Insurance Fraud and the Role of the Civil Law

Two UK Supreme Court decisions have considered insurance fraud. The first, Versloot Dredging BV v HDI‐Gerling Industries Versicherung (The DC Merwestone), concerned the use of a fraudulent device being harnessed to support a legitimate claim which, in the view of the majority, was an area of insurance law in need of re‐evaluation. The second, Haywood v Zurich Insurance Co, concerned the use of fraud to increase the settlement paid by the insurer and whether an insurer, which suspects fraud but has nevertheless chosen to settle a claim, is entitled to set aside the settlement under the tort of deceit where it subsequently discovers proof that it was in fact fraudulent. This case note examines not only the legal implications of the decisions and their likely impact on industry practice, it also focuses on the broader issue of the proper province of the civil law and whether general deterrence can be justified as a proper objective where the criminal law is deficient in punishing fraud because of its higher standard of proof.     

Harmonization through emulation: Canadian federalism and water export policy

Abstract: This article explores the challenges of policy harmonization in a decentralized federal polity through a study of Canadian efforts to develop nationwide water export regulations over the past fifteen years. The Canadian experience in water export policy illustrates three different policy harmonization processes and suggests some of the effects that international free trade agreements have had on economic and environmental regulation in Canada. Prior to the introduction of free trade, the federal government attempted to deal with water exports through the imposition of uniform national standards. After free trade, however, harmonization efforts became more decentralized as federal power over export controls diminished but provincial powers over water‐taking remained untouched. Despite an effort towards harmonization through policy interface standardization in the 1999 Water Accord, successful harmonization did not occur as a result of intergovernmental cooperation. Instead, harmonization was eventually achieved through an extensive process of policy emulation, a phenomenon that has received relatively little attention in the literature on federalism and public policy, to this point. Sommaire: Le présent article examine les défis de I'harmonisation des politiques dans un système fédéral déentralisé, en étudiant les efforts canadiens déployés pour éla‐borer des règlements sur I'exportation de l'eau à I'échelle nationale au cows des quinze derniéres années. L'expérience canadienne dans le domaine de la politique de l'exportation de l'eau illustre trois différents processus d'harmonisation des politiques et préente certains impacts produits par les accords de libre‐échange internationaux sur la délementation économique et environnementale au Canada. Avant I'introduction du libre‐échange, le gouvemement fédéral essayait de traiter l'exportation de I'eau en imposant des normes nationales uniformes. Depuis le libre‐échange, cependant, les efforts d'harmonisation sont devenus plus dCcentralisés, tan‐dis que le pouvoir fédéral sur les contrôles des exportations a diminue et que les pouvoirs provinciaux dans ce domaine sont demeurés inchangés. Malgré un effort réalisé dam le sens de I'harmonisation de l'interface politique avec 1'Accord sur I'eau de 1999, la coopération intergouvemementale n'a pas menéà l'harmonisation. Par contre, on y est parvenu par le biais d'un vaste processus d'émulation politique, phénoméne qui jusqu'à ce jour est passé pratiquement inapercu dans la documentation sur le fédéralisme et la politique publique.     

Following the Party in Time of War? The Implications of Elite Consensus

Prominent perspectives in the study of conflict point to two factors that exert substantial influence on public opinion about foreign intervention: (1) news about casualties and (2) signals from partisan elites. Past work is limited, however, in what it can say about how these two factors interact. We present an experiment designed to understand the surprisingly common scenario where elites send competing messages about whether the public should support war or oppose it—and these messages do not coincide with party divisions. We find that partisans are generally insensitive to news about casualties, but they become noticeably more sensitive when they perceive within-party disputes over support for the war. Independents, however, respond to news of casualties irrespective of what messages elites send. These findings shed light on when and how the public responds to competing and unclear cues and speak to the role of public opinion in determining conflict outcomes and democratic foreign policy-making more broadly.     

New Directions for a Critical Theory of Work: Reading Honneth Through Deranty

Axel Honneth’s theory of recognition has been criticised for presenting a deficient concept of work and the normative significance of work. In recent years Jean-Philippe Deranty, among others, has suggested that Honneth could overcome this deficiency by reintroducing into his mature theory the critical concept of work that first appeared in his 1977–1985 writings. My paper critically reconstructs and assesses Deranty’s position. I argue that Deranty has understated the extent to which his research direction diverges from Honneth’s. Rather than simply nuancing Honneth’s existing philosophical system, Deranty’s work exposes some of its conceptual limits and points beyond it.     

No Compromise: Political Consequences of Moralized Attitudes

Evolutionary, neuroscientific, and cognitive perspectives in psychology have converged on the idea that some attitudes are moralized—a distinctive characteristic. Moralized attitudes reorient behavior from maximizing gains to adhering to rules. Here, I examine a political consequence of this tendency. In three studies, I measure attitude moralization and examine how it relates to approval of political compromise. I find that moralized attitudes lead citizens to oppose compromises, punish compromising politicians, and forsake material gains. These patterns emerge on economic and noneconomic issues alike and identify a psychological phenomenon that contributes to intractable political disputes.     

Staying sincere: an experimental analysis of non-strategic voting in South Korea

Under ideal conditions, when do voters switch from sincere to strategic voters? Despite a large literature on strategic voting and Duverger’s Law, few studies assess when individuals shift from sincere to strategic nor what factors may encourage or discourage defecting from one’s first choice. Through an experimental web survey analysing district voting in South Korea’s National Assembly, this study measures the effect of partisan cues and the margin of error. Not only did a non-negligible number of respondents remain sincere voters despite conditions favourable to strategic voting, but supporters of smaller parties and those without partisan identification were more likely to defect from their sincere vote when given an additional prompt about the margin of error. The results suggest the contextual influence on the strategic vote calculus.     

Substitution Is in the Variance: Resources and Foreign Policy Choice

This article argues that foreign policy substitution arises as a result of the costs of foreign policies relative to state resources. States with few resources are constrained in foreign policy choice compared to states with an abundance of resources. As a result, states with few resources will, on average, select, lower‐cost policies than will resource‐rich states. Resource‐rich states, by virtue of their abundant resources, have greater discretion over policy choice and thus behave less uniformly than do resource‐poor states. Our empirical results provide evidence of this and support the argument that substitution is in the variance.     

Emotional Distress,Drinking, and Academic Achievement Across the Adolescent Life Course

Our study of the adolescent life course proposes that substantial maturation occurs within three intertwined arenas of development: the social, the psychological, and the normative attainment. Further, each arena may be linked, respectively, to three youth problem dimensions: drinking, depressive affect, and academic achievement. We use latent growth curves and the Youth Development Study (effective N = 856) to track a panel of teens from their freshman to senior year in high school. There are 54.4% girls and 45.6% boys, and 75.7% non-Hispanic whites and 24.3% other races/ethnicities. Two research goals are addressed: (1) estimate each dimension’s unique developmental trajectory across high school, and (2) model the dimensions together in order to assess their reciprocal influences. While mean levels in all three dimensions increased over time, distinct developmental patterns were observed, especially in drinking and depression. For example, more drinking occasions—a social activity for most teens—may help assuage some teens’ emotional distress, especially girls’. These patterns suggest a synergistic relationship between the social and psychological arenas of development. Contrary to expectation, higher freshman depressive affect was associated with a significantly sharper increase in GPA over time for girls.