Law and the Evolutionary Turn: The Relevance of Evolutionary Psychology for Legal Positivism

In the present essay, I consider the relevance of evolutionary psychology (EP) for legal positivism, addressing the two main traditions in the legal positivist family: (1) the tradition I identify with the works of Hart and Kelsen and characterize as “normativist,” as it tries to describe law as a purely or, at least, as an essentially normative phenomenon, while remaining true to the ideal of scientific objectivity and value‐neutrality; (2) the tradition I broadly refer to as “legal realism,” which equates law with adjudication and “legal science” with the task of explaining judicial behaviour.     

Ministerial Responsiveness in Westminster Systems: Institutional Choices and House of Commons Debate, 1832–1915

In Westminster systems, governments enjoy strong agenda‐setting powers but are accountable to an inquisitorial opposition. This article provides insights into the origins of this arrangement from the British House of Commons, drawing primarily on a new data set of a half million parliamentary speeches. We show that, according to a novel measure we develop, government ministers became more responsive to opposition members of parliament in the same period that the government's agenda power was most conclusively strengthened—roughly, the two decades culminating in Balfour's “railway timetable” of 1902. We argue that this increase in responsiveness helps to explain why opposition members of parliament acceded to reductions in their procedural power. We thus highlight a link between government strength and opposition scrutiny in the historical development of the Westminster system.     

Effects of proportionate‐share impact fees

Abstract

When it comes to paying for the significant costs of growth, local governments throughout the United States are usually the first line of financing. Yet because of a variety of factors, existing tax, fee, and inter jurisdictional transfer revenues may not be sufficient. Many hundreds (if not thousands) of communities rely in part on proportionate‐share impact fees to provide facilities concurrent with the effects of growth.

Impact fees have numerous detractors, many of whom worry about their effect on affordable housing, economic development, and development patterns. A disparate literature has emerged addressing each of these concerns. This article synthesizes current knowledge about the market effects of proportionate‐share impact fees and finds that for the most part, they facilitate development in several important ways. Policy implications and guidance for future research are presented as well.     

Rural rental housing preservation: The FmHA experience∗

Abstract

This paper summarizes the history of the prepayment issue for the Farmers Home Administration (FmHA) Title V Rural Rental Housing Programs and outlines the provisions of the 1987 and 1989 housing acts and FmHA implementation. Several ongoing studies are noted. Replication of the FmHA experience is deemed premature, pending results from regulation revisions and completion of the study. The author notes that the early experience provides some guidance relevant to the cost of preserving assisted housing and protection afforded low‐income tenants. The preliminary conclusions are that (1) the use of incentives is more economical than constructing replacement units, although not necessarily the least costly alternative, (2) FmHA regulations implement the law inadequately, and (3) agency staff are not uniformly or effectively implementing the regulations.