State Action

Recently, courts have decided that private and public colleges and universities can revoke degrees due to  academic dishonesty. A university's authority to revoke degrees is supported by a logical extension of its conferral power, "black letter" contract law, and the precedential authority of Crook v. Baker, Waliga v. Board of Trustees of Kent State University, and Abalkhail v. Claremont University Center.

Although colleges enjoy great discretion in deciding whether to confer degrees, once the college grants a degree, its discretion to revoke that degree is governed by due process guidelines. In Crook, the university involved was public, triggering the applicability of due process procedural safeguards.

The question remains--are private colleges and universities required to provide procedural safeguards to students faced with degree revocation? The receipt of state and federal financial assistance does not constitute state action. Although private universities are not required to afford the complete package of constitutional due process protections, courts expect them to provide minimal procedural protection to ensure fundamental fairness. Clearly, both public and private universities possess the authority to revoke degrees already conferred.

e libertà fondamentali nei rapporti fra privati" Volume III -Atti del Convegno IV Effettività e Drittwirkung: idee a confronto Composizione: Media Print s.r.l. -Livorno Stampa: Media Print s.r.l. -Livorno Le fotocopie per uso personale del lettore possono essere effettuate nei limiti del 15% di ciascun volume/ fascicolo di periodico dietro pagamento alla SIAE del compenso previsto dall'art. 68, commi 4 e 5, della legge 22 aprile 1941, n. 633. Le fotocopie effettuate per finalità di carattere professionale, economico o commerciale o comunque per uso diverso da quello personale possono essere effettuate a seguito di specifica autorizzazione rilasciata da CLE-ARedi, Centro Licenze e Autorizzazioni per le Riproduzioni Editoriali, Corso di Porta Romana 108, 20122 Milano, e-mail [email protected] e sito web www.clearedi.org.

Companiile recurg la opțiunea unei alianțe strategice având la bază o serie de motivaţii care să le asigure un confort strategic pe piaţă. Cele mai des întâlnite motive al deciziilor de fuziune şi achiziţie sunt cele legate de sinergiiatunci când competenţe similare sau între care exită o legătură, pot fi combinate pentru a facilita dezvoltarea unor noi inovaţii şi crearea unor noi linii de activităţii aducătoare de valoare, îmbunătăţind eficienţa operaţională prin economiile de scară şi de scop sau scad costurile de capital prin nivelarea fluxurilor de numerar, realizând economii financiare de scară şi o mai bună corelare a oportunităţilor de investiţii cu fluxurile interne de numerar. Decizia adoptării unei strategii globale implică două direcţii pentru a creşte profitabilitatea companiei -reducerea costurilor și realizarea economiilor de scară. Practic aceste companii se concentrează pe o strategie de cost-leadership. Departamentele de producţie, marketing şi cercetare-dezvoltare sunt concentrate în câteva locaţii cheie. Firmele globale oferă mai degrabă produse standardizate decât adaptate pieţelor locale sau regionale, având totodată şi o strategie de marketing globală, tocmai pentru că adaptarea duce la creşterea costurilor, ca urmarea a diminuării producţiei şi duplicarea funcţiilor.

Whether due to a need to act quickly or a lack of a functioning government with whom to negotiate, the UN often needs to authorize the deployment of peacekeepers and other peace support personnel without the benefit of a Status-of-Forces Agreement (“SOFA”). Unless or until this initial failure to have a SOFA is later cured by the conclusion of a SOFA, the problem arises what immunities UN-mandated peacekeeping forces may enjoy in the absence of a SOFA. UN-mandated peacekeeping operations have traditionally been present in host States with the consent of the State involved. However, the UN Security Council has taken the dramatic step of authorizing the constitution of peacekeeping forces without the consent of the host State. If there is no consent, then State immunity does not apply and we must look to other sources of immunity or comparable protection. These sources can include international humanitarian law, the UN Charter, the UN Immunities Convention, the UN Safety Convention, and customary international law. This paper attempts to assess all of these potential sources of immunities and determine the protections available for UN peacekeepers in the absence of a SOFA.

