Separate versus Equal Treatment Approaches to Parental Leave: Theoretical Issues and Empirical Evidence*

This article examines the legal and economic arguments behind the separate versus equal treatment approaches to maternity/parental leave. Three sets of legal arguments that were advanced in the U. S. Supreme Court case California Federal Savings and Loan Association v. Guerra, 1987 are examined. The economic arguments that correspond to each of these legal arguments are then developed, including the arguments of groups who (1) oppose all versions of mandated leave, (2) support mandated parental leave without qualification (the Separate Treatment Approach), and (3) support some, but not all formulations (the Equal Treatment Approach). Each of these theoretical perspectives generate specific hypotheses regarding the potential compensation and employment effects for women of childbear-ing age. These hypotheses are tested with data from the Current Population Survey, May 1979 and May 1983. Overall the empirical findings suggest that parental leave legislation can significantly improve the labor market position of women of childbearing age, but all approaches are not equal and some methods may undermine, rather than improve their position.     

Efficiency in Banking: Empirical Evidence from the Czech Republic

The paper examines the cost efficiency of the Czech-banking system in the 1990s by applying the distribution free approach model. Reported results indicate that foreign banks were on average more efficient than the other banks, although their efficiency was comparable with the ‘good’ small banks’ efficiency in early years of their operation. Based on the estimated results it is argued that early privatisation of state-owned commercial banks and more liberal policy towards foreign banks in the early stage of transition would have enhanced the efficiency in the banking system.     

Call 911: psychiatry and the new Emergency Medical Treatment and Active Labor Act (EMTALA) regulations

The Emergency Medical Treatment and Active Labor Act (EMTALA), enacted in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act of 1985, aims to prevent "patient dumping" by requiring hospitals to screen and stabilize patients who come to an emergency room seeking medical attention. For many reasons, recovery under EMTALA is rare, especially when psychiatric treatment is called for. New regulations of EMTALA went into effect on November 10, 2003. These new regulations helpfully clarify the applicability of EMTALA. However, the bias against recovery in cases involving psychiatric emergencies is likely to remain.     

我国应当尽快确立电子商务证据的法律地位

随着电子商务的普及推广,电子商务证据与现行法律规定发生冲突,已在司法实践中显现出来。在我国,这种冲突主要体现在电子商务证据的种类、形式等方面,借鉴世界各国和国际社会的不同做法,我国应对其合法地位作出相应的法律规定,以适应电子商务发展的需要。     

On the Normativity of Expressing the Belief in a Just World: Empirical Evidence

There is a large body of evidence that the belief in a just world (BJW) affects people’s behaviors and attitudes, either through secondary victimization of innocent victims or the promotion of helping behavior. In this article, we aim to address the normativity of the very expression of BJW. Results of two experimental studies show that the expression of a higher degree of BJW is more socially valued than that of a lower one. We argue that this pattern should not only be seen as deriving from intrapersonal motivation to see the world as a predictable place, but also as a norm which seems to be perceived as having both social utility and desirability. The research reported in this article was supported by grant SFRHD/BD/10816/2002 awarded to Hélder Alves by Fundacao para a Ciência e Tecnologia. We thank Jorge Vala, Melvin Lerner, and Sven Waldzus for their suggestions during this research and to Kees van den Bos, José-Miguel Fernández-Dols and Cícero Pereira for their comments on previous versions of this article.     

Hierarchy, Bureaucracy, and Ideology in French Criminal Justice: Some Empirical Observations

Using observational and interview data from my own empirical study of the investigation and prosecution of crime in France, this article examines critically the extent to which three features generally considered central to inquisitorial procedure – hierarchy, bureaucracy, and ideology – exist within the structures and procedures of the French criminal process and the constraining impact they have upon the decision-making of the procureur, the judicial officer responsible for supervising the majority of criminal investigations. A broad degree of discretion is found to exist at the local and individual level and the unavailability of resources further increases disparities in practice. Nevertheless, the conventional 'ideals' retain a continuing force and relevance for procureurs, who describe their work (both as they understand it to be and as they would wish it to be) in these terms and whose crime control orientation is shielded by redefining it in terms of 'representing the public interest'.     

A Typology of Tax Compliance in Developing Economies: Empirical Evidence from China's Shoe Industry

Drawing on fieldwork investigations of shoe manufacturers in southeastern China, this article provides empirical evidence for understanding these businesses’ taxpaying practices. We find that since business taxpayers largely regard tax law as illegitimate, instrumental considerations dominate these taxpayers’ decisions to pay or not pay taxes. We then incorporate “structural opportunities for evasion” and “perceived costs of evasion” to develop a two‐by‐two matrix to understand the following types of behavior: aggressive evasion, obliged compliance, strategic compliance, and reciprocal compliance. We argue that this matrix explains why value added tax fraud is widespread in China while voluntary compliance is rare. It also helps to illuminate compliance more generally in developing economies.     

Emergency suicide care in France: the psychiatrist's liability as seen in case law

In France, in general emergency departments, psychiatric consultations are on the increase and suicidal behavior represents a frequent reason for consultation. Psychiatrists treat patients whose behavior may be impulsive and irrational, and whose critical judgment is impaired. In emergency units, the reception and initial assessment of the patient determines his or her future pathway through the healthcare system. By its very nature, emergency medicine deals with inherently unstable situations, which may lead to the risk of medical malpractice. The aim of this article is to provide a summary of the initial management of suicidal patients by general emergency units and to comment on the medical malpractice that may expose the practitioner to risk of liability. An analysis of case history has shown that in suicide cases, malpractice due to inadequate supervision is the most frequent ruling.     

