The use of economic analysis by the Supreme Court in applying the concept of the relevant market

Attention by the courts to what constitutes a market has resulted from litigation enforcement by both the Federal Trade Commission and the Antitrust Division of the Department of Justice, especially in connection with the amended section 7 of the Clayton Act. The termmarket is not mentioned in either the Clayton or the Sherman Acts. What constitutes a part of commerce, a line of commerce, or section of the country has been interpreted by the courts to mean a market. A market in antitrust administration then becomes judicial—a process of interpreting the language of the antitrust statutes.     

我国政府垂直管理的现状、困境与思考

垂直管理由于其在组织结构、领导体制、平衡分权以及加强中央集权方面所发挥的重要职能,从而在我国国家治理过程中发挥了积极的无可替代的作用。然而,由于垂直管理部门组织内部缺乏有效的考核制度、外部缺乏有力的监督机制,导致垂直管理部门与地方政府间矛盾重重,垂直管理混乱。因此,为了进一步深化我国行政体制改革,建设服务型政府,应建立有效的垂直管理部门内部考核机制与外部保障机制,合理界定中央与地方的事权范围,规范垂直管理部门与地方政府间的关系。     

The Effects of Employee Hours-of-Service Regulations on the U.S. Airline Industry

Maximum employee work-hour restrictions are implemented to reduce accidents. However, because they decrease the stock of work hours available to employers in the short run, they may also have detrimental effects. A quasi-experiment suggests that pilot hours-of-service reforms, which decreased the number of flights and hours a pilot may work, reduced consumer choice and increased fares in the airline industry. We find that regional and low-cost carriers reduced scheduled flight frequency, while less constrained legacy carriers (and potentially their wholly owned subsidiaries) were unaffected. Further, we find evidence that market concentration increased on many routes, implying that fare increases may be due to a decrease in competition. These findings suggest a situation where a policy implemented to correct one market failure, airlines not internalizing the full social costs of accidents by allowing dangerously fatigued pilots to fly, exacerbated another market failure by decreasing competition.     

反垄断法中联合限制竞争行为的比较研究

联合限制竞争行为的主体必须为两个或两个以上,且目的在于限制竞争;根据不同的分类法,可将其分为横向与纵向、协议与协同、禁止与豁免等种类;考虑其在经济上既能产生消极效果亦能产生积极效果,因此不能简单适用本身违法原则,有时需通过经济学分析以区别豁免情形;欧美竞争法规制联合限制竞争行为在立法体例、价值目标、执法机制、例外制度方面等均不尽相同;我国反垄断立法应以欧美竞争立法经验为基础,同时体现我国的特色.     

Assessing Public Procurement of Innovation as a Cross‐Domain Policy: A Framework and Application to the Chinese Context

Despite the fact that public procurement of innovation (PPI) has become an increasingly popular policy tool, there has been a lack of holistic approaches to assessing policies promoting PPI. This article attempts to address this gap by proposing a framework which links the multiple levels and aspects related to the design and implementation of PPI policies. By adopting a systemic understanding of “public procurement” as well as “innovation policies,” this article positions PPI as a cross‐domain policy which is inherently a mix of procurement and innovation‐related interventions. The article develops an assessment framework using “vertical coherence” and “horizontal coherence” as criteria. It then illustrates the use of the framework by applying it to PPI policies in China. The framework can aid the conduct of ex ante as well as ex post assessment of PPI policies, which can further inform policy design, implementation, and learning.     

Security sector reform and the challenge of vertical integration

The poor performance of conventional security sector reform (SSR) programming, especially in fragile and conflict-affected states, has led to growing calls for the development of a new generation of reform strategies capable of transcending the state-centrism of earlier approaches and delivering sustainable security dividends to insecure populations. This paper reflects on the challenges of second-generation SSR, with a particular emphasis on the imperatives of reconciling different understandings of ownership, of rendering SSR processes more inclusive, and of acknowledging the realities of non-state security provision. The paper suggests that at its core, SSR is about strengthening state-society relations, and that second-generation SSR will ultimately be judged on how effectively it comes to terms with the argument that genuine and sustainable change can only emerge through an endogenous process of relationship transformation, in which insiders, not outsiders, are the primary agents of change.     

The Financial Crisis Hits Home: Foreclosures and Asset Exhaustion in Boston

This article reviews the depletion of financial assets that families in foreclosure experienced in Boston, Massachusetts. Drawing on 37 interviews with predominantly families of color in foreclosure around the City of Boston between 2007 and 2008, this article suggests that a critical process on the path to foreclosure is asset depletion that leads to asset exhaustion. Asset depletion is the process of using up savings and other liquid and nonliquid investment vehicles to cover day-to-day expenses when income is not enough to do so. In the case of foreclosure, asset depletion to the point of asset exhaustion is motivated by the significance of the home for the family. Even when a family does not lose its home to foreclosure, it loses critical stabilizing financial assets, leaving the family vulnerable to further economic shocks and less likely to achieve upward social mobility. This article explores the process of asset depletion that leads to asset exhaustion in foreclosure and the motivations that drive a family to deplete its assets to the point of exhaustion in foreclosure, providing key insights for policymakers considering the implications of foreclosure for affected families' economic security and social mobility.     

American murder mystery revisited: do housing voucher households cause crime?

This paper reviews the current state of the housing market, particularly in the shadow of the foreclosure crisis, the collapse of the financial system, and persistent unemployment. The authors outline the policy priorities necessary to facilitate the recovery of the housing market in general and to encourage comprehensive revitalization of the hardest hit communities.     

列宁检察垂直领导理论及其实践价值

检察垂直领导理论是列宁检察权思想的精髓和重要组成部分,不仅构筑为苏俄和前苏联时期乃至于当代俄罗斯检察制度的理论基点,而且对新中国成立初期检察制度的建立和检察体制的形成产生了重大影响.我国检察系统曾经两度实行垂直领导体制,但是中国检察制度借鉴列宁检察垂直领导理论的历史实践并不顺畅,最终演化为目前的双重领导体制.在当下中国司法改革的宏观背景下,如何推进检察领导体制的改革是一项重大法治课题.重温列宁检察垂直领导思想及其理论逻辑,对于中国检察体制改革的进一步发展和完善,具有重要的理论借鉴价值和实践指导意义.     

社会和谐关系的哲学思考

和谐是多种元素差异互补的平等统一。自然界的差异以平行性关系为主,人类社会的差异以垂直性关系为主。在社会中互动的主体,形成高低、主次、先后、强弱、左右、内外、我他等七种关系类型。社会和谐状态的出现,需要秉持“和而不同、异而兼美、互利共赢、各擅胜场”的基本态度,遵循同情理解、真诚沟通、平等对话、互补共赢、自由选择的行动性原则,摒弃各种不“和谐”的错误文化。