Bundled Discounts, Leverage Theory, and Downstream Competition

Under plausible circumstances, a monopolist in one market canuse its control of prices in that market to force competingdownstream buyers to sign tying contracts that will lever itsmonopoly into another market. Specifically, the monopolist ofthe tying good can place each downstream buyer in a prisoner'sdilemma by offering them more favorable pricing on the tyinggood if they sign a requirements-tying contract covering thetied good. Since a buyer benefits on receiving more favorablepricing on the tying good and the competitors do not, and suffersif the competitors receive more favorable pricing on the tyinggood and the buyer does not, buyers will sign the tying contracteven when they would earn higher profits if they all refusedto sign. This enables a monopolist in one market to inefficientlyexclude an entrant in another market.     

Civil Jurisdiction and Judgments, 4th Edn * Adrian Briggs and Peter Rees, Eds

This fourth edition, three years after the previous edition,overall is approximately 100 pages longer. The cause of thisgrowth is not hard to find; the blame is fairly laid at thedoor of the EU where its Conventions have been revised and re-revisedtime and time again and now the Regulation of the EU's Councilwhich has resulted in a variety of new absurdities having tobe placed on top of the national jurisdictional rules internalto the United Kingdom (and, presumably, to those of each otherMember States of the EU). This was the state of affairs at thetime of the third edition, leading the authors to state in theirintroductory chapter that litigators live, in the language ofthe Chinese curse, in interesting times. It is now three years later and in the fourth edition we haveanother layer     

The legal aspects of corporate computer forensic investigations

The use of computer forensics was previously limited mainly to law enforcement agencies. However, UK organisations are increasingly undertaking computer forensics activities for incidents such as fraud, money laundering, accessing or distributing indecent images, harassment, industrial spying and identity theft amongst others. In this paper we examine the legal aspects of UK corporate computer forensic investigations.     

Oh, Court of Equity!

Oh! Court of Equity, misnamed, where doubt Leads many in; whencefew or none, get out;

These woeful opening lines of a poem‘Court of Chancery’ by a Reginald James Blewittin 1827, was the way he took up the tomahawk, as he termed itin his preface, against a dire national enemy. In practice,in Lincoln's Inn, he found the great delay and ruinous expensesof a Chancery suit had become proverbial. After giving up practicehe found the tranquillity of the park at Fontainebleau moreconducive to overcoming his previous anguished existence withhis verse satirizing the tedium of proceedings, its expenseand the follies and conceits of former colleagues. Former colleaguesare named in     

Homicide and economic change: Recent analyses of the Joint Economic Committee report of 1984

The relation between recession and homicide is classic in the United States. This has been affirmed in the 1976 and 1984 Reports to the Joint Economic Committee (JEC) of the United States Congress. Recent analysis confirms the findings reported in both 1976 and 1984 and demonstrates that the influence of recession on homicide is greater than previously estimated. Differences in the 1976 and 1984 findings on homicide are related to differences in the hypotheses tested, as discussed in detail and highlighted in the 1984 report. JEC staff correctly interpreted and reported the 1984 findings. Reproduction of the 1984 homicide equation is straightforward, provided the same data and any of several standard estimation techniques are used. Evidence does not support any of Cook and Zarkin's claims in their critique of the 1984 homicide equation. The JEC report of 1984 used appropriate techniques in the attempt (a) to ensure that influences attributed to economic changes are not actually due to other social factors and (b) to minimize underspecification of models.     

A Comparison of Forensic and Nonforensic Malingerers: A Prototypical Analysis of Explanatory Models

Explanatory models of malingering strive to understand the primary motivation underlying attempts to feign. Rogers, Sewell, and Goldstein (1994) provided empirical support for the conceptualization of pathogenic, criminological, and adaptational models. In the current study, a prototypical analysis of 221 forensic experts results in a slightly refined formulation: the adaptational model was decomposed into its two broad dimensions (cost–benefit analysis and adversarial setting). An important finding is that the factor structure for the explanatory models remained stable when applied to both forensic and nonforensic cases. As a first investigation, significant differences were observed in prototypical cases of malingering by the category of referral (forensic or nonforensic) and by type of feigning (mental disorders, cognitive impairment, and medical syndromes). Surprisingly, the feigning of medical syndromes appeared to play a relatively prominent role in both forensic and nonforensic cases and to be influenced by the apparent adversarial context of the assessment. Finally, important gender differences were observed, especially with nonforensic prototypical cases of malingering.     

Free press and fair trial: The role of behavioral research

The growth of mass media has complicated the relatioship between the courts and the media. Free press and fair trial rights are kept in balance by the use of judicial restraints and remedies such asvoir dire, change of venue, and gag orders. This balance has shifted back and forth during the past two decades. Current case law and legal codes are inconsistent and provide insufficient guidance to judges in their use of restraints and remedies. Nor is there a body of empirical research on the impact of news coverage and juror behavior capable of informing the courts at this time. In this paper, we review and critically assess the empirical social science literature as it pertains to the legal issues involving free press and fair trial. We argue that carefully conducted empirical research could provide important information to the courts. We suggest research directions and methodological caveats to increase legal relevance and scientific validity.