Mandatory Arbitration and Civil Litigation: An Empirical Study of Medical Malpractice Litigation in the West

This article looks at the effect that pretrial, statutorilyrequired screening panels in Nevada have had on medical malpracticelitigation. I use two unique data sets on litigation in Nevadaand neighboring states from 1983–88, during which theNevada legislature enacted screening panels. Applying time-seriesand difference-in-difference analyses, I show that observeddecreases in Nevada with respect to damage awards, attorney'sfees, and duration in litigation reflected a broader seculartrend. The panels did, however, reduce the relative probabilityof claims requiring resolution by the Nevada courts.     

Damage Caps and Civil Litigation: An Empirical Study of Medical Malpractice Litigation in the South

This article looks at the effect that damage caps have on plaintiffs'recovery in medical malpractice litigation, using a unique dataset of litigation in the South, from 1987 to 1999. During thistime, Alabama underwent both the implementation and nullificationof damage-cap laws; neighboring states did not undergo any significantlegal changes. The product of a difference-in-difference approach,the results reveal that the average relative recovery by Alabamaplaintiffs decreased by roughly $20,000 after the Alabama legislatureenacted damage caps and increased by roughly double that amountafter the Alabama Supreme Court ruled them unconstitutional.     

Differential Ability of Necrophagous Diptera to Colonize Concealed Resources: Empirical Evidence From a Field Experiment in Brazil

Field studies in forensic entomology seem to assume that a cadaver is a resource equally accessible to flies, irrespective of the species’ size, behavior, and sensorial capacity. We aimed to challenge this assumption by experimentally manipulating baited traps in order to test whether the accessibility to decomposing baits is related to the following: (i) the diversity of necrophagous dipterans; (ii) the body size of adults; and (iii) the female sexual maturity stage. The experiment was performed in a rainforest fragment in Northeastern Brazil, in an area characterized by high levels of homicides. Traps baited with decomposing chicken liver had three levels of access: easy (six openings on the trap), intermediate (three), and difficult (one). A total of 750 adults of Calliphoridae, Fanniidae, Muscidae, Phoridae, and Sarcophagidae were collected. Of the 18 species recorded, Megaselia scalaris was the most abundant (46.8%) followed by Lucilia eximia (29.7%) and Chrysomya megacephala (9.8%). The number of species increased significantly with the accessibility level, but overall abundance did not differ, as a consequence of the numerical dominance of M. scalaris. A strong female bias (>91%) was observed in all traps. For Calliphoridae specimens, 90% of the females caught in traps under intermediate and difficult access were sexually mature. By empirically demonstrating that limitation of access and exclusion of visual stimuli do not deter several dipteran species from reaching a substrate, we expand the knowledge on the factors that can shape the colonization of concealed human cadavers, including variables such as insect size and stage of sexual maturity.     

On the Design of Efficient Priority Rules for Secured Creditors: Empirical Evidence from A Change in Law

This article assesses the effect of a reduction in secured creditor priority on distributions and administrative costs in liquidating bankruptcy cases by reporting the first empirical study of the effect of a priority change. Priority reform had redistributive effects in liquidating bankruptcy. As expected, average payments to general unsecured creditors were significantly higher after the reform than before the reform and payments to secured creditors decreased. Reform did not increase the size of the pie to be distributed in bankruptcy. Nor did it increase the direct costs of bankruptcy.JEL Classification: K00, K20, G33     

Networking and Knowledge Transfer Between Research and Industry in Transition Countries: Empirical Evidence from the Slovenian Innovation System

Using empirical data from an innovation survey carried out in the Republic of Slovenia in 1997/1998, the paper analyses the innovation-relevant co-operation pattern between different kinds of research institutes and industry. The hypothesis is made that system transformation is not yet accomplished in Slovenia, and that the innovation system is still fragmented. While there is intense co-operation between Slovenian research institutes and companies, the level of co-operation between university institutes and industrial firms remains below the average of all Slovenian research institutes, although one focal point in the co-operation activities of university institutes is the support of firms in market introduction. Mainly larger institutes co-operate with larger firms, whereas small institutes hardly co-operate. Consequently, the challenge of innovation policy is to integrate all participants of the Slovenian innovation system in a structure of mutual knowledge and information exchange.     

论我国刑事诉讼中的证据使用禁止——以证据取得禁止和证据使用禁止之间的关系为中心

通过比较研究发现,就证据取得禁止与证据使用禁止之间的关系而言,我国虽采取的是规范保护目的理论的立场,但和德国学说和实务见解相比,具有明显的中国特色,即只有那些旨在担保所获证据真实性和可靠性的重要取证规定被违反时,我国相关法律才会科以明确的证据使用禁止后果。此外,我国证据使用禁止呈现立法上的积极主动、司法上的消极保守、阶段上的层层把关、论证上的简单恣意四个特点,这些特点皆与德国相关法律规定相背离,这一现象从另一侧面反映出,尽管我国与德国同属大陆法系,共享职权主义传统,但在刑事诉讼制度方面却存在着较大的差异。