Reduced amplitude of the P300 brain response is reliably observed in individuals with antisocial and substance-related problems, suggesting it may serve as a neurophysiological indicator of deficiencies in self-control that confer liability to deviancy.

Methods

The current study evaluated the role of self-control capacity—operationalized by scores on a scale measure of trait disinhibition—in mediating the relationship between P300 brain response and behavioral deviancy in a sample of adult twins (N = 419) assessed for symptoms of antisocial/addictive disorders and P300 brain response.

Results

As predicted, greater disorder symptoms and higher trait disinhibition scores each predicted smaller P300 amplitude, and trait disinhibition mediated observed relations between antisocial/addictive disorders and P300 response. Further, twin modeling analyses revealed that trait disinhibition scores and disorder symptoms reflected a common genetic liability, and this genetic liability largely accounted for the observed phenotypic relationship between antisocial-addictive problems and P300 brain response.

Conclusions

These results provide further evidence that heritable weaknesses in self-control capacity confer liability to antisocial/addictive outcomes and that P300 brain response indexes this dispositional liability.     

Early Adolescent Sexual Initiation and Physical/Psychological Symptoms: A Comparative Analysis of Five Nations

Although most people in developed countries experience sexual initiation during adolescence, little is known about inter-country variability in the psychosocial correlates of early initiation. Population-based samples of 15-year-olds (n = 6,111, 52% female) who participated in the Health Behaviors in School-Aged Children Study (Finland, Scotland, France and Poland, 1997/1998) or the National Longitudinal Study of Adolescent Health (United States, 1996) self-reported sexual intercourse experience and physical (headaches, trouble sleeping) or psychological (unhappiness, loneliness, sadness, moodiness) symptoms. Analyses were conducted stratified by gender. Sexual initiation prevalence and symptoms scores varied significantly across nations. In adjusted models, sexual initiation was not related to symptoms among boys in any nation, but significantly positively related to symptoms among girls in Poland and the US. Results support variability by gender and nation in the relationship between adolescents’ sexual initiation and physical/psychological symptoms. Empirically investigating specific features of national contexts that generate these differences should be explored further.