Who’s Afraid of Property Rights? Rights as Core Concepts,Coherent, Prima Facie,Situated and Specified

Natural property rights are widely viewed as anathema to welfarist taxation, and are pictured as non-contextual, non-relational and resistant to regulation. Here, I argue that many of the major arguments for such views are flawed. Such arguments trade on an ambiguity in the term ‘right’ that makes it possible to conflate the core concept of a right with a situated or specified right from which one can read off people’s actual legal entitlements and duties. I marshal several arguments demonstrating this conflation. In particular, I examine the right to free speech, where contextualization and responsiveness to the requirements of other rights are assumed as a matter of course. I conclude that the existence of one natural right does not foreclose the existence of other natural rights. Arguments for or against welfare rights must be assessed, at least to some extent, independently of the assertion of a natural property right.     

CONFIDENTIALITY REVISITED:California Style

Stewart and I have lived through the legal adversary system and we know what havoc it could have wrought on our family…. We were nuts. We were crazy. We were your average psychotic divorcing parents…. What you do not see is we get well. We bailed out of the adversary court system because we could see it was no help to us. We were the lucky ones…. There are thousands like us who could use your help before the war gets started.
—Parent at the 1978 Midwinter Association of Family and Conciliation Courts Conference, Los Angeles.     

MEDIATING JUDICIAL POLICY

Despite the widespread use of mediation to resolve public policy disputes, there is little written on the mediation of judicial rule disputes. A successful mediation of a dispute over proposed court rules to govern mediation of certain family law cases involving domestic violence concerns is reviewed. The authors conclude that the mediation provided (a) a confidential venue for disputing judges to respectfully disagree with one another, (b) an opportunity for collaborative problem solving, (c) an opportunity to reduce conflict among judicial colleagues. (d) a format for dialogue with other stakeholders, and (e) greater degree of influence with regard to the outcome of the dispute. Specific recommendations to encourage the effective use of judicial policy mediation are offered.     

Property rights and unemployment insurance reserves

Unemployment insurance (UI) laws have recently come under considerable criticism for fostering employment disincentives. Imperfections in the experience rating tax schedule has been the primary causal factor behind most of these allegations. In particular, the insurance subsidies created by the tax schedule have been blamed for distorted labor markets and for increased layoffs.This article proposes that a property rights system be established for UI reserves which would enable a firm with an unemployment insurance reserve surplus to lend voluntarily to a firm in need of reserves. Such a system would allocate reserves more efficiently and eliminate some of the disincentives effects of the current unemployment insurance scheme. A property rights system would be a second best solution to perfecting the present unemployment insurance system and making it actuarially sound. However, assigning rights to UI reserves can be implemented without challenging the special interests of the politically dominant industries that have been responsible for maintaining the imperfections in the UI system for 50 years.