European integration assessed in the light of the ‘rules vs. standards debate’

The interplay of various legal systems in the European Union (EU) has long triggered a debate on the tension between uniformity and diversity of Member States’ (MS) laws. This debate takes place among European legal scholars and is also paralleled by economic scholars, e.g. in the ambit of the ‘theory of federalism’. This paper takes an innovative perspective on the discrepancy between ‘centralized’ and ‘decentralized’ law-making in the EU by assessing it with the help of the rules versus standards debate. When should the EU legislator grant the national legislator leeway in the formulation of new laws and when should all be fixed ex ante at European level? The literature on the ‘optimal shape of legal norms’ shall be revisited in the light of law-making in the EU, centrally dealing with the question how much discretion shall be given to the national legislator; and under which circumstances. This paper enhances the established decisive factors for the choice of a rule or a standard in a national setting (complexity, volatility, judges’ specialization and frequency of application) by two new crucial factors (switching costs and the benefit of uniformity in terms of information costs) in order to assess law-making policies at EU level.     

Health care cost escalation in the united states: Implications of market failure

Much of the rhetoric in the debate over health care reform suggests reconfiguring the health care system so that the free market forces can work efficiently. This paper will show that hopes for a free market solution to the maldistribution of health care are false. The free market system cannot work at the same level of efficiency for health care as it does in the distribution of other goods and services. Health care presents an anomaly to the free market system, making optimal and efficient distribution virtually impossible. That failure of the market system has led to a crisis of disparity in health care access and delivery in the United States.     

The society's tour in Syria and Jordan

Black Box: KAL 007 and the Superpowers. By Alexander Dallin. Berkeley and London. University of California Press. $14.95.

KAL 007: The Hidden Story. By Oliver Clubb. Sag Harbour, NY. The Permanent Press. $16.95.

Shootdown. The Verdict on 007. By R. W. Johnson. London. Chatto &; Windus. £10.95.

"The Target is Destroyed.” What really happened to Flight 007. By Seymour Hersh. London. Faber and Faber. £9.95     

Demography and democracy: the impact of youth cohort size on democratic stability in the world

The traditional explanations for the survival of democratic systems mostly include economic and cultural variables. Only rarely has attention been given to the age structure of a society. This article introduces a hypothesis involving the ‘youth bulge’ concept popular in conflict studies. It is hypothesized that democratic countries with proportionally large male youth cohorts are more likely to become dictatorships than societies with a smaller share of young men. A causal link between demography and democracy is assumed to exist because young men are the protagonists of virtually all violent political action as well as political extremism with a potential to threaten democracy. Strong evidence supporting the hypothesis is found using data for 110 countries in the period from 1972–2009.     

Assets and neighborhoods: The role of individual assets in neighborhood revitalization

Abstract

Asset‐building strategies—including individual development accounts, homeownership programs, and microenterprise development—became increasingly popular in the 1990s. Although research has demonstrated how assets produce individual benefits, less is known about the extent to which these benefits induce positive place‐based effects. We develop a model of the relationship between individual asset‐building strategies and neighborhood revitalization in order to inform future empirical work and help ensure that asset accumulation and neighborhood revitalization are mutually reinforcing. Our model emphasizes the conditions and programmatic factors that may encourage and discourage the transfer of benefits from individuals to neighborhoods.

Examples from case studies of four community‐based organizations suggest that the likelihood of neighborhood spillovers may be increased if policies and practices aim to “manage” the returns from the individual asset, retain asset holders, provide reinvestment conduits, track local purchasing power, and create additional opportunities for collective action.     

Luck,opportunity and disability

This paper argues that luck egalitarianism, especially in the guise of equality of opportunity for welfare, is in tension with the ideal of fair equality of opportunity in three ways. First, equal opportunity for welfare is compatible with a caste system in employment that is inconsistent with open competition for positions. Second, luck egalitarianism does not support hiring on the basis of qualifications. Third, amending luck egalitarianism to repair this problem requires abandoning fair access to qualifications. Insofar as luck egalitarianism cannot support fair equality of opportunity, it cannot do justice to the claims of the disabled. Indeed, in the absence of fair equality of opportunity, disabled people are likely to be marginalized.