The questions whether fundamental rights in the EC Treaty and ECHR rights are selfexecuting and given direct effect to or by individuals against the state or in their relations with each other is sometimes analysed using a concept from German constitutional law, Drittwirkung (third party effect). The doctrine of third party effect (Drittwirkung) instantiates the idea that the (economic) constitution entails legal obligations on private law interactions of private persons in their relationships inter se. The functional questions are: whether a right exists, who may enforce the right, against whom, and what remedy obtains. Those questions are distinct, but related. Drittwirkung (third party effect) may be direct or indirect. We examine third party effect to see its limits as a tool for determining the existence and enforceability of human rights in the EC Treaty and the ECHR.

The benefits of bilateral agreements in regard to international cartels are clear: only a synchronized and international approach will help the developing nations in protecting their markets from unfair competition practices. This article shows the state of anti-cartel policies and legislation in selected jurisdictions, the present state of the coordination of competition policies through promotion and cooperation at the bi-national and international level and highlighted some examples of more publicized anti competition cases. One observation is that more could be done by the developing NIC nations to increase the collaborative ties of their anti competition policies and organs as well as ensure that they fall under the wider umbrella of regional competition regimes such as in the case of South Africa and the European Union. The necessity to safeguard consumer welfare through effective domestic anti competition frameworks was highlighted in the discussed cartel cases. Time will tell whether the emerging economies will be able to balance competition policy and consumer welfare in an effective and progressive way without affecting their trade and investment policies.

This study analyses the decision of the Turkish Competition Authority in which it has granted total immunity to SunExpress and reduced the amount of fine of Condor by 50 percent, after SunExpress applied for leniency and disclosed the existence of the agreements it signed with Condor pursuant to which Condor undertook to determine the seat-only ticket prices of SunExpress.

What leads to a center-left government to deepen neoliberalism? In recent years, the questioning of the subsidiary state and targeting policies have been unleashed by social actors in Chile, especially the movements that have conformed to the heat of the outbreaks of social protest since early 2000's. Education, health, housing, the relationship with the environment and the social welfare model have been questioned, giving way to a deeper critique on the subject of State and its way of relating to civil society that -since that the neoliberal model was implanted in Augusto Pinochet's civic-military dictatorship- has been from the market. The provision of public social and social services has been privatized since then, but it's important to notice that has been the social-democratic governments of the left-center wing who has taken beyond the idea of privatizing and install the model of concession for public health provide.
The relevance of this research lies in the current public debate that questions the relations between the State, the market and social rights, putting under examination the intromission of mercantile criteria in public services. It is relevant to carry out research under this orientation -a sociological one-, especially under the current academic and disciplinary context, in which the analysis of the political, social and economic aspects has been dissociated, a validated focus by the technocracies that propel a scientific knowledge, neutral, objective and apolitical, which does not allow us to glimpse the social relations and the dynamics of power relations that occur in reality behind the veil of economic action.

After the entry of a guilty verdict in a criminal antitrust proceeding, the district court will typically order the Probation Office in the district to prepare a presentencing report that sets forth information about the defendant, the offence, and other issues. 5 This report will also calculate the relevant sentencing range under the Sentencing Guidelines. 6 In cases where the court determines that the trial record contains sufficient information on which to base a calculation of a 2

The chapter describes and compares the extraterritorial reach of US Antitrust and EU Competition Law. Beside providing a general overview of the unilateral extraterritorial enforcement, comity considerations and bilateral agreements, the chapter focuses especially on the current developments in the qualification of the effects doctrine, especially the qualifiers that the effects have to be 'direct' (or 'immediate'), 'substantial' and 'foreseeable'.

Some courts in the US have recently begun to take the 'directness' qualifier too literally. There is a danger that this will allow infringements with substantial and foreseeable domestic effects to go without antitrust scrutiny. The chapter argues that a criterion of 'directness' makes no sense where economic effects are concerned. In the US, where the Foreign Trade Antitrust Improvements Act (FTAIA) prescribes the qualifiers by statute, the directness qualifier should be interpreted as coextensive with the foreseeability qualifier. In the EU, where no statute prescribes the qualifiers established by the General Court in the Gencor decision, the directness/immediacy qualifier should be dropped altogether.