THE CUSTOMER IS SOMETIMES RIGHT: THE ROLE OF CUSTOMER VIEWS IN MERGER INVESTIGATIONS

Antitrust enforcement officials and practitioners generallyagree that customers should have a prominent role in the mergerreview process. The question of the appropriate level of reliancethat competition authorities and courts should give to customertestimony has been the subject of considerable debate sincethe Arch Coal and Oracle decisions. This paper contains a comprehensivediscussion of the use of customer testimony throughout the U.S.merger review process, from the initial merger notificationfiling to injunction proceedings in federal court. We discussthe benefits from and problems with the use of customer testimony,including how these problems have led to litigation losses forthe U.S. antitrust authorities. What is the appropriate roleof customer testimony and when is it most probative? We contendthat customers can provide investigators and judges with informationregarding several relevant issues in an acquisition, includingindustry structure, geographic and product demand substitution,and acceptance of potential market entrants. In contrast, customerswill have considerably less information relevant to the likelihoodof entry, the extent of any merger-specific efficiencies, andthe validity of a failing firm defense. They will almost neverbe qualified to offer legal conclusions, such as the propermarket definition or likely competitive effects of a proposedmerger. We conclude that courts have generally remained consistentin their reliance on customer testimony, including in the ArchCoal and Oracle cases, and that customer testimony, despiteits limitations, should and will continue to be important ateach stage of the merger review process.     

Patterns of entry,professional identity,and attitudes toward crime-related education: A study of criminal justice and criminology faculty

In the field of crime-related education, examination of the characteristics of teaching, research, and institutional differences has recently been a concern. This study examines full-time faculty (N=929) and their patterns of entry, including academic degree held, academic major, past academic and agency experience, and type of institution; and the extent to which differing methods of access are associated with attitudes toward research, scholarship, agency practice, academic collegiality, and orientation toward crime-related study. Dual paradigms seem to exist in crime-related education: one centering on teaching, field practice, and professionalism; the other on research, scholarship, and the more traditional values of academe.     

Ever-increasing circles: A descriptive study of Hampshire and Thames Valley Circles of Support and Accountability 2002–09

Abstract

This paper gives a history of Hampshire and Thames Valley (HTV) Circles, an organisation which recruits, trains and supports volunteer members of the public who are formed into small groups meeting weekly to provide support and monitoring of post-conviction sex offenders (Core Members) in the community. It describes the origins of Circles of Support and Accountability in Canada and gives an account of its implementation in the UK and a summary of the findings of the previous study of the first 16 HTV Circles Core Members in 2006 and some discussion about the challenges inherent in evaluating this kind of community-based and volunteer-led intervention. It describes demographic data on 60 Core Members followed-up for an average period of 36.2 months, including offence and sentence category, treatment history and statistically assessed risk of reconviction. It provides evidence of progress by these Core Members across a range of dynamic risk factors, as well as information on sexual reconviction, recall to prison and dropout from Circles. Three case studies provide details of Circles practice in community risk management of sex offenders. The paper discusses proposed areas of further research into Circles work, as well as the development of new techniques for measuring and managing dynamic risk factors displayed by Core Members in the community.     

Intelligence collection versus investigation: how the ethos of law enforcement impedes development of a US informational advantage

There is an inherent tension between a law enforcement–driven approach and a requirementsdriven approach to intelligence collection. The US experience, with the development of the Federal Bureau of Investigation(FBI), as the primary intelligence service within the domestic environment, suggests that the tension is nearly insurmountable if an organization starts from a reactive, threat-focused posture. As a law-enforcement agency, which US government decision-makers expect to fulfill an intelligence function, the FBI is triply handicapped by the external strictures of the Department of Justice (DoJ); the Bureau’s own policies – which respond to the DoJ parameters; and the FBI’s organizational culture.     

Technology,Reason and Globalisation?—O Brother!

The Coen Brothers' movie O Brother Where Art Thou is a ragbag of intertexts and gags that also pays very serious attention to questions of community and culture, class and race. In tracing the path of the protagonists through De-pression-era Mississippi, it takes its audiences through the experience of social transformation, from superstition and local concerns to a supposedly brave new (global and technological) world. Although the film is set in a distant time and place, it is informed by a very contemporary issue—the politics of technology, and its relation to the forces of globalisation. It is also a film that exemplifies what Certeau describes as the "cleavage which organizes modernity", a cleavage designated by the terms "science" (which is predicated on a law of rationality, and an imperative to explain, control and order) and "culture". We analyse the work of the film by drawing on the writings of Manuel Castells, Arjun Appadurai and Armand Mattelart to trace its explication of the questions of progress and communication in a world increasingly dominated by neo-liberal values.