Health care for older persons in England and the United States: a contrast of systems and values

This article extends previous comparisons of access to health care for older persons in England and the United States by comparing rates of avoidable hospital conditions as a proxy for primary care access and by examining the distribution of care within these older populations. Drawing on hospital data from the two countries, we find that older persons in the United States, particularly those over the age of seventy-five, receive far more revascularizations than do older persons in England. Differences in the use of lower-joint replacement are not as great, but we are unable to assess differences in the need for these procedures. Although older persons have greater access to specialty care in the United States, there appears to be much better access to primary care in England. We are unable to draw comparisons on the extent of inequalities in access to health care, although in the United States there is evidence of inequalities in access by race, and in England we confirm earlier studies that find inequalities by level of deprivation. These findings are discussed in the context of the political debates over access to care and rationing in the two countries.     

Inching toward incrementalism: federalism, devolution, and health policy in the United States and the United Kingdom

In the United States, the recently enacted Patient Protection and Affordable Care Act of 2010 envisions a significant increase in federal oversight over the nation's health care system. At the same time, however, the legislation requires the states to play key roles in every aspect of the reform agenda (such as expanding Medicaid programs, creating insurance exchanges, and working with providers on delivery system reforms). The complicated intergovernmental partnerships that govern the nation's fragmented and decentralized system are likely to continue, albeit with greater federal oversight and control. But what about intergovernmental relations in the United Kingdom? What impact did the formal devolution of power in 1999 to Scotland, Wales, and Northern Ireland have on health policy in those nations, and in the United Kingdom more generally? Has devolution begun a political process in which health policy in the United Kingdom will, over time, become increasingly decentralized and fragmented, or will this "state of unions" retain its long-standing reputation as perhaps the most centralized of the European nations? In this article, we explore the federalist and intergovernmental implications of recent reforms in the United States and the United Kingdom, and we put forward the argument that political fragmentation (long-standing in the United States and just emerging in the United Kingdom) produces new intergovernmental partnerships that, in turn, produce incremental growth in overall government involvement in the health care arena. This is the impact of what can be called catalytic federalism.     

Biofuel,Energy Diversification,and NAFTA: A Proposition for the Future of the North American Biofuels Industry

This article demonstrates how the United States can use the free-trade legal structure to diversify the nation's energy portfolio by importing jatropha plants from southern Mexico for use as biofuel. The North American Free Trade Agreement has created a free trade zone among Canada, Mexico, and the United States, so jatropha imports from Mexico are not subject to tariff. This article contends that the United States and Mexico can change two of their legal devices, PROCAMPO and ethanol subsidies for U.S. farmers, to facilitate jatropha trade. Thus, the United States can diversify its energy market by using an abundant and easily accessible resource.     

实力变迁、法律传统与美欧印中贸易政策的演进

国际经济格局的深刻变化引发了美欧印中等主要贸易体贸易政策的变化.这种变化主要体现为其外贸法、外资法和出口管制法的修改,而国际习惯法和国际经济条约对这种修改的约束有限.美欧印中的代表性国际经济法理论分别为"制度管理说"、"规范承诺说"、"贸易民主论"和"责任共担论",这些理论反映了各贸易体的国际经济法传统和理念.以这些理...     

美国普通法婚姻的起源和兴衰

自9世纪到1563年、10世纪到1753年,普通法婚姻分别在欧洲大陆和英格兰得到了教会的承认。在殖民地时期,英属的部分北美殖民地和西班牙属的殖民地予以承认,英属的另一部分殖民地和法属殖民地未予以承认。美国建国之后到19世纪中后期,大多数州承认了普通法婚姻。到了2005年,只有11个州和哥伦比亚特区予以承认。不复承认的理由主要是:人口集中、交通改善、政府公务人员或牧师不再短缺;承认普通法婚姻危害交易安全、危害种族健康、诱发欺诈行为、危害统计数据的准确;非婚生子女地位得到改善。     

Co-offending in Canada,England and the United States: a cross-national comparison

This article compares the characteristics of police-reported co-offending groups and solo offenders in Canada, England and the United States. Comparative analysis of crime in these three countries is fostered by the relative similarity of their substantive criminal codes (all originating in English common law), their approaches to law enforcement, and their crime recording procedures. The data include over 100,000 incidents cleared by a large UK police force, 2.5 million incidents in Canada, and 1.3 million incidents in 36 states in the United States, in the first decade of the twenty-first century. Comparative analyses include the prevalence of co-offending, the size and composition of co-offending groups, and key correlates of group crime, such as offence type and the age and sex of participants. Substantial similarities are observed across the three data sets, although there are also intriguing differences. These findings are discussed in relation to ongoing attempts to draw general conclusions regarding the nature and extent of group crime and co-offending networks.     

