The Right to Democratic Participation in Labor Unions and the Use of the Hobbs Act to Combat Organized Crime

The author examines corruption within labor unions and the responses to that corruption with the use of two laws, the Labor-Management Reporting and Disclosure Act of 1959 and the Hobbs Act. While the LMRDA guarantees union members important rights, corruption and the influence of organized crime has severely weakened members’ ability to exercise those rights. The author argues that RICO actions can and should be pursued against those who extort and otherwise violate union members’ rights because the remedies available under RICO are stronger than those available under the Hobbs Act. The author contends that the Hobbs Act should be amended to include allowing actions that violate the intangible rights guaranteed to unions and their members under the LMRDA

The Right to Democratic Participation in Labor Unions and the Use of the Hobbs Act to Combat Organized Crime

The author examines corruption within labor unions and the responses to that corruption with the use of two laws, the Labor-Management Reporting and Disclosure Act of 1959 and the Hobbs Act. While the LMRDA guarantees union members important rights, corruption and the influence of organized crime has severely weakened members’ ability to exercise those rights. The author argues that RICO actions can and should be pursued against those who extort and otherwise violate union members’ rights because the remedies available under RICO are stronger than those available under the Hobbs Act. The author contends that the Hobbs Act should be amended to include allowing actions that violate the intangible rights guaranteed to unions and their members under the LMRDA

Bidder Collusion

Within the heterogeneous independent private values model, we analyze bidder collusion at first and second price single-object auctions, allowing for within-cartel transfers. Our primary focus is on (i) coalitions that contain a strict subset of all bidders and (ii) collusive mechanisms that do not rely on information from the auctioneer, such as the identity of the winner or the amount paid. To analyze collusion, a richer environment is required than that required to analyze non-cooperative behavior. We must account for the possibility of shill bidders as well as mechanism payment rules that may depend on the reports of cartel members or their bids at the auction. We show there are cases in which a coalition at a first price auction can produce no gain for the coalition members beyond what is attainable from non-cooperative play. In contrast, a coalition at a second price auction captures the entire collusive gain. For collusion to be effective at a first price auction we show that the coalition must submit two bids that are different but close to one another, a finding that has important empirical implicationsauctions, collusion, bidding rings, shill

\u3cem\u3eTelford\u3c/em\u3e: Casting Sunlight on Shadow Governments—Limits to the Delegation of Government Power to Associations of Officials and Agencies

This Note engages in three areas of analysis. Part II reviews the case of Telford v. Thurston County Board of Commissioner, which, for the first time in Washington State, confronted the issue of whether associations of state officials or agencies are the equivalent of agencies for purposes of the state Public Disclosure Act. Part III examines the broader implications of Telford: (1) whether the principles in Telford should be applied to other state safeguards and restrictions on government agencies, such as the state Open Public Meetings Act, (2) whether the constitutional requirement of one-person-one-vote should be applied to associations of officials that pass resolutions, lobby, and spend tax funds on political call and (3) whether associations of officials and agencies are the equivalent of agencies, acting as “shadow governments,” doing indirectly what public agencies cannot do directly, and thereby avoiding public accountability. Part IV discusses whether the legislature has allowed the delegation of too much power and whether it should (1) restrict associations of government officials or agencies to narrowly defined, nondiscretionary information activities, and (2) open these associations to more effective public disclosure requirements than those provided in existing law, such as a requirement that all association activity be placed on publicly available Internet sites—an Internet Sunshine Law

In the balance: report of a research study exploring information for weight management

This paper uses findings from a research study called Net.Weight to examine the concepts of interaction, information quality and Internet-based information from the perspective of people engaged in managing their weight. The Net.Weight study was a two-year project funded by the British government 19s Department of Health and located in the city of Brighton and Hove. It examined the potential for increased, innovative and effective uses of information and communication technologies (ICTs) to support the self management of weight. The study had several inter-related research strands and the findings discussed in the paper emerged primarily from participatory learning workshops and evaluative interviews. The paper demonstrates that the interaction between people is an important aspect of the information process, which is often neglected in the literature. It suggests that exploring the user-user dimension might add to the understanding of information effectiveness. It also suggests that an approach to information and health literacy which includes a social as well as an individual perspective is necessary. On quality assessment, it supports findings from other studies that organisational authority is a key measure of reliability for lay users and that quality assessment tools have a limited role in the assessment process. The Net.Weight participants embraced the Internet as a medium for weight management information only when it added value to their existing information and weight management practices and when it could be integrated into their everyday lives

