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131.
The thwarted merger of General Electric and Honeywell standsout, so far, as the only merger between US companies to be derailedsolely by the European anti-trust authorities, while being clearedby the US Department of Justice (DoJ) and 11 other jurisdictions.In this paper, the authors examine the European Commission'sdecision, and the theories underlying it and compare the Commission'sapproach with that followed by the DoJ. They observe that theCommission and the DoJ had a different assessment of broadlysimilar facts, and attempt to understand the source of the divergence.The authors find that (1) the horizontal effects identifiedby the European Commission rely on a particular perspectiveof market definition, which is debatable (and leaves some questionsunanswered); (2) the anticompetitive effects in the bundlingand Archimedean leveraging theories are not sufficiently robustthat they could be presumed (Accordingly, their likelihood shouldbe supported by strong evidence, but the evidence presentedby the Commission was far from compelling); (3) the deal mayhave involved significant efficiencies that were overlooked.These observations raise the suspicion that the Commission'sdecision may have been affected by bureaucratic capture, suchthat civil servants did not follow the mandate that had beenassigned to them. We find that the procedure enforced at thetime was vulnerable to capture and that the Commission had anincorrect perception of the standard of review that the Courtwould apply to its decision in the context of an appeal. Theaccountability to which the Commission felt subject was thusbiased downwards and enlarged the scope for capture. In addition,some (admittedly casual) evidence regarding the actual unfoldingof the procedure, as well as subsequent reforms of process andprocedure undertaken by the Commission, would support the viewthat significant problems arose in this area. 相似文献
132.
Grant Duwe 《Journal of Sexual Aggression》2015,21(1):71-85
AbstractSince the early 1990s, many states in the USA have attempted to control sexual offending and, more narrowly, sexual recidivism by implementing longer prison sentences for sex crimes, sex offender registration and notification, residency restrictions, involuntary civil commitment and lifetime probation and parole. The early 1990s also marked the beginning of a decline in official rates of sexual offending, including sexual recidivism. This study reviews recent research conducted on Minnesota sex offenders in an effort to identify which policies, programmes and practices might have contributed to the drop in sexual recidivism rates that have been observed over the last few decades. By assessing what has, and has not, worked with Minnesota sex offenders, this study discusses how lessons learned from the Minnesota experience may apply to broader efforts within the USA and abroad to control sexual offending. 相似文献
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Legal Treatment of Cohabitation in the United States* 总被引:2,自引:0,他引:2
Cynthia Grant Bowman 《Law & policy》2004,26(1):119-151
This article discusses the variety of ways state legal systems in the United States treat cohabitation, both by same-sex and heterosexual couples. The different approaches are described along a spectrum that ranges from one extreme, under which cohabitants have essentially no rights against one another or against third parties, to the other extreme, under which cohabitants are to be treated as though they were married under state law. Different areas of law are discussed, including the rights of cohabitants both against one another (remedies upon dissolution, inheritance) and against third parties, such as state benefits, tort claims, health-related benefits, and rights concerning children. The article concludes with speculations concerning why the remedies offered to cohabitants in the United States are so limited, as compared with other countries. 相似文献
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The underrepresentation of minorities in higher education evokes a widely shared sense of urgency among educational policymakers. Allan Oster, president of the American Association of State Colleges and Universities, has described the persistent gap between minority and white participation rates as "[o]ne of the most pressing issues facing higher education today" (American Council on Education, 1988b, p. iv). Eliminating the gap and overcoming the other educational inequalities faced by minorities "is not an option, but a necessity; and the need is not eventual, it is immediate" (Massachusetts Institute of Technology, 1990, p. 14). Failure to take timely and decisive action not only threatens the moral and intellectual integrity of higher education as a whole, but our nation's economic well-being (American Council on Education, 1988b, p. 1). As officials at Smith College so eloquently said, "[i]t is no exaggeration to say that the future of the nation and the future of higher education depend on the ability of the educational establishment to become more inclusive" (Smith College, 1989, preamble). 相似文献
139.
Grant D. De Jong M.S. 《Journal of forensic sciences》2014,59(5):1394-1396
Urogenital myiasis of newborn infants, although rare, is usually considered to indicate neglect due to attraction of flies to feces; however, infant feces have not been determined to attract insects. Human meconium and breast‐fed‐infant feces were used to determine attractiveness to insects and to examine subsequent colonization and growth patterns of insect larvae. Despite small amounts of fecal material present, adults of Lucilia sericata arrived at breast‐fed‐infant feces within five minutes; insects were rarely observed on meconium. Oviposition and growth of L. sericata larvae occurred only on breast‐fed‐infant feces; however, the larvae did not progress beyond the second instar. These data suggest that urogenital myiasis by L. sericata in newborn human infants within the first few days postpartum would not be expected, but desiccation and depletion of infested feces may provide a possible pathway for urogenital myiasis in older newborn infants. 相似文献
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