Selecting a Remedy for Private Racial Discrimination: Statutes in Search of Scope

Racial discrimination in the United States has been effectively attacked in both the legislatures and the courts for over a hundred years. Enslavement of blacks in the American South prompted adoption of the thirteenth amendment and the Reconstruction Civil Rights Acts enacted pursuant to the amendment’s enabling clause. These laws sought primarily to elevate the status of the black freedman by granting him rights equal to those enjoyed by white citizens. The most far-reaching of these statutes is 42 U.S.C. § 1981, derived from the Civil Rights Act of 1866, which insures to all persons the same right to make and enforce contracts. This Comment shall attempt to evaluate section 1981’s proper place in the enforcement of civil rights by examining whether section 1981 was intended to benefit whites as well as blacks, the propriety of asserting a section 1981 claim without first seeking recourse under Title VII, and the effect of section 1981 actions by white plaintiffs upon the power of the district courts to impose “affirmative action” decrees

Of Cherries, Fudge, and Onions: Science and Its Courtroom Perversion

The thesis of this article is that the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.\u27s focus on the scientific method, however rigorously applied, invites certain classes of abuses. There are instances in which evidence can be made to look more scientific by a process that in fact and substance makes is utterly unscientific

NEW ESTIMATES OF WELFARE AND CONSUMER LOSSES IN U.S. FOOD MANUFACTURING

In the past 15 years, industrial-organization economists have significantly expanded the range of algorithms for calculating welfare losses due to imperfect competition. We compare eleven empirical estimates of economic losses due to market power in 47 U.S. food manufacturing industries, almost all of them previously unpublished. Each of the studies incorporate different theoretical assumptions about demand conditions, supply conditions, or industry pricing behavior; or they utilize various data sources, time periods, and assumptions about the proper competitive benchmark. The estimates of average allocative losses due imperfect competition range from 0.2 percent to an impossibly high 289 percent of industry output; consumer losses range from 6.0 percent to 816 percent. However, there is a high degree of congruence in the rankings of economic losses due to market power. Hence, from the perspective of antitrust enforcement, the choice of industry targets has not been greatly altered by advances in estimation techniques.Agribusiness,

MARKET-STRUCTURE DETERMINANTS OF NATIONAL BRAND-PRIVATE LABEL PRICE DIFFERENCES OF MANUFACTURED FOOD PRODUCTS

This paper estimates the relationships between market structure and the Lerner index of monopoly constructed from price data on processed food products sold through grocery stores. A theoretical model of a differentiated oligopoly specifies two determinants of price-cost margins: the Herfindahl-Hirschman index of seller concentration adjusted for the elasticity of demand and the industry advertising-to-sales ratio. The results indicate that the three principal determinants of price-cost margin variation, in order of their impacts, are: advertising intensity, elasticity of demand, and concentration. Previous structure-performance studies that did not incorporate the elasticity of demand were probably misspecified.Agribusiness, Demand and Price Analysis,

Control of Networked Multiagent Systems with Uncertain Graph Topologies

Multiagent systems consist of agents that locally exchange information through a physical network subject to a graph topology. Current control methods for networked multiagent systems assume the knowledge of graph topologies in order to design distributed control laws for achieving desired global system behaviors. However, this assumption may not be valid for situations where graph topologies are subject to uncertainties either due to changes in the physical network or the presence of modeling errors especially for multiagent systems involving a large number of interacting agents. Motivating from this standpoint, this paper studies distributed control of networked multiagent systems with uncertain graph topologies. The proposed framework involves a controller architecture that has an ability to adapt its feed- back gains in response to system variations. Specifically, we analytically show that the proposed controller drives the trajectories of a networked multiagent system subject to a graph topology with time-varying uncertainties to a close neighborhood of the trajectories of a given reference model having a desired graph topology. As a special case, we also show that a networked multi-agent system subject to a graph topology with constant uncertainties asymptotically converges to the trajectories of a given reference model. Although the main result of this paper is presented in the context of average consensus problem, the proposed framework can be used for many other problems related to networked multiagent systems with uncertain graph topologies.Comment: 14 pages, 2 figure

THE JUNCKER COMMISSION: An Early Assessment

This paper offers an early evaluation of the European Commission under the Presidency of Jean-Claude Juncker, following his contested appointment as the so-called Spitzencandidat of the centre-right after the 2014 European Parliament (EP) election. It confronts questions including: What will effect will the manner of Juncker’s appointment have on the perceived legitimacy of the Commission? Will Juncker claim that the strength his mandate gives him license to run a highly Presidential, centralised Commission along the lines of his predecessor, José Manuel Barroso? Will Juncker continue to seek a modest and supportive role for the Commission (as Barroso did), or will his Commission embrace more ambitious new projects or seek to re-energise old ones? What effect will British opposition to Juncker’s appointment have on the United Kingdom’s efforts to renegotiate its status in the EU? The paper draws on a round of interviews with senior Commission officials conducted in early 2015 to try to identify patterns of both continuity and change in the Commission. Its central aim is to assess the meaning of answers to the questions posed above both for the Commission and EU as a whole in the remainder of the decade