Sequencing of remedies in sales law

This paper analyzes the effects of different sequences of remedies on the incentives of sellers to invest in product quality and on the probability of contract termination. For most European jurisdictions, Directive 1999/44/EC on the sale of consumer goods and its subsequent implementation into national law resulted in a substantial change in the remedies available to the consumer if a product proves deficient. Despite the purpose of the directive to harmonize national legislation, sales laws still differ significantly among member states. The analysis uses a stylized model to compare the pertinent features of two prototypical legal regimes that can be found after the directive’s implementation. The pivotal difference between the respective regimes lies in the sequence of remedies. We show that it is possible that investment incentives and the probability that contractual relationships initiated will be completed may be larger under either legal regime. Despite the general case’s ambiguity, we establish that the cancelation probability is typically lower if sales law limits buyers initial choice of remedies to subsequent performance. Our analysis indicates that the EC’s harmonization target has been missed. With regard to social optimality, we detail under which conditions it is desirable to provide an institutional framework that allows total seller investment to be split between an initial and an incremental input.     

Race and the Construction of Evidence in Homicide Cases

Research that attempts to document racial or gender disparities in the criminal justice system inevitably paints a distorted picture if only one point in the criminal justice process is examined. For example, studies that look at who is sentenced to death among a group convicted of first-degree murder will miss exposure of biases that occur at earlier stages of the criminal justice process. In this paper, we looked at prosecutorial files on over 400 homicide cases from Caddo Parish, Louisiana (the Shreveport area). Results indicate that even after controlling for aggravating factors, cases with White female victims result in thicker files than other homicides, indicating more prosecutorial effort in attempting to secure convictions in such cases. This, in turn, was related to more severe sentencing of offenders convicted of killing whites and women. On the other hand, cases with black victims resulted in the thinnest case files and the least severe sentences.     

Food Brexit and Chlorinated Chicken: A Microcosm of Wider Food Problems

This paper situates food safety concerns raised in the Brexit debate since the referendum and suggests that, although the issue of chlorinated chicken entered public discourse, it represents wider concerns about food safety standards. Food safety has had high resonance in the UK since the 1980s, but Brexit shows how it connects to wider concerns also raised about Brexit, such as impacts on healthcare, the effects of austerity on food poverty, the limitations of low waged employment, concerns about migration and labour markets, and regional economic disparities. Brexit’s impact on the UK food system is immense because food has been highly integrated into EU governance. While food standards can be portrayed as a single narrow issue, the paper suggests it provides a useful lens with which to examine, interrogate and comprehend these wider Brexit politics. The complex realities of food politics and wider food system dynamics undermine any simplistic political narrative of ‘taking back control’.     

Contingent fees meet the British rule: an exploratory study

Compensation schemes in which lawyer’s fees are contingent on winning the suit are becoming increasingly popular throughout Europe. At the same time, the British rule of legal cost allocation is applicable in many European countries. As a result, it is of policy relevance how their coexistence may be harmonized. This paper uses the litigation-contest framework to analyze the consequences of three different cost-allocation regimes if a plaintiff’s attorney is compensated on a contingent fee basis. We compare the equilibrium contest effort, justice, and payoffs for affected parties in the different regimes and find arguments in favor of not reimbursing contingent fees.     

Reviews & Resources

Theatre

The Miss Firecracker Contest, by Be A Henley at Westside Arts Theatre, New York City.

Me and My Shadow by Terry Wolver‐ton, at ABC No Rio in New York City, Fall 1984.

A Good American Novel, by Beth Lapides, at P.S. 122, New York City, December 1984.

nubs? (?nubs/'nebz/n: an ugly woman), by Lisa Goldberg, produced at SUNY‐Binghamton Fine Arts Center, December 1984.

Out/In The World: Life in the Work of Jane Bowles, created, directed and performed by Ellie Covan, produced by Open Channels in New York City, October‐November, 1984.

Dance

Pooh Kaye and Eccentric Motions at Dance Theatre Workshop, New York City, October 1984.

Sequestered Gestures, Carol Martin, Experimental Intermedia Foundation, December 1984.

Senta Driver's Harry, Emanu‐El Midtown YM‐YWHA, New York City, October 1984.

Marie Chien Noir at the Jerusalem Festival, Israel, Summer 1984.

Film

A Question of Silence, directed by Marlene Gorris, Netherlands. A Quartet Films Release, 1982.

An earlier version of this review, “Ordinary Women Who Kill,” appeared in the New York Native, August 13–26, 1984.

Books

The Diaries of Judith Malina: 1941–1957 by Judith Malina. NY: Grove Press, Inc., 1984. 464 + index. Cloth: $22.50; paper: $11.95.

Women in Motion by Alexa L. Foreman. Bowling Green, OH: Bowling Green University Popular Press, 1983. 245 pp. + bibliography. Cloth: $19.95.

Women Composers, Conductors, and Musicians of the Twentieth Century by Jane Weiner LePage. Metuchen, NJ: Scarecrow Press, Inc., Volume I, 1980; Volume II, 1983. 275 pp. and 360 pp. respectively, index. Cloth: $18.50 and $21.50 respectively.

Stormy Weather: The Music and Lives of a Century of Jazzwomen by Linda Dahl. NY: Pantheon Books, 1984. 268 pp. + notes, discography, bibliography, index. Paper: $12.95.

Mother of the Blues: A Study of Ma Rainey by Sandra B. Lieb. Amherst, MA: University of Massachusetts Press, 1981. 173 pp. + discography, appendices, notes, bibliography, two indices. Paper: $9.95.

Listings     

An International Environmental Regime for Population?: from Bucharest to Cairo

The problem of over population has been the subject of much debate since Malthus's 'Essay on the Principle of Population' in 1798. This debate has taken on a new sense of urgency, however, during the last 25 years, as the global implications of rapid population growth have became apparent. Attempts by the international community to establish a regime to deal with the problem have led to the convening of three conferences, Bucharest (1974), Mexico City (1984) and Cairo (1994) But despite propitious signs of consensus during the run up periods to each of these conferences, no international regime has been created This article examines the reasons for both the initial consensus and the eventual dissensus in each case, and concludes that several pre-conditions must be met if a regime is to be established in the future.