Pattwena of harm: An analysis of gender and defamation

This article explores whether the law of defamation is gender‐specific. Through a quantitative and historical analysis of libel and slander cases, the study indicates that when women brought actions against those who assaulted their reputations their likelihood of being awarded judicial remedy was unalterably linked to their sexual identity. The study examined 278 appellate cases brought by both male and female plaintiffs during two decades in United States history when emergent women's rights movements were pronounced, the late 19th century and the mid‐20th century.     

Another special relationship? Interactions between health technology policies and health care systems in the United States and the United Kingdom

Confronted with similar challenges, the United States and the United Kingdom have adopted very different health technology policies. In the United States, the focus has been on technology creation, in particular the funding of basic biomedical research at the National Institutes of Health. This both reflects and reinforces an innovation-first culture in the United States, including in health. By contrast, the United Kingdom has been much more heavily committed to applied research and evaluative research, including health-technology assessment. That is, while U.S. policy has focused on technology creation, U.K. policy has been more oriented toward technology diffusion. This article surveys the sources of these differences. We consider the impacts of institutional, cultural, and other factors that may explain them, and emphasize that it is hard to disentangle the separate effects of those factors. We conclude with a discussion of the difficulties in drawing cross-national lessons in health technology policy.     

Juvenile parole policy in the United States: Determinate versus indeterminate models

This paper presents an overview of eight approaches in juvenile parole policy for terminating, extending, and discharging youths from juvenile parole or aftercare. These types were derived from the results of a national survey of juvenile parole policy in the United States. This survey was sent to the departments of correction, youth service bureaus, and legislative service agencies for the 50 states. The survey sought comparative data on trends in substantive and procedural approaches for handling parole duration and discharge issues for juvenile offenders. These trends are evaluated in relation to movements toward formalism in corrections, recent reforms in juvenile sentencing, standards promulgated by various standard-setting groups, and recent shifts in juvenile justice philosophy in the United States.     

Supremacy of the Constitution, Separation of Powers, and Judicial Review in Nineteenth-Century German Constitutionalism

Abstract.   Judicial review of statutes presupposes the establishment of a clear hierarchical supremacy of the constitution, which can serve as a standard of review, as well as an independent and assertive judiciary. The conditions for such a hierarchical supremacy of the constitution were only partly fulfilled in nineteenth-century Germany. In addition, the concept of the separation of powers was rejected and the judiciary was in a weak position. Therefore the judicial review of ordinances was slow to develop. The judicial review of statutes began only at the end of the nineteenth century and was restricted to formal review as opposed to a review of the content of statutes.     

Crime and justice in Tudor-Stuart England and the modern United States

This paper surveys the criminal justice system in 16th and 17th, century England, for the purpose of pointing out important similarities between its workings and the operation of the criminal justice system in the modern United States. Topics covered include (1) the nature and incidence of crime; (2) citizen participation in and cooperation with the criminal justice system; and (3) the disposition of persons and cases. The authors conclude that, contrary to popular opinion, early modern England was not a halcyon period of law and order. That the English criminal justice system was beset by problems similar to those faced today seems to indicate that the interaction between law and society is inherently problematic.     

Marital rape in Scots law

In a number of recent cases in Scotland, England and the United States, the earlier common law rule that a husband could not be convicted of the rape of his wife has been rejected. The law in Scotland has developed to allow the prosecution of the husband where the couple were in fact separated at the time of the rape. This differs from the law in England, where some prior formal separation would be regarded as required. The Scots law still stops short of the position in some parts of the United States, where a charge of rape is competent even while the couple were living together at the time of the incident.     

