From tobacco to health care and beyond--a critique of lawsuits targeting unpopular industries.

The 1998 settlement between state Medicaid agencies and the five major tobacco companies heralded a new form of litigation in which individual or government plaintiffs allied with private class action attorneys use economic, political and moral leverage to extract huge settlements from entire industries. Beginning with several class action suits filed in late 1999 against managed care companies by aggrieved HMO enrollees, and continuing with government suits against the paint and handgun industries, this new form of litigation has become a powerful vehicle for plaintiffs to punish unpopular--but entirely legal--industries. In this Note, the author demonstrates that the popular appeal of these suits conceals legal theories of recovery that probably could not survive courtroom scrutiny. The author argues that the thin legal merits of these class action claims are often tolerated by courts, who urge settlement in order to clear their dockets, and by the industries, who regard settlement merely as a cost of doing business. The author concludes that the tobacco litigation and its progeny encourage citizens and the executive branches of government to seek restitution and fundamental social change in the courts after losing in the legislative arena, thus forcing the judiciary branches into the unwise and improper role of policymaker.     

Free-riding on rent seeking—an empirical analysis

The Common Agricultural Policy is modelled as a club good providing the European Union (EU) farmer with financial benefits. We build an economic model which explains how much farmers in individual EU countries invest in rent-seeking activities in order to test for free-riding behaviour on lobbying costs. For our investigation we group the EU member countries by farm structure, and the type of benefit received. We explain the fees paid by farmers for lobbying by other countries’ fees, political variables, and country and regional agricultural characteristics. The model shows that some member countries free ride on others suggesting a form of policy path dependency.     

Risk Behavior and Family Role Transitions During the Twenties

Family role transitions (marriage and parenthood) were examined in relation to risk behavior (risky driving, substance use, and risky sexual behavior) among 140 people aged 21–28. Being married and having had one or more children tended to be inversely related to reported participation in risk behavior. These relationships appeared to be mediated in part by sensation seeking and religiosity: sensation seeking and religiosity were found to be related to a variety of types of risk behavior, and people who were relatively low in sensation seeking and relatively high in religiosity were more likely to be married and have children. Different types of risk behavior were moderately to highly correlated, suggesting an interrelated syndrome of risk behavior in the twenties. Prevalence rates of risk behavior were consistent with previous studies showing most types of risk behavior to be highly prevalent in the twenties.     

Immunohistochemical staining as a potential method for the identification of vaginal epithelial cells in forensic casework

There is currently no accurate method to identify vaginal epithelial cells uniquely. This study aimed to use a cell extraction procedure compatible with routine forensic sampling methods, and to investigate the expression of cytokeratin (CK), estrogen receptor-alpha (ERalpha), and phosphodiesterase 5 (PDE5) in order to distinguish between skin, buccal, vaginal, and external penile epithelial cells. Seminal fluid samples were also examined. Epithelial cell samples were fixed in formalin, embedded in agarose, and processed using histological methods. Antigen-antibody reactions were detected using the DAKO Envision+ detection system. CK was present in all cells from all five sources confirming the origin of cells as epithelial. Both ERalpha and PDE5 positively labeled vaginal, buccal, and skin epithelial cells. Although an antigen unique to vaginal epithelial cells was not identified, we have described a cell extraction procedure for use in the immunohistochemical detection of a wide range of antigens, an approach compatible with forensic diagnostics.     

Theoretical Foundations for the Design and Placement of Community-Based Treatment Facilities for Juveniles

With deinstitutionalization and community-based treatment of delinquents becoming more common, the need for facilities compatible with re-integration efforts is crucial. In line with the increasing local needs for dealing with juvenile offenders in the community, this paper advocates the use of delinquency theory as the conceptual foundation for the architectural design and placement of community-based alternatives to incarceration. In addition, we present guidelines for the site selection, community acceptance and physical design of a model community-based treatment facility for minor offenders, which are based on a theoretical integration of social control theory and the labeling approach.     

Suffering,Selfish, Slackers? Myths and Reality About Emerging Adults

Many myths about adolescence have been refuted by research, but similar myths have grown up in recent years around emerging adulthood. This essay addresses three of those myths: the claim that they suffer from a normative “crisis”; the accusations that they are “selfish”; and their alleged reluctance to “grow up” and become adults. For each issue, evidence is presented showing that the myths exaggerate or falsify the true experience of emerging adults. Jeffrey Jensen Arnett is Research Professor in the Department of Psychology at Clark University. He is the editor of Journal of Adolescent Research and author of Emerging Adulthood: The Winding Road from the Late Teens through the Twenties (2004, Oxford University Press). He was a postdoctoral fellow under Daniel Offer at Northwestern University Medical School from 1989–1992.