scholarly journals Criminal-legal protection of competition in the United States

2020 ◽  
pp. 30-43
Author(s):  
Anna Danilovskaia
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Legal Protection ◽  
The United States ◽  
Criminal Code ◽  
Scientific Activity ◽  
Educational Process ◽  
Unfair Competition ◽  
Judicial Practice ◽  
Antitrust Legislation

The subject of this research is the legislation and law enforcement in the area of criminal-legal protection of competition in the United States. The questions of counteracting encroachment upon competition alongside protection of rights of economic entities and consumers in case of unfair competition are one of the most relevant in the world. According to separate assessment, the U. S. antitrust legislation is recognized as most efficient. Its establishment, development, and application contributed to emergence of the generally accepted principles of protection of competition, such as per se and the rule of reason. Modern approaches towards restraint of violation of antitrust legislation determined the new trends in development of both, normative acts and judicial practice. Criminal legal protection of competition in the United States is characterized by strict prohibitions, high sanctions, presence of criminal-procedural authority of Antitrust Administration of the U. S. Ministry of Justice, as well as program of mitigation of responsibility for cartels. The goal of study lies in the analysis of legislation and law enforcement in the area of protection of competition in the United States for assessing the existing experience. The novelty consists in proposal of the author to take into account the U. S. experience with regards to countering encroachment upon competition, which can be valuable particularly in revision of the Article 178 of the Criminal Code of the Russian Federation, improvement of the program of mitigation of responsibility for cartels, systematization of the compositions of crime related to unfair competition, cooperation of anti-monopoly agencies and law enforcement authorities. The research results can be used in the work of Federal Anti-Monopoly Service, as well as educational process and scientific activity.

Judicial judgment of ‘Malicious Incompatibility’: based on the study of Chinese judicial practice

2020 ◽  
Vol 10 (3) ◽  
pp. 376-391
Author(s):  
Zhe Wang ◽  
Yifan Lin ◽  
Yajing Zhour
Keyword(s):  
United States ◽  
Competition Law ◽  
The United States ◽  
Unfair Competition ◽  
The Internet ◽  
Internal Logic ◽  
Judicial Practice ◽  
Unfair Competition Law ◽  
Value Measurement ◽  
Laws And Regulations

How to judge the formation of Malicious Incompatibility is a problem that cannot be circumvented and is difficult to solve in the trial of new types of unfair competition on the Internet. Although the revised Anti-Unfair Competition Law explicitly stipulates Malicious Incompatibility as unfair competition, it fails to provide a clear set of judgment criteria. Germany and the United States have respectively developed complete laws and regulations and created judgment rules to deal with new unfair competition disputes arising in the development of the Internet, providing China with a lot of referential trial ideas. By collecting and analyzing the judgment documents and trial ideas of previous cases, this paper, focusing on the internal logic of malice and incompatibility in the law, tries to judge whether the behavior constitutes Malicious Incompatibility considered from the perspective of subjective purposes and the objective effects caused by the behavior and with the method of value measurement.

Medicaid Not Required to Fund Medically Necessary Abortions

1980 ◽  
Vol 1 (8) ◽  
pp. 3-6
Author(s):  
George J. Annas
Keyword(s):  
United States ◽  
Law Enforcement ◽  
United States Supreme Court ◽  
The United States ◽  
United States Constitution ◽  
Medical Procedures ◽  
Poor Women ◽  
Law Enforcement Agency ◽  
The Individual ◽  
Joint Resolution

In an extraordinary and highly controversial 5-4 decision, the United States Supreme Court decided on June 30, 1980, that the United States Constitution does not require either the federal government or the individual states to fund medically necessary abortions for poor women who qualify for Medicaid.At issue in this case is the constitutionality of the Hyde Amendment. The applicable 1980 version provides:|N]one of the funds provided by this joint resolution shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest when such rape or incest has been reported promptly to a law enforcement agency or public health service, (emphasis supplied)

Racializing Crimmigration

2016 ◽  
Vol 3 (1) ◽  
pp. 82-95 ◽  
Author(s):  
Amada Armenta
Keyword(s):  
United States ◽  
Law Enforcement ◽  
The United States ◽  
Immigration Enforcement ◽  
Law Enforcement Agencies ◽  
Local Law Enforcement ◽  
Local Jail ◽  
Colorblind Ideology ◽  
Local Actors ◽  
Local Law

Deporting “criminal aliens” has become the highest priority in American immigration enforcement. Today, most deportations are achieved through the “crimmigration” system, a term that describes the convergence of the criminal justice and immigration enforcement systems. Emerging research argues that U.S. immigration enforcement is a “racial project” that subordinates and racializes Latino residents in the United States. This article examines the role of local law enforcement agencies in the racialization process by focusing on the techniques and logics that drive law enforcement practices across two agencies, I argue that local law enforcement agents racialize Latinos by punishing illegality through their daily, and sometimes mundane, practices. Investigatory traffic stops put Latinos at disproportionate risk of arrest and citation, and processing at the local jail subjects unauthorized immigrants to deportation. Although a variety of local actors sustain the deportation system, most do not see themselves as active participants in immigrant removal and they explain their behavior through a colorblind ideology. This colorblind ideology obscures and naturalizes how organizational practices and laws converge to systematically criminalize and punish Latinos in the United States.

