The reasonable person standard: a new perspective on the incentive effects of a tailored negligence standard

This paper compares the effects of a uniform reasonable person standard to a due care standard that is tailored to individual capabilities. This is done in a framework in which potential injurers can invest in developing greater capability. I show that the uniform reasonable person standard may induce better or worse investment incentives, depending on whether greater capability is represented by reduced precaution costs or reduced accident costs. In so doing, I show that recent results showing that the reasonable person standard creates better investment incentives are not general, but depend on the model of injurer capacity used. I go on to show the availability of “over-tailoring” of the negligence standard as a novel form of subsidy for investment in care technology. In some circumstances, holding an injurer to a lower standard of care than would be optimal in a perfectly static world can result in a trade-off between dynamic and static efficiency that is superior to that generated by either a uniform or tailored standard of care.     

The contact area of static and dynamic footprints: Forensic implications

When found at crime scenes, footprints may be evidentially valuable and can assist with the identity of a perpetrator based on their features and/or measurements. Footprints can be either static (made while standing) or dynamic (made while walking). While extensive research has been performed on the linear measurements obtained from static and dynamic footprints, research on the comparisons between the contact area of static and dynamic footprints in the forensic context are limited. The present study compares the contact area of static and dynamic bare footprints to determine if statistically significant differences exist between the two. Static and dynamic footprints were obtained from a sample of randomly-selected 461 Jatt Sikh adults (230 males and 231 females) of Indian origin between the ages of 19 and 32 years. The footprint contact area was calculated from each footprint (excluding the toes) using a PedoGRID® sheet. No statistically significant differences were observed between the contact area of static and dynamic footprints for each foot among males and females. However, statistically significant differences between both the sexes were found in the footprint contact areas of both footprint types. The right dynamic footprint contact area was found to be the most predictive measurement for classifying and estimating sex from a footprint’s contact area. The study has implications in the analysis of footprints recovered from crime scenes.     

Estimation of stature from static and dynamic footprints

The ability to estimate accurately from known parameters is a fundamental aspect of science and is evident as an emerging approach in the area of footprints and stature estimation within the field of forensic identification. There are numerous foot dimensions that have been measured in the literature to predict stature with varying degrees of confidence but few studies have tried to link the strength of estimation to anatomical landmarks. Such an approach is utilised in this study which estimates stature from the right footprints of sixty one adult male and female UK participants. Static and dynamic footprints were taken from each volunteer using the 'inkless paper system'. The prints were digitised and twelve length, width and angle measurements were chosen for the analysis. The highest correlations with stature were shown to be the heel to fourth toe print for the static group of footprints (r=0.786, p<0.01), and the heel to fifth toe print in the dynamic footprints (r=0.858, p<0.01). Collinearity statistics suggest the heel to fifth toe print length measurement is independent and not influenced by any other variables in the estimation of stature for the dynamic prints. Linear regression equations for this measurement presented the smallest standard error of estimate (SEE) and highest shared variance (R(2)) of all included variables (SEE 4.16, R(2) 0.74). Our study discusses a potential anatomical explanation as to why the lateral border of the foot and hence the impression it makes upon a hard surface, is a more stable indicator in the estimation of stature. The investigation recommends the use of Calc_A4 and Calc_A5 length measurements when estimating stature from footprint impressions.     

Sexual recidivism: A review of static,dynamic and actuarial predictors

The need for accurate risk assessment of sexual offence recidivism has never been greater. It is widely accepted that actuarial risk instruments outperform clinical judgement and the literature has recently witnessed a surge of empirically derived actuarial measures. However, in spite of the increased levels of predictive accuracy, actuarial measures have been criticized as being unrepresentative, lacking specificity, and being heavily reliant on static risk factors without taking into account dynamic risk, psychological emotional states and treatment effects. Rather than offering a critique of the actuarial movement, this paper offers a summary of static and dynamic risk factors associated with sexual offence recidivism as identified from the literature. Implications of incorporating dynamic factors into risk assessments and actuarial measures are discussed.     

