Environmental dispute resolution and hazardous waste cleanups: A cautionary tale of policy implementation

New York State experimented with replacing their litigation-oriented system for achieving toxic dump site cleanup with one promising to lower transaction costs through alternative dispute resolution. Our analysis of outcomes is informed by three generations of implementation work focusing on (1) the motivations and incentives shaping individual behavior, (2) the larger organizational and political factors associated with variation across cases, and (3) the generic properties of policy implements. This mosaic approach to explanation produces, we believe, a more lifelike picture of use to policy makers for understanding the dynamic and interrelated nature of their choices.     

The impact of a gasoline tax on auto exhaust emissions

The EPA implements its policy of exhaust emission control by setting standards specified in terms of grams of pollutants per mile traveled. As a result, the tax must first restrain the vehicle miles traveled (VMT) if it is to have an impact on emission at all. EPA's choice of miles traveled as the medium through which its policy of pollution control must run is unfortunate, because travel is an activity that people resist giving up. This is reflected in a low long-run price elasticity of travel demand. Consequently, it takes substantial increases in the gasoline tax to make an impact on long-run travel demand. Simulation results show that under an alternative policy option, where EPA's standards are specified in terms of grams of pollutant per gallon of fuel burned, the same long-run reduction in exhaust emissions achievable today can be achieved (at an even higher level of confidence) with less than one-tenth of the increase in gasoline price required under the existing policy regime.     

Fatal accidents on glaciers: forensic, criminological, and glaciological conclusions

The rare event of a corpse immersed in glacier ice becoming exposed on a glacier surface is closely connected with the glaciological conditions at the scene and the site of the accident. Provided that the time since death is known, certain questions relative to the circumstances of a mountain accident can only be answered by considering glaciological aspects. How the scene of an accident can be reconstructed by inference from the site of discovery is discussed by means of three exemplary cases that occurred on Tyrolean glaciers (Austria) during the past 40 years: (1) Two corpses were discovered close above the equilibrium line in the accumulation area after 25 years. The two victims had fallen down a rock face after the breaking off of a cornice and had come to rest in the uppermost part of the accumulation area. (2) A victim was discovered in the lower ablation area 8 years after falling down a crevasse in the middle part of the ablation area. (3) A female alpinist was discovered at the very end of the glacier after 29 years; it was concluded that the accident must have happened in the accumulation area.     

Newspaper juries

This article reports on a field experiment on the effect of media information on people’s attitudes towards the justice system. For the duration of a year a Dutch local newspaper took small groups of readers, called ‘newspaper jurors’, to court sessions of criminal cases and subsequently reported on their experiences and perceptions. Using a quasi-experimental design, we examined whether an attitude change in the general reader population of this particular local newspaper occurred as a result of the jury’s newspaper reports. Findings show that, after the treatment interval of 1 year, no attitude change in the general reader population could be identified that was absent in the control group.     

The evolution of European legal integration

This article contributes to the development of theories on European integration by testing and exploring statistical models on the long-term development of legislative activity of the European Commission. Drawing on legal information gained from the European Union’s PreLex database and analyzing it with the help of statistical analyses, we map out growth patterns of EU law between 1976 and 2003. We construct time-series models and models based on non-linear regression. While the performance of models based on the traditional theoretical approaches, intergovernmentalism and neo-functionalism, is rather poor, the analysis suggests that nonlinear dynamic models might be an interesting avenue for future conceptualizations of the EU integration process. This article is based on a paper presented at the ECPR Standing Group on the European Union Second Pan-European Conference on EU Politics, “Implications of a Wider Europe: Politics, Institutions and Diversity”, 24–26 June 2004, Bologna, Italy. We would like to thank the seminar participants for useful comments.     

Bureaupreneurs in China: we did it our way

This article explores the different and sometimes conflicting explanations of the success of the collective enterprises (town–village-enterprise) in China during the first phase of transition (1979–1995). It is argued that explanations, relying on cultural variables are not sustainable and this for two reasons. First, the importance of the collective enterprise is shrinking while the private sector is clearly on the rise. Second, other factors, referring to characteristics of the local and central political, administrative and economic environment, in which the Chinese enterprise has to (had to?) operate, provide for a sufficient explanation of the peculiar structure of the Chinese collective enterprises. These enterprises are seen as the result of ?bureau-preneurship’ because local bureaucrats were integrated in their management in order to pre-empt predatory behaviour and to facilitate the relationships with the central institutions. The article contributes to the property rights’ theory of the firm as it analyses an empirically very important case in which firms with unclear property rights and structures, apparently not conducive for incentives, might still be the most efficient option.     

Meanings of terrorism

Terrorism is a notoriously plastic word, depending on user, audience, and political context. This paper focuses on shifts in its meanings since the early 1970s. As federal statutes made terrorism a criminal offense, common usage changed from a broad meaning to one that specified terrorism as a political crime. The argument is that the state shapes meaning and public discourse through law. Peircean semiotics and the semiotic philosophy of Russian linguist Vološinov provide a framework to explore relationships among politics, law, and civil life. Applied to the events of September 11, 2001 such an analysis further allows better understanding of certain interpreters of the September 11 attacks, notably Jean Baudrillard, Jacques Derrida, and Jürgen Habermas.