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The emergence of biotechnology necessitating change in traditional pharmacological research, cost cutting by hospitals and health insurers, and an increasing number of patent expirations have posed a considerable challenge to the pharmaceutical industry, which hitherto had been considered recession-proof. Responding to this challenge, the industry has undergone tremendous consolidation through mergers and acquisitions (M&As). These M&As have resulted in high concentration within the therapeutic classes of drugs, thereby raising anticompetitive concerns. / In order to allow the mergers to proceed, the Federal Trade Commission in the U.S. had required the merging entities to divest their R&D assets. The European Commission, on the contrary, had taken more permissive approach. / The thesis has argued that R&D divestitures in pharmaceutical cases have not been appropriate as anticompetitive concern arises owing to the acquisition of market power with drug purchasers, rather than the combination of R&D assets. The innovative nature of the industry, and the costs and risks involved in drug discovery make it hard to analyze the likely future state of the market. Ex-post analysis shows that divestiture in these cases proved counterproductive. / It is suggested that ex-post remedies like compulsory licensing and price regulation are preferable in pharmaceutical mergers, as they do not disrupt the companies' R&D structure. Moreover, these remedies could be applied once the anticompetitive concerns become apparent the merger is consummated, thereby allaying the uncertainty involved in the assessment of the future state of innovation markets.

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This thesis examines judicial approaches to cell-plant interrogations in Canada and the United States. These are surreptitious interrogations whereby the police inject an undercover state agent into the detention environment with the object of eliciting inculpatory statements from an accused. / This thesis examines and compares the strengths and weaknesses of Canadian and United States judicial approaches to cell-plant interrogations, and their respective applications of section 7 of the Canadian Charter of Rights and Freedoms and the Sixth Amendment of the U.S. Bill of Rights. In both countries, an accused can seek to have their incriminating statements excluded from evidence where they persuade the court that such statements were elicited by a state agent. Despite the seemingly similar language of their legal tests, Canadian and U.S. jurists define state agency and elicitation in very different ways leading potentially to very dissimilar outcomes based on the same factual circumstances.

This thesis examines the impact of transnationalization on U.S. American merger review. It commences by outlining the principles of U.S. merger control, the notion of competition, and effects to be prevented. The study then proceeds with an analysis of transnationalization and gives an evaluation of its influence on firms, markets, and economic systems. The adjacent part holds a description of significant merger decisions made by the U.S. authorities during the recent years thereby covering important markets. An analysis focussing on a possible inequality of the treatment between mergers involving U.S. and foreign firms in order to meet exigencies generated by transnationalization that are not congruent with the objective of maintaining competition follows. The thesis concludes with an examination of extraterritorial application of U.S. antitrust law, the problems generated thereby and the various suggestions produced for a solution of the discrepancy between world-wide markets and enterprises and nationally confined legal systems.

This study was a comparative analysis of the highly structured legal systems of the state of Indiana and the United States of America and the unwritten legal systems of the Ashanti, Barotse, Buganda, and Nuer tribes of Africa. The purpose was to review the similarities and differences in the way in which those legal systems are structured, the way they function, and the scope of their impact on their respective societies.Complex societies have governmental entities which perform different functions in the legal system, but tribal societies tend to have people who perform multifunctional roles. The key is to observe the system to see what functions are being performed, and not to observe the system only to see if the same types of entities are performing the functions in simple societies as in complex societies.The “law is whatever is needed in a particular society. Dispute resolution must be accomplished, but the absence of a formal system does not mean the there is absence of law. / Department of Anthropology

This study has presented a comprehensive historical overview of the context and significance of a, criminal defendants constitutional right to due process of law. The evidence suggests that, in many circumstances, a criminal defendant is not being afforded our most basic constitutional guarantee of fairness and justice for allOne of the primary objectives of this study was to develop a working definition for journalists to better understand the fundamental concepts of a defendants right to exculpatory evidence during criminal proceedings.Since 1791, the Supreme Court has had to continually broaden a criminal defendants right to exculpatory information. In case after case, a similar fad pattern has shown that pauper criminal defendants with court appointed attorneys having to compete against state or federal prosecutors with unlimited investigative and legal research funding This disparity is further compounded when the state or government prosecutors define to turn over information or evidence which could help the defendants case.Further analysis identified other problem areas within the scope of due process which deserve significant attention such as: the grand jury process, plea-bargains, probable cause warrants, and post-conviction hearings. / Department of Journalism

This study presents a theory supporting single-gender, public institutions for women based on constitutional and legal history, educational theory, and feminist theory. Evidence from these areas suggest that single-gender, public institutions can be legally reviewed as constitutionally sound; that women can positively affect their situation in public life by learning the tools necessary to succeed in an educational environment without the added competition of men; and that once women experience leadership positions in college, they will understand how to gain access to channels of power. In order to reach the masses of women, this form of education must be offered as a choice in the public system of higher education so that all women, regardless of geographic or financial restrictions, can take advantage of a single-gender education. / Department of Secondary, Higher, and Foundations of Education

This thesis explored the various elements of the Section 235 program as designated by the Housing and Urban Development Act of 1968. Section 235 is a means whereby low and moderate income families can purchase a new home with governmental aid. The purpose of the study was two-fold: First, to determine if the procurrers of the 235 program were adherring to the legal guidelines established by the Federal Government, and secondly, to objectively ascertain if there was a significant difference between 235 new homeowners residing in the city and those residents in the suburban areas.The subsequent survey analysis did prove that the procurrers of the program were following the legally established guidelines, and, that there was a significant difference between the city and suburban 235 residents.