Welfare gains from optimization in dynamic planning models

This paper compares the results of two multisectoral models used to plan the dynamic consistency of sectoral investment. Solution of an optimizing model forecasts a frontier of the economy's future choice set. This frontier represents a ten year welfare gain only 2 or 3 percent greater than any investment program simulated by a dynamic Leontief system. The paper explains what efficient behavior accounts for the “better” performance of the optimizing model. Developing dynamic programming models is costly in terms of data, computational complexity, man-machine interaction, and solution interpretation. Therefore, it is recommended that the lessons derived by working with the dynamic LP be applied to improve the planner's control of the less expensive input/output simulation model.     

The Disposition of Felony Arrests

While we know a great deal about the disposition of felony arrests that reach the trial stage, we know little about the details of the dispositions reached without trial. And yet, this latter category forms as a rule over 90 percent, in New York City 98 percent, of all dispositions. Basing his analysis on a study done in the early 1970s, the author describes and presents data on the various stages in the process from arrest to final disposition through plea bargaining, trial, or dismissal of the case. For the first time, this usually opaque disposition pattern prior to trial emerges in the clarity of 23 graphs that illustrate the analysis. Of particular interest are some new insights into the mechanism of the plea bargaining process.     

A follow-up investigation on the quality of medical documents from examinations of Basque incommunicado detainees: the role of the medical doctors and national and international authorities in the prevention of ill-treatment and torture

According to the United Nations and the European Committee for the Prevention of Torture (CPT), torture and ill-treatment continues to be a problem during incommunicado detentions in Spain. CPT has visited Spain and published recommendations for improvements of preventive medical examinations. However, no scientific assessment of the impact of such recommendations exists. The objectives of this study were to assess the quality of documents from preventive medical examinations and the prevalence of alleged ill-treatment and compare findings with similar data from a previous study. Documents issued by state employed doctors describing medical examination of Basques held incommunicado during 2000-2005 were reviewed. The analysis covered allegations of ill-treatment and existence and quality of information essential for medical appraisal of allegations of ill-treatment. The material was collected by a non-governmental organisation. Of 425 documents concerning 118 persons, 85% had no formal structure and the format recommended by CPT was never used. None of 127 documents, concerning 70 persons with allegations of ill-treatment had an overall conclusion on the likelihood of ill-treatment. Twelve to 68% of necessary data were totally missing, and only 13-38% of existing information was sufficient. There was significant variation between the reporting of individual doctors, but in general the quality was unacceptable, although somewhat higher than in the previous study. The prevalence of allegations of ill-treatment was as high as previously. There were more reports of psychological ill-treatment and procedures of forced physical exhaustion, but fewer reports of beatings. In conclusion, there was no indication that the conditions of incommunicado detainees have improved substantially over the past 15 years and the standard of medical reporting was unacceptable. The Spanish authorities should give clear objectives and guidelines for medical examinations of detainees. An independent forensic specialist with the overall academic responsibility for preventive medical examinations of detainees should be employed to supervise state employed doctors. The present article shows the necessity for harmonization of medical practice in documentation of torture.     

Zur Strafbarkeit des Führens eines Adelstitels

Durch das Adelsaufhebungsgesetz wird das Führen eines Adelstitels untersagt und ein Verstoß gegen dieses Verbot mit einer Geldstrafe bis 20.000,– Kronen oder einer primären Freiheitsstrafe bis zu 6 Monaten bedroht. Die Regelungen dieses Gesetzes wurden durch eine Vollzugsanweisung näher ausgeführt, wobei diese Konkretisierungen teilweise gravierend von den Bestimmungen des Adelsaufhebungsgesetzes abweichen. Nach Auseinandersetzung mit der Lehre gelangt der Autor zum Ergebnis, dass für Übertretungen des Adelsaufhebungsgesetzes ein Maximalgeldstrafsatz von € 0,14 Anwendung findet, dass aber auch eine Verhängung einer primären Freiheitsstrafe bis zu 6 Monaten durch eine Verwaltungsbehörde zulässig ist. Außerdem wird der Vollzugsanweisung zum Adelsaufhebungsgesetz ein im Verhältnis zum Adelsaufhebungsgesetz eigenständiger Regelungsgehalt abgesprochen.     

