PRICE SQUEEZE: LESSONS FROM THE TELECOM ITALIA CASE

This paper analyzes a price squeeze case in the provision oftelecommunication services to the Italian Public Administration,in which Telecom Italia, the incumbent company, was condemnedfor bidding below costs. We develop the analysis of the casehighlighting the possible anticompetitive story and the alternativecompetitive explanation. We then construct a quantitative imputationtest to verify the alleged anticompetitive behavior. The methodologicalissues and the assumptions needed to implement the test arediscussed in detail, showing their link to a precise test ofthe anticompetitive story. We discuss the reasons why the AntitrustAuthority and our views diverge over the evaluation of TelecomItalia bidding. The role of judicial review in cases with complexeconomic arguments is discussed.     

British women's anti-suffragism and the forward policy, 1908-14

This article reinstates prominent female leaders within the organised opposition to women's suffrage in late Victorian and Edwardian Britain. More specifically, it focuses upon the evolution of a positive, constructive anti-suffragism, labelled the Forward Policy by Mary Ward and other women campaigners who were active in the period leading up to the First World War. These women participated in contemporary citizenship debates through their writings, through their commitment to social action, and through their sometimes problematic relationship with male antisuffragism. The article concludes that women's anti-suffragism deserves closer study in its own right, and through its supporters’ own records, as well in relation to suffragism and the wider women's movement.     

The Demise of ATSIC? Accountability and the Coalition Government

ATSIC has been portrayed by the Coalition government as an organisation that is not financially accountable and, because of this, is not achieving positive service delivery outcomes for Aboriginal people. Drawing on documentary material and fieldwork data, this article argues that ATSIC is indeed accountable and that the Coalition is putting the accountability argument forward as a means of justifying the dismantling of ATSIC. Given the past and recent actions taken by the Coalition, it is unclear how much longer ATSIC will be able to survive in its current form.     

Environmental Insurance: A Risk Management Tool for Real Estate

Traditional risk management tools including contract allocation and reliance upon statutory defenses or government releases can be incomplete, contentious, and costly solutions to address risks associated with environmental liability and cleanup obligations in real estate transfer and property ownership. Such traditional methods leave environmental risk for the interested parties in the real estate transaction to bear over time and bring added new risks to the parties. Environmental insurance transfers all or part of the risk to a third-party insurance company (insurer) that is not a participating party in the transaction, thereby taking insurable environmental risk out of the transaction. Further, environmental insurance can add positive value to the transaction by bringing necessary risk identification and validation, and loss minimization and claims handling expertise to the transaction by virtue of the underwriting and claims management process, and add the financial strength and expertise of a qualified insurer. Insurance is often perceived by lenders, investors, developers, contractors, tenants, and future purchasers as a positive assurance against environmental risk associated with the property, allowing business relationships and financing to proceed more smoothly. In this way, environmental insurance serves as a more comprehensive and complete risk management tool for the real estate transaction and property ownership.     

Differences in suggestibility between 5–6 and 10–11 year olds: The relationship with self confidence

Abstract

Differences in suggestibility and recall between 5–6 and 10–11 year olds were investigated. It was hypothesized that younger children would be more suggestible than older children and that differences in self confidence between older and younger children would influence these differences. It was also predicted that older children would recall more information than younger children, and that this age difference would be less strongly influenced by self confidence. Forty-one 5 and 6 and fifty-six 10 and 11 year olds were interviewed about a video they had witnessed. Several factual and misleading questions were asked, and the percentage of correct answers to the factual questions (to measure recall) and the percentage of incorrect answer to the misleading questions (to measure suggestibility) were calculated. The level of self confidence of the children was measured with six items of the Behavioural Academic Self Esteem Scale (BASE), reflecting self confidence. The outcomes supported the hypotheses: Younger children were more suggestible than older children and this difference disappeared when controlled for self confidence. Older children gave mere information about the event than younger children, and these age differences were, to much less extent, influenced by their self confidence.     

The Intent Behind the Cryptic Concurrence That Provided a Reporter's Privilege

Justice Lewis Powell wrote a concurrence in Branzburg v. Hayes that, despite a majority opinion to the contrary, eventually provided room for journalists to claim a privilege against testifying in grand jury proceedings. For decades, scholars and judges have questioned what Justice Powell meant by his concurrence and whether he, in fact, supported a reporter's right to refuse to reveal confidential information. Justice Powell's personal papers and case files, as well as those of his fellow justices, observations of one of his former law clerks, and oral arguments shed light on the reasoning behind Justice Powell's enigmatic concurrence. This article concludes that Justice Powell supported a qualified reporter's privilege, applied on a case-by-case basis.     

诉讼权利的滥用:程序正义的比较标准

一、APR概述综观各种法律制度,给人总体感觉是:滥用诉讼权利(the Abuse of Procedural Right,缩写为APR)的问题随处可见。但各国并未真正意识到司法中的权利滥用现象,对于APR问题的意义和重要性的认识也未达成统一,那种相信在任何地方都存在能够预防和制裁诉讼权利滥用现象的有效可行的救济方式是没有根据的。有人也许会说,没有一个法律制度完全不关注APR问题,但这只是问题的开始,而不是问题的结束,因为,诉讼权利滥用的形式是多种多样的。实际上,各国的情况大不相同:有些国家,例如法国,明确规定了APR的一般规则并授予法院处罚权〔1…