Simple rules for the developing world

Much of the discussion in favor of simplicity of legal rules and against complex regulation is rooted in economically developed countries with strong state capacity. With economic development and state capacity comes the presumption that complex rules will be enforced. Therefore, analysis focuses on the administrative and error costs, and the unintended consequences of complex rules that are enforced. This paper argues that the Epsteinian insight is even more relevant to the developing world where countries often lack enough state capacity to even take on simple governance tasks. Developing countries often have less than 20 percent of the state capacity of developed countries. However, this does not mean they limit the regulatory structure to a fifth of the tasks. Under-enforcement or non-enforcement of complex rules imposes different costs and unintended consequences on society. Using examples from India, this paper highlights problems of enforcement swamping, deadweight loss, and corruption arising from the under-enforcement of complex rules. To avoid these problems, the paper concludes that a fortiori less developed countries should favor simple rules.

     

Simple rules for a complex regulatory world: the case of financial regulation

European Journal of Law and Economics - Twenty-five years ago Richard Epstein published Simple Rules for a Complex World, which would go on to become one of Epstein’s most influential works....     

Congress' rules for foreign trusts reporting: no more Mr Nice Guy

The current US rules on the obligation to report on the formationof a foreign trust and the consequences of failing to do soare complex. This article outlines the main precautions thatshould be taken by those advising US clients.     

Simple monetary rules: many strengths and few weaknesses

This paper endeavors to examine the basic idea in Richard Epstein’s book Simple Rules for a Complex World. It does so by considering a specific simple rule which was explicitly designed for complex world. A basic idea in Epstein’s book is that the more complex is the world the better is the case for simple rules. To show this, he develops six simple rules pertaining to the rights of individuals, first possession, contracts, torts, government eminent domain and the power of taxation to provide public goods. This paper considers one rule rather than six rules, and it looks at monetary policy rather than policy in general. While the context is different, the case for simple rules made here provides a useful comparison with the case made by Epstein.

     

Making the rules and breaking the rules: the political origins of corporate corruption in the new economy

Recent scandals at companies like Enron and WorldCom have pointed to the systemic origins of many corporate frauds. This paper advances the argument that behind those scandals were strategic political actions that changed the regulatory and legal environment in which those firms operated and created criminogenic institutional frameworks that facilitated acts of corporate corruption. Three case studies involving (1) the California energy crisis of the late 1990's, (2) the regulation of energy derivatives, and (3) accounting treatments of stock options, are presented to illustrate how markets and the rules that govern them are the products of political processes and how they can create motivations and opportunities for corporate fraud. The implications these case studies have for the study of corporate crime and corruption are discussed.     

市场经济应注重对知识产权的行政保护

市场经济是法治经济,应强化对知识产权的法律保护。而知识产权的行政保护以其特殊的保护方式在对知识产权的保护中越发彰显其独特的作用。因此,在目前及今后相当长的一段时间内,充分发挥知识产权行政保护的功能,不断完善知识产权行政保护的作用,是实现对知识产权进行充分法律保护的重要途径之一。     

Simple rules and the Political Economy of Income Taxation: the strengths of a uniform expense rule

European Journal of Law and Economics - The complexity of the U.S. income tax system emerged in part from the differentiated fiscal treatment of specific investments and various sorts of business...     

Abstract rules for complex systems

European Journal of Law and Economics - This article addresses the question—What is the structure of rules required to undergird a complex dynamic system of actions such as the market...     

Interim rules for health insurance portability for group health plans--HCFA. Interim rules with request for comments

This document contains interim rules governing access, portability and renewability requirements for group health plans and issuers of health insurance coverage offered in connection with a group health plan. The rules contained in this document implement changes made to certain provisions of the Internal Revenue Code of 1986 (Code), the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHS Act) enacted as part of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Interested persons are invited to submit comments on the interim rules for consideration by the Department of Health and Human Services, the Department of Labor, and the Department of the Treasury (Departments) in developing final rules. The rules contained in this document are being adopted in an interim basis to accommodate statutorily established time frames intended to ensure that sponsors and administrators of group health plans, participants and beneficiaries, States, and issuers of group health insurance coverage have timely guidance concerning compliance with the recently enacted requirements of HIPAA.     

Technology transfer in a global economy

The emergence of new technologies is acting both as a driving force and an enabling factor to globalization. At the same time, these technologies are changing rapidly, shortening the life cycles of products and the underlying processes, and raising technology costs. Technology transfer from academic and scientific institutions has thus transformed into a strategic variable for companies and nations to cope with these challenges in a global economy. This article introduces the rationale for the special issue on the role of technology transfer in a global economy. The paper summarizes the main topics and themes covered by a selection of papers and keynotes presented at the annual conference of the Technology Transfer Society in 2011, as well as providing some pointers towards a future research agenda.     

