SHOULD ANTITRUST CONSENT DECREES REGULATE POST-MERGER PRICING?

Competitors proposing to merge sometimes propose price regulationin a consent decree as a condition of receiving merger approval.Antitrust enforcement agencies in the United States have beenreluctant to use such price-regulating decrees, as they sufferfrom practical problems in implementation. It is less recognized,however, that the use of consent decrees to regulate post-mergerprices may be unlawful. Such decrees exceed the scope of antitrustlaw and blur the distinction between the legislative power toregulate prices and the executive power to enforce the antitrustlaws. Despite the willingness of merging parties to accept priceregulation in consent decrees, economic and constitutional considerationscounsel against antitrust enforcement agencies adopting thispractice.     

Policing prostitution in an era of human trafficking enforcement

Prostitution and commercialized vice have been variously prioritized as urban crime problems across U.S. history. In response, lawmakers have historically been guided by a prohibititionst view where people selling, buying or facilitating the sale of sex are considered to be immoral and criminal. In recent years, public concern about the trafficking of persons for sex has reframed prostitution and the expectations of government response. The U.S. federal government and all fifty states have passed legislation that is guided by an abolitionist view of prostitution where people who are forced or coerced to sell sex are redefined as victims. State, county and municipal police officers are now receiving training on how to identify human trafficking cases and investigators are being trained to investigate and prepare cases for prosecution. Despite these efforts under the new legal regime, confusion exists about how sex trafficking differs from prostitution and correspondingly necessitates different types of law enforcement responses. Adding to this complication is the fact that in many major cities the responsibility for identifying and eradicating human trafficking has fallen to the same group of investigators who are responsible for enforcing vice and prostitution laws. As a result, prostitution enforcement is expected to change as police increasingly focus on identifying sex trafficking victims. Using data on police arrests for prostitution from 1980 to 2012, we examine the impact of federal and state anti-trafficking legislation on the local enforcement of prostitution. Our findings inform debate about legal reform as a response to urban crime problems and illustrate the complexities of policy implementation and interpretation.     

‘Stripped Down’ or Reconfigured Democracy

In his later writings Peter Mair expressed strong and ever more urgent concerns over the state of party politics and the future of representative politics itself. This paper uses Mair’s thesis to frame a discussion about the state of our representative system of democracy. It starts by setting out his arguments on party and democratic failure. It then considers the question of whether the evidence supports such a perspective, or whether in fact there are signs of adaptability and change. This in turn leads to a discussion about the reform agenda in established representative democracies, with particular attention to the potential of ‘mini-publics’ in enabling a role for ordinary citizens in debates over constitutional reform. The paper concludes by arguing that this reform agenda provides evidence of democracies being reconfigured rather than stripped down.     

Building better science-policy interfaces for international environmental governance: assessing potential within the Intergovernmental Platform for Biodiversity and Ecosystem Services

This article addresses implementation failure in international environmental governance by considering how different institutional configurations for linking scientific and policy-making processes may help to improve implementation of policies set out in international environmental agreements. While institutional arrangements for interfacing scientific and policy-making processes are emerging as key elements in the structure of international environmental governance, formal understanding regarding their effectiveness is still limited. In an effort to advance that understanding, we propose that science-policy interfaces can be understood as institutions and that implementation failures in international environmental governance may be attributed, in part, to institutional mismatches (sic. Young in Institutions and environmental change: Principal findings, applications, and research, MIT Press, Cambridge 2008) associated with poor design of these institutions. In order to investigate this proposition, we employ three analytical categories—credibility, relevance and legitimacy, drawn from Cash et al. Proc Natl Acad Sci 100(14):8086–8091, (2003), to explore basic characteristics of the institutions proscribed under two approaches to institutional design, which we term linear and collaborative. We then proceed to take a closer look at institutional mismatches that may arise with the operationalisation of the soon to be established Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES). We find that, while there are encouraging signs that institutions based on new agreements, such as the IPBES, have the potential to overcome many of the institutional mismatches we have identified, there remain substantial tensions between continuing reliance on the established linear approach and an emerging collaborative approach, which can be expected to continue undermining the credibility, relevance and legitimacy of these institutions, at least in the near future.     

Role of voice in the legal process*

As communities face unrest and protest because of perceived racial bias and decreased trust and confidence in the criminal justice system, it is critical to explore mechanisms that foster institutional legitimacy. Voice is a central element in the procedural justice framework because it is anticipated to promote process control as well as a shared understanding between institutions and communities. As a concept, however, voice is undertheorized. Measures of voice used in legitimacy research may result in oversimplification of the concept, not fully capturing the struggles disadvantaged people face in trying to exercise influence in the court system. Through the use of rich data from qualitative interviews with youth and families involved in the juvenile justice system and in‐depth observations of juvenile court events, we explore what voice is, the mechanisms through which people try to assert voice, and how voice matters in the legal process. Respondents sought voice for many reasons, including to validate their experiences, to affirm their membership in a community, and to assert concerns about perceived police misconduct. Contrary to traditional conceptualizations of voice as a static event (e.g., having voice or not having voice), voice was a process of negotiating dialogue between court officials and court participants throughout the legal process.     

Administration and service delivery in the SSI program: the first 10 years

This article provides an overview of the administrative structures and processes through which the Social Security Administration delivers its services to Supplemental Security Income (SSI) claimants and recipients. It documents the improvements and adjustments that have been made in the administration of SSI from 1974, when the program began, through 1983, the 10th year of its operation. The first decade of SSI was marked by significant changes that have led to improvements in fiscal responsibility and administrative efficiency for the program. Among the subjects covered are the legislative history of the program, the claims process, posteligibility procedures, underpayments and overpayments, the administrative complexities that have had to be surmounted, and administrative efforts aimed at quality assurance.