Mens Rea by the Numbers

Before the recent presidential election, a bipartisan congressional effort was made to pass a criminal justice reform bill. The bill faltered in part because of a proposed default mens rea provision: statutes silent on mens rea, that were not explicitly identified as strict liability by the legislature, would be taken to require for guilt proof of knowledge with respect to each material element. This paper focusses on a prominent line of disagreement about the default mens rea provision. Proponents argued that it would reduce the number of unjust verdicts in corporate cases. They noted that there have been convictions of corporations and corporate officers for public welfare offenses in instances in which there was good reason to believe that the defendants lacked mens rea. They touted the legislation, then, as a way of reducing the false positive rate. Opponents noted that the provision would also reduce the rate of true positives in corporate prosecutions—convictions of those possessing mens rea who could not be proven to—and opposed the legislation on those grounds. Both sides, then, accepted that the relevant question was, in part, numerical: under the provision, would the reductions in guilty verdicts of those lacking mens rea outnumber and outweigh the increases in acquittals of those possessing it? This paper critically examines this numerical approach for assessing and justifying the default mens rea provision. The paper argues that there is a small domain under which it is appropriate to reason in such numerical terms about a default mens rea provision, but that that domain is so small as to make such arguments inappropriate when it comes to sweeping legislation, such as that proposed. The paper further argues that in light of this conclusion the default mens rea provision must be examined non-numerically, through appeal to principled considerations about the necessary conditions for morally justified infliction of punishment. When such arguments are freed from numerical considerations of the kind that dominated the public discussion of the legislation, they decide the matter: the default mens rea provision deserves bipartisan support.     

Intending to Aid

Courts and commentators are notoriously puzzled about the mens rea standards for complicity. Accomplices intend to aid, but what attitude need they have towards the crimes that they aid? This paper both criticizes extant accounts of the mens rea of complicity and offers a new account. The paper argues that an intention can commit one to an event’s occurrence without committing one to promoting the event, or making it more likely to take place. Under the proposed account of the mens rea of complicity, an accomplice must have an intention that commits him to the crime’s occurrence, but need not commit him to making it more likely that the crime occurs. The paper traces the implications of this view both for several difficult complicity cases, and for ongoing debates among philosophers of action about the necessary and sufficient conditions of joint agency.     

Entrepreneurship from the Ivory Tower: Do Incentive Systems Matter?

There has been a paucity of research to date that has explored whether incentive systems—in the form of monetary payments to inventors, their department or institution, or to university technology transfer office (UTTO) personnel—affect entrepreneurial activities at U.S. universities. To shed light on whether financial incentives to scientists, their departments, and UTTO personnel effect entrepreneurial activity, we used both qualitative data (structured interviews with 128 UTTO directors) and quantitative data from surveys and databases available on the web. Our results show surprisingly and opposite to our theoretical predictions that incentives to scientists and to their departments are negatively related to entrepreneurial activity. In addition and consistent with theory-based predictions, pay to UTTO personnel is positively related to entrepreneurial activity. We conclude with a discussion that offers some implications to research, practice, and theory in the field of technology transfer.     

The Impact of Political Connections on Donations to Chinese NGOs

ABSTRACT

In this study, we explore the returns to political connections in non-corporate contexts within China, a country transitioning from a planned to market economy. Using China as an empirical case study, we investigate two separate, but related, hypotheses on the financial benefits of political connections for a sample of 1,435 Chinese foundations from 2005–2011. This extends Western donation determinants literature to a Chinese context and political guanxi (social relationships where individuals or organizations exchange future favors or gifts) research to non-corporate contexts. Our empirical results show that there is no relationship between the presence of state employees on an NGO's staff (a measure of political guanxi) and private donations. However, there is a small but positive relationship between the amount of government funding an NGO receives (a signal of legitimacy) and private donations. These findings suggest that, in post-communist countries such as China, donors may not be seeking future favors from their contributions and instead are interested in developing a robust civil society with legitimate, high-quality NGOs. Additionally, the similarity between Western donation determinants research findings and Chinese donation determinants, in this article, requires future comparative studies of both how and why donors make decisions.     

The decentralization of primary health care delivery in Chile

The article argues that during the 1980s the process of decentralization in Chile under the military government of General Pinochet shifted the delivery of primary health care to the municipal level. Despite the return to more democratic forms of government in 1990 the overall structure of local‐level service delivery has remained largely unchanged. The municipalities have retained responsibility for service delivery but resources remain centrally determined. In an attempt to enhance accessibility, choice and the responsiveness of the system to individual and local need, reform has been made to the financial transfer mechanisms and a new model of primary health care delivery has recently been introduced. However, problems of resourcing and implementation limit the effectiveness of some of the changes that have accompanied decentralization. Problems have resulted in primary health care delivery because administrative decentralization has not been accompanied by fiscal decentralization, nor effective political decentralization. Copyright © 2001 John Wiley & Sons, Ltd.     

Longitudinal Associations between Coping Strategies and Psychopathology in Pre-adolescence

Journal of Youth and Adolescence - Much of the literature investigating the association between coping and psychopathology is cross-sectional, or associations have been investigated in a...     

Holding assets in Israel

This article concerns the use of US asset protection trustsby non-US settlers. After considering the basics of US assetprotection trusts, it examines key issues including fraudulenttransfers, revocability, powers of appointment and the income,gift and estate tax consequences for non-US settlers beforefinally turning its attention to the issues of jurisdictionand the recognition and enforcement of foreign judgments.