Mt. Laurel: Is it Based on Wishful Thinking?

“The people of New Jersey should welcome the result reached by the Court in this case, not merely because it is required by our laws, but, more fundamentally, because the result is right and true to the highest American ideals.” With these words Justice Pashman, in his concurring opinion, set forth the underlying assumption upon which the New Jersey Supreme Court based its decision to make the validity of municipal zoning dependent upon a new and complex standard. Mt. Laurel clearly establishes a new judicial standard for judging the validity of municipal zoning. However, whether that standard is likely to achieve its laudable objectives or whether its chances of success will be limited by political realities' that belie the noble ideals upon which the decision is based, remains to be seen.     

Bahamas: procedural law

This article investigates the legal basis for the implementation of sustainable development in Nigeria. It analyzes several contemporary challenges of sustainable development in Nigeria as well as the obstacles hindering the effective implementation of sustainable development in Nigeria. The article suggests several legal and policy strategies that will enhance the implementation of sustainable development in Nigeria and emphasizes the need for legal and policy measures that will stimulate the participation of citizens in the implementation of sustainable development.     

The Doha Round's Public Health Legacy: Strategies for the Production and Diffusion of Patented Medicines under the Amended TRIPS Provisions

The entry into force of the World Trade Organization (WTO) TRIPSAgreement in 1995 transformed the international intellectualproperty system. The harmonization of basic intellectual propertystandards has operated to protect investment in innovation,limiting risks from unjustified ‘free riding’. Yetthese same harmonized IP standards sharply curtailed the traditionalcapacity of suppliers of public goods, such as health care andnutrition, to address priority needs of less affluent membersof society, particularly in (but not limited to) developingcountries. In the Doha Declaration, the Waiver Decision of 30August 2003 and the Article 31bis Protocol of Amendment, stakeholdersconcerned with re-opening policy space for the supply of newerpharmaceutical products pushed back against restrictive elementsof the TRIPS Agreement. Governments around the world are in the process of decidingwhether to ratify and accept the Article 31bis Amendment. Basedon their Study for the International Trade Committee of theEuropean Parliament, the authors argue that acceptance of theAmendment will provide a ‘net benefit’ for countriesseeking to improve access to medicines. At the insistence ofWTO delegations acting on behalf of the originator pharmaceuticalindustry lobby, Article 31bis regrettably is saddled with unnecessaryadministrative hurdles. Nonetheless, through skillful lawyering,political determination and coordinated planning, the systemcan be made to work. Among other options, expeditious back-to-backcompulsory licensing linked with pooled procurement strategiesmay effectively achieve economies of scale in production anddistribution of medicines. The authors doubt that the international political environmentwould support renegotiation of an ‘improved’ solution.They express concern that failure to bring the Amendment intoforce will open the door to a campaign to undermine the WaiverDecision. Recent events in Brazil and Thailand illustrate boththe opportunities and risks associated with implementing TRIPSexception mechanisms, and help to inform views on the negotiatingenvironment. Specific proposals for regional cooperation inimplementing the Amendment are laid out, and the authors emphasizethe importance of pursuing concrete transfer of technology measuresin support of developing country pharmaceutical manufacturing.Over-reliance on private market mechanisms for the supply ofpublic health goods leaves the international community withan unresolved collective action problem on a large scale.     

Accuracy of the static-99 in predicting recidivism in Switzerland

The Static-99 is a widely used actuarial risk assessment instrument. Various international validation studies have found satisfactory to good predictive validity for the Static-99, with the area under the curve (AUC) between 59% and 95%. This study is the first evaluation of the predictive accuracy of the Static-99 among sex offenders in Switzerland. The Static-99 scores of 69 violent/sex offenders in Switzerland were assessed using data from their psychiatric assessments. Recidivism was operationalized as reconviction assessed from penal records. The Static-99 risk levels were predictive for recidivism (AUC = .758) among our population. The results are discussed on the basis of the literature.     

Self-Interest, Ideological/Symbolic Politics, and Citizen Characteristics: A Cross-National Analysis of Support for Privatization

In this essay, the authors explore attitudes toward government privatization of electric utilities across two sets of nations: developed market economies (DMEs) and transition economies (TEs). They utilize generalized hierarchical linear model to analyze individual attitudes nested within these two groups of polities and discover a wide gap between the DME and TE nations in terms of preferences for privatization, with attitudes in DME nations being far more favorable. Attitudes toward the privatization of electricity are explained by a combination of ideological/symbolic predispositions, self-interest, and citizen values/characteristics. The most consistent variables in the model are the ideological/symbolic predispositions, while the weakest are citizen characteristics/values. In terms of self-interest, the analysis indicates that those who work for the public service or a public firm are more likely than others to oppose the privatization of electricity. In contrast to some public administration literature that asserts well-informed and interested citizens will oppose privatization, the authors find no convincing relationships. Instead, the most educated and politically efficacious citizens, as well as those who have confidence in the way democracy works within their nation, are more prone than others to support privatization of electricity.     

"PUBLICITY" AS A PROBLEM IN THE INTERNAL VALIDITY OF TIME SERIES QUASI-EXPERIMENTS

Scholars who work with time series quasi-experiments have identified "publicity" as a problem in the interpretation of such research designs. The present study utilizes three examples of the role of publicity in three social interventions: the Romanian abortion restriction of 1966; the British breathalyzer crackdown; and, the 1978 Georgia Status Offender Act. The authors conclude that publicity is most likely to be a problem in internal validity when (1) the intervention is not truly abrupt and (2) a broad "policy" is evaluated as opposed to a "program."