Lawyers' Perceptions of the U.S. Supreme Court: Is the Court a “Political” Institution?

Do legal elites—lawyers admitted to federal appellate bars—perceive the Supreme Court as a “political” institution? Legal elites differentiate themselves from the mass public in the amount and sources of information about the Court. They also hold near‐universal perceptions of Court legitimacy, a result we use to derive competing theoretical expectations regarding the impact of ideological disagreement on various Court perceptions. Survey data show that many legal elites perceive the Court as political in its decision making, while a minority perceive the Court as activist and influenced by external political forces. Ideological disagreement with the Court's outputs significantly elevates political perceptions of decision making, while it exhibits a null and moderate impact on perceptions of activism and external political influence, respectively. To justify negative affect derived from ideological disagreement, elites highlight the political aspects of the Court's decision making rather than engage in “global delegitimization” of the institution itself.     

The changing of the guard: Top management characteristics, organizational strain, and antitrust offending

From within an organizational strain perspective, this paper examines the effects of managerial succession, CEO background, decentralized management, and product dominant strategies on the reported corporate antitrust offending levels of 43 basic manufacturing companies over a 22-year period. In the aggregate, findings suggest that past illegal involvement predicts future offending; companies headed by finance and administrative CEOs have higher offending levels than do firms headed by CEOs from other backgrounds; a turnover in top management generally decreases offending levels; the pursuit of product dominant strategies increases the number of anticompetitive acts; and offending levels are unrelated to whether new leaders are recruited from within or outside the firm, whether the CEO is also Chair of the Board of Directors, or whether management is centralized or decentralized. The effects of some variables on corporate offending interact with firm performance.     

Parallel trade and free trade agreements

Legal context. Free trade agreements seek to remove unjustifiedbarriers to trade. Normally barriers to trade are imposed bystates, such as quotas, tariffs, subsidies and regulatory restrictions.However, sometimes barriers will be imposed by private partiesseeking to prevent parallel trade (arbitrage) of their own products.The aim of this article is to examine the way in which freetrade agreements deal with private barriers to parallel tradeand thus to consider to what extent parallel trade is possiblewithin free trade areas. Key points. The article considers first the situation withinthe European Community, which has long supported parallel tradethrough its provisions on the free movement of goods and competitionlaw, before turning to the approach taken in the Community'sfree trade agreements with third countries. It carries out thesame exercise in relation to the United States and then considershow parallel trade is dealt with by the World Trade Organisation.Finally, as free trade agreements only seek to remove unjustifiedbarriers, it considers possible justifications for the differentapproaches before drawing some tentative conclusions. Practical significance. This article considers the impact whichthe overlap between intellectual property, competition law andtrade law has in relation to parallel trade. As well as reviewingthe current position, which will be of use to businesses andlegal practitioners on both sides of parallel trade, it assessesthe underlying justifications which are relevant to policy makingin this field.     

Topoi in Summa: Virtual Justice as Determinant for Aquinas’ Placement of Law

This study shows the spatial juxtaposition and separation of topics regarding law in Thomas Aquinas’ Summa theologiae. These topics are his treatise on legal structures among morals in its part I-II, and his treatise on legal justice among virtues in its part II-II. This difference in the topics’ placements requires mediation by the virtuality of law, in order to grasp the distances and bridges between the two treatments of law.     

Assessing treatability in mentally disordered offenders

The research literature on the treatability of forensic patients is sparse and fragmented. Employing available studies, we argue for a radical rethinking of treatability within the criminal justice system as a complex predictive task that tests the very limits of clinical competence. Issues that must be addressed in examining treatment needs of mentally disordered offenders include (a) making crosssituational predictions, (b) determining the relationship, if any, between the mental disorder and criminal behavior, and (c) estabilishing the likelihood of treatment compliance, favorable treatment response, and the availability at some future date of recommended interventions.     

SUSPENDING COMMONWEALTH EMPLOYEES WHO ENGAGE IN INDUSTRIAL ACTION

In this note the various powers of the Commonwealth employer to suspend employees engaging in industrial action are examined and the need for the Commonwealth Employees (Employment Provisions) Act 1977' is considered. The legal rights and obligations of the Commonwealth employer and employee regarding suspension rest fundamentally with the contract of employment, but they are commonly modified and supplemented by legislation and industrial awards.