The bureaucracy and public policy: Canadian merger policy and the Combines Branch, 1960–71

Abstract. This paper investigates the implications for public policy in general and merger sections of the Combines Act in particular of the hypothesis that bureaus, when carrying out their administrative duties, attempt to maximize their private utility functions rather than the social utility function expressed in the legislation. The analytical procedure, given alternative utility goals of power, prestige, convenience, and security and the appropriate constraints, is to predict the behaviour of the Combines Branch (from 1960–71) and to test these predictions against actual Branch behaviour. The evidence on the Branch's behaviour (all cases prosecuted and discontinued) suggests that its conduct can be better explained by security maximization than by any alternative private or altruistic goal. However, it is not clear that this was a bad thing for public policy because it can be argued that the Branch's behaviour brought public policy in this area closer to the social welfare function implied in the legislation than would have been the case if the government had successfully maximized its private utility function. Sommaire. L'auteur de cet exposé enquête sur les implications, pour la politique publique en général et les articles sur le fusionnement de la loi sur les coalitions en particulier, de l'hypothèse suivant laquelle es bureaux, dans l'exercice de leurs responsabilités administratives, essaient de maximiser leurs fonctions privées plutôt que leur fonction sociale, telle qu'elle est indiquée dans la législation. La procédure analytique, étant donné le choix des buts: pouvoirs, prestige, commodité et sécurité, avec Ies limites appropriées, consiste à prédire le comportement du service chargé des coalitions (de 1965 à 1971) et à vérifier ces prédictions à la lumière de son comportement réel. Les faits relatifs au comportement de ce service (tous les cas amenés en justice et ceux qui ont été abondonnés) indiquent qu'il s'explique plus par une maximisation de la sécurité que par tout autre motif privé ou altruiste. Il ne semble pas cependant que cela ait été néfaste à la politique publique parce que l'on peut argumenter que le comportement du service a fait jouer à la politique publique un rôle plus orienté vers le bien-être social, comme cela était sous-entendu dam la législation, que ce n'aurait été le cas si le gouvernement avait maximisé avec succès sa fonction privée.     

Bibliography

This Bibliography, comprising items noticed between May endAugust 1962, has been prepared with the co-operation of MissRuth Jonts (International African Institute). Unless otherwisestated, thE place of publication is London.     

JOINT CUSTODY AND THE PRESCHOOL CHILD

A longitudinal study of 25 families, with children aged 14 months—5 years, in joint custody, is reported. Varying motivations that lead divorcing parents to undertake and sustain joint custody are discussed, together with the stresses and gratifications of these arrangements for the parents and children. Findings are that where both parents are motivated primarily by interest in the child, where the parenting is sensitive and where the child is shielded from interparental conflict, young children do well. Such families were not the majority in this study. Significant differences emerged in the adjustment of the 1–3 age group as compared with the 3–5 age group which point to greater difficulties for the 3–5 year-olds.     

Civil liability of private security: Enforcer of moral obligations to right legal wrongs

The private security industry in the United States now has approximately twice as many personnel as does the public police. Private Security personnel have authority over the liberty, and sometimes the lives, of customers and employees. Often they exercise this awesome responsibility with little if any background and training. In most instances private security personnel are not considered law officers or peace officers and are, therefore, not bound by the same rules and regulations that apply to public police. More and more frequently, untrained or minimally trained, and basically unqualified security officers are taking actions against customers and employees which are excessive and unreasonable. Without the Constitutional protections which would be available if the act were committed by a public police officer, the only recourse for a private individual against reckless and wanton conduct on the part of private security personnel is a civil action, seeking compensation for the inconvenience caused or injuries received. The courts have found that companies and their security personnel have an obligation to be reasonable in their investigations of suspected criminal violations by employees and customers. Failure to conduct a proper and reasonable investigation will open the individual directing the investigation, and the company authorizing it, to liabililty for the injury their improper actions have caused. Civil liability suits have become the moral enforcer for improper and excessive conduct by private security personnel.     

Blocks of colour IV: the evidential value of blue and red cotton fibres.

Samples of blue and red cotton fibres were examined using light and fluorescence microscopy as well as UV/VIS microspectrophotometry and fluorescence microspectroscopy. The degree of fluorescence and spectral variation was recorded. Particular attention was paid to the recurrence of certain spectral patterns. The importance of spectral information in the UV range is emphasized again. Colour plays a critical role in the comparison of cotton fibres in forensic sciences. Normally, fibres producing spectral patterns that are frequently seen will tend to have a lower evidential value in criminal cases as the choice of putative sources is theoretically greater and vice versa. Besides black cotton, blue and red cotton fibres are very frequent in fibre casework. The very high discriminating power using a combination of light microscopy, fluorescence microscopy and UV/VIS microspectrophotometry shows that even blue and red cotton fibres can provide excellent evidence when involved in fibre transfer cases.     

Sensitive and specific quantification of human genomic deoxyribonucleic acid (DNA) in forensic science specimens: casework examples.

We describe the forensic science application of a method for quantification of human genomic deoxyribonucleic acid (DNA). The two cases cited in this report involve DNA samples extracted from skin tissue and bloodstained clothing recovered from different crime scenes. High-molecular-weight DNA was recovered from both specimens, and the concentrations of these DNAs were estimated to be approximately 0.5 microgram/microL by ethidium bromide/agarose gel electrophoresis. Using the human-specific DNA probe p17H8 (locus D17Z1) to quantify the amount of human genomic DNA in these samples, it is shown that less than 1% of the DNA isolated from the skin tissue is of human origin and that the DNA isolated from the bloodstained clothing is effectively devoid of human DNA sequences. These case examples illustrate the need to quantify not only the total amount of DNA recovered from forensic casework material, but also the proportion of the DNA that is of human origin.     

A survey of the incidence of missing anterior teeth: potential value in bite mark analysis.

Bite mark analysis involves comparison of individual dental characteristics between a dentition and the bite injury. A bite mark injury may result from sexual assault, or physical assault, and defensive injuries, and as such can be used to link a suspect to a victim or vice versa. Missing teeth are one of the characteristics that could implicate or exclude a suspected biter. However frequency data for use by forensic odontologists can only be collated from epidemiological studies. Therefore an audit was undertaken of missing anterior teeth in adult patients (n = 1010) attending for treatment, gathering data that could be more relevant to odontology. One in five of the sample presented with missing teeth that were either replaced with a denture (11%), not replaced (6%) or missing with the gap closed (2%).