Dealing sensibly with the threat of disruption in trade with China: the analytics of increased economic interdependence and accelerated technological innovation

There is now widespread concern in Washington over the large and growing U.S.-China trade deficit. This concern is premised on the view that the large trade deficit has reduced U.S. welfare by increasing unemployment and reducing wages. But these alleged negative effects cannot be seen. The average unemployment rate in 1999–2006 was 5 percent compared to 6 percent in 1991–1998; and the total compensation (in 2005 prices) of a full-time worker rose from $46,614 in 1991 to $50,523 in 1998 to $55,703 in 2005. The rise in average labor compensation (measured to include benefits) was not caused by a large income increase for high-skilled workers and a moderate income decline for low-skilled workers. The level of compensation for blue-collar workers also rose in the 1991–2006 period. The continued rise in US labor income in 1991–2006 might appear surprising because the post-1990 integration of the Soviet bloc, India and China into the international division of labor has doubled the number of workers participating in the world economy. Accelerated globalization was, however, not the only significant economic development during this period; accelerated technological innovations were perhaps even more significant in their economic effects. The latter development produced large productivity gains that enabled the US labor income to rise despite the greater competition from imports, continued relocation of production facilities to foreign countries, and increased immigration into the United States. The outcome from the accelerated pace of globalization and the increased pace of technological innovation is a more frequent turnover in jobs in the US, which translates into increased worker anxiety, and hence increased demand for protection. The optimum solution to the present trade tensions is a policy package that emphasizes multilateral actions. It is bad economics and bad politics to dwell only on just one region (China alone must change), and/or dwell on just one instrument (RMB appreciation alone). China should, in the short run, expand state expenditure to soak up excess savings with an emphasis on import-intensive investments; in the short run, accelerate import liberalisation beyond the commitments made in the negotiations for WTO membership; increase the rate of yuan appreciation to reduce the large depreciation against the Euro in 2006–2007, and speed up the appreciation if inflation rises; lower precautionary savings by providing public social insurance; and improve financial intermediation by replacing the monopoly state banking system with a predominantly domestic private banking system. The United States should quicken the reduction in fiscal imbalance; introduce tax incentives to raise the savings rate; and expand and improve trade adjustment programs and social safety nets, especially those that upgrade the skill of the younger workers. Most important in the face of rising protectionist sentiments around the world, the United States and China must work together to bring the Doha Round trade negotiations to a successful conclusion in order to prevent the WTO system from being eroded.     

Hospitals, finance, and health system reform in Britain and the United States, c. 1910-1950: historical revisionism and cross-national comparison

Comparative histories of health system development have been variously influenced by the theoretical approaches of historical institutionalism, political pluralism, and labor mobilization. Britain and the United States have figured significantly in this literature because of their very different trajectories. This article explores the implications of recent research on hospital history in the two countries for existing historiographies, particularly the coming of the National Health Service in Britain. It argues that the two hospital systems initially developed in broadly similar ways, despite the very different outcomes in the 1940s. Thus, applying the conceptual tools used to explain the U.S. trajectory can deepen appreciation of events in Britain. Attention focuses particularly on working-class hospital contributory schemes and their implications for finance, governance, and participation; these are then compared with Blue Cross and U.S. hospital prepayment. While acknowledging the importance of path dependence in shaping attitudes of British bureaucrats toward these schemes, analysis emphasizes their failure in pressure group politics, in contrast to the United States. In both countries labor was also crucial, in the United States sustaining employment-based prepayment and in Britain broadly supporting system reform.     

Police authority and reform in Augustan Rome and nineteenth-century England

This paper examines the police reforms of Augustan Rome and nineteenth-century England against the back-ground of the sociohistorical conditions within which they occurred. It reveals that the localism of reforms in Rome and the centralizing reforms of England were part and parcel of the traditional and modern societies from which they developed. Although this analysis offers few, if any, unequivocal historical lessons concerning the local autonomy and public accountability of modern law enforcement, it does reveal one of its basic dilemmas. Today's police work rests upon a legal rational system of social organization. It is, nevertheless, carried out within the exigencies of local communities of which it is though to be responsive. This dualism between universalistic and particularistic principles underlies current discussions of crime control and order maintenance. Attempts to dissolve this dilemma by focusing upon crime control or order maintenance to the exclusion of the other are inadequate inasmuch as the dilemma belongs to the very structure of society. Consequently, solutions such as external review boards and monitoring agencies or civilian monitoring organizations seem more appropriate as a means of maintaining the presence of universal norms while at the same time increasing levels of public accountability.     

