A mixed-utility theory of vote choice regret

The paper builds upon an original pre- and post-election survey that we conducted before and after the 2015 Canadian election. Directly after Election Day, we asked Canadians for which party they voted, and whether they regret their choice. We find that 39% of them are not perfectly happy with their decision, and 4% even say that they made a bad decision. We show that the propensity to regret can be explained by a mixed-utility theory, whereby voters attempt to maximize a mixture of instrumental and expressive utilities. Our study contributes to the literatures on voting behaviour and political economy, which usually considers that voters are either instrumental or expressive, but not both at the same time.     

THE ATTEMPTED MERGER BETWEEN GENERAL ELECTRIC AND HONEYWELL: A CASE STUDY OF TRANSATLANTIC CONFLICT

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.     

Religious perspectives on umbilical cord blood banking

Umbilical cord blood is a valuable source of haematopoietic stem cells. There is little information about whether religious affiliations have any bearing on attitudes to and decisions about its collection, donation and storage. The authors provided information about umbilical cord blood banking to expert commentators from six major world religions (Catholicism, Anglicanism, Islam, Judaism, Hinduism and Buddhism) and asked them to address a specific set of questions in a commentary. The commentaries suggest there is considerable support for umbilical cord blood banking in these religions. Four commentaries provide moral grounds for favouring public donation over private storage. None attach any particular religious significance to the umbilical cord or to the blood within it, nor place restrictions on the ethnicity or religion of donors and recipients. Views on ownership of umbilical cord blood vary. The authors offer a series of general points for those who seek a better understanding of religious perspectives on umbilical cord blood banking.     

INVISIBLE PARTIES: LISTENING TO CHILDREN

This article discusses how children are involved in family court proceedings in New Zealand. On July 1, 2005, the Care of Children Act 2004 came into force. One of the changes brought about by this Act is an increased expectation that children will participate in proceedings involving them, by the court giving the child a reasonable opportunity to express his or her view. Children may participate in three ways, the primary mechanism being through the lawyer for the child. Children's views can also be elucidated through a specialist report, and direct participation can be achieved through judicial interviews. As each child is different, it is important that the unique circumstances of the case are accounted for. This article will discuss how each of the three methods can be combined to tailor an approach that gives every individual child a reasonable opportunity to express his or her view. There are a number of examples given of this approach in practice, showing how the court has adapted the process to accommodate the child's situation and personality.     

The mainly nameless and faceless dead: an exploratory study of the illicit traffic in archaeological and ethnographic human remains

This paper represents an exploratory study of what is known about the current global trade in human remains, and in particular, specimens from archaeological or ethnographic contexts, regardless of which source countries they derive from and where they are destined. The paper is in four parts. In Part 1, we explain how the analysis of human remains forms an important component of archaeological research, and why looting activity at burial sites prejudice this research. In Part 2 we review the existing and relevant archaeological, ethnographic and criminological literature on the subject while in Part 3 we describe our own research into the online trade in human remains, both licit and illicit. To assess the current global prevalence and distribution of public and private dealers in human remains, keyword searches on common search engines (Google, Yahoo, Bing), and online sites like eBay and Amazon were conducted. In Part 4 we draw some conclusions about our research and point in particular to various policy and law reform issues which require further consideration and study.     

PRICE DISCRIMINATION UNDER EC COMPETITION LAW: ANOTHER ANTITRUST DOCTRINE IN SEARCH OF LIMITING PRINCIPLES?

The main objective of this article is to shed light on the compatibilityof price discrimination with EC competition law. We offer ananalytical framework which distinguishes between different categoriesof price discrimination depending on their effects on competition.Our framework suggests that different tests are needed to assessthe lawfulness of price discrimination practices under EC competitionlaw. A related objective of the article is to show that Article82(c), the main Treaty provision dealing with price discrimination,should only be applied to the limited circumstances where anon-vertically integrated dominant firm price discriminatesbetween customers with the effect of placing one or severalof them at a competitive disadvantage vis-a-vis other customers(secondary line injury price discrimination). In contrast, Article82(c) should not be applied to pricing measures designed toharm the dominant firm's competitors (first line-injury pricediscrimination) or to partition the single market across nationallines.     

The concurrent application of competition law and regulation: the case of margin squeeze abuses in the telecommunications sector

This paper explores the issue of margin squeeze in the telecommunicationssector. It observes that margin squeeze abuses can be addressedthrough ex ante and/or ex post intervention. As far as ex anteintervention is concerned, this paper reviews the various regulatorystrategies that can be used to address margin squeeze beforeconcluding that such conduct has been generally prevented throughprice controls. It then evaluates how wholesale and retail pricecontrol mechanisms can affect the ability and/or incentivesof vertically integrated operators to engage in margin squeeze.As far as ex post intervention is concerned, this paper discussedthe way in which margin squeeze has been addressed under nationaland EC competition law. It then explores several unresolvedissues that emerge from the decisional practice of the competitionauthorities and the case law of the courts. Finally, the paperexplores the interface between competition law and sector-specificregulation and in particular the jurisdictional and substantiveconflicts that it can lead to in the area of margin squeeze.