Meinungsäußerungsfreiheit und Schutz journalistischer Quellen

Juristische Blätter -     

Global citizenship as a national project: the evolution of segye shimin in South Korean public discourse

The idea of global citizenship in contemporary South Korean public discourse has revolved mainly around a national endeavor to boost the county's stature and competitiveness amid economic globalization. Based on a review of two decades of published media references to segye shimin (‘global citizen’ in the Korean language), this article shows that the specific usages of segye shimin – mainly by elites from government, academia, and journalism – underscore how the ‘developmental citizenship’ that marked South Korea's past authoritarian military regimes has carried on since the transition to civilian-led democracy. In contrast with the burgeoning academic discourse on cosmopolitanism that focuses heavily on moral responsibilities to humanity and the planet, South Korea's discourse of global citizenship has been closely aligned with neoliberalism and filled with exhortations to the domestic population to overcome numerous perceived liabilities seen as impeding the country's advancement. While global citizenship discourse in South Korea has emphasized top-down national strategic imperatives, a bottom-up approach to cosmopolitanism is also emerging as the country gains confidence and the notion of segye shimin gradually gains traction across the wider society.     

Regionalism and Crisis Prevention in (Western) Europe and (Eastern) Asia: A Systematic Comparison

While the globalization of risks is commonly recognized, a corresponding global pattern of risk management has not arisen. For a while after 1989 the vision of a global community of states appeared to be coming true. Long-standing conflicts were settled, and the UN Security Council for the first time acted with consent and commitment in the area of crisis reaction. However, this short-lived phase of global conflict management was soon troubled, beginning with a cascade of secessionist disputes and ending abruptly on 9/11. Ironically, today's global crisis management seems to be more complicated and less promising than that of the Cold War with its comparably primitive bipolar structure. Some threats, such as arms races, nuclear proliferation, enemy images and Alliance-building, have returned. Frozen conflicts have been re-heated because of spreading ethno-political strife. New lines of confrontation have also emerged from transnational constellations. Nations and states are under pressure to cope with new risks at a time when both their competence and capability to manage societal change and adjust to globalization are under duress.1 ¹?My thanks for editorial advice go to my assistant Heather Gilmartin. View all notes While the responsibility2 ²?Nye, J.S., “U.S. Power and Strategy after Iraq,” Foreign Affairs, no. 4/2003, p. 65. View all notes of states to carry out crisis management in a turbulent environment is increasing, their operational capability is being challenged, from both top-down and bottom-up. Most states in the northern hemisphere feel sufficiently prepared to prevent conflicts between themselves and other states, but they are less well prepared for armed conflicts other than among states—so-called asymmetric wars. Where nation-state-based responses are insufficient and global responses out of reach because of disagreement among big powers, it is the regional level, which looks most promising for tackling these new challenges. But even if regional patterns function well, crucial questions remain. Might smaller states become the objects or victims of power politics in a region if it is dominated by champions? Would regional arrangements foster global fragmentation? How can the success of regional conflict resolution be transferred to the national level in cases of transnational risks, and is there anything that states can learn from each other in organizing regional security and state-to-state cooperation? Finally, should tools and strategies that have proven successful in one region be applied to others? This analysis compares state-based regionalism in (Western) Europe and (East) Asia. It accepts the premise that states can learn from each other, but argues that attempts at direct model transfer should be avoided.     

Impact of Early Adolescent Externalizing Problem Behaviors on Identity Development in Middle to Late Adolescence: A Prospective 7-Year Longitudinal Study

Adolescents at-risk for problem behaviors can have more difficulties in developing a firm sense of personal identity. Hence the purpose of this prospective longitudinal study was to scrutinize how externalizing problems in early adolescence impact identity development in middle to late adolescence. Participants were 443 (43.12 % female) Dutch adolescents. Teachers rated their externalizing problem behaviors when participants were 11 or 12 years old and their identity formation was studied during five consecutive years (from 14 to 18 years of age). The sample was divided into four groups: boys and girls with a high versus a low-risk for externalizing problem behaviors. Participants completed a self-report measure of identity commitment, in-depth exploration, and reconsideration of commitment. Multi-group Latent Growth Curve and profile stability analyses were used to evaluate identity development across adolescence. Findings indicated that high-risk boys and girls reported a less structured identity, with lower levels of commitment and higher levels of reconsideration of commitment. Since externalizing problems behaviors and lack of a coherent sense of identity might reinforce each other, early intervention for high-risk adolescents might foster positive youth development.     

Negotiated agreements in the Dutch context and its inspirations for Chinese environmental management

Covenants have become a widely used policy instrument in European countries. Covenants are negotiated agreements between government and industry in which industry obliges to take ＇voluntary＇ action to help realizing policy objectives. This paper describes and analyses the evolution and development of the use of such covenant model in European environmental policy practice. After an extensive evaluation of the effect of the covenants in the European context, the paper conducts a comparable study of the Chinese environmental policy context with that in European countries, expose that Chinese environmental policy and environmental practice is still in the first stage of Europe environmental policy and practice evolution. As a conclusion, the paper explores the possible application of covenants as a ＂third strategy＂ in Chinese environmental policy.