Defending hospital mergers after the FTC's unorthodox challenge to the Evanston Northwestern--Highland Park transaction

Examining the Federal Trade Commission's retrospective challenge of a hospital merger in Illinois, the author provides an insightful analysis of one of the agency's major antitrust enforcement initiatives in health care in the last several years. Because the case produced several departures from antitrust orthodoxy, these departures may affect the trials of future hospital mergers that are challenged. The author reviews the methodology and evidence of the case, and he identifies theories and best practices that are important for administrators and legal practitioners to implement in future mergers.     

Pornographic exposure over the life course and the severity of sexual offenses: Imitation and cathartic effects

Purpose

Extant scholarship has examined pornography's putative link to the commission of sex crime. Yet, virtually no research speaks to whether an offender's exposure to pornography during many different stages of life elevates the violence of a sex offense. The current study addresses this gap.

Methods

Using retrospective longitudinal data, we systematically investigate the effect of offender pornography exposure during adolescence, adulthood, and immediately prior to the offense on the level of physical injury as well as the extent of humiliation experienced by sex crime victims.

Results

Findings indicate that adolescent exposure was a significant predictor of the elevation of violence—it increased the extent of victim humiliation. Results also suggest a tempering, or cathartic effect of pornography—using pornography just prior to the offense was correlated with reduced victim physical injury. No effects, however, were observed for adult pornography exposure.

Conclusion

Pornography use may differentially influence offenders’ propensity to harm or degrade victims over the life course.     

Stereochemical Analysis of Methorphan Using (−)‐Menthyl Chloroformate

Abstract: Forensic laboratories around the world have seen an increase in the number of drug seizures containing methorphan. Levomethorphan is a narcotic and a controlled substance, and its enantiomer dextromethorphan is an antitussive agent used in over‐the‐counter medications. For the forensic analysis of seized drugs containing methorphan, it is important to report the stereochemical composition of the drug. Ideally, a method based on common forensic laboratory instrumentation is desirable. The use of the chiral derivatizing agent (?)‐menthyl chloroformate followed by routine gas chromatography–mass spectrometry analysis of the derivative was shown to successfully determine the stereochemical composition of methorphan. This approach was applied to a street seizure containing methorphan proving that it was pure dextromethorphan. The derivatives of dextro‐ and levomethorphan were subjected to mass spectroscopic and nuclear magnetic resonance analysis, which confirmed that the structure of the derivatives remained unchanged as a result of the derivatization process.     

Early criminal recidivism among mentally disordered offenders

Criminal recidivism was studied during 2 years in a Swedish population-based cohort (N = 318) of mentally disordered male offenders who had undergone a pretrial forensic psychiatric investigation, been convicted in subsequent trials, and been sentenced to forensic psychiatric treatment (FPT; n = 152), prison (n = 116), or noncustodial sanctions (n = 50). Recidivism was analysed in relation to index sanctions, levels of supervision, diagnoses, and criminological factors. Significantly lower recidivism in the FPT group was related to lower crime rates during periods at conditional liberty in this group alone, and recidivism was significantly more common among offenders with at least one of the two diagnoses of substance abuse disorder and personality disorder than among those with psychotic or other mental disorders alone. Age at index crime and number of previous crimes emerged as significant predictors of recidivism. The results of this study suggest that the relapse rates depend as much on level of supervision as on individual characteristics.     

Salaried lawyers and billable hours: a new perspective from the sociology of work

The work of legal professionals is changing rapidly, but the changes have not yet been thoroughly investigated from the perspective of the sociology of work. This paper draws on a research project that examined the work of solicitors in private practice in Melbourne, Australia. It uses in-depth interviews, results of secondary surveys and other data sources in order to describe the dominant working-time patterns. The evidence points to a common pattern of rigid and demanding schedules, which can be traced back to the indirect pressures exerted by the widespread system of ‘billable hours’. The paper takes up the challenge to examine the operation of this system. We argue that the billable hours system, initially just a technique for billing clients, has been transformed into a tool for measuring and controlling the work of salaried solicitors, through setting of targets, close time recording, careful monitoring, and a supple set of sanctions.     

Good Faith and the Ubiquity of the ‘Relational’ Contract

The judgment of Leggatt J in Yam Seng Pte Ltd v International Trade Corporation Ltd shows the common belief that the English law of contract does not have a doctrine of good faith to be mistaken. That law does not have a general principle of good faith, but its doctrine of good faith, articulated through numerous specific duties, is more suitable for the interpretation of contracts according to the intentions of the parties than a general principle which invites the imposition of exogenous standards. That Yam Seng involved a relational contract does not mean that paternalistic exogenous standards should be imposed. It means that the good faith obligations essential even to a commercial contract of this sort must be implied in order to give efficacy to the fundamentally co‐operative contractual relationship.     

Adolescent self-image as a mediator between childhood maltreatment and adult sexual offending

Purpose

The link between maltreatment and offending has been well established in the literature, with research examining the etiology of criminal behavior consistently documenting the negative effects of experiencing trauma early in life. Theoretically, ideas behind the cycle of violence hypothesis have greatly contributed to our understanding of this connection; however, there is a lack of understanding of the mechanisms underlying this relationship. We address this research gap by examining the mediating role that adolescent mental health, particularly self-image, plays in the relationship between child maltreatment and subsequent adult sex offending.

Methods

We utilize retrospective data from a sample of incarcerated sex offenders at a maximum security penitentiary located in Canada (N = 565).

Results

Results indicate that poor self-image in adolescence partially mediates the relationship between child maltreatment and the extent of sex offending in adulthood.

Conclusions

Implications for research, theory, and policy are discussed.     

Sex industry exposure over the life course on the onset and frequency of sex offending

Purpose

Research has examined pornography use on the extent of offending. However, virtually no work has tested whether other sex industry experiences affect sex crime. By extension, the cumulative effect of these exposures is unknown. Social learning theory predicts that exposure should amplify offending. Separately, the developmental perspective highlights that the timing of exposure matters.

Methods

Drawing on retrospective longitudinal data, we first test whether exposure during adolescence is associated with a younger age of onset; we also examine whether adulthood exposure is linked with greater frequency of offending.

Results

Findings indicate that most types of adolescent exposures as well as total exposures were related to an earlier age of onset. Exposure during adulthood was also associated with an overall increase in sex offending, but effects were dependent on “type.”

Conclusion

There are nuances in the effect of sex industry exposure on offending patterns. Implications of results are discussed.