Theoretical foundation for a debtor friendly bankruptcy law in favour of creditors

Although many works support creditor friendly bankruptcy laws, an evolution towards debtor friendly systems is at work. This paper proposes a theoretical ground to meet this paradox. It reconsiders the economic role of bankruptcy law by stressing on the courts’ production of information. It reveals that the transmission of a lenient signal by judges makes it possible to reduce the hazard that bad risks seek to avoid going on trial. Thus, it shows that debtor friendly bankruptcy laws are not systematically opposed to creditors’ interests. They reduce the risk of the economy and contribute to the improvement of the global efficiency.      

The product paradox of voting power

We consider a system made up of two committees, with overlapping membership but with different rules for passing decisions; the passage of a joint resolution requires separate approval by each committee. We show that it is possible for one voter a to be stronger (have greater voting power) than another voter b in both of the two committees, while in the two-committee system (considered as a single composite entity) b is stronger than a. We argue that this apparently paradoxical phenomenon is inherent in the structure of the decision-making system in question, rather than being an artefact of any particular index used to measure voting power.     

Crimes committed by terrorist groups: Theory,research, and prevention

Statement of Purpose: A decline in state-sponsored terrorism has caused many terrorist organizations to resort to criminal activity as an alternative means of support. This study examines terrorists' involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and manufacturing illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. Special attention is given to transnational organized crime. Crimes are analyzed through the routine activity perspective and social learning theory. These theories draw our attention to the opportunities to commit crime and the criminal skills necessary to turn opportunity into criminality. Through these lenses, the research appraises the “successes” and “failures” of terrorists' engagement in crime. Because “failures” can result from law enforcement efforts to (1) interrupt criminal skill development, and/or (2) remove criminal opportunities via technologies and transportation systems, the research represents a best practices approach to the study and control of terrorism. This project was supported by Grant No. 2003-DT-CX-0002 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.     

What do judges say on the protection of intelligence secrets?

This article discusses the role of the discourse of law in legitimizing the protection of intelligence secrets. It draws on examples from the United Kingdom and the United States to illustrate rhetorical regularities with respect to the need to protect intelligence officers, agents, sources and methods, the effectiveness of intelligence agencies, international intelligence relationships and the effects of a mosaic of disclosed information. It concludes that judges produce specialized knowledge on state secrecy that plays a part in shaping the understanding of state secrecy in society.     

Designing for equitable civic engagement: Participatory design and discourse in contested spaces

A common theme of research on participatory democracy and citizen engagement centres on the need for empirical studies that conduct a deep exploration of the nuances and complexities of these processes. This article offers a distinct response to this need through an examination of two ethnographic case studies of a participatory budgeting process in a multilingual, highly diverse community in which Spanish-speaking Latino immigrants were involved. By analyzing participants discourse from the case studies, the findings highlight the risks and rewards of reframing participatory processes as design decisions rather than static procedures.