Breaking the rules and making the rules: Evasion, avoidance, and policy reform

Rule evasion and avoidance can have a significant impact on policy outcomes, and therefore on the design, implementation, and enforcement of policies. The purposes of this paper is to assess the causes and consequences of evasion and avoidance in general settings, including their implications for policy reform. Evasion of rules often serves a socially useful role, and can promote efficient policies. Small-scale evasion typically provokes one of three responses: it is either effectively ignored, enforcement is increased, or the rule is revised. Large-scale evasion, alternatively, tends to meet with major policy shifts. Avoidance and evasion frequently temper the anticipated impacts of policy reforms, but are unlikely to render reform futile. Indeed, ongoing processes of reform might be required to maintain effective policies.     

The Fragility of Law: Anti-Jewish Decrees,Constitutional Patriotism,and Collaboration Belgium 1940–1944

In October and November 1940, the German Military Command which ruled conquered Belgium, introduced a series of measures aimed at the identification and exclusion of the Jews of that country. The Belgian government of the day refused to allow the measures to be incorporated into Belgian law, but did permit, under their reading of the Hague Convention, government departments and local administrations to assist in implementing the German anti-Jewish Decrees. The Brussels Bar, Prosecutors and Court of Cassation refused to accept the authority of the Occupier to violate basic rights guaranteed under the Belgian Constitution. Officials in Antwerp, on the other hand, struck all lawyers identified as "Jews" from the Roll. This article examines these instances of "constitutional patriotism" and "constitutional betrayal" by these actors in the Belgian legal system, and offers some preliminary discussion of important questions about our historical and current understandings of legality, legitimacy and citizenship in light of this part of the Belgian experience of law under Nazi occupation. This revised version was published online in July 2006 with corrections to the Cover Date.     

Experience with urine drug testing by the Correctional Service of Canada

The Correctional Service of Canada implemented a urine drug-screening program over 10 years ago. The objective of this report is to describe the program and drug test results in this program for 1999. Offenders in Canadian federal correctional institutions and those living in the community on conditional release were subject to urine drug testing. Urine specimens were collected at correctional facilities and shipped by courier to MAXXAM Analytics Inc. laboratory. All urine specimens were analyzed for amphetamines, cannabinoids, cocaine metabolite (benzoylecgonine), opiates, phencyclidine, benzodiazepines, methyl phenidate, meperidine, pentazocine and fluoxetine by immunoassay screening (homogeneous EIA and ELISA assays) followed by GC-MS confirmation. Ethyl alcohol was analyzed when specifically requested. Alternative screening and confirmation methods with lower cut-off values were used, whenever urine specimens were dilute (creatinine <20mg/dl and specific gravity 相似文献