Can Making It Harder to Convict Criminals Ever Reduce Crime?

This paper attempts to find the optimal level of the burden of proof needed in criminal cases in order to minimize crime. It also aims to provide an explanation for the higher burden of proof required in criminal cases than civil cases. It assumes that police officers receive incentive payments for convictions in cases they investigate. Although the direct effect of a higher burden of proof requirement is to reduce the probability of conviction, the indirect effect is to force police officers to build stronger cases and put more effort into finding suspects who are more likely to be guilty. Moreover, the increase in the marginal probability of conviction potential criminals face when they actually commit a crime increases. These factors imply that a reduction in the burden of proof will not necessarily reduce crime.     

Family as a commonsensical device and its place in law★

This paper is in five main parts. The first introduces membership categorisation analysis (MCA) as originally outlined by Harvey Sacks and, here, as a possible extension of semiotic analysis. MCA is broadly a contribution to discourse analysis in general and to conversation analysis in particular. The approach concerns membership categorisation devices such as family, the categories they can contain such as ‘mother’, ‘father’, ‘child’, etc. and the category-bound activities or predicates commonsensically attachable to such categories. The second section looks at the legal background to family law in Australia and shows that its basic assumption is, by and large and with some exceptions, to work from categories (what people are) rather than from predicates (what they in fact do). In the third section, we examine a particular Family Court case (Re Patrick) which highlights the contestation between these approaches. Following this, we examine some recent shifts in the Australian states and territories towards more predicationally-based legislation and argue for their coherence in contemporary society and its increasingly flexible conceptions of what may constitute a family. Finally, we return to the question of semiotics generally and make a case for our MCA-based distinctions as contributions to a possible semiotics of law. In the beginning was the deed – Goethe     

Strengthening Efforts to Engage the Hispanic Community in Citizen‐Driven Governance: An Assessment of Efforts in Utah

How can the Hispanic community in Utah strengthen its active engagement in government? Interviews by the authors with key government and community‐based organization representatives offer evidence on (1) who is being engaged in the Hispanic community, (2) what are the barriers to engagement, and (3) which modes of engagement are likely to be effective and under what conditions. Findings indicate that only a small elite in the Hispanic community is currently involved. Even for the elite, engagement is fairly superficial. Historical patterns characterize the Hispanic community limited interaction. The peculiar nature of Utah government also reduces their participation. Pragmatic lessons are drawn to enhance substantially improved partnerships, build comprehensive action plans, and strengthen government commitment to civic inclusion that transcend Utah and apply to diverse minority communities everywhere.     

Expanding dependent coverage for young adults: lessons from state initiatives

The Patient Protection and Affordable Care Act (ACA) requires that adults up to age twenty-six be permitted to enroll as dependents on their parents' health plans. This article examines the experiences of states that enacted dependent expansion laws. Drawing on public information from thirty-one enacting states and case studies of four diverse reform states, it derives lessons that are pertinent to the implementation of this ACA provision. Dependent coverage laws vary across the states, but most impose residency, marital status, and other restrictions. The federal Employee Retirement Income Security Act further limits the reach of state laws. Eligibility for expanded coverage under the ACA is much broader. Rules in some states requiring or allowing separate premiums for adult dependents may also discourage enrollment compared with rules in other states (and the ACA), where these costs must be factored into family premiums. Business opposition in some states led to more restrictive regulations, especially for how premiums are charged, which in turn raised greater implementation challenges. Case study states did not report substantial young adult dependent coverage take-up, but early enrollment experience under ACA appears to be more positive. Long-term questions remain about the implications of this policy for risk pooling and the distribution of premium costs.     

Bystander reaction to women fighting: developing a theory of intervention

This article explores accounts of bystanders to female-on-female public violence. Group interviews with participants in the night-time economy are carried out. Whereas men tend to respond to the discussion topic of female-on-female violence with laughter, this laughter reveals ambivalence and discomfort as much as amusement. Men seem to negotiate the tension between the expectation that they should intervene in emergencies and a catalogue of costs that attend intervention. Female bystanders appear to have a different set of concerns. They talk about feelings of shame at the interpersonal and the group level. Women cite the public spectacle, and the opportunity for men to demean or sexualize women, as reasons for intervention. The article concludes with some recommendations about the importance of exploring female violence in its own terms, beginning with a series of identified moral and social dilemmas incurred within possible third-party intervention.     

A multi-winner nested rent-seeking contest

Public Choice - This paper considers a symmetric imperfectly discriminating rent-seeking contest in which there may be several winners. We first demonstrate a serious flaw in previous work and then...