Performance-Based Regulation and Regulatory Regimes: The Saga of Leaky Buildings

Regulatory reformers have widely endorsed greater use of a performance-based approach to regulation that defines objectives in terms of desired outcomes. The appeal of the performance-based approach is as much about introducing a regime that overcomes problems of overly rigid rules and inflexible enforcement as it is about regulating for results. The case of leaky buildings in New Zealand provides a cautionary tale of a flawed performance-based regulatory regime. It allowed for flexibility without sufficient accountability and in so doing showed the Achilles' heel of performance-based regulation.     

Motivation for Compliance with Environmental Regulations

A combination of calculated, normative, and social motivations as well as awareness of rules and capacity to comply are thought to foster compliance with regulations. Hypotheses about these factors were tested with data concerning Danish farmers' compliance with agro‐environmental regulations. Three key findings emerge: that farmers' awareness of rules plays a critical role; that normative and social motivations are as influential as calculated motivations in enhancing compliance; and that inspectors' enforcement style affects compliance differently from that posited in much of the literature. It was also found that formalism in inspection can be helpful to a point, while coercion by inspectors can backfire. Taken together, these findings counter arguments concerning the harm of legalism and the benefits of flexible enforcement. This study contributes to the understanding of factors that shape compliance with social and environmental regulations. © 2001 by the Association for Public Policy Analysis and Management.     

Escaping the TRIPs' Trap: The Political Economy of Free and Open Source Software in Africa

Across sub-Saharan Africa, the promise of 'informational development' is proclaimed. The global governance of intellectual property rights (IPRs), however, currently structured through the Trade-Related Aspects of Intellectual Property Rights (TRIPs) agreement and overseen by the World Trade Organisation (WTO), makes much software expensive to deploy. There is an alternative: open-source and/or free software ameliorates many of the cost problems countries in Africa have anticipated as they have changed their laws to protect IPRs; using non-proprietary software will enable them to deploy extensive computerisation without making large payments to suppliers from the developed countries. By escaping the TRIPs' trap, many Africans will be better able to enjoy the potential benefits of 'informational development'.     

Unacceptable Costs: The Consequences of Making Knowledge Property in a Global Society

If we think of an author as having a natural right to profit from his work, then we will think of the copier as some sort of thief; whereas if we think of the author as beneficiary of a statutory monopoly, it may be easier to see the copier as an embodiment of free enterprise values.     

Exploring poverty traps and social exclusion in South Africa using qualitative and quantitative data

Recent theoretical work hypothesises that a polarised society like South Africa will suffer a legacy of ineffective social capital and blocked pathways of upward mobility that leaves large numbers of people trapped in poverty. To explore these ideas, this paper employs a mix of quantitative and qualitative methods. Novel econometric analysis of asset dynamics over the 1993–98 period identifies a dynamic asset poverty threshold that signals that large numbers of South Africans are indeed trapped without a pathway out of poverty. Qualitative analysis of this period and the period 1998–2001 more deeply examines patterns of mobility, and confirms the continuation of this pattern of limited upward mobility and a low-level poverty trap. In addition, the qualitative data permit a closer look at the specific role played by social relationships. While finding ample evidence of active social capital and networks, these are more helpful for non-poor households. For the poor, social capital at best helps stabilise livelihoods at low levels and does little to promote upward mobility. While there is thus some economic sense to sociability in South Africa, elimination of the polarised economic legacy of apartheid will ultimately require more proactive efforts to assure that households have access to a minimum bundle of assets and to the markets needed to effectively build on those assets over time.     

Regulating CCTV?: We Can’t Solve Problems by Using the Same Kind of Thinking We Used When We Created Them

This paper considers the lack of a universal CCTV policy across the United Kingdom and Europe and how this apparent omission is being addressed in the context of increased surveillance, and the omnipresence of CCTV in particular. Special attention is paid to the role of academics within the apparently long, drawn-out process of a current move from fragmented to collective regulation. What it seems exists is individual, independent policy that implicates wider legislation. What it seems is desired is a more comprehensive and codified decree. Starting with the issues that underpin CCTV and surveillance in general, this paper acknowledges the opposing arguments that CCTV can be helpful to policing as those that demonstrate how well it can facilitate a means of social control. The paper moves to consider the possibility of a ‘surveillance policy’ applicable and effective for CCTV’s balanced regulation, and discusses the means by which this might be realised, paying special attention to who is involved and to what extent, especially where this involves academic input. Academic input to date is problematized on one hand on account of its arguably narrow scope (source/personnel) and the trends yet ostensible wavering it entails on the other. Therefore, the author’s reservations around the place of academics in the process, especially because they appear to be key to developments, whilst variously demonstrating both influential flippancy and seriousness, lead to the conclusion that there is difficulty with trying to solve the ‘problem’ with the same thinking that created it.     

The Effects of Body Mass on Cremation Weight*

Abstract: Cremains have become increasingly frequent in forensic contexts, while higher body mass in the general population has simultaneously made cremation a more cost‐effective mortuary practice. This study analyzed the relationship between body mass and bone mass, as reflected through cremation weight. Antemortem data were recorded for samples used in the multi‐regional data set. Each was rendered through commercial crematoriums and reweighed postincineration. Pearson’s correlation demonstrates clear association between body mass and cremation weight (r = 0.56; p < 0.0001). However, multiple linear regression revealed sex and age variables also have a significant relationship (t = 7.198; t = ?2.5, respectively). Regressed in conjunction, body mass, sex, and age contribute approximately 67% of all variation observed in cremation weight (r = 0.668). Analysis of covariance indicates significant regional variation in body and cremation weight. Explanations include bone modification resulting from increased loading stress, as well as glucose intolerance and altered metabolic pathways related to obesity.