Competitive Liberalization,Competitive Imperialism,and Intellectual Property

Aggressive pursuit of free trade agreements (FTAs) and customs unions (CUs) by major and minor trading powers alike challenges the conventional wisdom in favor of such pursuit – competitive liberalization. An equally plausible explanation for an active bilateral and regional trade agreement policy, one which effectively de-emphasizes multilateralism, may be competitive imperialism. The protection and enforcement of intellectual property rights is one area in which new provisions, going beyond multilateral rules, are being negotiated and written into FTAs and CUs. Such provisions may yield insights into which characterization of bilateralism and regionalism – competitive liberalization or competitive imperialism – is more apt. Rice Distinguished Professor, The University of Kansas, School of Law, Green Hall, 1535 West 15th Street, Lawrence, KS 66045-7577, USA. Tel. +1-785-8649224. Fax. +1-785-8645054. www.law.ku.edu. J.D., Harvard (1989); M.Sc., Oxford (1986); M.Sc., London School of Economics (1985); A.B., Duke (1984). Marshall Scholar (1984-86). Member, Council on Foreign Relations, Royal Society for Asian Affairs, and Fellowship of Catholic Scholars. Author, Modern GATT Law (Sweet & Maxwell 2005), International Trade Law: Theory and Practice (2nd ed. 2000, 3rd ed. forthcoming 2007-08), and Trade, Development, and Social Justice (Carolina Academic Press 2003). I am thankful to my Research Assistant, Mr. David R. Jackson (B.A., George Mason University, 1992; J.D. Class of 2007, University of Kansas), for his indispensable help on this work. I also am grateful to Dr. Mohammed El Said, University of Central Lancashire (UCLAN), for his consistent support and friendship, and for what he has taught and continues to teach me about international trade and intellectual property.     

Adaptation and Appropriation on the Colonial Frontier: Indigenous Leadership in the Colombian Chocó, 1670–1808

This article explores the consequences for the native population of the Colombian Chocó of the emergence, over the course of the eighteenth century, of an elite of caciques and indios mandones or principales whose functions of powers far exceeded those of the warrior chiefs that had traditionally acted as leaders of their people. Appointed for the purpose of facilitating the collection of tribute and the supply of labour to European settlers, caciques and mandones were almost universally rejected by native communities during the early phases of Spanish colonisation (c. 1630–1690), and they disappear from the historical record after Independence. Eighteenth‐century sources, however, not only record the existence of a clearly defined elite of mandones or principales in villages across the region, but show these individuals engaging actively with the colonial authorities, on behalf of their communities, at local and audiencia levels. This article argues that, at a time of a much strengthened European presence in the region, caciques and mandones came to understand their roles in ways that were entirely different from those intended by the Spanish, and in so doing acquired the legitimacy that had eluded their seventeenth‐century predecessors. Far from serving merely as intermediaries between settlers and indigenous populations, indios mandones acted as negotiators on behalf of the indigenous population, whose task was to defend and/or advance the interests of the communities they had been appointed to control.     

PREDICTING WHO REOFFENDS: THE NEGLECTED ROLE OF NEIGHBORHOOD CONTEXT IN RECIDIVISM STUDIES*

Prior studies of recidivism have focused almost exclusively on individual‐level characteristics of offenders and their offenses to explore the correlates of reoffending. Notably absent from these studies are measures reflecting the neighborhood contexts in which individuals live. The current research addresses this shortcoming. Using data on a sample of ex‐offenders in Multnomah County, Oregon (Portland and surrounding area) in conjunction with 2000 census data, we answer two questions. First, which individual‐level factors influence rates of recidivism? Second, to what extent does neighborhood socioeconomic status account for variation in the reoffending behavior of ex‐prisoners that is not explained by their individual‐level characteristics? We find that those who return to disadvantaged neighborhoods recidivate at a greater rate while those who return to resource rich or affluent communities recidivate at a lesser rate, controlling for individual‐level factors.     

Toxicological analysis of a fatal baclofen (Lioresal) ingestion

A fatality following ingestion of the drug baclofen (Lioresal) is described. Baclofen was identified in urine by gas chromatography/mass spectrometry. After derivatization with trinitrobenzene sulfonic acid, baclofen was quantitated in serum and urine by high-performance liquid chromatography. The concentration of baclofen was 17 mg/L in serum and 760 mg/L in urine collected approximately 12 h after the overdose. To our knowledge, this is only the second reported fatality involving a baclofen overdose. The previous case did not include quantitation of baclofen in any biological fluid.     

Has PPS increased Medicare expenditures on physicians?

We use data from 1983 and 1985 on the volume of Medicare physician services to analyze whether Medicare's Prospective Payment System (PPS), which resulted in a significant decline in hospital spending, led to a partially offsetting increase in real expenditures for physician services. We also analyze the effect of increases in assignment rates, increasing incomes of the elderly, and other factors on real expenditures during this period. Our main conclusion is that PPS has at most a small positive effect on real physician expenditures. Because people spent less time in the hospital, Medicare physician spending declined; but because of incentives to shift radiology and other services out of the hospital, some of this decline was offset. We also conclude that the sharp increase in Medicare assignment rates over this period, along with the rising incomes of the elderly during this period, contributed to the observed growth.     

RELATIONSHIP BETWEEN THE OFFENDING FREQUENCY (λ) OF IMPRISONED AND FREE OFFENDERS*

In the public debate over incarceration policy, there is considerable disagreement about what value of individual offending frequency (λ) is appropriate to use in estimating incapacitative effects. This article provides an approach for estimating the mean values of λ for diverse subsets of the total offender population, with particular emphasis on subsets generated by filtering through various stages of the criminal justice system. Sharp differences in offending frequency are displayed between robbery and burglary inmates, across three states, and particularly between resident inmates and free, active offenders. Free offenders average 1 to 3 robberies and 2 to 4 burglaries per year, while resident inmates have λ values 10 to 50 times higher. Differences result from the underlying levels of criminal activity and the sanction Levels that offenders face. A highly heterogeneous distribution of offending frequency in the total population of offenders combines with relatively Low imprisonment levels to lead to substantial selectivity of high-λ offenders among resident inmates and a correspondingly low mean value of λ among those offenders who remain free. These results have important implications for estimating incapacitative effects of an increase in incarceration, since the additional inmates will be drawn from free offenders whose mean λ is at least an order of magnitude Lower than that of the current inmate population.     

"First pass phenomenon" of inhaled gas in the fire victims

We investigated the differences in the levels of carboxyhemoglobin (COHb), cyanide (HCN) and petroleum fuels (gasoline and kerosene) between left and right ventricular bloods from fire victims. COHb was slightly, and HCN and petroleum fuels were markedly higher levels in the left than those in the right. These effects were so called 'first pass phenomena' due to the circulation, diffusion and metabolization before the deaths of fire victims.