How to build European private law: an economic analysis of the lawmaking and harmonization dimensions in European private law

In the process of building a European Private Law, the lawmaking and harmonization dimensions??the modes of harmonization and even more, the scope and reach of the harmonizing effect of the European rules- appear as crucial issues. We show how the harmonization strategy is as important a question as whether we should have European Private Law at all. We present an economic discussion of the different modes of harmonizing Private Law in the abstract, and how they are likely to differently affect outcomes. We also present in informal terms a simple economic model of how to build optimal harmonized rules and standards in a setting of pre-existing separate and diverse national ones, and we systematically explore how the different harmonization regimes (maximum harmonization, minimum harmonization, and pure co-existence of harmonized and national standards) affect the outcomes of the harmonization process.     

Intelligence reform commissions and the producer–consumer relationship

Since 1949 intelligence reform efforts have resulted in extensive studies on every aspect of the intelligence community. One common aspect of commission comment has been how policy-makers interact with the intelligence products, commonly known as the producer–consumer relationship. Decades of successive commissions identify the same or similar problems with the relationship and recommend organizational changes aimed at improving the analyst – policy maker interaction. Eventually, the same issues arise because most structural reforms are incapable of addressing critical aspects of this relationship. Future efforts should first consider previous commission results as well as understand what reforms can and cannot impact this relationship.     

When public-sector salaries become public knowledge: Academic salaries and Ontario's Public Sector Salary Disclosure Act

Abstract: The effects of salary disclosure on public-sector compensation have long been a source of controversy in political and academic circles. Some commentators suggest that because of political pressure and closer public scrutiny, salary disclosure is a good thing because it results in pay that is both lower than it would otherwise be and more sensitive to performance. On the other hand, disclosure raises serious privacy considerations and could also have an inflationary effect on salaries unless all elements in a causal chain linking public knowledge and lower pay are firmly in place. In this study, the authors examine the implications of Ontario's Public Sector Salary Disclosure Act with respect to university-sector salaries. The main conclusions are that salary disclosure, in general, and in the academic sector in particular, has never fully accounted for proper comparability issues and has not been updated to reflect adjustments for inflation. The act also raises important questions of privacy that have not been fully addressed. Perhaps most notably, there is no evidence suggesting that salary disclosure has much of an influence in off-setting other factors affecting salary growth.     

Depression and suicidal behavior among delinquent females

Depressive symptomatology and suicidal behavior were evaluated in a multiethnic sample of 48 delinquent females through ratings on self-reports and probation officers' reports. Psychological functioning of the subjects was also evaluated through the Diagnostic Interview for Borderlines, the Rorschach, and the WAIS or WISC-R in order to identify delinquent personality patterns. Four personality patterns were identified: the borderline, the antisocial, the neurotic, and the socialized delinquent personalities. A chi-square analysis of the data demonstrated that level of depression and frequency of suicidal behavior were both significantly related to personality patterns. Level of depression was also significantly related to ethnicity, but not to socioeconomic status. The results have implications for assessment and treatment of delinquent females and also raise issues concerning the interaction of personality, cultural factors, and delinquent behavior which should be addressed in future research with larger, socioculturally diverse samples.This research is based on the author's doctoral dissertation and was supported by a Pre-Doctoral National Research Service Fellowship award from the National Institute of Mental Health.Received her Ph.D. from the University of California at Berkeley in 1980. Major interest is adolescent psychopathology and delinquency.     

Between policy and reality: multiculturalism, the second generation, and the third space in Britain

Despite the significant level of cultural diversity that exists in contemporary Europe as a consequence of immigration and diaspora, state policies on multiculturalism in several countries have not kept pace with the complex and dynamic processes created by these pluralising social forces and realities. This has given rise to exclusionary contexts that have led to feelings of alienation by immigrant communities. In Britain, the violent street confrontations in Bradford in 2001 and the London bombings of 2005 both epitomised, as well as were outcomes of, the British nation state’s failure to foster dialogue and a sense of inclusion among these communities. Foregrounding the extent of the grievances and frustrations prevalent in British society, these social disturbances have also contributed to renewed debates on issues of national identity, belonging, and multiculturalism. More importantly, these clashes, involving mostly the second-generation British Asian Muslim community, have brought to the fore the dissonance between assumptions of belonging underlying “state multiculturalism”, which moves to fix and stabilise identities, and those that inform the complex processes of identification and constructions of the “third space” of belonging by racialised minority communities. Focusing on Britain, this paper’s central hypothesis is that official multiculturalism has failed to take into account the fluid and heterogeneous frames in and through which second-generation British Asians ground their cultural and political identities and demands. As many of the nation states in Europe are today, like Britain, multiethnic in composition with expanding Asian communities, how successfully or not Britain modifies its integration policies with respect to the presence of minorities of immigrant origin has enormous implications not only for Europe but also for Asia and Asia–Europe relations.     

Cognitive Heterogeneity and Economic Voting: A Comparative Analysis of Four Democratic Electorates

This article examines the cognitive foundations of economic voting in four diverse democratic electorates: Canada, Hungary, Mexico, and Taiwan. We present a theory of heterogeneous attribution, where an individual's level of political sophistication conditions his or her ability to attribute responsibility for economic conditions to governmental actors. In contrast to previous literature, we argue that higher, not lower, levels of political sophistication prompt citizens to "vote their pocketbook." Using data from surveys done in conjunction with recent elections in all of these countries, we find that more politically sophisticated respondents are more likely to make use of pocketbook evaluations in their decisions to support or oppose the incumbent government. These findings both present a significant challenge to the conventional wisdom on political sophistication and economic voting and shed light on the necessary cognitive preconditions for democratic accountability.     

Chinese networks and enterprise development: Malaysian investments in China

This study assesses the argument that common ethnic identity has facilitated the creation of transnational business networks leading to the rise of a new economically powerful “global tribe” comprising ethnic Chinese from East and Southeast Asia. The primary contention in this article is that a network with the economic clout of a “global tribe” would entail interlocking stock-ownership ties, a sharing of resources and cooperation to the point of merger. Through an in-depth analysis of investments in China by ethnic Chinese from Malaysia, this article proves that even major Chinese-owned companies have little or no interlocking stock ownership and directorate links, either domestically or across borders, with other Chinese-owned companies. The growing inflow of investments into China by ethnic Chinese from Southeast Asia is primarily due to endeavours by government leaders in the region and China to encourage businesses to invest in the Mainland.     

A Systemic Approach to Security: Beyond the Tradeoff between Security and Liberty

The concept of security has shifted from territorial integrity to human security and, after 9/11, to pre-emptive security. Based on the massive implementation of surveillance-oriented security technologies (SOSTs), pre-emptive security emphasizes anticipation of threats and risk management. While liberty and security get framed as standing in a trade-off, SOSTs are massively deployed to increase security. Due to the mutually constitutive relationship between SOSTs and pre-emptive security, security gets framed as a function of surveillance, forcing increasingly monitored citizens to exchange liberty for security. In contrast, a systemic approach to security may enable security policies pursuing liberty and security.