‘Blue walls,’ ‘grey areas’ and ‘cleanups’: Issues in the control of police corruption in England and Wales

This paper examines issues concerned with police corruption and its control in England and Wales. The topic of defining police corruption is addressed, some current areas of risk are described and anti-corruption strategies, particularly those pursued by the London Metropolitan Police Service (MPS), are examined. What appears qualitatively and quantitatively different in the approach of services such as the MPS and Merseyside Police is the use of an adequately resourced, dedicated anti-corruption unit. This strategy has been buttressed by preventative measures involving management/administration and ethics/training. Dedicated units have been controversial, and preventative measures raise questions concerning evaluation. Nevertheless the approach to corruption bears comparison with that adopted by other major police services in other jurisdictions and represents a break with previous and unsuccessful efforts at corruption control in major police forces in England and Wales.     

Environmental dispute resolution and hazardous waste cleanups: A cautionary tale of policy implementation

New York State experimented with replacing their litigation-oriented system for achieving toxic dump site cleanup with one promising to lower transaction costs through alternative dispute resolution. Our analysis of outcomes is informed by three generations of implementation work focusing on (1) the motivations and incentives shaping individual behavior, (2) the larger organizational and political factors associated with variation across cases, and (3) the generic properties of policy implements. This mosaic approach to explanation produces, we believe, a more lifelike picture of use to policy makers for understanding the dynamic and interrelated nature of their choices.     

Legislation and Maintenance of Public Order and Civil Life by Occupying Powers

Article 43 of the 1907 Hague Regulations is a key provisionof the law of belligerent occupation. This essay examines howit has been understood by states and scholars, how it was developedby the Fourth Geneva Convention of 1949 and whether and howit was respected by the US and the UK during their recent occupationof Iraq. Under Article 43, an occupying power must restore andmaintain public order and civil life, including public welfare,in an occupied territory. Local legislation and institutionsbased upon such legislation must be respected by an occupyingpower and by any local authorities acting under the global controlof the occupying power. This general prohibition to change thelocal legislation also applies to post-conflict reconstructionefforts, including constitutional reforms, and changes of economicand social policies. The author examines the exceptions to theprohibition and assesses whether the widespread legislativeactivities by the occupying powers in Iraq fall under theseexceptions. He then analyses the question of whether the lawof military occupation ceased to apply in Iraq on 30 June 2004.It is also suggested that Article 43 applies to some peace operationsand provides a useful framework even for those peace operationsto which it does not formally apply.     

Threats of Armed Force and Contemporary International Law

Netherlands International Law Review -     

THE CHURCH REPORT'S ANALYSIS OF VERTICAL AND CONGLOMERATE MERGERS: A REPLY TO COOPER, FROEB, O'BRIEN, AND VITA

I respond to concerns raised by James Cooper, Luke Froeb, DanO'Brien, and Michael Vita regarding the analysis of verticaland conglomerate mergers contained in my report to the EuropeanCommission. I address their arguments that the raising rivals'costs literature does not support an aggressive stance on verticalmergers; that market power is a necessary, but not a sufficient,condition for a non-horizontal merger to raise antitrust concerns;and that efficiencies intrinsic to a non-horizontal merger shouldbe treated in the second step of the proposed structured ruleof reason framework.