Dagher redux: searching for the missing pieces

The most relevant question for any joint venture is, when does the relationship become a jointventure and not simply a price-fixing cartel? With respect to this question, this Article juxtaposes Texaco, Inc. v. Dagher, 126 S. Ct. 1276 (2006), against years of contrary precedent. In Dagher, the Court altered the seemingly settled foundation of antitrust law by changing its view on past holdings and abandoning the ancillary effects doctrine. The Article provides an outline of key holdings prior to Dagher, as well as a discussion of the issues that can arise as joint ventures are formed. Additionally, the authors examine how the decision altered the foundation of joint venture law in the United States. In particular, the Article exposes several important antitrust concerns relating to joint ventures that the Supreme Court did not address in Dagher. Perhaps the most perplexing issue of Dagher is whether the venture at issue would have survived analysis under the Federal Trade Commission's "continuum" approach.     

Performance: Promises to Keep and Miles to Go

In July 1995, the American Society for Public Administration's Endowment Board established the Donald C. Stone Fund to honor the memory of this public administration legend. Income from this fund is used to sponsor a lecture or symposium at ASPA's national conference, which reflects Stone's varied interests and contributions to the field. This year marked the tenth Donald C. Stone Lecture. On April 4, Patricia Wallace Ingraham was ASPA's Stone Lecturer and gave the following speech     

Competency Restoration: An Examination of the Differences Between Defendants Predicted Restorable and Not Restorable to Competency

According to the U.S. Supreme Court's decision in Jackson v. Indiana (1972), examiners must determine if a defendant has substantial probability of regaining competency through treatment in the foreseeable future. Previous research has indicated that, given the low base rate of defendants unable to be restored to competency, examiners are relatively poor at predicting which defendants will regain competency. Determining the characteristics of not restorable incompetent defendants and restorable incompetent defendants is a necessary first step toward improving examiners' ability to predict a defendant's likelihood of regaining competency. This study examined the competency evaluation reports of 468 defendants evaluated for competency to stand trial. Incompetent defendants significantly differed from competent defendants with regard to age, employment status, ethnicity, criminal charges, and psychiatric diagnosis. Few significant differences existed between defendants predicted restorable and those predicted not restorable by mental health examiners—the differences that did exist were related mainly to nonpsychiatric variables.     

A comparison of respiratory symptoms and inflammation in sudden infant death syndrome and in accidental or inflicted infant death

Upper respiratory infection and pulmonary inflammation are common in sudden infant death syndrome, but their role in the cause of death remains controversial. Controlled studies comparing clinical upper respiratory infection and inflammation in sudden infant death syndrome with sudden infant deaths caused by accidents and inflicted injuries (controls) are unavailable. Our aim was to compare respiratory inflammation and upper respiratory infection within 48 hours of death and postmortem culture results in these two groups. A retrospective analysis of upper respiratory infection and pathologic variables in the trachea and lung of 155 infants dying of sudden infant death syndrome and 33 control infants was undertaken. Upper respiratory infection was present in 39% of sudden infant death syndrome cases and 40% of control cases. Upper respiratory infection was more likely to have occurred in association with more severe lymphocytic interstitial pneumonitis when sudden infant death syndrome cases and control cases were combined ( P=.04). Proximal and distal tracheal lymphocytic infiltration was more severe in control cases than in sudden infant death syndrome cases ( P=.01 and.01, respectively). Lymphocytic infiltrations of the bronchi, bronchioles, and pulmonary interstitium were similar between groups. Bronchial associated lymphoid tissue was more prominent in control cases ( P=.04). Cultures were positive in 80% of sudden infant death syndrome cases, 78% of which were polymicrobial. Among control cases, 89% were positive, with 94% being polymicrobial. This study confirms that microscopic inflammatory infiltrates in sudden infant death syndrome are not lethal.     

