The European Commission's Own ‘Preliminary Reference Procedure’ in Competition Cases?

This article considers the implications of the European Commission, as primary administrative enforcer of competition law in the Union, using its own ‘preliminary reference procedure’, through observations in national court proceedings under Council Regulation 1/2003, to minimise the risks of divergent application of EU anti‐trust rules under the decentralised system of enforcement ushered in by that Regulation. It sets the scene with the relationship between the European Commission and national courts in competition law, before describing the relevant provisions of the Regulation and its accompanying Courts Notice. It then discusses the legal nature of the Commission opinion as a Union instrument. Identifying cases where the Commission has offered observations, it assesses the implications of administrative intervention in judicial decision making. It finds that greater transparency is crucial for legitimacy, legal certainty and maximum impact on consistent application.     

In the laboratory of the states: the progress of Glucksberg's invitation to states to address end-of-life choice

It has now been ten years since the Supreme Court handed down Glucksberg and Quill, rulings on laws that forbid "assisted suicide." In that time, normative and legal developments in the fields of law, medicine, and psychology have changed the landscape of the discourse on the choice of a mentally competent, terminally ill individual to choose to self-administer medications to bring about a peaceful death. Although the Court rejected petitioners' claims that state laws denying them the ability to end their terminal illnesses through self-administered medication violated the Constitution, it left states with the opportunity to experiment with legislation that would allow terminally ill individuals the choices they had previously sought through litigation. Oregon's experience with its Death with Dignity Act, which grants terminally ill, mentally competent individuals the choice to end their lives through self-administered medication, has proven that such laws provide comfort not only to those who, faced with the prospect of a horrible death from a terminal illness, choose to end their lives in a peaceful and dignified manner, but also to those to ultimately choose not to. Additionally, Oregon's experience shows that the fears that originally attended the "assisted suicide" debate are unfounded so long as proper procedures are in place. Because Oregon's Death with Dignity Act has proven both useful and harmless, this Article concludes that it is time for other states to follow Oregon's lead and enact their own legislation to allow their citizens an alternative to what otherwise could be a prolonged and painful death from terminal illness.     

Too close to home: Dioxin contamination of breast milk and the political agenda

Both the Canadian and U.S. governments have determined that breast-fed infants are among the populations most exposed to dioxins, receiving levels of exposure orders of magnitude above those considered acceptable. In light of the political controversy associated with dioxins and the cultural significance of breast milk as a symbol of purity, one might have expected dioxin contamination of breast milk to achieve prominence on both the popular and governmental agendas. Yet as this article demonstrates, this issue has received less media and governmental attention than other environmental issues believed to present comparable or lower health risks. Consistent with recent literature on agenda denial strategies, there is some evidence that efforts by environmental groups to publicize levels of breast milk contamination have been rebuffed by government officials, physicians, and breastfeeding advocacy groups fearful that women will stop breastfeeding. However, what is more striking is just how seldom environmentalists have attempted to reframe this issue. The article argues that North American environmentalists have consciously chosen not to press the dramatic issue of breast milk contamination out of concern that mothers would discontinue breastfeeding, as well as personal anxiety about an issue that fundamentally challenges conceptions of our own bodies and our relationships with our children. Their self-restraint challenges the depiction by some authors of environmental groups as eager to capitalize on any opportunity to provoke public concern and outrage to advance their agenda. The case study also suggests that the literature on agenda setting must look beyond active strategies of agenda denial by economically and politically powerful interests, to the role of shared cultural values in shaping – and restricting – the political agenda.     

Urban Pressures and Innovations: Sustainability Commitment in the Face of Fragmentation and Inequality

Local government innovations occur within environments characterized by high service‐need complexity and risk. The question of how broader environmental conditions influence governmental willingness or ability to innovate has been a long‐standing concern within organizational, management, and policy scholarship. Although wealth and education are robust predictors of the propensity to engage in a wide range of local sustainability activities, the linkages among governmental fragmentation, social inequality, and sustainability policies are not well understood. This study focuses on the conditions both within and across city boundaries in urban regions which inhibit adoption of sustainable development innovations. We utilize a Bayesian item response theory approach to create a new scale measuring sustainability commitment by local governments in the United States. The analysis finds service‐need complexity and capacity within local governments' organizational task environments have nonlinear influences on innovation in terms of both green building and social inclusion policy tools.     

Testing an Age-old Adage: Can Autopsy Findings be of Assistance in Differentiating Opioid Versus Cardiac Deaths?

Given the common occurrence of both opioid and cardiovascular deaths, and the concomitant use of opioids in those with cardiac disease, the present study was undertaken to see whether the old adage of using the triad of cerebral and pulmonary edema and bladder fullness to suggest an opioid death could be used to differentiate deaths due to opioid toxicity from deaths due to cardiac disease. Brain weight, lung weight, and bladder fullness were compared among opioid-related deaths, cardiac deaths, and a control population. It was found that opioid-related deaths were more likely to have heavy lungs, a heavy brain, and a full bladder, while cardiac-related deaths had smaller volumes of urine in the bladder and heavier hearts. In conjunction with a thorough investigation, these findings may be useful to forensic pathologists when determining whether a death is opioid-related, especially in the setting of concomitant cardiac disease.     