Revisions to rules of conduct and standards of responsibility for representatives. Final rules

We are revising our rules of conduct and standards of responsibility for representatives. These revisions further clarify our expectations regarding representatives' obligations to competently represent their clients and constitute official notice concerning our requirements and procedures. We are also updating other rules about the representation of parties. These changes are necessary because our current regulations are insufficient to address some representative conduct that is inappropriate, but has technically fallen outside the scope of our regulations. These changes will allow us to better protect the integrity of our administrative process, ensure that claimants receive competent and effective representation, and further clarify representatives' responsibilities in their dealings with us and with claimants.     

Interim rules for mental health parity--IRS, DoL, HCFA. Interim rules with request for comments

This document contains interim rules governing parity between medical/surgical benefits and mental health benefits in group health plans and health insurance coverage offered by issuers in connection with a group health plan. The rules contained in this document implement changes made to certain provisions of the Internal Revenue Code of 1986 (Code), the Employee Retirement Income Security Act of 1974 (ERISA or Act), and the Public Health Service Act (PHS Act) enacted as part of the Mental Health Parity Act of 1996 (MHPA) and the Taxpayer Relief Act of 1997. Interested persons are invited to submit comments on the interim rules for consideration by the Department of the Treasury, the Department of Labor, and the Department of Health and Human Services (Departments) in developing final rules. The rules contained in this document are being adopted on an interim basis to ensure that sponsors and administrators of group health plans, participants and beneficiaries, States, and issuers of group health insurance coverage have timely guidance concerning compliance with the requirements of MHPA.     

Interim rules for health insurance portability for group health plans; correction--HCFA. Correction to interim rules

This document contains corrections to interim rules which were published in the Federal Register on Tuesday, April 8, 1997 (62 FR 16894). The interim rules govern the access, portability and renewability requirements for group health plans and issuers of health insurance coverage offered in connection with a group health plan under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).     

Exemption of work activity as a basis for a continuing disability review. Final rules

We are publishing these final rules to amend our regulations to carry out section 221(m) of the Social Security Act (the Act). Section 221(m) affects our rules for when we will conduct a continuing disability review if you work and receive benefits under title II of the Act based on disability. (We interpret this section to include you if you receive both title II disability benefits and title XVI (Supplemental Security Income (SSI)) payments based on disability.) It also affects our rules on how we evaluate work activity when we decide if you have engaged in substantial gainful activity for purposes of determining whether your disability has ended. In addition, section 221(m) of the Act affects certain other standards we use when we determine whether your disability continues or ends. We are also amending our regulations concerning how we determine whether your disability continues or ends. These revisions will codify our existing operating instructions for how we consider certain work at the last two steps of our continuing disability review process. We are also revising our disability regulations to incorporate some rules which are contained in another part of our regulations and which apply if you are using a ticket under the Ticket to Work and Self-Sufficiency program (the Ticket to Work program). In addition, we are amending our regulations to eliminate the secondary substantial gainful activity amount that we currently use to evaluate work you did as an employee before January 2001.     

公安文书写作规律与技巧研究

公安机关奖惩性公文的写作规律和技巧。写作奖惩性公文,首先要选择文种;其次,嘉奖令、奖惩性决定和嘉奖批评性通报写作上有其共同的规律。法定公文与刑事法律文书写作特点有不同;此外,不管是向上级汇报工作、反映情况、答复上级的询问,还是向上级请求指示、批准事项,亦或是答复下级的请示事项,所使用的文种和行文要求都不同。最后,刑事法律文书写作所揭示的规律,完全可以用来指导治安法律文书的写作,当然,它们两者之间也有许多不同。     

Trade mark damages for infringement in multiple jurisdictions: a German court rules

A recent decision of the Higher Regional Court of Hamburg inGermany provides useful guidance as to which law applies whentrade mark infringements are committed in several EU memberstates; the Court found an effective and workable solution thatenhances Community Trade Mark Regulation enforcement and strengthensits unitary character throughout the Community.     

Toward a political economy of post-Fordist punishment

This article suggests some new lines of research in the field of the political economy of punishment and some possible new directions for a critical approach to contemporary social control strategies. The starting point is the transition from a Fordist economy to what can be defined as a post-Fordist system of production. I outline some tendencies in the actual capitalist dynamic (concerning the labour market, the production process, the relations between the workforce and capitalist power and between work and social citizenship), suggesting that a renewed political economy of social control has to deal with them. Two tendencies are assumed to be structural. On the one hand, the tendency of the capitalist system to make the production (and extraction) of surplus-value more and more independent of the effective working time (a tendency toward the reduction of human labour in the productive process). On the other hand, the tendency towards the massive introduction of new technologies: a tendency whose main consequences seem to be the intellectualisation of human labour and the decline of the classic distinction between manual and intellectual labour. I assume that these tendencies give rise to a new productive subject (the multitude), whose characters exceed the actual organisation of work and deepen the contradictions intrinsic to post-Fordist societies. Hence, an analysis of some new social control strategies follows, where I consider actuarialism as a technology for the control of these contradictions