Litigation and legal evolution: does procedure matter?

Gordon Tullock’s critique of the common law runs against much of the conventional wisdom in the law and economics literature. In this paper we revisit one of the most controversial aspects of Tullock’s critique. By applying Tullock’s own model of rent-seeking to litigation, we study the effect of alternative procedural rules on civil litigation. Our results provide support for Tullock’s controversial critique of the common law, revealing an evolutionary bias in the production of legal rules by courts. We extend the standard litigation model to study the effects of alternative procedural systems on the evolution of the common law.     

Autorisierung. Eine wissenschafts- und wirtschaftssoziologische Perspektive auf geistiges Eigentum

Property obliges??and intellectual property entails responsibility about the knowledge produced. The theoretical concept of authorization enables the development of a genuinely sociological perspective of intellectual property. Based on this perspective of intellectual property, it is possible to introduce new aspects in the current and for the advanced knowledge capitalism central debate. The concept of authorization is based on the observation that??from the perspective of knowledge users??it is very difficult (if not impossible) to assess in advance the quality of knowledge and knowledge goods, like for example drugs. This uncertainty entails the consumers?? demand for authorization for an attribution of responsibility. The need of authorization is caused by the extent of insecurity and it exists independently from the aspiration of intellectual property by a company or person (for the time being, the debate struggles only with the last problem). Starting from there, the article examines the question how authorization is being established in the social field. Thereby, it is not only contentious whether or not knowledge should be commercialized or is open access. It is also contentious to which extend the power of definition should be hierarchically monopolized or egalitarianly distributed. The theoretical perspective will be illustrated with a case study on the authorization of seed??the latter being an economic resource which is of elementary importance for human life.     

Maternal Separations During the Reentry Years for 100 Infants Raised in a Prison Nursery

Prison nurseries prevent maternal separations related to incarceration for the small subset of children whose pregnant mothers are incarcerated in states with such programs. For a cohort of 100 children accepted by corrections into one prison nursery, subsequent separation patterns are analyzed. The largest numbers are caused by corrections' removal of infants from the nursery and infants reaching a one-year age limit. Criminal recidivism and substance abuse relapse threaten continued mothering during reentry. Focused and coordinated services are needed during prison stay and reentry years to sustain mothering for women and children accepted into prison nursery programs.     

Post traumatic stress disorder, neuroscience, and the law

Post-Traumatic Stress Disorder (PTSD) is a complex psychiatric condition, the effects of which can be seriously debilitating. As it originates from a specific traumatic event, it often impacts soldiers and victims of violent crime. It is currently one of the most frequently litigated mental diseases. Neuroscience is slowly discovering the neural bases of PTSD and other psychiatric ailments and is building tests to distinguish actual patients from non-suffering individuals. We examine the current state of neuroscientific research on PTSD and its biomarkers, focusing on a recent experiment by Apostolos Georgopoulos and coworkers. Then we analyze the legal consequences of these scientific advances, both in civil and criminal law, from a comparative perspective. Neuro-technology is likely to provide courts with a new kind of evidence, which will not replace but add to older behavioral evidence. Furthermore, it will weaken the so far standing distinction between physical and emotional harm. However, even extremely sensitive tests (>95%) can have insufficient accuracy if the prevalence of a condition in the tested population is low. Therefore, the law ought to take into account the prevalence of PTSD and other psychiatric conditions when the decision whether to admit neuro-evidence in courts or not is made.     

Development of an immunoassay for the differentiation of menstrual blood from peripheral blood

This study examined all unintentional firearm fatalities while hunting that occurred in Sweden between 1983 through 2008. The circumstances as well as the impact of the hunter's exam on fatality frequency were analysed. During these 26 years, there were 48 such fatalities, representing 53% of all (n=90) unintentional firearm deaths during the same period. The average annual number of fatalities decreased over the last few decades. Very restrictive firearm legislation in Sweden combined with the introduction of a mandatory hunter's exam since 1985 accounted, at least partly, for this finding. Moose hunting accounted for 46% of the fatalities and small game hunting for the remaining cases. The mean age of the victims was 50 years and 96% of them were males; all shooters were males. During moose hunting, most of the victims were mistaken for game, whereas in small game hunting most of the fatalities were related to falls and improper handling of the weapon. Human error was thus the main cause of these fatalities.     

Correlates of Substantiated Emotional Maltreatment in the Second Canadian Incidence Study

The objective of this study was to determine the correlates of substantiated psychological maltreatment (PMT) in Canada on functions of maltreatment characteristics, child profile, household profile, and child protection services interventions. This study is based on a secondary analysis of data collected in the second Canadian Incidence Study. PMT investigations were categorized into six groups: emotional abuse, emotional neglect, and other maltreatment as single form, and these same three groups when they co-occurred with another form of maltreatment. Six logistic regressions, comparing all pairs of groups, were carried out. Cases of PMT (single form) were more chronic and associated with greater adverse emotional impact than other forms of maltreatment. Mothers of psychologically maltreated children had more mental health issues. Emotional neglect cases were more complex (e.g., substance abuse, mental health, and social housing). The three co-occurrent groups present more negative factors but more risk factors are observed when PMT are also observed (e.g., emotional harm, alcohol abuse, housing problems, chronicity, and referral to other services).     

Navigating the dilemmas of politically smart,locally led development: the Pacific-based Green Growth Leaders’ Coalition

Abstract

Iterative approaches to development under banners such as ‘thinking and working politically’ and ‘doing development differently’ build upon decades-old commitments to fostering locally led and -owned development. These approaches are increasingly popular with academics and development practitioners. In this paper we argue that outsiders seeking to deliver locally led, politically smart programmes need to either accept that competing priorities, results and values will work to limit the extent of true local ownership, or be sufficiently committed to true local leadership to accept that this may well cut against organisational imperatives. Using the example of the Pacific-based Green Growth Leaders’ Coalition, we discuss how politically tricky partnerships challenge tenets of local leadership and ownership.     

Alexis de Tocqueville on the Covenantal Tradition of American Federal Democracy

Perhaps no analyst of democracy's potentials for despotism andself-government understood better than Alexis de Tocquevillethe importance of the "favorable circumstances" of America'srepublican and religious origins. America's covenantal heritageinspired the public philosophy of federal liberty and the federalprinciple used to establish governments and political associationsin colonial New England. The Puritans, Tocqueville explained,created the bonds and the liberties of citizenship by theirassent to eternal, transcendent principles, as well as by theirconsent to government. The principles of covenant ultimatelyprovided the institutional and conceptual foundation of constitutionalgovernment, making America's federal democracy less vulnerableto possessive individualism and democratic despotism. Federalprinciples fostered an important indirect role for religionin American politics. Tocqueville not only analyzed the tensionbetween the requirements of faith and democratic norms, butalso distinguished covenantal ways of negotiating these concernsfrom the approach taken by later advocates of religious freedom,fames Madison and Thomas Jefferson. He argued that federalism'smoral foundations will be difficult to preserve if this tensionis resolved in ways that promote individual autonomy by underminingcovenantal thinking.