Environmental liability reform and privatization in Central and Eastern Europe

The legacy of severe environmental degradation inherited by the new Central and Eastern European (CEE) economies requires liability reform to aid the cleanup of existing pollution sources and create incentives for future environmental risk reduction. The paper analyzes a host of liability approaches to meet these goals, given economic and institutional characteristics specific to the CEE nations, and explores the impact of environmental liability rules on privatization and foreign investment. A principal conclusion of the analysis is that, for a host of efficiency-based reasons, liability should not be retroactively applied to the new owners of privatized firms. Also, the paper advocates the use of national liability funds to finance the cost of existing liabilities, while highlighting dangers associated with their use. In addition to the desirability of alternative privatization mechanisms, the paper also analyzes altemative liability rules to govern prospective environmental hazards.     

Civil procedure: Can the Scots learn from Woolf?

Conclusion So can the Scots learn from Woolf? The answer must be in the affirmative, for his review points up similar problems to those we encounter here. There is no room for complacency in the civil justice system in Scotland, particularly in the field of Information Technology, where court systems and expertise are sadly lacking. It is clear that there is a need for a system of case management in all civil courts, targeted in particular areas or on particular cases, but only after a rigorous reappraisal of court timetabling; and that the public will lose confidence in a civil justice system which does not meet their needs for speedy and affordable decisions, perhaps by turning their backs on it and seeking means of Alternative Dispute Resolution. As for written pleadings, perhaps the most that can be said is that the case for their complete abolition is “not proven”, but that thestatus quo should not be maintained is beyond reasonable doubt. Sheriff of Lothian and Borders at Edinburgh; Member, Sheriff Court Rules Council.     

Congressional Dominance and the International Trade Commission

This study examines the unfair trade decisions of the InternationalTrade Commission (ITC) and how they have been affected by Congress.It begins by identifying the means Congress can use to influenceITC decisions and then estimates both the extent to which thesemeans have been used and the extent to which they have shaped theITC's behavior. The study reaches two conclusions. First, Congresshas tried to shape the ITC's behavior, but it has not tried tomicromanage this behavior. Second, while the ITC's behavior hasbeen influenced by Congress, congressional influence is not asimportant as other factors, such as statutory criteria.     

苏联解体的原因与后果

1991年12月8日俄罗斯领导人Б.Н.叶利钦、乌克兰领导人Л.М.克拉夫丘克和白俄罗斯领导人С.С.舒什克维奇签署了别洛韦日协议,导致了苏联的解体;苏联解体是20世纪世界史上最重大的历史事件之一,这大概是大多数历史学家和政治学家对此的一致评价,而其他所有有关苏联解体的原因、后果等问题则一直是激烈争论的对象。     

Learning from the Danish case: A comment on Palle Svensson's critique of the Franklin thesis

Abstract. Palle Svensson in this issue of EJPR has objected to the characterisation of Danish voters made by Franklin and others who, in various publications, expounded the thesis that on issues of low salience, referendum votes tend to follow party lines. Svensson finds evidence that the Maastricht Treaty was not an issue of low salience to Danish voters in the ratification referendums conducted there, and gives other details of the evolution of public opinion regarding Europe that clarify the circumstances in which our thesis should apply. In the light of his arguments, this Comment presents a more nuanced version of the thesis that learns from the Danish case, and should be of greater utility than our earlier version in helping to interpret the role of government standing in referendum outcomes.     

Should Abused Women's Reports of Partner Substance Abuse Be Accepted as Valid?

Current research suggests that a husband's substance abuse is correlated with severity of physical abuse and the woman's decision to leave a violent situation. Often, only the battered woman's report of abuse is available. This study compares women's reports of their partners' substance use/abuse with their partners' report using a brief measure of polydrug and alcohol abuse, the Substance Abuse Subtle Screening Inventory (SASSI) and the Conflict Tactics Scale (CTS). Data were analyzed for 25 recovery couples and 25 nonrecovery couples. The correlations for all 50 couples between the male's reported use and the female's report of her partner's use on the SASSI and the CTS were significant on all but one of the CTS scales. They ranged on SASSI from .73 to .33 and from .31 to .06 on the CTS. This suggests that the SASSI and possibly the CTS could be used as valuable tools for assessing women's reports of their partner's substance use/abuse.     

THE MPA CAPSTONE EXPERIENCE: FHE ESSENCE OF ANALYSIS IS SURPRISE

A final course, or project is a standard requirement in Master of Public Administration (MPA) programs. This requirement is intended to permit the student to demonstrate advanced ability in the discipline. This article examines one such course at Florida State University. The course included readings, exercises, oral presentations, and a written report. This author assesses the merits and drawbacks of the course as well as notes the unintended consequences that resulted. In concluding the article, the author makes several recommendations for future courses based on the experiences gained in the Florida state model.     

The Whole-Brain Concept of Death Remains Optimum Public Policy

"Brain death," the determination of human death by showing the irreversible loss of all clinical functions of the brain, has become a worldwide practice. A biophilosophical account of brain death requires four sequential tasks: (1) agreeing on the paradigm of death, a set of preconditions that frame the discussion; (2) determining the definition of death by making explicit the consensual concept of death; (3) determining the criterion of death that proves the definition has been fulfilled by being both necessary and sufficient for death; and (4) determining the tests of death for physicians to employ at the patient's bedside to demonstrate that the criterion of death has been fulfilled. The best definition of death is "the cessation of functioning of the organism as a whole." The whole-brain criterion is the only criterion that is both necessary and sufficient for death. Brain death tests are used only in the unusual case in which a patient's ventilation is being supported. Brain death critics have identified weaknesses in its formulation. But despite its shortcomings, the whole-brain death formulation comprises a concept and public policy that make intuitive and practical sense and that has been well accepted by many societies.