CO<Subscript>2</Subscript> emission allowance allocation mechanisms,allocative efficiency and the environment: a static and dynamic perspective

The object of this paper is to place allocation mechanisms into a framework of Emission Trading Systems and thereby to establish a typology. It analyses how various assignment mechanisms deal with issues such as price determination, allocative efficiency and environmental considerations in a static and dynamic economy model. It analyses how allocation mechanisms are to be ranked and whether they serve the attainment of the general equilibrium. First the paper examines how market-based allocation mechanisms (auctions) perform in light of the above issues. Second the paper distinguishes between the two types of administrative allocation mechanisms: (1) financial administrative allocation mechanisms, combining payment schemes with bureaucratic expertise, and (2) free administrative allocation mechanisms, based inter alia on industrial policy considerations and on passed emission records (grandfathering). In particular, the value added of relative performance standards, which are for example included in the “Performance Standard Rate” (PSR) Emission Trading System, are examined as a means to provide allowances. The overall finding is that in a closed static economy and in the presence of an efficient trading market, different allocation methods produce equally efficient outcomes in allocative and environmental respects. With regard to an open dynamic economy, the impact of initial allocation mechanisms resembles those of a static closed economy. In such an economy the upper limit to the internalisation of negative externalities is given by operator’s costs of environmentally harmful relocation and hence the cost burden placed upon operators is crucial. Auctions and financial administrative allocation mechanisms perform less well than free administrative mechanisms. Relative standard base mechanisms, constituting an important element of the PSR Emission Trading System, perform better than grandfathering schemes because they take into account abatement possibilities of industries, minimise stranded costs and do not give rise to time shifting of abatement projects. It is therefore concluded that allocation mechanisms merit more attention than the discussion relating to capped trade and trade without a cap.      

平等与合理差别——兼论统一人身损害赔偿标准立法

人身损害赔偿标准的多重性,是我国人身损害赔偿立法的基本特点。科学、合理的赔偿标准,是人身损害赔偿制度科学性的重要体现。在确定具体的赔偿标准时,应在承认合理差别的基础上追求法律规则的平等性与公正性。     

网上证券交易:挑战、法律困境及出路

网上证券交易逐渐成为现代证券市场重要的交易方式和目标模式 ,其技术上的优势给现代证券交易提供了良好的发展机遇 ,其所造成的市场结构和交易条件的改变又对市场各方和现行法律形成了巨大的挑战。针对网上证券交易带来的主体、交易平台和系统、交易形式、安全和风险、监管、争议解决等方面的法律困境 ,应坚持“三公”和“保护投资者利益”原则 ,从监管体制、市场准入机制、场外替代交易类型、交易形式效力规则、风险安全保障、争议处理等六个方面完善相关的制度。     

Beyond static and dynamic risk factors: the incremental validity of release planning for predicting sex offender recidivism

Both desistance research and strengths-based approaches to offender rehabilitation suggest that attempts to reduce sex offender recidivism should attend to an offender's release environment. Recent research has demonstrated that better quality release planning is associated with reduced recidivism; however, whether release planning contributes significant incremental validity in predicting recidivism over and above static and dynamic risk factors is unclear. In the present study, release planning was retrospectively assessed for a sample of child molesters (n = 196) who had been released into the community following completion of a prison-based treatment program and its relative contribution to recidivism risk prediction was investigated. The average follow-up period was 11.08 years, during which 13.3% of the sample were convicted of a new sexual offence. Hierarchical Cox regression analyses showed that release planning contributed additional predictive validity for sexual recidivism after controlling for static and dynamic risk factors. Findings suggest that assessment of release planning might improve accuracy of sex offender risk assessments and that improved release planning should contribute to reductions in recidivism.     

The late trading and market-timing scandal of mutual funds

The first decade of the 21^st century witnessed several major financial scandals. One of the less studied of these by criminologists is the late trading and market-timing scandal that involved several major mutual funds, hedge funds, money managers and brokerage firms. Until this scandal was revealed in 2003, the mutual fund industry was considered a “clean” industry in which people with modest means could make long term investments with relatively low risk. The late trading/market-timing scandal changed this situation by harming these long-term investors.     

