Terrance McConnell,Inalienable Rights

Law and Philosophy -     

Zero-base budgeting: some lessons from an inconclusive experiment

Abstract. This paper describes the consequences of an experiment conducted with four governmental programs intended to evaluate the utility of ZBB for improving public sector decision-making. The results of this experiment were mixed. On the one hand, we clearly observed greater participation by operating managers in the formulation of budgets. This, we were frequently told, had positive consequences for staff development and program planning. The zbb experiment also resulted in the generation of more and better information in support of budget requests. However, information has value only to the extent that it increases the probability that decision makers will choose better options than they would without it. In no case was it possible to identify changes in budget amounts or program content that might not have occurred following standard budgeting practices. We do not believe the absence of fiscal or program impact resulting from this experience is in any way conclusive evidence against zbb , but it should serve as a warning to the unwary or over-enthusiastic user. Sommaire. Cet article fait état d'une expérience conduite sur quatre programmes gouvernementaux dans le but d'évaluer l'utilité de la méthode zbb comme moyen d'améliorer le processus de décision à l'intérieur du secteur public. Les résultats de l'expérience sont partagés. D'une part, il apparaît évident que cette méthode suscite plus de participation chez les gestionnaires dans la formulation des budgets; cette participation accrue produit — nous a-t-on affirméà plusieurs reprises — des effets positifs sur le perfectionnement du personnel et sur la planification des programmes. L'expérience a eu aussi pour effet d'engendrer des informations plus nombreuses et de meilleure qualité aux fins de justification des demands budgétaires. Cependant, l'information n'a de valeur que dans la mesure où elle augmente la probabilité que de meilleurs choix seront effectués. Or, dans aucun cas, il n'a été possible d'identifier des changements dans les budgets alloués ou dans le contenu des programmes qui ne seraient pas survenus avec l'emploi des méthodes traditionnelles de préparation des budgets. Nous ne croyons pas que cette absence d'impact sur la fiscalité ou sur les programmes témoigne de façon concluante contre la méthode du zbb , mais c'est une mise en garde pour ceux qui seraient tentés de surestimer les avantages de cette méthode.     

Demographic change and forensic identification: problems in metric identification of Hispanic skeletons

The United States (U.S.) population structure is currently in a state of flux with one of the most profound changes being the increasing number of people referred to as Hispanic. In the U.S., much of the identification criteria for a biological profile are based on American Black and White individuals from anatomical collections. Using metric data from the Forensic Anthropology Data Bank (FDB), this paper will attempt to explore several issues that forensic anthropologists face when confronted with Hispanic remains. These will involve estimation of sex, height, and ancestry, the initial components of a biological profile. Discriminant function analyses indicate that American White criteria provide poor estimations of sex when applied to Hispanics and that ancestry estimation of Hispanic crania is difficult. Additionally, a new linear regression equation is presented that estimates stature for Hispanic individuals, although population specific criteria are still needed for Hispanic individuals from diverse geographical origins.     

THE STOCHASTIC RELATIONSHIP BETWEEN PATENTS AND ANTITRUST

This article develops a novel theory by which to construe theinteraction between the patent and antitrust laws. The rulesof these respective disciplines are often portrayed as conflictingin means, yet harmonious in purpose. Although the intellectualproperty and antitrust laws have ostensibly divergent viewson the role of competition, their interaction is typically limitedto one of constraint. More specifically, antitrust rules havebeen (poorly) designed to limit the exclusivity inherent ina patent grant to the claimed invention alone. This article,however, articulates a new vision for the role of antitrust:it posits that competition rules operate as a stochastic regulatorof exclusionary patent rights. The Sherman Act constrains patentees'efforts to positively transform the probabilistic nature oftheir intellectual property rights through contract. Yet, becausethe empirical calculation of optimal innovation rates is anelusive, if not Sisyphean, task, the normative desirabilityof the foregoing fact is abstruse. Nevertheless, policymakers'inability to pinpoint precisely the ex post rewards requiredto trigger ideal levels of ex ante investment need not bindour hands to inaction. If contemporary rates of innovation aredeemed acceptable (even if not necessarily perfect), there maybe ways to trigger equivalent levels of ex ante investment withlower social cost. In this regard, it is clear that currentlyenacted competition rules significantly accentuate the uncertaintysurrounding patents' apotropaic effect. Concluding that contractssecuring otherwise stochastic rights may be highly desirable,the article calls for the incorporation of this concern intocontemporary rules, with modest substantive effect, and furtheradvocates a qualified antitrust immunity for "gold-plated" patentsif and when they are introduced.     

Multiple Imputation of the Supplementary Homicide Reports, 1976–2005

The Supplementary Homicide Reports (SHR), assembled by the Federal Bureau of Investigation (FBI), have for many years represented the most valuable source of information on the patterns and trends in murder and non-negligent manslaughter. Despite their widespread use by researchers and policy makers alike, these data are not completely without their limitations, the most important of which involves missing or incomplete incident reports. In this analysis, we develop methods for addressing missing data in the 1976–2005 SHR cumulative file, related to both non-reports (unit missingness) and incomplete reports (item missingness). For incomplete case data (that is, missing characteristics on victims, offenders or incidents), we implement a multiple imputation (MI) approach based on a log-linear model for incomplete multivariate categorical data. Then, to adjust for unit missingness, we adopt a weighting scheme linked to FBI annual estimates of homicide counts by state and National Center for Health Statistics mortality data on decedent characteristics in coroners’ reports for deaths classified as homicide. The result is a fully-imputed SHR database for 1976–2005. This paper examines the effects of MI and case weighting on victim/offender/incident characteristics, including standard errors of parameter estimates resulting from imputation uncertainty.

Perpetrators of sexual assault continuing to have sex with their victims following the initial assault: evidence for evolved reproductive strategies

Among a sample of college students, roughly 30% of the women and 12% of the men reported having been the victim of a sexual assault sometime in their lives. Of the assault victims, approximately 23% of both sexes stated that they had sexual intercourse with their assaulters on at least one subsequent occasion. Female victims of a completed sexual assault were significantly more likely to continue being sexually active with their assailants than were female victims who managed to block the assault, while no such difference was found for male victims. This would imply that some men are using assaultive tactics to secure sex partners beyond a single sexual episode, thereby enhancing their potential reproductive success in evolutionary terms. Also, men who committed sexual assault reported having had more lifetime sex partners than did sexually experienced men with no sexual assault history. Overall, the idea that sexual assault is part of an evolved reproductive strategy is consistent with findings from this study.     

Cocaine‐Induced Intracerebral Hemorrhage in a Patient with Cerebral Amyloid Angiopathy*

Abstract: Intracerebral hemorrhage (ICH) is a well‐recognized complication of recreational cocaine use. The precise mechanism of the cocaine‐induced hemorrhagic event is unclear, although multiple factors have been implicated. We report a case of a 62‐year‐old woman who suffered left parieto‐occipital ICH with herniation and death, following a cocaine binge. Microscopic examination also revealed extensive cerebral amyloid angiopathy (CAA) in the vicinity of the hemorrhage. We additionally studied brain tissue in eight subjects between ages of 60 and 80 who were positive for cocaine metabolites at autopsy; of these, none had vascular amyloid‐β deposits by immunohistochemistry. Whereas we found no evidence that chronic cocaine use is a risk factor for CAA, given the age‐associated nature of CAA and the aging population using cocaine, CAA‐induced hemorrhage in the setting of cocaine use may be more common than recognized. This is the first reported case of CAA‐associated ICH precipitated by cocaine.