EC Competition Policy: Is the Role of the Substantial Part of the Common Market in Determining Jurisdictional Subsidiarity Redundant?

The importance of the principle of subsidiarity lies in its role in drawing the demarcation line between EU and member state responsibility for policy formulation and implementation. In theory, the application of the principle of subsidiarity appears relatively straightforward based on the scale and effects of the action in question. The reality is somewhat more complex, at least in respect of two competition policy instruments—Article 102 EC and the ECMR. At the heart of this complexity is the little understood notion of a substantial part of the common market which, relative to competing jurisdictional subsidiarity tests, can fail to assign cases to the appropriate jurisdiction. This leads to the conclusion that the substantial part test is superfluous as the affects trade criterion and the distinct markets test perform the allocative role more effectively in relation to Article 102 and the ECMR respectively.     

Hyperthermia,Thermal Injuries,and Death from a Forced Convection Heat Source: A Case Report and Experimental Model

Heat‐related deaths of children are most often encountered in the context of enclosed vehicles in summer months. Deviating from this, a 16‐month‐old boy was found unresponsive in a stroller that was placed adjacent to a space heater during mid‐winter. The cause of death was hyperthermia and thermal injuries. Manner of death determination was difficult due to alleged surrounding circumstances. To understand the time‐course of this child's injuries, a child death scene investigation was performed; the stroller and space heater were recovered. In a re‐enactment of the events, a slaughtered pig approximating the child's size was warmed using a water bath and placed in the stroller beside the space heater. Cutaneous temperature measurements showed rapid initial temperature rise with subsequent steady increases. Tanning of the skin was seen on periodic direct observations. Internal temperature monitoring illustrated steady increases. This experiment was essential in classifying the manner of death as homicide.     

Consideration of Risk and Protective Factors for Families at Risk for Child Maltreatment: An Intervention Approach

Child maltreatment is associated with a complex interplay of risk and protective factors. Intervention service decisions for child maltreatment need an empirically-supported approach integrating targeted risk and protective factors. A literature review led to the proposed approach to address the interplay between risk (intimate partner violence; IPV and depression) and protective factors (social support and family resources) to help guide decision-making in home-based prevention services for vulnerable families. This approach suggests that social support and family resources are two pivotal protective factors in buffering against child maltreatment potential, while addressing core risk factors. This approach is consistent with research suggesting that home-based parenting programs should target central risk and protective factors in child maltreatment. Application of this approach can guide training of providers delivering home-based services and support decision-making. Future research is warranted to test this approach in empirically-supported interventions.     

Discordance of Gross and Histologic Findings in Estimating the Range of Fire of Gunshot Wounds

Forensic pathologist use soot and/or stippling surrounding entrance gunshot wounds in categorizing range of fire. If absent, some pathologists suggest utilizing histology when the range is diagnostically critical. This study investigates the concordance of macroscopic and microscopic findings in estimating range of fire by evaluating gunshot entrance and exit wounds made through human tissue analogs at defined distances using two handgun calibers. Examination of over 150 entrance wounds verified the ease of visually detecting soot from a muzzle distance of contact to 1 foot (30.5 cm), and its absence at 9 feet (274.3 cm). Distinctly apparent was bullet wipe surrounding the entrance wounds regardless of muzzle distance. Although variations existed, dark material was histologically identified in many skin, soft tissue, and bone sections at all ranges with both calibers. These nonparallel results decrease the dependability of histology for range of fire estimation and reinforce using gross observation.     

Gas taxes and motor vehicle fatalities

Economists view taxes as a more efficient means of reducing the consumption of a product than regulation. They have therefore suggested raising cigarette and alcohol taxes to reduce the undesirable effects of tobacco and alcohol on the public's health. This essay suggests that a gasoline tax can have similar beneficial influences on reducing highway deaths and injuries. Moreover, if some proceeds of the tax are used to finance mass transit, the regressivity of the tax can be ameliorated.     

The impact of new immigration patterns on the provision of police services in midwestern communities

This was the first study to investigate the effect of new immigration patterns on police-community relations in small midwestern communities impacted by the development of a large food processing plant and subsequent addition of a large Hispanic population. Using a case study approach, multiple sources of data were collected from law enforcement agencies, community/government leaders, and residents in three rural Missouri communities. The findings revealed that the language barrier was the greatest challenge affecting the development of a police-Hispanic community relationship. Fear of the police, immigration issues, and the nature of contacts between the police and the Latino community also had a significant impact on the relationship.     

Contents of Volume 24

Volume Contents

Contents of Volume 24     

Private Damages Actions Under EU Competition Policy: An Exploration of the Ongoing Sea Change in Respect of Such Actions Concerning Articles 101 and 102 TFEU Infringements

The EU has an established history of public enforcement concerning antitrust infringements under what are now Articles 101 and 102 of the Treaty of the Functioning of the European Union (TFEU). Yet, until recently, this has not been true in respect of private compensatory damages actions in relation to the said articles. Hence, these actions are now seen as reinforcing the existing deterrent provided by pubic enforcement fines. This paper focuses upon the ongoing sea change that aims to enable and encourage compensatory damages claims in relation to harm caused by breaches of 101 and 102 TFEU. It reveals that both the Court of Justice of the European Union (CJEU) and the European Commission have played pioneering roles in advancing this sea change. It further asserts that, although the rulings of the CJEU have created a hybrid architecture that makes possible private actions in relation to the said breaches under Member state procedural laws before national courts, the architecture itself is problematic as it fails to guarantee that Member states’ procedural rules have a high degree of uniformity, thereby failing to guarantee a regulatory level playing field across the Union concerning the said damages actions. Moreover, not only is the architecture problematic, but it needed further development in respect of rules and requirements in several key areas, such as the right of evidential disclosure, the limitation period issue, collective redress and the quantification of harm, so as to facilitate and encourage claims. The Commission was aware of these concerns, and this paper explores its response. The issues could have been addressed by the establishment of a set of EU procedural rules which national courts would apply in the said actions but the Commission decided upon a different way forward. Working with the said hybrid architecture, and through the vehicle of the 2014 Directive on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union, the Commission has amended and created rules and requirements which will form part of Member states’ domestic procedural law—and therefore will be applied by national courts—in order to establish a more level regulatory playing field across the Union which should facilitate and encourage private compensatory damages actions for harm caused by EU antitrust breaches. Of course, a more level playing field means that differences will still remain. Moreover, it will be some time before the success of the Directive can be gauged, and further measures may be required in the future.