Evaluation of a multicapillary electrophoresis instrument for mitochondrial DNA typing

Laser-induced detection of fluorescent labeled PCR products and multi-wavelength detection (i.e., multicolor analysis) enables rapid generation of mtDNA sequencing profiles. Traditionally, polyacrylamide slab gels have been used as the electrophoretic medium for mtDNA sequencing in forensic analyses. Replacement of slab gel electrophoresis with capillary electrophoresis (CE) can facilitate automation of the analytical process. Automation and high throughput can be further enhanced by using multicapillary electrophoretic systems. The use of the ABI Prism 3100 Genetic Analyzer (ABI 3100, Applied Biosystems, Foster City, CA) as well as the ABI Prism 310 Genetic Analyzer (ABI 310, Applied Biosystems, Foster City, CA) were evaluated for mtDNA sequencing capabilities and compared with sequencing results obtained on the platform currently in use in the FBI Laboratory (the ABI Prism 377 DNA Sequencer, ABI 377, Applied Biosystems, Foster City, CA). Various studies were performed to assess the utility of the ABI 3100, as well as the ABI 310 for mtDNA sequencing. The tests included: comparisons of results obtained among the ABI 3100, the ABI 310 and the ABI 377 instruments; comparisons of results obtained within and between capillary arrays; evaluation of capillary length; evaluation of sample injection time; evaluation of the resolution of mixtures/heteroplasmic samples; and evaluation of the sensitivity of detection of a minor component with reduced template on the ABI 3100. In addition, other studies were performed to improve sample preparation; these included: comparison of template suppression reagent (TSR, Applied Biosystems, Foster City, CA) versus formamide; the use of Performa DTR Gel Filtration Cartridges (Edge BioSystems Inc., Gaithersburg, MD) versus Centri-Sep Spin Columns (Princeton Separations, Adelphia, NJ) for product purification after cycle sequencing; and sample stability after denaturation. The data support that valid and reliable results can be obtained using either capillary electrophoresis instrument, and the quality of sequencing results are comparable to or better than those obtained from the ABI 377 instrument.     

The Adjustment of Adolescents During the Transition into High School: A Short-Term Longitudinal Study

Although much research exists regarding the transition into junior high school, surprisingly few studies have focused on the move into high school. The present study employed a short-term longitudinal design to assess the adjustment of adolescents as they made the transition from junior high to high school. Changes in adolescents' sense of autonomy, perceived stressors, social support, sense of school membership, grade point average (GPA), and attendance were assessed. Coping strategies were also considered at each time point. Also, because parents who feel better about themselves may offer more support to their adolescents, parents of the adolescents in the study completed measures assessing their stressors and coping mechanisms. Results indicated that the adolescents did experience significant changes during the initial transition into high school that were related to GPA and sense of school membership. Perceived support from parents was also related to adolescents' adjustment to the transition. The study bridges a gap in the literature on school transitions by addressing the transition to high school in light of adolescent and parent variables. Implications for practices by school personnel and future research suggestions are provided.     

Attachment cognitions and college and work functioning two years later in late adolescent women

This longitudinal study of 134 female high school seniors investigated the relationship between attachment cognitions and school and work functioning two years later. School functioning was indexed by interviewer-rated strain, stressful events, academic performance, and self-reported attitudes toward college. Work functioning was indexed by interviewer-rated strain, stressful events, and self-reported attitudes toward work. Attachment cognitions were found to be correlated with school strain, number and stress of school-related events as well as self-reported satisfaction, stress, and problems meeting deadlines. Attachment cognitions were found to be correlated with work strain, work satisfaction, tendency to overcommit, and performance anxiety. Most of these relationships persisted even when initial symptomatology was accounted for. These findings lend support to the hypothesis, derived from attachment theory, that secure attachment cognitions provide a secure base that allows the late adolescent to negotiate the challenges of college and work successfully.This research was supported by a PHS National Research Service Award to the first author, and by a grant from the W. T. Grant foundation to the second.Postdoctoral fellowDoctoral candidate     

Identity and intimacy: An initial investigation of three theoretical models using cross-lag panel correlations

This investigation specified three models regarding the association between identity and intimacy formation and investigated their potential validity using a longitudinal cross-lag panel design. Seventy-one males and 71 females completed identity and intimacy measures on two occasions over a 5-week period. The primary findings are (1) individuals with a clear sense of identity are more likely, 5 weeks later, to have a more advanced sense of intimacy for both sexes when sex-role identification is removed from gender comparisons; (2) sex-role orientation mediates the identity/intimacy association, while for females, a masculine orientation is associated with a pattern similar to that observed for either masculine- or feminine-oriented males; and (3) femininity is associated with a more fused connection between identity and intimacy for females. This report provides an initial investigation studying the identity/intimacy association during late adolescence based on three theoretical perspectives. Theoretical interpretations and conclusions are offered.Partial support for this project was provided by grants to the second author from the Utah State University Agricultural Experiment Station and the Office of Research, Utah State University. Approved as journal paper No. 3917.Research interests are adolescent identity development in the family context, adolescent sexuality, and sex-role development.Research interests focus on personality and social development during adolescence.