Alternatives to trusts: a brave new world?

The UK's changes in the taxation of trusts have not inspiredconfidence in the long-term tax treatment of trusts in the UKand practitioners are considering new alternative mechanisms.The author examines the alternatives.     

Patriotic Liberalism

Law and Philosophy -     

The World Trading System, the International Legal System and Multilevel Choice

Abstract:  This article develops a theory of multilevel choice of regulatory jurisdiction based on normative individualism, and suggests how certain features of the World Trade Organization (WTO) might be understood in terms of this theory. The WTO has some capacity for positive integration, as demonstrated in, for example, the harmonised minimum standards for intellectual property protection contained in the TRIPS agreement. Yet the WTO has generally not been used as a site for re-regulation in areas congruent with its de-regulation. However, in a limited way, and in particular contexts, it provides certain incentives for re-regulation at other sites. For example, both the SPS Agreement and the TBT Agreement encourage the formation of harmonised rules. These agreements require Member States to use international standards as a basis for their measures, with important exceptions.     

THE DELINQUENCY OF CHILDREN BORN TO YOUNG MOTHERS: RESULTS FROM THE ROCHESTER YOUTH DEVELOPMENT STUDY*

This paper examines the relationship between a mother's age at first childbirth and the delinquent behavior of her children. Using data from the Rochester Youth Development Study (RYDS), an ongoing longitudinal study of adolescent development, we found that children born to mothers who began childbearing at a young age were more prone to general delinquency, violence, and arrest than were children born to mothers who began childbearing when they were older. This “early first‐birth effect” was far larger in white and Hispanic families than in African‐American families. Mediating analyses found that the early first‐birth effect was most attributable to the unstable composition of families in which early childbearing occurs. That said, a substantial portion of the effect remains unmediated.     

Jurisprudential Regimes and Supreme Court Decisionmaking: The Lemon Regime and Establishment Clause Cases

In this research note, we apply the construct of jurisprudential regimes as described in our recent article in American Political Science Review to the area of Establishment Clause jurisprudence. We hypothesize that Lemon v. Kurtzman represented a jurisprudential regime in the Supreme Court's decisionmaking in this area of law. Our analysis shows that the predictors of the Court's decisions in the two periods differed in ways that are very consistent with the types of changes one would expect the hypothesized regime shift to produce.     

The committee assignment process as an optimal contracting problem

This paper adapts a simple model from the optimal contracting literature to explain the relationship between political parties and non-incumbent candidates. The model predicts that legislators with a higher opportunity cost of government service will receive better committee assignments. Using data that spans 12 Congresses (97th to 108th), I find that when the opportunity cost of Senate service is measured by previous occupation, freshmen senators with a high opportunity cost for serving (those who were lawyers) were given good committee assignments, while freshmen senators with a low opportunity cost for serving (professors, and those with relatives already in politics) were given worse committee assignments.