Risk Aversion, Liability Rules, and Safety

This paper investigates the performance of liability rules in two-party stochastic externality problems where negotiations are feasible and side payments are based on the realized level of externalities. Results show that an increase in polluter liability does not necessarily increase safety or efficiency in cases where the polluter is risk neutral. Complete polluter liability is found to yield Pareto optimality. When either party is risk averse, an increase in polluter liability may sometimes reduce safety and efficiency. If the polluter is risk neutral and the victim is risk averse, Pareto optimality is only achieved by assigning full liability on the polluter, i.e. giving the victim complete property rights to a clean environment. If the polluter is risk averse and the victim is risk neutral, no level of polluter liability is optimal. In this case, optimality can only be achieved through a contract on abatement activities, such that the risk-averse polluter receives a guaranteed payment regardless of the stochastic outcome.     

Making civic engagement go viral: Applying social epidemiology principles to civic education

This paper explores the connections between education for youth civic engagement and theories and strategies from public health (specifically, epidemiology). We illustrate this with four applications of epidemiologic theory to youth civic engagement: social determinants and fundamental causes, vulnerable populations and cumulative disadvantage, positive spillover, and herd immunity and critical mass. Formalizing concepts of current civics, in schools and the public, as a civic epidemic, we present a case for individual‐ and group‐level interventions based around targeted, school‐based, effective civic education initiatives. Grounded in epidemiological theory, such approaches call attention to the simultaneous need to improve broad civics education and ensure that particular populations receive necessary attentions.     

POSTDECREE LITIGATION Is Joint Custody to Blame?

The Joint Custody Symposium Project examined almost 600 court files in five judicial districts to investigate the common perception that joint custody contributes significantly to relitigation rates. Data indicated that joint custody as a factor accounted for only 10.8% of court returns. Financial concerns accounted for the majority of actions. Disputes over child custody appeared to be related to finances as well. Unfortunately, returns to court do not necessarily resolve the financial needs of divorced parents. The findings suggest that children may be used as pawns in court battles over money that are disguised as parenting concerns, as evidenced by the close relationship found between visitation or custody disputes and child support modification filings.     

Patents and Appropriation: Concerns and Evidence1

For over the past twenty years, the United States has witnessed a pro-patent movement. In response, numerous concerns have been raised, including possible impediments to innovation in cumulative technologies, emergence of anti-commons, barriers to entry and an elevation of costs of innovation associated with defensive patenting, growth in patent litigation and poor quality patents. Although there is little systematic evidence that these concerns have materialized in any substantial way, vigilance is nonetheless warranted.     

Negotiating Integrative Medicine: A Framework for Provider–Patient Conversations

Efforts to integrate complementary and alternative medical (CAM) therapies into conventional medical settings are creating a variety of negotiation challenges between various stakeholders. Focusing on the two-party encounter between physician and patient offers a way to understand the application of principled negotiation to perhaps the most fundamental and emotionally charged place within the health care system in which the introduction of CAM therapies is likely to disrupt relationships and produce conflict. This article suggest ways in which the theory and analysis of principled negotiation can add to current liability and ethical frameworks, and might thereby contribute to optimal future health care by helping to wisely integrate CAM therapies into conventional medical care.     

Foreign advisors and capacity building: The case of Kenya

Approximately 100,000 foreign advisors work in the public sectors of Sub-Saharan African countries at an annual cost of more than $4 billion. The numbers, range of services, and costs of such advisors increased during the 1980s while at the same time donors launched new efforts to build professional capacity in the African civil service. Based on a study of advisors and their counterpart economists in Kenya's Ministry of Planning and National Development, this article addresses three important questions: what are the functions carried out by advisors in the development ministries?; why is it so difficult to retain skilled professionals in the civil service?; and how does the provision of advisors affect the retention of skilled government officers?