Optimization of Performance Validity Test (PVT) Cutoffs across Healthy and Non-Referred Clinical Research Samples

Performance validity tests (PVTs) effectively detect suboptimal test performance, but cutoff scores for a given test may differ between populations. This research examines how optimal PVT cutoffs differ in a collegiate research population when mental health and clinical conditions are considered. Healthy controls (n = 328) and non-referred students with self-reported clinical conditions (n = 42) were assigned to perform their best while others simulated ADHD symptoms (n = 123). PVT indices were derived from a stand-alone measure (Victoria Symptom Validity Test) and embedded measures (California Verbal Learning Test – Second Edition; Wechsler Adult Intelligence Scale – Fourth Edition, Digit Span). PVT cutoffs with the highest sensitivity, while maintaining adequate specificity, were identified when the control groups were considered together, and when students with reported clinical conditions were considered separately. Mean differences in PVT performances were found between the simulation group and control groups, but not between clinical and nonclinical controls. The optimized cutoffs differed for five of eight PVT indices when all controls were considered together versus the clinical control group, only. When discordance was observed, cutoffs tended to be lower (less stringent) for the non-referred clinical control group. Together, these optimized cutoffs tended to be more stringent than previously established cutoffs. This study suggests that PVT cutoffs may be responsibly altered in a research context in the presence of a clinical condition. Future research should investigate if PVT classification accuracies can be improved in clinical and forensic samples while considering clinical conditions.     

Citation and marginalisation: the ethics of feminism in Medieval Studies

This article draws on my experience both as a medievalist and as a feminist working in a UK university today to discuss the challenges facing feminist academia more widely. Using Medieval Studies as a case study, this article argues that in times of austerity the pressure on young feminist academics to conform is greater as it is increasingly important to get one's work published in order to stay competitive. This pressure to publish limits intellectual curiosity and forces research down more conventional paths. This article lays out how this functions in Medieval Studies and attempts to suggest some ways in which it could be overcome. One strategy of resistance I suggest entails what I call an ‘ethics of source study’; a way of looking at and responding to both medieval and modern texts with an awareness of their potential effect on the world. I begin by discussing the pressing need to publish work forced upon us by the Research Excellence Framework, and how this drive towards publication can make our work less radical. I then illustrate this with examples from my own discipline. In Medieval Studies, the publication of more articles means that the production of editions is neglected, and this forces scholars to use out-of-date and misogynist editions. Finally, I suggest some ideas of how we can create alternative networks in which feminist academia can survive and flourish, including an outline of what an ethics of source study might look like.     

From the School Yard to the Squad Car: School Discipline,Truancy, and Arrest

Since the 1990’s, implementation of zero tolerance policies in schools has led to increased use of school suspension and expulsion as disciplinary techniques for students with varying degrees of infractions. An unintended consequence of zero tolerance policies is that school suspension or expulsion may increase risk for contact with the juvenile justice system. In the present study, we test how forced absence from school via suspension or expulsion and chosen absence from school (truancy) are associated with the likelihood of being arrested. Using month-level data from 6,636 months from a longitudinal study of delinquent adolescents (N = 1,354; 13.5 % female; 41.5 % Black, 33.5 % Hispanic-American, 20.2 % White), we compare the likelihood of being arrested, within individuals, for months when youth were and were not suspended or expelled from school and for months when youth were and were not truant. Finally, we test if these associations were moderated by stable demographic characteristics (sex, race, age, history of problem behaviors) and time-varying contextual factors (peer delinquency, parental monitoring, and commitment to school). Being suspended or expelled from school increased the likelihood of arrest in that same month and this effect was stronger among youth who did not have a history of behavior problems and when youth associated with less delinquent peers. Truancy independently contributed to the likelihood of arrest, but this association was explained by differences in parental monitoring and school commitment. Thus, school disciplinary action places youth at risk for involvement in the juvenile justice system and this may be especially true for less risky youth.     

Exit, voice, and loyalty in international organizations: US involvement in the League of Nations

Recent challenges to traditional international relations theory have questioned the nature of international organizations (IOs) as agents of powerful state-members and have examined various conduits through which non-state actors can voice their concerns. Yet little work has focused on participation in IOs when a powerful state’s official position contradicts the goals of actors within it. This article examines the archival record of American involvement in the League of Nations’ economic section to explore such a circumstance. I correct the prevailing historical view of American isolationism in the interwar period and argue that participation by advanced, industrial democracies can better be understood as combinations of exit, voice, and loyalty on the part of individual components of state and civil societies.

Sovereignty in the Balance: Claims and Bargains at the UN Conferences on the Environment, Human Rights, and Women

States vary the content and subject matter of their claims to sovereignty. In an analysis of when states invoked sovereignty at recent UN World Conferences on the environment (1992), human rights (1993), and women (1995), the authors revise and extend Litfin's (1997) notion of bargains among components of sovereignty. At the conferences, states invoked sovereignty in debates over cultural and religious values, economics, and increased international accountability. The authors interpret the debates based on how four elements of sovereignty—autonomy, control, and legitimacy in the eyes of other states and nonstate actors—are traded by states through implicit or explicit bargaining. They identify patterns that vary by issue area. The authors argue that nongovernmental organizations as well as other states may legitimate or delegitimate states' sovereign claims. They find that countries of the global South made more sovereignty claims of all kinds than Northern states. And, sovereignty bargains may be struck more easily over power and economics than social values.