Information to fight the flab: findings from the Net.Weight study

The purpose of the paper is to examine information use and information literacy in the context of weight management. It reports on a two-year study funded by the Department of Health known informally as the Net.Weight Study. Net.Weight examined the potential for increased, innovative and effective uses of information and communication technologies (ICTs) to support the self management of weight. The research was conducted in the city of Brighton & Hove by an inter-disciplinary team from the University of Brighton. The paper gives a brief overview of the various methods used in the study as a whole but discusses one strand, the user survey, in more detail. The survey gathered data on people’s information and ICT use around weight management. The design of the survey questionnaire required the adaptation of existing literacy assessment instruments and this process is described in this paper. The findings show that people use a wide range of information sources for information and support around weight management. The most useful sources are slimming groups, food packaging, friends and family, magazines, TV and health books, thus representing a variety of media, formal and informal, and including human sources. The internet was reported to be a useful source for around half the survey respondents and is most often used for information about diet and exercise. A majority of respondents described themselves as active information seekers and confident about their information skills. They are less confident about internet information than information generally and even less confident about using the internet to support weight management activities. The concept of literacies, particularly around information and health, provide a framework for examining the Net.Weight findings. The findings are discussed in terms of their implications for health information policy and for those interested in applying information literacy theory to health. The role of healthcare practitioners in weight management information is addressed, as is the need for targeted rather than generic health information. It is suggested that the work done in the education sector to increase awareness of information literacy and improve skills could provide a useful model of good practice in a health context. However, the evidence provided by the Net.Weight study suggests that for such an approach to be relevant it needs to reflect the complexity of health information processes in everyday lives

\u3cem\u3eAlsea Valley Alliance v. Evans\u3c/em\u3e and the Meaning of Species Under the Endangered Species Act: A Return to Congressional Intent

This article examines whether the Alsea decision\u27s definition of species is consistent with the Endangered Species Act by examining the language of the ESA and Congressional intent. This article then examines some of the implications of the Alsea decision in the Northwest. Counting hatchery salmon would likely result in the removal of most salmon ESUs from the endangered or threatened list, ending many of the costly restrictions imposed by the ESA. In particular, Part I discusses the ESA provisions and congressional intent regarding the definition of species that is pertinent to understanding Alsea. Part II describes some of the effects of salmon listings in the Northwest. Part III describes the Alsea case, including the history of the Oregon coastal coho ESU listing and the procedural history of the case. Part IV analyzes the court\u27s legal reasoning in Alsea. Finally, Part V considers the implications of the case and the potential structure and outcome of the current NMFS\u27s policy review

\u3cem\u3eAlsea Valley Alliance v. Evans\u3c/em\u3e and the Meaning of Species Under the Endangered Species Act: A Return to Congressional Intent

This article examines whether the Alsea decision\u27s definition of species is consistent with the Endangered Species Act by examining the language of the ESA and Congressional intent. This article then examines some of the implications of the Alsea decision in the Northwest. Counting hatchery salmon would likely result in the removal of most salmon ESUs from the endangered or threatened list, ending many of the costly restrictions imposed by the ESA. In particular, Part I discusses the ESA provisions and congressional intent regarding the definition of species that is pertinent to understanding Alsea. Part II describes some of the effects of salmon listings in the Northwest. Part III describes the Alsea case, including the history of the Oregon coastal coho ESU listing and the procedural history of the case. Part IV analyzes the court\u27s legal reasoning in Alsea. Finally, Part V considers the implications of the case and the potential structure and outcome of the current NMFS\u27s policy review