Some reflections on the economics of prosecutors: Mandatory vs. selective prosecution

Mandatory prosecution is inefficient according to legal economists. We argue that when prosecutors are fairly insulated from their performance or are highly risk-averse mandatory prosecution is better than selective prosecution. This result has important implications for comparative law. We use our findings to provide a positive explanation for the stylized fact that mandatory prosecution generally prevails in civil law jurisdictions whereas selective prosecution is typical of common law jurisdictions.     

The economics and ethics of markets for human organs

In 1984, federal legislation outlawing payment for human organs for transplantation was adopted after only cursory discussion of the underlying policy issues. More considered analysis suggests that this prohibition may be overly broad. It appears possible to design suitably regulated market-type approaches to the acquisition and allocation of cadaveric organs (and perhaps of organs from living donors as well) that will be neither unduly offensive to ethical sensibilities nor easily abused and that may yield significant improvements over the existing system of organ procurement, which presents important ethical and practical problems of its own. Moreover, whatever ultimate judgment we reach concerning the merits of markets for transplantable organs, analysis of the sources of the initial moral resistance to the commercialization that lies behind measures such as the 1984 legislation offers insights into the respective roles of market and nonmarket institutions in general.     

公共财政视野下的《预算法》修改

《预算法》是我国最重要的民生法律,其修改引起社会的广泛关注。2011年11月16日,国务院讨论并通过了《中华人民共和国预算法修正案（草案）》,     

Deterrence and the base rate fallacy: An examination of perceived certainty

This research tests the assumption of deterrence theory that a strong positive relationship exists between the objective properties of punishment certainty and individuals' perceptions of these properties. This is accomplished through the experimental manipulation of information about objective certainty provided to a sample of university students. Results indicate that individuals use such information moderately in making their own estimates of certainty. Little evidence in support of a “base rate fallacy” is found; subjects generally did not ignore objective information in favor of subjective information when estimating personal certainty. Tests of the interactions between individual characteristics and information provided on objective certainty produced few significant results. The implications of the results, particularly that individuals adhered moderately to known objective probabilities in estimating personal certainty, are discussed.     

The ethics of promulgating principles of research ethics: the problem of diversion effects

There is an important distinction between ethical standards for the conduct of research with human subjects and the ethics of promulgating principles of research ethics. Those who promulgate ethical standards for the conduct of research have an ethical responsibility to consider the consequences to which those promulgations give rise. In particular, they must consider whether their promulgations will give researchers incentives not to conduct research or not to conduct research in locales in which participants would benefit from participation. I first show how such ‘diversion effects’ are possible and then examine four principles of research ethics in that light. I then consider several objections to the argument that those who promulgate principles of research ethics should consider diversion effects.     

Health economics: a report on the field

This study documents who health economists are, what they do, and what they think about professional and policy issues. Using primary data obtained through a mail survey of 518 health economists, we found that health economists are well trained by the standards of their profession. Most are employed in noneconomics departments in universities, where they spend their time very differently from their cousins in economics departments. There is a clear dichotomy in policy views among health economists. The characterization of the field as composed of "narrow" neoclassicists and "broad" eclecticists is supported by our data.     

On the economics of plagiarism

Cheating and plagiarism can involve the transgression of intellectual property rights across many areas of life. When a direct financial benefit from such practices is identifiable, the opportunity to seek legal redress is available via civil court action. When it is undertaken by a public official it may constitute malfeasance. Yet in the case of breaches of university regulations (from the growing number of student cheating and plagiarism incidents) subsequent legal intervention may be characterised by situations where the university is the defendant and the alleged plagiarist is the plaintiff (seeking compensation for interrupted study and/or tarnished reputation). University defences can flounder around the issue of proving intent to deceive. What can they do to try to prevent such occurrences? This paper uses economic analysis to examine such issues. Economic models of plagiarism motivated primarily by (i) time-saving and (ii) dishonesty are developed to help frame the discussion. Both model approaches overlap in their implications, namely, ensuring that sufficient resources are devoted to monitoring coursework (to increase the probability that cheating and plagiarism are detected) and of providing sufficiently clear and severe institutional penalties (to counter-balance any expected benefits that the student may perceive to be available from cheating and plagiarism). Policy proposals are raised for further debate and consideration.     

The fallacy of the simultaneous sudden infant death syndrome in twins

The likelihood of twin infants dying suddenly and simultaneously of SIDS, a natural disorder, defies credibility. However, injuries associated with environmental hazards provide possible mechanisms of sudden death. A search for hazards in the homes of 13 pairs of healthy twins who died together of no apparent cause formed the basis of this study. Ten of the 13 sets were certified by medical examiners as simultaneous twin SIDS. The findings in this study suggest that all 13 sets died from injuries, either unintentional or otherwise, and that these deaths could have been prevented.     

刑事诉讼法再修改要论

完善诉讼程序,从制度上保证审判机关和检察机关依法独立公开地行使审判权和检察权,进而保障公民和法人的合法权益,刑诉法再修改确有必要,应尽快纳入议事日程。     

Occupational health ethics: OSHA and the courts

Recent court decisions have stressed the necessity for cost-benefit analysis in evaluating Occupational and Safety Health Administration (OSHA) standards, thus raising difficult ethical questions which this paper analyzes using classical approaches of deontology and teleology. Since both modes of analysis have deficiencies, the need for a synthesis using economic and noneconomic measures is suggested.     

我国公司法最新修订评析

笔者从《公司法》最新修订的时代背景、主要内容入手,详细评析了我国新《公司法》的重大制度、理念创新。同时,也指出了新《公司法》的一些缺陷与不足。