Contemporary Practice of the United States Relating to International Law

1997 ◽  
Vol 91 (3) ◽  
pp. 493-517
Author(s):  
Marian Nash (Leich)
Keyword(s):  
United States ◽  
Hong Kong ◽  
Law Enforcement ◽  
International Law ◽  
The United States ◽  
People’S Republic Of China ◽  
People's Republic Of China ◽  
Republic Of China ◽  
The Government ◽  
Contemporary Practice

On March 3,1997, President William J. Clinton transmitted to the Senate for its advice and consent to ratification as a treaty the Agreement Between the Government of the United States of America and the Government of Hong Kong for the Surrender of Fugitive Offenders, signed at Hong Kong on December 20,1996. In his letter of transmittal, President Clinton pointed out that, upon its entry into force, the Agreement would “enhance cooperation between the law enforcement communities of the United States and Hong Kong, and … provide a framework and basic protections for extraditions after the reversion of Hong Kong to the sovereignty of the People’s Republic of China on July 1, 1997.” The President continued: Given the absence of an extradition treaty with the People’s Republic of China, this Treaty would provide the means to continue an extradition relationship with Hong Kong after reversion and avoid a gap in law enforcement. It will thereby make a significant contribution to international law enforcement efforts.The provisions of this Agreement follow generally the form and content of extradition treaties recently concluded by the United States. In addition, the Agreement contains several provisions specially designed in light of the particular status of Hong Kong. The Agreement’s basic protections for fugitives are also made expressly applicable to fugitives surrendered by the two parties before the new treaty enters into force.

Building Bridges Between Researchers and Police Practitioners in Small and Midsize Law Enforcement Agencies in the United States

2021 ◽  
pp. 104398622199988
Author(s):  
Janice Iwama ◽  
Jack McDevitt ◽  
Robert Bieniecki
Keyword(s):  
United States ◽  
Law Enforcement ◽  
The United States ◽  
Law Enforcement Agencies ◽  
Local Police ◽  
Police Agencies

Although partnerships between researchers and police practitioners have increased over the last few decades in some of the largest police agencies in the United States, very few small agencies have engaged in a partnership with a researcher. Of the 18,000 local police agencies in the United States, small agencies with less than 25 sworn officers make up about three quarters of all police agencies. To support future collaborations between researchers and smaller police agencies, like those in Douglas County, Kansas, this article identifies challenges that researchers can address and explores how these relationships can benefit small police agencies across the United States.

Force, Fraud, and Coercion—What Do They Mean? A Study of Victimization Experiences in a New Destination Latino Sex Trafficking Network

2016 ◽  
Vol 13 (5) ◽  
pp. 456-476 ◽  
Author(s):  
Lauren Copley Sabon
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Social Constructionism ◽  
Sex Trafficking ◽  
The United States ◽  
Social Forces ◽  
Eastern United States ◽  
Latina Immigrants ◽  
Strict Interpretation ◽  
New Destination

In response to increasing Latino new destination migration in the United States, Latino sex trafficking networks have emerged in many of these areas. This article examines victimization experiences of Latina immigrants trafficked by a regional network operating in the Eastern United States drawn from law enforcement records and interviews with legal actors involved in the criminal case. The stories shared with law enforcement by the Latina victims gives insight into their lives, experiences in prostitution, and the operation of a trafficking/prostitution network (all lacking in the literature). Through the analytical frame of social constructionism, this research highlights how strict interpretation of force, fraud, coercion, and agency used to define “severe forms of trafficking” in the TVPA limits its ability to recognize many victimization experiences in trafficking situations at the hands of traffickers. The forms of coercion used in the criminal enterprise under study highlights the numerous ways it can be wielded (even without a physical presence) and its malleability as a concept despite legal definitional rigidity. The lack of legal recognition of the plurality of lived experiences in which agency and choice can be mitigated by social forces, structural violence, intersectional vulnerabilities, and the actions of others contributes to the scholarly critique of issues prosecuting trafficking cases under the TVPA and its strict legal definitions.

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