Public goods, taxes, and takings

Blume, Rubinfeld, and Shapiro [Blume, L., Rubinfeld, D., & Shapiro, P. (1984). The taking of law: When should compensation be paid? Quarterly Journal of Economics, 99, 71–92] first showed that compensation for takings can lead to a moral hazard problem that results in overinvestment in land suitable for public use. To the contrary, this paper shows that when compensation is financed by a proportional property tax, the compensation rule is irrelevant regarding the level of investment landowners make in their property, as well as the amount of land they authorize the government to acquire, both of which will be efficient. Intuitively, landowners recognize the equivalence of taxes and takings in budgetary terms, causing the distortionary effects of compensation and property taxation to cancel each other out through the balanced budget condition.     

Autonomy,paternalism, and institutional interest: why some conflicts can't be waived

This paper asks the question of why, in some cases, a client is precluded from demanding of their lawyer that they act for them and their adversary simultaneously. We accept that in numerous instances a lawyer can act for clients whose interests may diverge (or in some cases do in fact diverge) providing informed consent has been obtained. This paper enquires as to why the line between waivable and non-waivable conflicts is drawn where it is, and examines the theoretical underpinning of the waiver rule and its boundaries. It does so by first looking at the client autonomy argument for allowing waivers. It then turns to explore the paternalistic justifications for rendering a consensual waiver of a conflict inoperative. Finally it looks at those cases where a waiver is not permitted that are left unexplained by paternalism. It argues that paternalism, properly understood, is a legitimate justification for most refusals to accept a waiver of conflict. However, a residual body of cases remain unexplained by paternalism. Those cases are best explained by the propensity of the law and the legal profession to protect its institutional values and interest.     

Police culture,individualism, and community policing: Evidence from two police departments

According to the conventional wisdom, the police culture consists of a set of values, attitudes, and norms that are widely shared among officers, who find in the culture a way to cope with the strains of their working environment. Some research implies that the conventional wisdom is overdrawn, and recent research has begun to question it more directly. Changes in the composition (i.e., the race, sex, and education) of police personnel, as well as philosophical and organizational changes associated with community policing, could be expected to further fragment police culture and to shift the distribution of police attitudes. Here we examine variation in outlooks that, according to conventional wisdom, are part of the police culture, using survey data collected in two police departments. We also examine the relationships between these outlooks and characteristics of officers—sex, race, education, length of service, community-policing training, and community-policing specialist assignment—that are associated with the changes in policing. We find that officers' outlooks do not conform to the pattern that we would expect on the basis of conventional wisdom. We also find that the variation in officers' occupational attitudes is not patterned to a great extent by their characteristics. We conclude with directions for future research on police attitudes.     

Judging capacity: paternalism and the risk-related standard

There is a strong academic and medical consensus on judging patients' decision-making capacity in accordance with the seriousness of consequent risks, and this is supported in certain areas of the law. Supporters of the risk-related standard perceive an asymmetry between the level of capacity required for consent to a treatment, and the level required to competently refuse the treatment, particularly if the probable outcome of refusal is death. Despite the intuitive appeal of the risk-related standard, its opponents propose that when the risks of treatment or treatment-refusal are high, we should not require a higher standard of capacity, but be scrupulous in ensuring that a procedural standard is observed. This article considers both standards, from the point of view of the persons, interests and principles which ethics and the law seek to protect. It argues that a risk-related standard is incoherent, that a rigorously applied procedural standard will minimise paternalistic medical interventions, and that this should be reflected in the law.     

