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.     

Ethnicity, gender, and the Level of Service Inventory-Revised

Offender assessment and classification is becoming an increasingly important part of correctional supervision and intervention. Over the last several decades, several different methods and “generations” of offender classification have emerged. Of most value appear to be third-generation, actuarial, dynamic risk/need assessments. With any new correctional strategy, however, there is a need to investigate the use of these risk/need assessments on offender subgroups in order to inform issues, such as reliability and prevalence of criminogenic risk factors. The present study utilized data that were gathered using the Level of Service Inventory-Revised (LSI-R). Results and comparisons of these assessments were investigated and presented for Native American and non-Native American offenders as well as male and female offenders. Discussion of the results, implications, and recommendations for further research are presented.     

Radiographic demonstration of esophageal and tracheal fistulas at autopsy using a contrasting medium that vulcanizes at room temperature

Esophageal and tracheal fistulas, which occur in 0.05% of medicolegal autopsies, were demonstrated in three cases by a postmortem radiographic technique using silicone rubber/lead oxide as a contrasting medium that vulcanizes at room temperature. In one 83-year-old male, a tracheoesophageal fistula was detected, which had developed after surgical repair of an esophageal rupture caused by a flexible fiberoptic endoscope. In a second case, carcinoma of the esophagus in a 78-year-old male had eroded the trachea and arcus of the aorta creating a fatal tracheoesophagoaortic fistula. In a third case, 55-year-old female developed a tracheobrachicephalic artery fistula as a result of an infiltrating cystic adenocarcinoma of the trachea, resulting in a fatal hemorrhage into the trachea. The results of this study indicate that diagnostic radiologic methods using a vulcanized contrasting medium are useful in supplementing normal dissection in autopsy cases with suspected fistulas of the esophagus or trachea.     

Penal Excess and Surplus Meaning: Public Torture Lynchings in Twentieth-Century America

The most notorious lynchings that occurred in the United States between 1890 and 1940 involved publicity, crowds, ritual, and abnormal cruelty. Several hundred of these "public torture lynchings" took place, most of them in the Deep South. The author develops an interpretation that takes seriously the specific forms and discourses that lynchers and their supporters used to describe and justify these events—characterizing them as criminal punishments, albeit summary, informal ones that were shaped by a white supremacist culture and a politics of racial domination. An interpretation of the penal context and meanings of these public torture lynchings helps us understand their specific forms and their claims to legitimacy. The penal character of these lynchings increased the probability that they would be tolerated by local (and even national) audiences and thus made them a strategic form of violence in struggles to maintain racial supremacy. The author argues that a consideration of these events should lead us to revise our standard narratives about the evolution of modern punishments.     

Christianity and punitive mentalities: A qualitative study

According to David Garland (1990) scholars should be concerned about the cultural foundations of punishment in modern western society, such as religion. To this end, Garland conceptualizes punitive mentalities and sensibilities that provide the cultural support for structural systems ofpunishment. Punitive mentalities are ways of thinking about punishment, whereas punitive sensibilities are ways of feeling about punishment. Garlandsuggests that religious traditions are an important source of punitive mentalities and sensibilities. This research is an empirical analysis ofpunitive mentalities and their cultural roots, using qualitative research.Research questions focus on the following: Are there distinctively punitivementalities? How do punitive mentalities influence the desire for officialpunishment? Data from a previous study (Cook, 1998a) are analyzed here to explore terrains of punitive mentalities within the contexts of Christianity.Findings identify four distinct categories: anti-punitive, non-punitive,retributive and vengeful mentalities where Christian (non)belief systemsare important cornerstones. Respondents in each group have specific desires regarding the state's use of punishments, especially the ``death penalty''.     

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.     

A modification of the microplate method for reverse ABO typing of bloodstains and additional validation studies

The results of additional validation studies of a sensitive microplate hemagglutination assay for ABO reverse grouping of bloodstains are presented. The results of the validation study demonstrate the reliability of the microplate assay for use in routine serological casework. Based on these studies, the microplate assay has now replaced the Lattes crust test for ABO reverse grouping of bloodstains in the FBI Laboratory.