Could the Presumption of Innocence Protect the Guilty?

At criminal trial, we demand that those accused of criminal wrongdoing be presumed innocent until proven guilty beyond any reasonable doubt. What are the moral and/or political grounds of this demand? One popular and natural answer to this question focuses on the moral badness or wrongness of convicting and punishing innocent persons, which I call the direct moral grounding. In this essay, I suggest that this direct moral grounding, if accepted, may well have important ramifications for other areas of the criminal justice process, and in particular those parts in which we (through our legislatures and judges) decide how much punishment to distribute to guilty persons. If, as the direct moral grounding suggests, we should prefer under-punishment to over-punishment under conditions of uncertainty, due to the moral seriousness of errors which inappropriately punish persons, then we should also prefer erring on the side of under-punishment when considering how much to punish those who may justly be punished. Some objections to this line of thinking are considered.     

A New Ethical World of British MPs?

Following a series of financial scandals in the early 1990s, the House of Commons implemented new ethics rules and regulatory procedures, including a Code of Conduct, a ban on paid advocacy, a Parliamentary Commissioner for Standards and a Select Committee on Standards and Privileges. In the absence of hard data about parliamentary integrity and the prevalence or otherwise of unethical parliamentary conduct, this paper explores the possible effects of the new rules and procedures on MPs' attitudes by comparing data from the 2005 British Representation Study with research conducted in the late 1980s. The evidence suggests that there has been some attitudinal change at the aggregate level, although it remains unclear how much of this change can be attributed directly to the Nolan reforms.     

Assessing the nature of nanotechnology: can we uncover an emerging general purpose technology?

Attention has increasingly shifted towards the long-run perspective on technological innovation, which suggests that progress comes in waves, each one originating with a major breakthrough or general purpose technology (GPT). This paper seeks to assess whether nanotechnology is likely to be (or become) a GPT, a characteristic that other researchers have sometimes assumed though not necessarily documented. Based on a survey of existing literature, this paper will explore the extent to which nanotechnology addresses three primary characteristics of a GPT: pervasiveness, innovation spawning, and scope for improvement. The paper draws on patent and patent citation databases to highlight the types of quantitative and qualitative information that would be necessary, and in some instances is still lacking, to characterize fully the nature of nanotechnology.

Operationalizing The Law of Jurisdiction: Where in the World Can I Be Sued for Operating a World Wide Web Page?

The concept of personal jurisdiction-the power of a court to decide the rights of a person and issue a binding judgment-is becoming increasingly complex in cases involving the World Wide Web. The two approaches courts currently use to assert personal jurisdiction are inadequate and inconsistently employed, leaving individuals who perform services or conduct business over the Web without clear answers about where they may be haled into court. The "Zippo test" fails to consistently take an accurate account of the complete picture of the contacts generated from Internet use, and the "Calder effects test" is not applicable in all cases. This article outlines a "Web-contacts" approach as a consistent way to operationalize "purposeful availment" for personal jurisdiction based on contacts via the Web.     

Greening Industry Without Enforcement? An Assessment of the World Bank's Pollution Regulation Model for Developing Countries

The best comparative and overview source now available for knowledge about pollution regulation in developing countries is the 2000 World Bank policy research report called Greening Industry . The World Bank finds that there is a new model for pollution regulation in lower- and middle-level income countries that is an alternative to "traditional" command and control regulation. The new model stresses flexible norms and nonstate pressures on regulated enterprises coming from communities and markets. This article presents an investigation into this new model. It finds that the prevalence of weak law enforcement may undermine the new model's potential to control pollution in developing countries. It also contends that social and market pressures only occur under certain circumstances often not found in lower- and middle-level income countries. Therefore, the article concludes that developing countries require smart mixes of various regulatory instruments appropriate in the given state and nonstate regulatory capacities, instead of contrasting state and nonstate regulation.     

Is the risk of North–South technology transfer failure an obstacle to a cooperative climate change agreement?

We setup a stylized model with endogenous North–South technology transfer for climate change mitigation. We theoretically identify the driving factors that enhance or hinder cooperation with socially optimal binding targets on emissions and on investment in technology transfer. We find that the risk of technology transfer failure creates an obstacle to the achievement of the cooperative agreement: under cooperation, the South will have to fulfill the emissions target at high costs if technology transfer fails. Under non-cooperation without any binding targets, the North still has an intrinsic motivation to reduce emissions in the South at low costs via technology transfer; and the South does not have the pressure to fulfill an emissions target. As a result, non-cooperation shifts part of the costs of a technology transfer failure from the poor South to the rich North and can thus be preferable for the South. Two policy implications for achieving the cooperative solution are derived: first, the South should be insured against or compensated for a technology transfer failure. Second, an agreement on technology transfer should be formulated in terms of emissions reductions or low-carbon technology capacities that are to be achieved rather than in terms of monetary payments with uncertain effects on emissions. We discuss the model results in the context of empirical facts and current developments.     

Can intellectual property rights within climate technology transfer work for the UNFCCC and the Paris Agreement?

International Environmental Agreements: Politics, Law and Economics - Since the UNFCCC 1992 mandated technology transfer commitments, how to fulfil the commitments and effectively facilitate the...