Behavioral economics and health policy: understanding Medicaid's failure

This Article employs a behavioral economic analysis to understand why Medicaid has failed to improve the health outcomes of its beneficiaries. It begins with a formal economic model of health care consumption and then systematically incorporates a survey of psychosocial variables to formulate explanations for persistent health disparities. This methodology suggests that consulting the literature in health psychology and intertemporal decision theory--empirical sources generally excluded from orthodox economic analysis--provides valuable material to explain certain findings in health econometrics. More significantly, the lessons from this behavioral economic approach generate useful policy considerations for Medicaid policymakers, who largely have neglected psychosocial variables in implementing a health insurance program that rests chiefly on orthodox economic assumptions. The Article's chief contributions include an expansion of the behavioral economic approach to include a host of variables in health psychology, a behavioral refinement of empirical health economics, a behavioral critique of Medicaid policy, and a menu of suggested Medicaid reforms.     

China's ‘Peaceful Rise’ Enters Turbulence

This article seeks to place recent developments in China in a larger context through three arguments. First, Chinese military policy has indeed made a major turning over the past decade; second, this turning is based on a fragile and unrealistic strategy that is already eliciting counterreactions that will make achievement of its apparent goals increasingly difficult. Finally, this strategy's failure will present China with unwelcome choices about how far to take her use of force. The “rise” of China is now encountering turbulence that may undo it.     

Arafat, The Man Who Wanted Too Much

Writing this profile after Yasser Arafat's death in 2004, the author argues that Arafat's career was a monument to Western weakness and ineptitude in dealing with international terrorists.     

The Rise of Chinese Power and the Implications for the Regional Security Order

This article examines the reach of China's growing economic and military power in East Asia. It examines the economic and military sources of the rise of China and the implications of the development of Chinese strategic influence on the Korean Peninsula and across the Taiwan Strait. It also considers where in East Asia China has yet to develop greater coercive or deterrent military capabilities, so that the strategic status quo in this area persists, thus establishing the regional strategic boundaries of the rise of China and the emerging U.S.-China great power order in East Asia.     

Is Russia Succeeding in Central Asia?

On a number of recent occasions, the top Russian leadership has expressed its special interest in the affairs of former Soviet republics, including the assertion that Russia has a “privileged” relationship with these now independent states.¹ Is this a claim of accomplished fact, of future intention, or perhaps an empty expression of nostalgia for lost status? As we see it, the record of Russian actions in the largest group of these states—the five of Central Asia—allows us to exclude the first and question whether the second is realizable. Russia must contend with the aspirations of those states themselves, as well as the determined interests of China and, to a lesser extent, the West.     

To Survive, Decentralize!: The Barbarian Threat and State Decentralization

What happens when states or empires face multiple and geographically dispersed assaults along their frontiers from non-state, tribal actors? It is plausible to argue that the result may be state decentralization, both military and administrative. In some cases, this may be a conscious strategy pursued by the central authorities, but in others, it may be the result of centrifugal tendencies pursued by disaffected local leaders. This article illustrates this argument by describing the end of the Roman empire, caused by multiple assaults of barbarian groups. The lesson is that in such an environment a centralized state that arrogates to itself all the functions of security provision may undermine its own safety.     

Data security: Past,present and future

The loss by Her Majesty's Revenue and Customs (HMRC) of two CDs containing 25 million child benefit details has changed the data security landscape forever. No longer is data security the exclusive and rather arcane preserve of spotty technology professionals or data protection lawyers. HMRC has thrust data security onto the front pages of the mainstream media and brought it very suddenly to the top of the political and commercial agendas of senior politicians and boards of directors. In this article, the author will outline the reasons behind the rise of data security as a front line issue and examine the lessons to be learnt from HMRC. He will analyse the different facets of data security risk and explore ways in which organisations can go about managing it. He will outline the attitude of regulators to data security and where regulatory developments are likely to take us. The final part of the article looks into the future, with particular focus on the emergence of privacy enhancing technologies.     

The Rise and Demise of the Two-State Paradigm

The conventional wisdom recommends the establishment of a Palestinian state to bring about an end to the Israeli-Palestinian conflict (the two-state paradigm). This article first reviews the confluence of domestic and international factors that led to the resurgence of the two-state paradigm. Next, it concludes that a peaceful outcome in accordance with this paradigm is unlikely to emerge in the near future: the two national movements, the Palestinian and the Zionist, are not close to a historic compromise, and the Palestinians are not able to build a state. Finally, the article analyzes the policy options available to policymakers. State-building is unlikely to succeed. Similarly, a binational state, where Arabs and Jews live peacefully together is not within reach. A regional approach that advocates a greater role for Arab states in Palestinian affairs has better chances of stabilizing the situation than the previous options. Finally, in the absence of a solution, the most realistic policy appears to be conflict management.     

Current developments in Open Source Software

Open Source Software (OSS) has hit the mainstream in recent years and its scope is set to increase. Best seen as a range of associated licensing techniques, there are many different types of OSS licences. Coupled with a lack of settled case law and rapidly developing market practice, legal interpretation of the OSS world presents challenges to lawyers. Of the ‘top 20’ OSS licences, the GPL is the most commonly used and among the most radical in legal effect. The GPL's legal radicalism centres on its Article 2(b) concept of ‘copyleft’. Copyleft is an inheritance requirement to pass on the GPL's terms to other software that ‘contains’ or is ‘derived from’ the initially used GPL software. I illustrations of Article 2(b) issues from the Linux and Java worlds are provided. Current case law (such as it is) is then overviewed. Finally, contractual and policy implications of OSS governance are then reviewed as the increasing uptake of OSS in the organisation is mirrored in the growing importance of OSS governance.