正式合同法和合同执行机制在经济发展中的角色

本文所讨论的是正式合同法及其执行机制在经济发展中的角色。不同于多篇提交给本次研讨会的其他论文,本文的追问是毫无掩饰的——甚至是毫无歉意的——后果论导向:一套正式的合同法及其执行机制的存在是否会大大有助于发展中国家的经济增长。     

Marriage patterns among unwed mothers: Before and after PRWORA

The promotion of marriage and two‐parent families became an explicit public policy goal with the passage of the 1996 welfare reform bill. Marriage has the putative effect of reducing welfare dependency among single mothers, but only if they marry men with earnings sufficient to lift them and their children out of poverty. Newly released data from the 2002 cycle of the National Survey of Family Growth (NSFG), along with data from the 1995 cycle, allow us to compare pre‐ and post‐PRWORA differences in (1) cumulative marriage rates among unwed mothers, and (2) patterns of marital choice (that is, differences in characteristics of the men these mothers marry, such as their education and employment status). Overall, our results show that unwed childbearing is associated with lower marriage rates and marital quality. Difference‐in‐difference models show that welfare reform was not strongly associated with pre‐ and post‐welfare reform changes in marriage among nonmarital birth mothers, even among the most disadvantaged mothers. Compared with other women, nonmarital birth mothers also were less likely than other women to marry “economically attractive” men in the post‐welfare reform period. The success of marriage promotion initiatives may depend heavily on whether women themselves are “marriageable” and whether potential spouses have the ability to support a stable family life. © 2008 by the Association for Public Policy Analysis and Management.     

Horizontal mergers and efficiencies; theory and anti trust practice

Horizontal mergers can be challenged by anti trust authorities under both the US and EU Horizontal Merger Guidelines. More horizontal mergers are unconditionally approved in the US than in the EU. EU merger policy toughened after 1998 but became more in line with US practices after 2004. Differences in merger policies between the US and the EU can be explained by a greater scope of the efficiency argument in the US. The paper argues that firms only want to merge in oligopoly, if they expect to realize substantial merger specific efficiency gains, which counterbalances the price increasing effect of merger.      

Youth justice conferencing and indigenous over-representation in the Queensland juvenile justice system: a micro-simulation case study

Restorative justice conferencing for young offenders is firmly established in Australian juvenile justice, and legislated conferencing schemes are operating in all Australian states and territories. While there is some variation in the terms used to describe restorative justice conferences (e.g., family group conferencing, family conferencing, or youth justice conferencing), there is much more consistency in how the conferencing process is managed across Australian jurisdictions. In Queensland youth justice conferencing is a process that brings together an offender, the victim and their supporters to discuss the harm caused by the offending behaviour and provide the young person with an opportunity to take responsibility for his or her behaviour and make amends. This paper begins by briefly sketching the development of restorative justice conferencing in Queensland and describes the Juvenile Justice Simulation Model (JJSM), a micro-simulation model developed for criminal justice policy analysis in Queensland, Australia. We use this micro-simulation model to conduct an experimental exploration of the effects that youth justice conferencing has on system-wide outcomes for indigenous young people. The model simulates the impact of interventions up until 2011 on the number of finalised youth justice court appearances. Our results indicate that youth justice conferencing is unlikely to reduce the over-representation of indigenous young people in the juvenile justice system. The simulations demonstrated that, by the 2011, youth justice conferencing would result in a 12.5% decrease in finalised court appearances. Unfortunately, this decrease was more apparent for non-indigenous young people (13.7% decrease in court appearances) than for indigenous young people, who had a 10.5% decrease in court appearances. This differential impact of conferencing is due to the different court appearance profiles between indigenous and non-indigenous young offenders, with indigenous young people initiating offending at an earlier age and offending more frequently than non-indigenous young offenders.