How American Commercial Bail Developed Differently from Other Common Law Countries

Outside the United States those countries sharing the common law tradition are pervasively hostile to commercialization of the bail process, whereas in the United States it is the typical approach. In some jurisdictions payment for bail is a crime; in others it is simply obstructed by various civil legal disabilities. How the American branch of the common law heritage came to deviate so strikingly from the rest on the matter of commercial bail is the topic of this article.

Beginning in the second half of the nineteenth century, courts principally in Ireland, England, and India began to act against payment to bail sureties on the concept that any indemnification of them—even partial—undermined their reliability. Irish courts took the approach that indemnified potential sureties were unreliable and should be rejected by courts. Where all potential sureties were indemnified, bail should be denied. In England courts declared agreements to indemnify sureties illegal contracts contrary to public policy, which would not be enforced by courts. While India took up the refinement of this position, England went on to declare agreements to pay bail sureties to be criminal conspiracies.

Meanwhile in the United States a circumscribed version of the position that indemnification contracts were against public policy—and therefore illegal and unenforcible—actually gained acceptance between 1870 and 1912. In 1912, however, Justice Holmes in Leary v. U.S. renounced the common law concept of bail sureties in favor of an “impersonal and wholly pecuniary” view. This terminated the anti-indemnification movement. Courts soon noted the detrimental effects of commercialism on bail.     

Accountability in health care: an essay on mechanisms, muddles, and mires

This paper presents a critical evaluation of several theories of accountability and their applicability to health care concerns. The authors first provide a preliminary refinement of the imprecise concept of accountability itself and then examine four major types (political; bureaucratic; professional; and economic-consumer). Then, by using disciplinary perspectives provided by several schools of thought in political science (legislative supremacy; general manager theory; government by bureaucracy; objective responsibility; citizen participation), they discuss the degree of accountability presently found in various American health policies. After identifying the inherent dilemmmas within any credible accountability approach to health care programs as now utilized in the United States, the authors recommend that all types of accountability be integrated and strengthened by relying more explicitly on practices characteristic of development administration.     

The Localism Act 2011: The Hollow Housing Law Revolution

In November 2011, the Localism Act was passed and, on one view, reflects the widest‐ranging reforms to housing law for over a half century. Ambitious in its stated aims, the legislation was trailed as representing a broad shift in power from central Whitehall to local communities and individuals. The article critically examines the central changes introduced by the 2011 Act as they pertain specifically to housing law in England, namely the new flexible tenancy regime, the changes to homelessness duties under Part VII of the Housing Act 1996 and the reforms concerning the allocation of social housing. The article interrogates the extent to which the reforms realise the stated localist agenda and highlights areas of difficulty in interpretation and application. It concludes that rather than bestowing greater power on local communities, the reforms to housing law will instead effect a perceptible reduction of power in the hands of local people.     

Forensic Facial Comparison: Issues of Admissibility in the Development of Novel Analytical Technique

Much contemporary debate in forensic science concerns validity and admissibility of scientific evidence in court. In this paper, three current approaches to facial identification—image superimposition, photogrammetry, and morphological analysis—are considered with regard to criteria for scientific evidence in the United States, and England, and Wales. The aim of the paper is to assess the extent to which facial image comparison meets criteria of admissibility in these jurisdictions. The method used is a comparative evaluation of the methods of facial image comparison and their underlying premises against the range of admissibility criteria reported in court rulings and relevant judicial and scientific inquiries in the United States and the United Kingdom. While the techniques of facial image comparison are generally accepted within their practitioner communities, they are not tested, and their error rates are unknown. On that basis, the methods of facial image comparison would appear not to meet the anticipated standards. They are, nevertheless, admitted in court in the United States, and England, and Wales. This paper concludes that further research in science and law will be necessary to more definitively establish admissibility of facial image comparison evidence, as it will for other nascent and novel methods that are potentially influential in court proceedings.