Why outcomes matter: reclaiming distributive justice

ABSTRACT

A significant strain of libertarian thinking is hostile to the idea that distributions of wealth and/or income (economic outcomes) can be judged according to antecedently determined normative standards. The general conceptual argument can be seen in the works of F. A. Hayek and Robert Nozick, both of whom argued that when governments step in to adjust outcomes, they coercively and intentionally distort the terms on which individuals make their individual decisions. By contrast, the coercion that comes with market exchanges, in that it is beyond the intentions of market actors, is not an affront to freedom, rightly understood. The proper role of government is thus to protect these exchanges (economic procedures) and leave outcomes – whatever they are – unaltered. I argue here that this critique of distributive justice turns on a false distinction between economic procedures and economic outcomes, and that reconceptualizing this distinction allows us not only to overcome objections to outcome-based distributive justice, but also to reconsider how the legitimacy of a system of ownership is determined.     

The young and the restless: housing access in the critical years

Abstract

How do governmental housing policies affect the ability of young people to exit the parental home? This paper makes three claims. First and most important, governments that create accessible and liquid mortgage markets make it easier for young people to launch from the parental home. Second, even in those countries with more liquid housing markets, younger generations today still have an increasingly difficult time realising their preferences compared to prior generations. Third, increasing income and wealth inequality interacts with housing markets to create this uneven playing field both within and across generations. This paper examines these relationships in 20 high-income OECD countries. Fewer adult children live in the parental home in countries with deep mortgage markets, high levels of social rented housing, tax relief for ownership, low buyers' transaction costs and high residential mobility. These countries cut across the traditional housing regime typologies, highlighting the need for additional housing-specific theory building.     

Improving the Comprehensibility of a Canadian Police Caution on the Right to Silence

Modifications to a Canadian police caution on the right to silence were made in an attempt to increase its comprehensibility. University participants were asked to imagine themselves in an arrest and interrogation situation in which they were either innocent or guilty. It was hypothesized that participants who received the modified caution would score significantly higher on measures of comprehension than those who received the standard caution. Results indicated that comprehension was significantly higher among those that received the modified caution and that those with higher comprehension scores were more likely to exercise their right to silence. These findings suggest that clarifying and standardizing how a detainee’s rights are communicated will lead to better comprehension and greater protection against false or coerced confessions.     

CAUSATION IN EC MERGER CONTROL

"there are ever so many ways that a world might be; and oneof these many ways is the way that this world is" (David Lewis,1986)

This article looks at two areas of merger control under EC Lawwhere the principles of causation are applied and, in our view,misapplied. The article traces the development of the conceptof the "counterfactual" in antitrust law. It then draws on thisanalysis in considering the operation of the "failing firm defense,"and in particular the standard of proof employed by the Commissionwhen analyzing the "counterfactual" in relation to the failingfirm defense. We argue that the Commission employs an excessivelyhigh standard of proof, and that this standard of proof contributesto the drawing of the failing firm defense too narrowly, througha misapplication of the principles of causation. We then proceedto contrast and prefer the approach of the UK Competition Commissionin recent cases. In the final part of the article we considerscenarios where two or more mergers are contemplated in thesame market at the same time, in cases of both parallel andoverlapping mergers. In these complicated scenarios, which requireprospective, multifaceted analysis, we set out in detail how,despite inherent difficulties, a similarly rigorous applicationof the principles of causation produces coherent results.     

Identification of synthetic cannabinoids in herbal incense blends in the United States

Abstract: Synthetic cannabinoid agonists are chemically diverse with multiple analogs gaining popularity as drugs of abuse. We report on the use of thin layer chromatography, gas chromatography mass spectrometry, high‐performance liquid chromatography, and liquid chromatography time of flight mass spectrometry for the identification and quantitation of these pharmacologically active chemicals in street drug dosage forms. Using these approaches, we have identified the synthetic cannabinoids JWH‐018, JWH‐019, JWH‐073, JWH‐081, JWH‐200, JWH‐210, JWH‐250, CP47,497 (C=8) (cannabicyclohexanol), RCS‐4, RCS‐8, AM‐2201, and AM‐694 in various commercially available products. Other noncannabinoid drugs including mitragynine have also been detected. Typical concentrations of drug in the materials are in the range 5–20 mg/g, or 0.5–2% by weight for each compound, although many products contained more than one drug.