The Hand Rule and United States v. Carroll Towing Co. Reconsidered

Judge Learned Hand’s opinion in United States v. CarrollTowing Co. (1947) is canonized in the law-and-economics literatureas the first use of cost-benefit analysis for determining negligenceand assigning liability. This article revisits the case in whichthe Hand formula was born and examines whether Judge Hand’sruling in that case would provide correct incentives for efficientlevels of precaution. We argue that the negligence test as usedby Judge Hand is somewhat different from the Hand test as usedby modern law-and-economics theorists. With a game theoreticanalysis of the case, we show that Judge Hand’s negligencetest could in fact produce games with inefficient equilibria,or with liability determinations opposite Judge Hand’s.     

Freedom to do What you are Told: Senior Management Team Autonomy in an NHS Acute Trust

Arguably, the government's aim of using the reward of 'earned autonomy' and Foundation Trust status as an incentive to improve performance in the NHS will only be effective if Trust managers view greater autonomy as both desirable and realistic. This article examines this issue by investigating the extent to which members of an NHS Trust's senior management team perceive themselves as autonomous, the factors most likely to hinder their ability to operate autonomously, and the extent to which managers want greater autonomy. In the event, autonomy was largely restricted by extensive centrally dictated targets. Entrenched professional interests and a lack of managerial skills on the part of clinician managers suggested limitations on the extent to which autonomy can be realistically devolved. Additionally, there was little belief among managers that greater autonomy would enable healthcare services to be delivered more effectively.     

A Proposal for a New Rule of Adverse Possession

In this paper, I propose a new rule of adverse possession whereby the occupier acquires title if the owner does not raise an objection to the occupation within the legal limitation and at the same time the owner himself has not met the legal standard of monitoring effort. I show that the proposed rule with suitably chosen legal standard of monitoring effort can improve efficiency relative to the current rule of adverse possession.     

Generating Usable Knowledge through an Experimental Approach to Public Administration

This introduction to the symposium on experimental methods in public administration shows how using experimental methods generates not only research that is empirically credible, but also relates to the real world of public administration. The ten articles in the symposium subject classic public administration theories or hypotheses that have been generated in nonexperimental research to rigorous testing using experimental methods. The first group of articles consists of studies with citizens who interact with government. The second group consists of three studies with public officials.     

The domestic politics of international development in South Korea: stakeholders and competing policy discourses

Abstract

The paper examines the domestic politics surrounding South Korea's foreign aid policy. It delineates the institutional characteristics and strategic interests of key government and non-government stakeholders, and suggests an analytical framework to comprehend the country's aid policy regime. It suggests that two competing policy discourses exist – one emphasising ‘intellectual leadership’ and the other ‘ethical leadership’ as the key principle of aid policy. In practice, the country's political leadership promulgates a complex amalgam of these discourses in alignment with their own political imperatives and interests. The paper discusses ‘Global Saemaul Undong’ as such an example under the incumbent Park Geun-Hye administration.     

Think socially but act publicly: refocusing CSR as corporate public responsibility

Current literature has identified many different definitions for the concept of corporate social responsibility (CSR). As a result, many organizations fail to implement and measure CSR strategically. This study reviews the different theories and concepts within CSR and suggests that the current scope of CSR activities is too large that organizations are unable to find a tangible link between CSR and their bottom line. Using two case examples, this study proposes refocusing the concept of CSR as corporate public responsibility (CPR) based on which organizations utilize the concept of publics to prioritize the groups to which they must fulfill their responsibilities before attending to society as a whole. Because organizations are constrained by limited resources, the concept of CPR allows them to invest their resources more strategically. The concept also addresses the limitations of existing theories. The practical implications of this concept will be discussed in detail. Copyright © 2015 John Wiley & Sons, Ltd.     

Procedural justice and perceived electoral integrity: the case of Korea's 2012 presidential election

Recently, there has been an increase in the number of scholars focusing on why voters around the world differ in their evaluations of electoral integrity. One group of scholars contends that perceived electoral integrity is determined by partisan status according to election results. Another group claims that individual perception of election quality is influenced by such political cues as institutional support for election management bodies. Although the two groups have developed this subject differently, they both underestimate the degree to which the election process affects electoral integrity. Based on the theory of procedural justice, this study argues that the more problems citizens see in the electoral process, the more negatively they tend to rate elections. An analysis of a public opinion survey conducted immediately after the December 2012 presidential election in South Korea provides credible evidence for our theoretical expectations and presents an important implication for elections of new democracies in a comparative perspective.