The Justiciability of Resource Allocation

A perennial problem in public law is how courts ought to deal with legal challenges to the allocation of public resources. This article explains and renders more coherent the varied approaches of English courts to the justiciability of resource allocation disputes in administrative and tort law. It draws a distinction between 'discretionary allocative decision-making' and 'allocative impact.' The non-justiciability doctrine in R v Cambridge Health Authority , ex p B is concerned with the former only. By contrast, allocative impact is a justiciable matter, but can still ultimately defeat a claim. This distinction, however, does not guide judicial approaches under the Human Rights Act 1998, where courts have chosen mostly to eschew the non-justiciability doctrine in favour of more flexibly applied notions of judicial deference. Thus while the non-justiciability doctrine has a relatively narrow scope in administrative and tort law, it has nearly disappeared under human rights law.     

A survey of the concentration of 19-OH F1α/F2α prostaglandins in the semen of fertile, infertile and vasectomized men and their stability in both liquid semen and semen stains

The levels of 19-hydroxy-prostaglandins F₁α/F₂α (PG F) in the semen of 19 vasectomized, 44 infertile and 8 fertile men were determined using a simple RIA technique. The mean concentrations observed in this survey were 45 μg/ml, 49.5 μg/ml and 59 μg/ml, respectively. No significant difference was recorded between the vasectomized and infertile groups; there were too few fertile samples available to undertake a meaningful statistical comparison. No reduction was observed in the levels of this PG in a liquid semen sample retained at room temperature over a 4 week period in the presence of a bacteriostat (sodium azide). However, a 30% reduction in the levels of 19-OH PG F occurred over the same time period when aliquots of the same semen sample were retained at either room temperature or at 4°C without azide. Finally, no reduction was observed in the concentration of 19-OH PG F in a series of 10-μl semen stains stored over a period of 6 weeks at room temperature.     

Postcommunist divergence: A comparative analysis of the transition to capitalism in Poland and Russia

This article critiques the dominant neoliberal transition paradigm. The implementation of neoliberal reforms in the postcommunist world has fostered the creation of two different types of capitalism. Rather than enabling a transition to Western European-style capitalism, these reforms have produced divergence within the postcommunist world. This article uses comparative firm-level case studies from Russia and Poland to construct a “neoclassical” sociological alternative to neoliberal theory that can explain this divergence. In this account, intra-dominant class structure (the pattern of alliances between the Party bureaucracy, the technocracy, and humanistic intellectuals) at the time of the transition produces different “paths to capitalism,” or policy regimes, which, in turn, have different effects on the ability of firms to restructure. In Russia, this creates a system of “patrimonial capitalism” that will produce long-term economic stagnation. In Poland, a variety of modern rational capitalism emerges. This latter system is distinguished by its very high levels of dependence on capital imports in comparison to the advanced capitalist countries. As a result, this type of economy will be quite vulnerable to economic shocks. Lawrence King is an assistant professor of sociology at Yale University. His book includeThe Basic Features of Postcommunist Capitalism in Eastern Europe (2001) andAssessing New Class Theory (with Ivan Szelenyi, forthcoming). He is currently working on a book entitledPostcommunist Capitalisms. I am grateful for a Yale Junior Faculty Research Fellowship, and the support of the Yale Center for Comparative Research, the Social Science Research Fund at Yale, and the Yale Center for International and Area Studies. I would also like to thank Aleksandra Sznajder and Evgenia Gvozdeva for their invaluable research assistance, and Ivan Szelenyi, Andrew Schrank, Hannah Brueckner, Alison Pollet, and the editors and anonymous reviewers atStudies in Comparative International Development for their comments and suggestions.     

For privacy's sake: Consumer “opt outs” for smart meters

When balancing consumer privacy and data protection rights with the important societal benefits to be obtained from smart meters, should consumers be allowed to opt out? If so, what should a smart meter opt out mechanism look like? Further, may consumers be charged additional fees for the privilege of opting out without violating their privacy and data protection rights? The EU/U.S. comparative law analysis provided in this paper aims to help energy suppliers and regulators craft opt out mechanisms to protect individual privacy and data protection rights while also achieving important societal benefits from smart meters.     

Child Abuse,Social Support,and Social Functioning in African American Children

This study examined the relationship among child abuse (physical, emotional, and sexual), social support from friends and family, and social functioning in a sample of low-income African American children (N?=?152). With the exception of the association between sexual abuse and peer support, all of the correlations among study variables were significant. The relationship between child physical and emotional abuse and social functioning were mediated by both family and peer support; however, only family (not peer) support was a significant mediator in the sexual abuse-social functioning link. Additionally, there was no difference found in the strength of mediation via family support versus peer support. Results suggest that mental health professionals should inquire about and attempt to increase children’s levels of social support from family and peers when working with abused youth in order to promote healthy psychological and psychosocial outcomes.     

Sex-Based Predictors of Male and Female Property Crime Arrest Rates: Disadvantage and Drug Use

A large body of research has considered the relationship between crime and structural indicators. However, despite trends in the gender gap in offending, fewer studies have separately examined the effects of structural variables on both male and female offending. The present study examined that question through a macro-level examination of property crime across large U.S. cities using data from the Uniform Crime Report and the American Community Survey. The predictors included theoretically supported indicators of disadvantage and drug accessibility/use that were disaggregated by sex. Although the findings indicated some similarities in predictors of male and female arrest rates, they highlighted some important differences as well.