The incumbency dilemma and rent extraction by legislators

An incumbent is able to shirk or otherwise obtain rents based on his tenure of office because more senior representatives are better able to advance their legislative agendas than are more junior members. The realization of incumbent rents implies that an electoral prisoners' dilemma occurs at the level of voters across electoral districts. Pivotal voters in each district would benefit if all incumbents were replaced by challengers with similar legislative programs because the cost of incumbent rents can be avoided, but each benefits if his representative has more seniority than those from other districts.     

Eu Programme Management 1977-96: A Performance Indicators Analysis

Measuring the performance of public services and programmes is now a generally accepted part of the scenery of public management. In practice, it is often honoured more in the breach than the observance owing to well-known technical and epistemological problems. In the absence of reliable performance data, normative assumptions may prevail on policy makers and managers alike which are at variance with objective reality.
The critique and attempted reform of EU programme management is often based on such assumptions. This paper attempts to provide an empirical and epistemological basis to the judgment of EU programme management by identifying appropriate performance indicators, collecting data on them from audit reports over a 20-year period and constructing a methodology for analysis. Criteria for reliable sources and the effect of intervening variables on the results are discussed.
The paper reviews the evidence of the aggregate data collected for the five major EU spending areas, and suggests some conclusions questioning both commonly held assumptions about, and models for, the reform of EU programme management.     

The pathological features and circumstances of death of lethal crush/traumatic asphyxia in adults--a 25-year study

A 25-year retrospective study of cases of crush/traumatic asphyxia autopsied at Forensic Science SA, Adelaide, Australia from 1980 to 2004 was undertaken. A total of 79 cases of crush asphyxia was found consisting of 63 males (80%) and 16 females (20%). The age range of the males was 19-86 years (mean=41.8 years) and of the females was 19-75 years (mean=38.6 years). In 18 cases the exact circumstances of death were unclear, leaving 61 cases in which details of the fatal episode were available. Major categories included vehicle crashes (N=37), industrial accidents (N=9), farm accidents (N=6) and entrapment beneath vehicles (N=5). Forty of the 79 victims (51%) had only very minor bruises and abrasions; 28 (35%) had evidence of chest compression with rib and sternal fractures and large areas of soft tissue bruising of the chest; 7 cases (9%) had other significant injuries or findings that had contributed to death. All of these victims had signs of crush asphyxia in the form of intense purple congestion and swelling of the face and neck, and/or petechial hemorrhages of the skin of the face and/or conjunctivae. The pattern of pathological findings of crush asphyxia was not influenced by the presence or absence of concomitant serious or lethal injuries. In 4 cases (5%) where the circumstances of the lethal episode were those of crush asphyxia there were no characteristic pathological findings. This study has shown that a high percentage of crush asphyxias may be caused by vehicle accidents. It has also demonstrated that on occasion fatal crush asphyxia may have to be a diagnosis of exclusion, made only when there are characteristic death scene findings, and no evidence of lethal natural diseases or injuries at autopsy, with negative toxicological screening.     

Mechanisms of unexpected and/or sudden death in Lafora disease

A 23-year-old male was found dead wedged between two chairs at his home address. His past history included a diagnosis of Lafora disease (a type of heritable progressive myoclonic epilepsy) at the age of 16 years. This had been characterised by the development of epilepsy and progressive motor impairment and mental deterioration. Diagnosis had been confirmed by demonstration of mutation in the EPM2A gene on chromosome 6q24. At autopsy, petechial haemorrhages were noted of the face and conjunctivae bilaterally. There were no other significant findings apart from gastric contents within the airways. Death was attributed to positional asphyxia complicated by aspiration of gastric contents. Although death in Lafora disease is usually predictable and often protracted, sudden and/or unexpected death may occur and involve status epilepticus, sudden unexpected epileptic death, choking, aspiration of gastric contents, and cardiac arrhythmias. In addition, the possibility exists of unnatural causes of death, such as accidents, provoked by epilepsy or physical inability of the victims to extricate themselves from dangerous situations, or homicides, provoked by difficulties in caring for individuals with significant and progressive disabilities.     

Lost in Translation: Corporate Opportunities in Comparative Perspective

The corporate opportunities doctrine in the United States playsa pivotal role in the contemporary debate about whether Englishlaw’s regulation of when a director can personally exploitan opportunity encountered whilst a director should be moreflexible than it is perceived to be. This article argues thatthis comparative encounter has produced partial and misleadingaccounts of US state corporate law and English law. The articlesubmits three reasons for this. First, English scholarship hasnot taken full account of the institutional context of regulatorycompetition for incorporations within which corporate law inthe United States is produced. This institutional context raisesconcerns about the influence of managerial interests on opportunitiesregulation in the US and raises questions about how an opportunitiesdoctrine could evolve differently in the UK absent the pressuresof regulatory competition. Second, scholars who praise US approachesto the corporate opportunities doctrine as a modern model ofreform allow an idea about the American economy in the late20th century to get in the way of a thorough consideration ofthe purported economic benefits of more flexible regulation.Third, the effect of jurisdictional juxtaposition or contrastleaves a strict, certain impression of English law that brushesover its flexible tensions and ambiguities.