Luxury goods,vertical restraints and internet sales

We propose a model describing consumer demand for a luxury good, in which the perceived quality of the good is related to its scarcity. We use this model to analyze the optimal production and price setting decisions of a luxury good manufacturer and contrast them with the decisions that would be made by a social planner. We show that irrespective of the way social welfare is defined, a monopoly producer of the luxury good may select socially optimal prices and quantity. Thus the incentives of the monopolist and the social planner may to some extent be aligned. We also analyze whether the producer and social planner would be willing to sell the luxury good over the internet if this allowed to increase the number of potential customers for the product. We show that under reasonable assumptions the monopoly producer would not oppose the introduction of internet sales, whilst the social planner may do so, depending on the specification of the model’s parameters. This result is important in the light of the recent revision by the European Commission of its Guidelines on Vertical Restrains (2010).     

Developing and auditing a merit pay system

Employers who use subjective appraisal ratings can be charged with unlawful discrimination. The best defense, say the authors, is designing and using an equitable performance appraisal system.     

Gender, race, and formal court decision-making outcomes: Chivalry/paternalism, conflict theory or gender conflict?

A significant body of research examines the influence of offender gender on court-related decision making and typically finds that women deemed “worthy of protection” are afforded greater leniency than other offenders. There is a less developed effort to uncover the influence of victim characteristics, particularly victim gender and the interaction between offender and victim gender on formal criminal justice outcomes. Drawing from the chivalry/paternalism hypotheses, conflict theory, and gender conflict frameworks, the present research used data on a nationally representative sample of convicted homicide defendants to examine the effects of gender and race dyads on sentencing outcomes. Policy implications and future research directions are discussed.     

EU citizenship and (fundamental) rights: Empirical,normative, and conceptual problems

There is a close connection between EU citizenship and rights, both in the law and literature. This article claims that EU lawyers' understanding of EU citizenship and rights suffers from empirical, normative, and conceptual shortcomings. I will point out that there has been insufficient awareness for the boundedness of EU citizenship, the political structure of the EU and the constraints this (realistically) imposes on the ‘meaningfulness’ of EU citizenship. EU citizenship must not be understood as requiring an elaborate set of equal rights for all Union citizens throuzghout the EU, but valued for its ability to allow its status holders to enjoy (almost) full membership in the Member States of which they do not possess nationality.     

Semantics and pragmatics of normative qualification statements

The present paper has been presented in the seminar San Giuseppe (Bologna, March 7th 1989) and during the IASL Annual Meeting (Edinburgh, August 15th 1989). The author thanks the participants for many valuable comments, and especially to P. van den Hoven, who was the commentator during the IASL conference.     

被认为灭失货物的所有权分析及处理

探讨了中国《海商法》第50条第4款中规定的认为货物灭失行为的法律效果,并分析了谁是“有权对货物灭失提出赔偿请求的人”。在此基础上,提出了货物被认为灭失后其所有权转归承运人所有,而所有权的转移是通过强制缔约的方式进行的,同时对被认为灭失的货物被运到目的地后如何处理提出了意见。     

Just punishments: Guideline sentences and normative consensus

The federal sentencing guidelines prescribe ranges of sentences to be given to persons convicted of felonies in the federal criminal courts. The U.S. Sentencing Commission wrote the guidelines attempting to make sentences conform to community views of appropriate punishments, along with several other criteria. Employing data from a 1994 national sample of adult Americans, designed as a factorial survey, the degree of correspondence is shown between guidelines sentences and those desired by the American public. Although at the individual level only a modest degree of concordance was found, the central tendencies of public opinion (median sentences) were found to correspond quite closely to the guidelines sentences. The major points of disagreement centered around drug trafficking crimes: the guidelines prescribed very long sentences for those crimes and distinguished sharply among trafficking in heroin, powder cocaine, and crack, whereas median sentences desired by the public were much lower and did not distinguish sharply among trafficking in those drugs. We interpret the findings as indicating that the guidelines sentences conform reasonably closely to American normative consensus concerning the sentencing of federal felons.The research reported in this article was commissioned by the U.S. Sentencing Commission. The views expressed in this article are not necessarily endorsed by the Commission. Full expositions of the findings from the national survey used are given by Rossi and Berk (1995, 1997).