Urea formaldehyde foam insulation: defusing a timebomb

With the onset of the energy crisis in the 1970's, thousands of homeowners insulated their homes with Urea Formaldehyde Foam Insulation (UFFI). The discovery that UFFI releases formaldehyde, a carcinogen and irritant, prompted various state and federal responses to this problem. This Note reviews those responses and concludes that a ban on the sale of UFFI, coupled with a removal and repurchase program, is the most effective solution from the standpoint of consumer health.     

The impact of general versus specific expert testimonyand eyewitness confidence upon mock juror judgment

Subjects (n=128) initially viewed an eyewitness of high or low confidence. Subsequently, participants viewed a psychologist who gave either espert testimony on the unreliability of eyewitness identification, specific expert testimony, or no expert (control) testimony. Subjects viewing expert testimony believed the eyewitness identified the gunman significantly less often, gave the defendant lower guilt ratings, estimated a lower general percentage of correct identifications under similar circumstances, estimated a lower percentage of general accurate eyewitness testimony, and gave significantly lower ratings to the belief that one can generally tell from eyewitness confidence whether an eyewitness is accurate than subjects in control conditions. Significant differences were also obtained between general and specific expert testimony. Participants viewing specific expert testimony estimated lower general percentages of correct identifications under the circumstances of the crime and reported relying more upon the psychologist's testimony than subjects viewing general expert testimony. Additionally, subjects viewing general expert testimony had significantly less confidence in their gunman vs. innocent person decision than subjects in specific testimony or control conditions. Subjects who viewed the high confidence eyewitness decided that the eyewitness correctly identified the gunman more often, gave the defendant higher guilt ratings, and estimated the general percentage of accurate eyewitness testimony to be significantly higher than jurors in low eyewitness confidence groups. The finding that jurors may continue to rely on eyewitness confidence to gauge the accuracy of the witness even after viewing expert testimony is discussed.     

The WTO's First Antitrust Case - Mexican Telecom: A Sleeping Victory for Trade and Competition

A World Trade Organization (WTO) dispute panel has decided theWTO’s first antitrust case. It resolved the matter infavour of the United States’ claim that Mexico had anticompetitivelyfacilitated exploitative prices and a cartel that raised theprice of terminating cross-border telephone calls in Mexicoand thereby harmed trade and competition. The case is Mexico– Measures Affecting Telecommunications Services (April2004) (‘the Mexican telecom case’). This essay arguesthat if the WTO’s antitrust clause was in fact triggered(which is a point of contention), Mexico’s conduct violatedits obligations. Furthermore, it argues that the GATS antitrustobligation in the telecommunications sector should be acknowledgedas occupying an important place at the intersection of trade,competition and industrial policies. Antitrust law is the otherside of the coin of liberal trade law. Antitrust law opens marketsby prohibiting private and other commercial restraints, whiletrade law opens markets by prohibiting public restraints. BeforeMexican telecom, no legal discipline was regarded as copiousor flexible enough to address combined public and private restraints.In particular, nations were allowed free rein to privilege nationalchampions that harmed competition in and out of their country,imposing costs on outsiders as well as on their own people.A positive reading of the antitrust clause helps to fill thegap.     

Reviews

John Miller, Mikhail Gorbachev and the End of Soviet Power. Basingstoke: Macmillan, 1993, xviii + 267 pp., £45.00 h/b, £13.99 p/b.

Geoffrey A. Hosking, Jonathan Aves & Peter J. S. Duncan, The Road to Post‐Communism. Independent Political Movements in the Soviet Union, 1985–1991. London and New York: Pinter Publishers, 1992 x + 236 pp., £37.50 h/b, £12.99 p/b.

Sheila Fitzpatrick, The Cultural Front: Power and Culture in Revolutionary Russia. Ithaca, NY: Cornell University Press, 1992, xx + 264 pp., $41.50 h/b, $13.95 p/b.

Ian Jeffries, Socialist Economies and the Transition to the Market: A Guide. London: Routledge, 1993. 562 pp., £70.00 h/b, £19.99 p/b.

William M. Reisinger, Energy and the Soviet Bloc: Alliance Politics after Stalin. Ithaca, NY and London: Cornell University Press, 1992, xiii + 184 pp., $37.95.

Joan DeBardeleben, ed., To Breathe Free: Eastern Europe's Environmental Crisis. Washington, DC: Woodrow Wilson Center Press, and Baltimore, MD: Johns Hopkins University Press, 1991, xviii + 266 pp., £25.00 h/b, £9.50 p/b.

Donald D. Barry, ed., Toward the ‘Rule of Law’ in Russia? Political and Legal Reform in the Transition Period. Armonk, NY and London: M. E. Sharpe, 1992, 402 pp., $90.00.

Anna Lawton, Kinoglasnost: Soviet Cinema in Our Time. Cambridge and New York: Cambridge University Press, 1992, xvi + 288 pp. £35.00 h/b, £13.95 p/b.

David Pike, The Politics of Culture In Soviet‐Occupied Germany 1945–1949. Stanford, CA: Stanford University Press, 1993, 691 pp., $ 55.00.

Alec Nove, ed., The Stalin Phenomenon. London: Weidenfield & Nicolson, 1993, 216 pp., £25.00 h/b.

M. B. Broxup, ed., The North Caucasus Barrier: The Russian Advance Towards the Muslim World. London: Hurst, 1992, xxvii + 252 pp., £27.50.     

Health policy and ERISA: interest groups and semipreemption

This paper is a history of the health policy results of the Employee Retirement and Income Security Act of 1974, particularly section 514, which preempts state laws "which relate to any employee benefit plan" but permits states to continue to regulate the business of insurance. This history exemplifies how health policy is often made outside conventional arenas. On the basis of published primary sources and interviews with a number of key participants, the paper describes how interest groups which rarely act together coalesced to create and sustain semipreemption and its effects on state and federal health policy. The paper concludes with an assessment of recent state legislative efforts to address the problems created by ERISA semipreemption. The ironical results of semipreemption occurred because of the absence of a coalition of interest groups that was sufficiently strong to resolve the fundamental questions raised by our commitment to linking health insurance to employment.     

The Politics of National Recognition: Honouring Australians in a Post‐Imperial World

The announcement in January 2015 that Prince Philip had been chosen to receive an Australian knighthood (an honour which itself had been controversially revived the previous year) sparked a fury of debate about honours, and about the continuance of a British connection in Australia's national life. Such debates were not new, echoing earlier arguments about honours as a national or imperial symbol. Through two related case studies — the Australian honours system and the Australian of the Year award — this article explores the politics of national recognition in 1970s and 1980s Australia. We consider both the politics involved in the creation and alteration of awards by which individual achievement and service are recognised by the nation, and the politics involved in imagining and recognising an Australian nation as expressed in those awards. We argue that these two institutions were more than a means to acknowledge hard work or sacrifice; they were also significant sites for contests over the nature of Australia's post‐imperial identity.