Patriotic Liberalism

Law and Philosophy -     

The World Trading System, the International Legal System and Multilevel Choice

Abstract:  This article develops a theory of multilevel choice of regulatory jurisdiction based on normative individualism, and suggests how certain features of the World Trade Organization (WTO) might be understood in terms of this theory. The WTO has some capacity for positive integration, as demonstrated in, for example, the harmonised minimum standards for intellectual property protection contained in the TRIPS agreement. Yet the WTO has generally not been used as a site for re-regulation in areas congruent with its de-regulation. However, in a limited way, and in particular contexts, it provides certain incentives for re-regulation at other sites. For example, both the SPS Agreement and the TBT Agreement encourage the formation of harmonised rules. These agreements require Member States to use international standards as a basis for their measures, with important exceptions.     

THE DELINQUENCY OF CHILDREN BORN TO YOUNG MOTHERS: RESULTS FROM THE ROCHESTER YOUTH DEVELOPMENT STUDY*

This paper examines the relationship between a mother's age at first childbirth and the delinquent behavior of her children. Using data from the Rochester Youth Development Study (RYDS), an ongoing longitudinal study of adolescent development, we found that children born to mothers who began childbearing at a young age were more prone to general delinquency, violence, and arrest than were children born to mothers who began childbearing when they were older. This “early first‐birth effect” was far larger in white and Hispanic families than in African‐American families. Mediating analyses found that the early first‐birth effect was most attributable to the unstable composition of families in which early childbearing occurs. That said, a substantial portion of the effect remains unmediated.     

The committee assignment process as an optimal contracting problem

This paper adapts a simple model from the optimal contracting literature to explain the relationship between political parties and non-incumbent candidates. The model predicts that legislators with a higher opportunity cost of government service will receive better committee assignments. Using data that spans 12 Congresses (97th to 108th), I find that when the opportunity cost of Senate service is measured by previous occupation, freshmen senators with a high opportunity cost for serving (those who were lawyers) were given good committee assignments, while freshmen senators with a low opportunity cost for serving (professors, and those with relatives already in politics) were given worse committee assignments.     

美国的无罪裁决——从1989年到2003年

在1989年8月14日,伊利诺斯州芝加哥市库克郡巡回法院宣布1979年加利·多特森(GaryDotson)强奸案件的判决无效,并撤销了定罪裁决。多特森先生在监狱中服刑达10年之久,后来得到了假释,他并不是美国历史上第一个被无罪释放的无辜的囚犯。但是,该案是美国刑事司法历史上的一个转折点:他是第一个受益于 DNA 鉴定技术而被无罪释放的罪犯。该案掀开了美国刑事司法系统改革的帷幕。在此前,针对被错误定罪的被告作出无罪释放的裁决被视为是反常的情况。但是自从1989年以来,这种少有的事变成了一种令人不安的常见的情况。本研究报告旨在研究美国从1989年到2003年期间所作出的无罪裁决。通过调查那些作出无罪释     

The decomposition and graphical analysis of crime and sanctions data: A cross-national application

This article attempts to illustrate the utility of isoquant map analysis from the field of production theory in microeconomics for the analysis of criminal justice data. Cross-national comparisons of aggregate crime and justice data are used to demonstrate the ability of this technique to reveal important patterns that are often obscured by simple rate comparisons and multivariate treatments such as pooled time-series analysis. For each jurisdiction, aggregate trends in criminal justice processing rates are systematically analyzed as a sequence of two-input production processes: gross imprisonment rates (prison population divided by resident population) can be partitioned in terms of the crime rate and punitiveness (prison population divided by the number of offenses); punitiveness can, in turn, be partitioned in terms of severity and certainty of punishment; certainty of punishment can then be partitioned, seriatim, in terms of the incarceration rate, the conviction rate, and the arrest or clearance rate and the rate at which citizens report crimes. Cross-national data collected by Farrington, Langan, and Wikström are used to illustrate the utility of the method for displaying comparisons of the decomposition of aggregate criminal justice data for the United States, England, and Sweden.