Positive constitutional economics: A survey

The author distinguishes between normative and positive constitutional economics. Taking the observation that the normative branch of the new discipline is much better developed than its positive counterpart as a starting point, the available positive literature is surveyed nevertheless. The available evidence is arranged into four categories: (1) Constitutional rules and the procedures bringing them about, (2) constitutional rules as the result of preferences and restrictions, (3) constitutional rules channeling constitutional change, and (4) the economic effects of constitutional rules. Additionally, various concepts of the constitution are presented, the tools suited for a positive theory of constitutional economics discussed, and precursors as well as related research programs shortly described.     

Strategy-proof voting for single issues and cabinets

In a model with a continuum of voters with symmetric single-peaked preferences on the one-dimensional unit interval (representing the political spectrum) a voting rule assigns to each profile of votes a point in the interval. We characterize all voting rules that are strategy-proof, anonymous, Pareto optimal, and which satisfy a weak form of continuity. This result paves the way for studying cabinet formation rules. A cabinet is an interval which has obtained sufficiently many votes. The main result on cabinet formation is a characterization of all cabinet formation rules that are strategy-proof with respect to the endpoints of the cabinet, anonymous, Pareto optimal, and continuous.     

Forensic medicine significance of the fluid content of the sphenoid sinuses

In the forensic literature the opinion is often held that the presence of aqueous liquid in the paranasal sinuses in conjunction with other findings (plume of froth around the mouth and nostrils, emphysema aquosum, Paltauf's spots, increased haemolysis etc.) can be regarded as a sign of drowning. Especially the sphenoid sinus is easily accessible at autopsy; its content can be aspirated from the base of the skull with a cannula. The valency of the liquid content in the sphenoid sinuses was consecutively investigated in 60 deaths by drowning and 157 other deaths. The results showed that in 92% of the deaths by drowning between 1 ml and 4 ml of aqueous fluid could be found in the sphenoid sinuses. However, a positive result was also obtained in 52% of the other cases autopsied, but in the control group the average volume of the aspirate was smaller than in the group of deaths by drowning.     

Spaces of exception: governing fuel poverty in England’s multiple occupancy housing sector

Homes in multiple occupancy (HMOs) – residential properties containing common areas shared by several households – are a growing feature of the housing landscape across the UK. They have often been subject to political stigmatization as a result, in part, of comprising poor quality dwellings. This paper uses a “spaces of exception” framework to explore the juridical and material mechanisms involved in the rise of fuel poverty among people living in HMOs. Having analysed evidence from interviews, census data and the secondary literature pertaining to the English context, we highlight the processes that have led to the biopolitical othering of this housing stock in institutional and infrastructural terms. We argue that the expansion and persistence of fuel poverty in HMOs are promoted not only by the disproportionate concentration of low-income residents in relation to the rest of the private rented sector, but also by the socio-technical configurations that underpin this type of housing. Fuel poverty can thus be seen as the joint outcome of broader practices of legal, political and material delegitimization.     

This time is different?—on the use of emergency measures during the corona pandemic

European Journal of Law and Economics - In many areas such as consumer law or competition law, legislators can opt between two alternative forms of sanctions to remedy wrongdoing: they can impose...     

Foreign patent monopolies in developing countries: An empirical analysis

This paper presents data on the patenting practice of patent holders resident in industrialized countries in Africa. It is confined to such patents taken out by Algeria, Libya, Morocco, Tanzania, and the states whose patent legislation is administered by the Office Africain et Malgache de la Propriété Indus‐trielle (OAMPI): Cameroon, Central African Republic, Chad, Congo, Dahomey, Gabon, Ivory Coast, Malagasy Republic, Mauritania, Niger, Senegal, Togo, and Upper Volta. These countries account for nearly four‐fifths of the total patents in force andlor applied for in Africa (excluding Rhodesia and South Africa).¹

In particular, the paper tries to throw some light on the importance of developing countries for foreign patenting, the motivation of foreign patent‐holders to take out patents in these countries, the actual transfer of patented technology, and the reasons for the lack of such a transfer. The paper complements the extensive work on foreign technology and foreign patents in Latin America, especially by C. V. Vaitsos [1972] and the Junta del Acuerdo de Cartagena [1971]. It also seeks to test the theoretical assumption that patents in developing countries support the transfer of technology.²