The outcome-prediction strategy in cases denied certiorari by the U.S. Supreme Court

We investigate whether the substantial use of the outcome-prediction strategy by Supreme Court justices occurs in the petitions denied certiorari by the Court. We show with a computer simulation that [Caldeira, G.A., Wright, J.R., & Zorn, C.J.W. (1999). Journal of Law, Economics and Organization, 15, 549–572], who modeled the missing final votes for denied petitions in order to include them in their study of the use of the outcome-prediction strategy, may have obtained spurious results. Application of the logic of conditional probabilities to the denied petitions suggests that all but those denied by the narrowest of margins are probably considered unacceptable by the justices on non-outcome-oriented grounds, and, therefore, are not subject to use of this strategy. We evaluate the pursuit of the outcome-prediction strategy in petitions that narrowly fail to be granted cert by focusing upon the petitions that are narrowly granted cert and find limited use of the strategy. We conclude that the outcome-prediction strategy probably is little used by the justices in confronting the petitions denied cert and that investigations of the use of this strategy are best confined to those petitions granted cert.     

Prosecution of grave violations of human rights in light of challenges of national courts and the intenational criminal court: The congolese dilemma

The war in the DRC has resulted in one of the world’s worst humanitarian crisis with over 3.4 million displaced persons scattered throughout the country. An estimated 4 million people have died as a result of the war. The most pressing need to be addressed is the question of justice and accountability for these human rights atrocities in order to achieve a durable peace in the country and also in the Great Lakes region. It is particularly true in post-conflict situations where justice systems have been either partially or completely destroyed, that national courts are not capable of arriving at a uniform stance, or willing to provide justice for atrocities in the immediate future. As a result, international justice seems to be a crucial and last resort that must continue to be fortified against efforts to undermine it. However, even if the ICC achieves its full potential, it faces a number of challenges. Firstly, it is realistically not able to address all situations in which national courts are unwilling or unable to prosecute perpetrators. Secondly, there are temporal and other jurisdictional limitations on what cases the ICC can hear. Accordingly, the ICC will only have the power to try people accused of the gravest human rights violations committed after 1 July 2002; the date the Rome Statute which established the ICC took effect. As a result, only a small number of individuals responsible for the atrocities committed will be tried by this Court. Thirdly, is the establishment, of the Truth and Reconciliation Commission (TRC), one of the civilian institutions that emerged from the peace talks, meant to end impunity or to cover up gross violations of human rights committed in the DRC? It remains to be seen how it will function and interact with the courts.     

The Policy of High‐Tech Industry Development: The Case of Location Assessment for Biotech Industry Parks in Taiwan

Biotechnology will be the star industry of the 21^st century, and will also be one of the main focal areas of Taiwan's future industrial development. Many scholars have suggested that the presence of geographical clusters is an important factor that determines an industry's international competitiveness. As an example of the clustering effect, when high‐tech industry was just starting to take off in Taiwan, the establishment of the Hsinchu Science‐Based Industrial Park successfully promoted the upgrading of the industrial structure. The goal of this study is to explore the development of an industrial park location selection model for Taiwan's biotech industry, while considering the influence of the clustering effect, with the ultimate intent of promoting the industry's development. Because clustering factors are certainly not necessarily independent, and may entail a feedback effect, this study uses the analytic network process (ANP) multiple criteria decision‐making (MCDM) model to construct a “biotech park” location selection model, and then determine the optimal location of a biotech park from three alternatives. The results suggest that Taipei City would be the optimal choice for a biotech park. This finding can serve to guide the government's biotech industry development policies.     

Child support: Interstate Dimensions

The failure of uniform state laws and other forms of interstatecooperation to solve the problem of collection of child supportby a custodial parent from a reluctant obligor in another stateled Congress to employ incrementally conditional grants-in-aidto regulate states' efforts to enforce child support orders.Congressional action has produced limited results and the proposalhas been advanced for establishment of an exclusive federalgovernment child support system. Our analysis suggests thatCongress lacks authority to establish such a system and interstatecollection of child support will continue to be a serious problem.     

When government programs create inequities: A guide to compensation policies

When the government institutes a program thought to be useful for society as a whole, such as building a highway or controlling air pollution, those that benefit from such programs are usually quite different from those that bear its costs. Sometimes the government responds by postponing or modifying the program, sometimes by compensating those that are bearing an inequitable share of the costs. By using familiar economic concepts, the analyst can more effectively choose between the two approaches. Applying those concepts to the case of highway construction in California, we conclude that in this instance cash compensation is clearly superior to postponement as the policy of choice.     

Cost-sharing — A necessary component for successful technology transfer

The general objective of this paper is to propose the establishment of a federal cost-sharing policy for reducing risk in transferring technology from the R&D stage to commercialization. Minimization of this risk barrier is expected to encourage diverse groups to participate in technology transfer. Section II focuses on specific barriers that impede technology transfer efforts and it presents policy options to minimize identified barriers. Section III introduces objectives of cost-sharing experiments from which cost-sharing policies can be formulated. In addition, we also identify specific cost-sharing participation criteria and success variables for the policy.     

From status to delinquent offenses: Escalation?

An important issue in juvenile justice today is whether the juvenile court should maintain or abandon its present legal jurisdiction over status offenders. Arguments in favor of retaining such jurisdiction are often based on the relatively untested assumption of career “escalation”—the idea that juvenile misbehaviors, if left untreated, will increase in seriousness with age from status offenses to more serious forms of delinquency. However, our analysis of self-reported surveys from a national panel of boys indicates that patterns of juvenile misbehaviors are more likely to be stable or constant over time than to increase in seriousness. The policy implications of these findings are discussed.