The New German party finance law

In 1992 the Federal Constitutional Court decided for the sixth time since 1949 that the German legislation concerning political finance was unconstitutional. While the first five cases were important milestones in the development of German law on the public funding of parties and campaigns, this decision was notable for its rejection of key provisions of two laws that were passed in the 1980s and for overturning the Court's previous ban on direct aid to the parties. A commission of experts was formed to study and recommend changes, and a new law was passed by the Bundestag and Bundesrat in November and December 1993. Instead of focusing on reimbursements of parties for their campaign expenditures, the new law provides for direct financing of parties based on one DM for each vote in EU, national, and Land elections and DM .50 for each D‐Mark received in party dues and donations up to DM 6,000 per person (12,000 per couple). For the first five million votes, the parties receive DM 1.30 per vote. To encourage citizen involvement, parties are not to receive more than the sum of all of their own source revenues, and the total support for all parties is not to exceed the DM 230 million (adjusted for inflation) that was given to the parties as reimbursements for campaign expenditures in the period 1989–1992. To those who have followed the controversies over German political financing since the 1950s, it will be no surprise to learn that the new legislation has provoked criticism and sparked plans to bring the new law before the Federal Constitutional Court.     

Examining the cognitive interview in a double-test paradigm

Abstract

The Cognitive Interview (CI) was compared with a standard interview protocol (based on the National Transportation Safety Board) to interview witnesses of a videotaped traffic accident. Witnesses were tested twice, five minutes after viewing the accident and again two weeks later. The CI elicited approximately 70% more correct facts than did the standard interview, and at equivalent accuracy rates, at both the first interview and the second interview. The double-testing procedure generated novel data patterns that may allow us to identify incorrect recollections; other results lead us to question some legal assumptions about the diagnosticity of inconsistent recollections.     

Governance and Democracy in Northern Ireland: The Role of the Voluntary and Community Sector after the Agreement

Since 1998, Northern Ireland has been the subject of a unique experiment in governance and democracy. The experiment includes the establishment of a participatory Civic Forum in which the voluntary and community sector has an important stake. Beginning with a discussion of the merits of a participatory aspect to democracy in the contemporary age, this paper identifies factors that might help establish the Civic Forum as a successful participatory institution in Northern Ireland. Key factors include the attitude towards the Forum of political representatives and their willingness to foster a participatory dimension to the new democracy. Other important factors are inclusiveness and the balance of sectoral representation in the Forum.     

What discount rate should bankruptcy judges use? Estimates from Canadian reorganization data

Using data from financial reorganization plans filed by insolvent Canadian firms, we estimate the discount rate implicit in the unsecured creditors’ reorganization decision. Using (HARA) utility functions, we find the implicit monthly discount rate of creditors to be 4.9%, which corresponds to an annual discount rate of 77%. This is 7–10 times higher than discount rates used in previous empirical studies of reorganization. The discount rate estimates are robust to a range of assumptions about the degree of risk aversion and the market-to-book-value ratio of assets.     

TNCs: Aid agents for the new millennium?

Until very recently private capital flows to developing countries have been growing rapidly. In the wake of the 1997 East Asian financial crisis, foreign direct investment has been identified as a vital ingredient to restore and invigorate the economies in the Asian region and beyond. In an attempt to attract overseas capital and to stimulate economic development, countries such as the Philippines have stepped up the adoption of policies that allow for greater access by foreign investors. Increasingly, it appears that foreign capital, provided through transnational corporations, is set to replace official aid and to promote economic development first and foremost, with 'trickle-down' social benefits to follow. This study examines the role of one transnational corporation called the Alliance, in the promised development of Bohol in the Philippines, as a by-product of a water treatment and supply proposal linking the island provinces of Bohol and Cebu. The findings suggest that economic objectives tend to take priority over social development. The Alliance seemed to expound its economic and technical ability, with less effort given to involving and consulting with affected communities. This resulted in residents being disenfranchised from the development process, and gave rise to a feeling of mistrust and resentment.     

The Contentious American Debate: The First Amendment and Internet-based Hate Speech

This essay reviews the debate over what constitutes hate speech and whether or not such speech is protected by the American First Amendment. First, the concept of white racialism and white supremacy is defined and illustrated. Then after a brief discussion of the legal debate, the nature and problematic definition(s) of hate speech is presented. The unique speech environment of the internet is reviewed alongside attempts to limit and censor topics available on the internet. The arguments for and against restricting first amendment protection are discussed, with a focus on Michael Israel's five criteria for withdrawing first amendment protections. The work concludes with a discussion of the difficulty in constraining discourse on the internet.