Minimum Alcohol Pricing: Balancing the ‘Essentially Incomparable’ in Scotch Whisky

This note contrasts the approaches taken by the Court of Justice of the European Union and the UK Supreme Court in the high‐profile litigation which preceded the introduction of minimum alcohol pricing in Scotland. The case of Scotch Whisky Association and others v The Lord Advocate and another hinged, ultimately, on the necessity of minimum pricing to achieve important public health goals. The notably differing viewpoints adopted by the domestic and Union courts, however, both illustrate the elusiveness of the proportionality criterion, and expose tensions between domestic and supranational control in the context of internal market regulation.     

THE DOG THAT DIDN'T BARK: HOW PUBLIC MANAGERS HANDLE ENVIRONMENTAL SHOCKS

Do negative budgetary shocks reduce performance in public organizations? If so, by how much and in terms of which criteria? Are public managers able to make internal management choices to limit or eliminate the effects of such shocks? These questions are investigated in a set of hundreds of organizations over an 8‐year period. For the most part, budgetary shocks of 10 per cent or more have only limited or no negative impacts on performance in the short term. The most salient policy objective and production for more disadvantaged clientele are especially insulated from shocks. Decisions about internal resource allocation and personnel management can be shown to protect core production while sacrificing more peripheral activities and capital investment. Questions that remain to be investigated include whether short‐term protection comes at the expense of some longer‐term losses, and—ironically—whether effective management under such circumstances weakens over time the political case for adequate budgets.     

A COMPARISON OF TWO PROSECUTION POLICIES IN CASES OF INTIMATE PARTNER VIOLENCE: MANDATORY CASE FILING VERSUS FOLLOWING THE VICTIM'S LEAD*

Research Summary This study capitalized on differences in domestic violence prosecution policies between two boroughs of New York City. In Brooklyn, arrest cases generally are filed, but in the Bronx, cases typically are not filed when the victim does not want to proceed. We sampled 272 intimate partner cases declined by the Bronx prosecutor and 211 similar cases filed by the Brooklyn prosecutor. The Brooklyn policy is more costly, and most cases ultimately were dismissed. After 6 months, rearrest rates did not differ significantly between the two boroughs, although victims offered qualified support for the universal filing policy. Policy Implications Prosecutors face conflicting pressures when victims do not support prosecution. Victim empowerment and resource conservation favor declining such cases, but sending a message of zero tolerance favors filing. Our results support an intermediate policy of filing most cases but dropping them sooner to give victims a voice while avoiding heavy investments in cases headed for dismissal.