A rent-seeking model of TELs

Tax and expenditure limits or TELs are constitutional or statutory constraints on the fiscal powers of government. Since the taxpayer revolt beginning in the late 1970s, TELs have been introduced in twenty-three states. In recent years a number of studies attempting to test the impact of TELs have found little evidence that TELs significantly reduced the growth of state government. In this study we challenge the implicit Leviathan model that underlies most of these studies, and offer an alternative rent-seeking model. Econometric tests provide support for this rentseeking model, and indicate that TELs have been significant in reducing the growth of state government, at least in the short run. “... the very principle of constitutional government requires it to be assumed, that political power will be abused to promote the particular purpose of the holder; not because it always is so, but because such is the natural tendency of things, to guard against which is the especial use of free institutions”     

64% Majority rule in Ducal Venice: Voting for the Doge

A recent result of Caplin and Nalebuff (1988) demonstrates that, under certain conditions on individual preferences and their distribution across society, super-majority rule performs well as a social decision rule. If the required super-majority is chosen appropriately, the rule yields a unique winner and voter cycles cannot occur. The voting procedure for electing a Doge in medieval Venice, developed in 1268, employed a super-majority requirement agreeing with the Caplin and Nalebuff formula. We present a brief history of the Venetian political institutions, show how the rule was employed, and argue that it contributed to the remarkable centuries-long political stability of Venice.     

The capacities of minors to exercise voluntariness in medical treatment decisions

The legal standard for informed consent to medical treatment requires that the consenter be informed, competent, and acting voluntarily. The voluntary requirement of a valid consent was investigated by comparing forty 9- and 10-year-old children and forty 14- and 15-year-old adolescents (both generally presumed to be incapable of voluntary consent) with 47 young adults ranging in age from 21 to 25 (legally presumed to be deciding voluntarily) on responses to three hypothetical medical decision vignettes. The degree of parental influence was varied within each vignette to study the salience of parental influence in medical decision making. In two of three medical decision vignettes, most participants were deferent to parental wishes and few differences were found between children, adolescents, and young adults in their responses to parental influence. Differences between age groups were found in response to a kidney donation vignette. Children were significantly more likely to defer to parents than either adolescents or young adults. Adolescents were more likely to defer to parents than young adults, although this finding only approximated statistical significance. Implications of these findings for legal authorities, social policy makers, and families are discussed.