The Forms and Limits of Choice Architecture as a Tool of Government

Although the use of design‐based control techniques, broadly understood as the purposeful shaping of the environment and the things and beings within it toward particular ends, have been used throughout human history, until the publication of Thaler and Sunstein's Nudge, they have remained relatively neglected as a focus of regulatory scholarship. Nudge can be understood as a design‐based regulatory technique because it provides the means by which a choice architect intentionally seeks to influence another's behavior through the conscious design of the choice environment. But there are other forms of choice architecture besides nudge. The gunman who offers his victim “your money or your life?” is as much a choice architect as the cafeteria manager who places the fruit at eye level while placing the chocolate cake further back to encourage patrons to make healthier dietary choices and the supermarket owner who slashes grocery prices on their use by date to stimulate sales. This article focuses on three forms of choice architecture—coercion, inducements, and nudge—employed by the state in order to influence the behavior of others. It seeks to evaluate whether each form of choice architecture coheres with the fundamental values and premises upon which liberal democratic states rest and can therefore be properly characterized as libertarian. Chief among these values is the importance of individual liberty and freedom and the concomitant special status accorded to individual choice in liberal democratic communities. In so doing, it highlights different ways in which these techniques may be regarded as an interference with individual freedom, and the conditions under which such interferences might be rendered acceptable or otherwise justified.     

Economic variables and rural‐urban migration: Some thoughts on the Todaro hypothesis

Using data from 433 firms operating along Uganda’s charcoal and timber supply chains, we investigate patterns of bribe payment and tax collection between supply chain actors and government officials responsible for collecting taxes and fees. We examine the factors associated with the presence and magnitude of bribe and tax payments using a series of bivariate probit and Tobit regression models. We find empirical support for a number of hypotheses related to payments, highlighting the role of queuing, capital-at-risk, favouritism, networks, and role in the supply chain. We also find that taxes crowd in bribery in the charcoal market.     

Social Justice Attitudes and Their Demographic Correlates Among a Nationally Representative Sample of U.S. Adolescents

Compared to extant studies, this study uses more rigorous analyses to describe social justice attitudes and their correlates among a nationally representative sample of 2,811 U.S. ninth-graders. Females and adolescents with more educated mothers tended to express more support for social justice. Strikingly, about 90 % of adolescents believed that equal opportunity to obtain a good education exists in the U.S. Adolescents were also more likely to support abstract social justice principles rather than solutions that promote social justice: about 80 % agreed that all races and genders should have equal opportunities, but only 55 % reported that government should be responsible for individuals’ economic needs. Differences between U.S. adolescents’ and adults’ attitudes are noted, and implications for future research are presented.     

Repeated Eyewitness Identification Procedures: Memory,Decision Making,and Probative Value

Two experiments examined the effects of multiple identification procedures on identification responses, confidence, and similarity relationships. When the interval between first and second identification procedures was long (Experiment 1), correct and false identifications increased, but the probative value of a suspect identification changed little; consistent witnesses were more confident than inconsistent witnesses; and the similarity relationships between suspect and foils were unchanged. When the interval between first and second identification procedures was short (Experiment 2), suspect identification rates changed little, but foil identifications increased significantly; confidence for all identifications increased; consistent witnesses were more confident than inconsistent witnesses; and similarity relationships changed such that witnesses were less likely to identify the suspect as being the best match to the perpetrator.     

An Incomplete Victory: The Implications of QT v Director of Immigration for the Protection of Gay Rights in Hong Kong

QT v Director of Immigration is the most important decision on gay rights in Hong Kong since the unequal ages of consent between heterosexuals and homosexuals were held to be unconstitutional 10 years ago. The Court of Appeal of Hong Kong affirmed the right of same‐sex couples married or in a civil partnership overseas to be treated on an equal basis with married heterosexual couples. This note considers the strengths and shortcomings of the Court of Appeal's reasoning, in terms of its potential significance both to the rights of sexual minorities and to the wider protection of human rights by means of the common law.     

Time efficiency as a measure of court performance: evidence from the Court of Justice of the European Union

European Journal of Law and Economics - This work proposes an alternative measure of court performance, namely, time efficiency, which is equal to the length of a verdict divided by the time needed...     

Kwok Cheuk Kin v Lam Cheng Yuet Ngor: Government Chastisement of Dissidents and Judicial Review That Never Was?

The Hong Kong Government issued a strongly-worded official statement, subsequently adopted by the Chief Executive, to publicly condemn an outspoken constitutional law scholar for expressing views which the Government considered unconstitutional. Leave to judicially review the statement was refused by the Court of First Instance of the High Court of Hong Kong on the grounds, inter alia, that a statement lacking in direct legal consequences was outside the ambit of judicial review and, further, the Chief Executive was in any event entitled to comment on public affairs. This note argues that, on a proper understanding of the supervisory jurisdiction of the Court and the theory of the ‘third source’ of governmental power, neither ground should have precluded judicial review.     

Large Firms and Catch-up in a Transitional Economy: The Case of Shougang Group in China*

This study examines the possibility of catch-up of the Chinese steel industry, in particular the Shougang Group, with the leading global steel giants. Shougang is one of the four steel companies that have been selected by the Chinese government to constitute the core of the future Chinese steel industry. The contract system at Shougang, which operated from 1979 to 1995, unleashed an extraordinary entrepreneurial energy in the formerly traditional state-run steel plant. In the post-contract system, Shougang's range of decision-making independence in respect to the purchase of inputs, its production structure and product marketing has increased substantially compared to the contract system, when the government still controlled many of the key decisions. As a result of institutional constraint, the low value-added steel products dominate Shougang's portfolio. To challenge the established giants in the steel industry, Shougang has to divest the loss-making non-core businesses, slowly downsize employment in the core business, raise capital on the stock market and generates the resources for continued upgrading of its steel technology and diversifying its product portfolio.