Data on the static and dynamic rigidity of the calvaria (author's transl)]

Our investigation, carried out on the calvaria of a cadaver, gave us numerical values for the scientific cognition of the static and dynamic flexion- elasticity of the bones of the calvaria. The investigations were carried out with a DYNSTATT type, pendulum-system, flexion-elasticity examining apparatus. On the basis of the measured values three value groups could be established and correspondingly, well-separable regions on the calvaria. While the dynamic static resistance of generally higher value decreases with the progress of the circle, the static resistance rises with approximately identical values. The collateral fractures - indirect fractures - observed beside the direct fractures of the calvaria develop on the parts of the bone around the directly damaged bone region which show relatively smaller static and dynamic resistance.     

Enhancement technologies and the person: an Islamic view

The availability of newer choices in contemporary bioethics, especially enhancement technologies, poses a challenge for Muslim patients and their care providers in making appropriate decisions. How should they reconcile personal autonomy with ethical guidelines of Islamic Shariah (jurisprudence)? This article discusses such concerns.     

Enhancement technologies and the person: Christian perspectives.

Distinctions between therapy and enhancement are difficult to draw with precision, especially in marginal cases. Nevertheless, most recent Christian discussions of enhancement technologies accept the general plausibility of distinctions drawn between therapeutic interventions and enhancement technologies by appealing to general understandings of nature and human nature as available benchmarks. On that basis, a range of religious assessments of enhancement technologies can be identified. Those judgments incorporate different interpretations of nature as a source of moral insight, different understandings of human responsibility in light of God's purposes, and different assessments of the effects of sin and finitude on human freedom.     

The fetus as a patient: emerging rights as a person?

Dramatic scientific breakthroughs in medical technology have revolutionized the physician's diagnostic prowess in the art of obstetrics. Scientific procedures now reveal previously undetectable secrets about the womb's tiny inhabitants. In the last few years, perinatologists have not only demonstrated the ability to discern fetal abnormalities of an extraordinary variety, but also have become increasingly successful in correcting many of these defects in utero. This article identifies the potential medicolegal conflicts that may arise as fetal surgery becomes an accepted medical practice. It begins by surveying the legal rights of unborn persons with a particular emphasis on the role of viability in determining those rights. The article will then examine the concept of viability as developed by the Supreme Court in Roe v. Wade and later abortion decisions and concludes that the current judicial deference to the medical community in determining viability is adequate for balancing rights in the abortion context. However, conflicts among physicians and between the other and her unborn child that may arise in the fetal surgery context suggest that viability may be an adequate benchmark for resolving such conflicts. The article concludes with a recommendation to reform the current method of resolving the critical question of when a fetus becomes viable.     

Communicable disease and mental health: restrictions of the person

Laws for the protection of public health control either the environment, as in the case of sanitation or air pollution regulations, or human conduct. This Article deals with limitations imposed upon individuals in order to prevent the spread of communicable disease and the harm resulting from mental illness. The restraints discussed include compulsory examination and immunization, and forms of compulsory detention or commitment. This Article is a revised chapter of the author's Public Health Law Manual, first published by the American Public Health Association in 1965. The Manual is intended to help public health professionals to understand the law relevant to their practice, and to apply it more effectively.     

Public sector primary care and Medicaid: trading accessibility for mainstreaming

Facilities operated by public and nonprofit agencies have become increasingly important sources of primary care for Medicaid patients. These facilities are particularly important sources of care in segregated, competitive urban areas, where they are more geographically accessible than many private physicians and expand the availability of care to Medicaid patients rather than substituting for care provided by private physicians. In rural areas, in contrast, the availability of care from public facilities appears to reduce the level of care Medicaid patients receive from private physicians in the counties where these facilities are located. These findings suggest that policymakers can expand urban Medicaid patients' access to care by spending on public care, but at the cost of increasing the segregation of Medicaid patients into a two-tier system of care.