UNITED STATES V. MICROSOFT: DID CONSUMERS WIN?

United States v. Microsoft and the related state suit filedin 1998 appear to have concluded. In a unanimous en banc decisionissued in late June 2004, the U.S. Court of Appeals for theD.C. Circuit rejected challenges to the remedies specified ina settlement reached in late 2001 and approved by the districtcourt in November 2002. We examine the remedies imposed in theUnited States, in terms of both their relationship to the violationsfound and their impact on consumer welfare. We conclude thatthe remedies addressed the violations ultimately found by theCourt of Appeals (which were a subset of those found by theoriginal district court and an even smaller subset of the violationsalleged, both in court and in public discourse) and went beyondthem in important ways. The remedies imposed appear to havestruck a reasonable balance between protecting consumers againstthe types of actions found illegal, on the one hand, and, onthe other hand, avoiding excessive restrictions that would harmconsumers by restricting Microsoft's ability to compete in pro-competitiveways.     

Indigenous Australians: Language, and the Law

Indigenous peoples face a number of hurdles intaking cases to Australian law courts. In thecase that the social and economic problems canbe overcome, they face problems related to theintellectual structures of the court and thelanguage and philosophical beliefs that thecourt systems are based on. Derrida shows thatWestern metaphysics privileges speech overwriting, and this counts against indigenouscultures in which narrative knowledge is a formof writing. Due to this privileging, there is adifferend involving the courts and indigenouspeoples which makes the achievement of justicedifficult in the legal arena in Australia. Thisarticle questions whether the courts are thecorrect bodies to deal with indigenous issues.The achievement of justice is made moredifficult again by the truth-producing effectsof legal decisions, which render native titleas a weaker form of property right. Finally,indigenous Australians are caught in a catch-22situation, in which in order to receivejustice, they must Westernise their thought toadapt to the court system, and yet not allowany Westernisation of their culture. Such aWesternisation can be forced upon indigenouspeoples by the truth-producing effects oflanguage.     

'The Suffering is Too Great': Urban Internally Displaced Persons in the Casamance Conflict, Senegal

The paper addresses the dearth of studies of displaced peopleliving in urban areas of sub-Saharan Africa through a surveyof a particular group of internally displaced persons (IDPs)created by Senegal's Casamance conflict. They originate in arural area along the Guinea-Bissau border and were displacedinto Ziguinchor, the regional capital, mostly in the first halfof the 1990s. Analysis of survey data reveals the dynamics ofdisplacement and reception, showing how IDPs used pre-existingrural–urban migration chains and social integration processes.The livelihood activities of IDPs are compared with those oftwo other groups who have largely remained in situ: people normallyresident in the periphery of the urban reception area; and peopleremaining in the rural home area. Relative to both groups, IDPlivelihoods are restricted by reduced access to primary productionsites, and IDP livelihood activities are thus more urban-basedeven than those of ordinary townsfolk.     

Analyzing Salvia Divinorum and its Active Ingredient Salvinorin A Utilizing Thin Layer Chromatography and Gas Chromatography/Mass Spectrometry

Abstract:  In recent years, Salvia divinorum has become a major focus by state legislatures throughout the United States looking to prohibit the sale of the psychoactive plant. After researching testing procedures presented in the literature and those employed by crime laboratories throughout the country, it was decided that thin layer chromatography (TLC) and gas chromatography/mass spectrometry (GC/MS) were the methods to use to analyze plant material for salvinorin A. With TLC, salvinorin A was detected from extracted plant material and was easily distinguishable from 13 other Salvia species as well as Cannabis sativa L. (marijuana). When using GC/MS, salvinorin A was best extracted from plant material with chloroform at ambient temperature when using a nonpolar solvent and acetone at ambient temperature when using a polar solvent. By utilizing these techniques, criminalists are now able to confirm the presence of salvinorin A in a submitted plant material suspected to be Salvia divinorum .     

Editorial

When we wrote our 2008 editorial, Britain was in a period ofpolitical flux, namely the wavering popularity of Gordon Brown,the newly installed Prime Minister. Inspired by Brown's dramaticfall from grace during the autumn of 2007, we reflected on thefraught relationship between politicians and the media, onefrom which the former rarely comes out well. As this first issueof 2009 goes to press, the Western world is in the tighteninggrip of a profound economic crisis, one that threatens to developinto a slump on a scale unprecedented since the 1930s. This,at least, is how journalists on both sides of the Atlantic areexcitedly reporting the ‘credit crunch’ and itsaftermath. Most who seek to explain this crisis cite as its root the irresponsible