Institutions,Arrangements and Practical Information*

Abstract. A restatement of an institutionalist theory of law is attempted with particular reference to legal reasoning and legal rights. Use is made of Ota Weinberger's concept of “practical information”, focusing on both its momentary and diachronic aspects. Momentary practical information corresponds to the need to know which conduct is required of us at a given moment. The diachronic practical information becomes relevant whenever we wish to stabilize the practical information and to reduce the likelihood of change regarding our ways of acting. Furthermore, the momentary information is given sense only against the background of the diachronic one. Among the different types of diachronic practical information particular importance is ascribed to legal “institutions” such as contracts and rights. Legal “institutions” are conceived as founded on various sets of rules. Rules may then increase the number of facts in the world: those special kinds of facts which are represented by social phenomena.     

Environment,Self-Regulation,and the Chemical Industry: Assessing Responsible Care*

This study examines the role of self-regulation as a strategy for environment protection. In particular it explores the chemical industry's Responsible Care Program. Responsible Care is afar-reaching and sophisticated self-regulatory scheme intended to reduce chemical accidents and pollution, to build industry credibility through improved performance and increased communication, and to involve the community in decision making. The study identifies the collective action problems and other weaknesses of Responsible Care and argues that a more effective approach to environmental regulation of the chemical industry would be tripartite, involving co-regulation and a range of third party oversight mechanisms.     

Transparency of Risk and Reward in U.K. Public–Private Partnerships

Public–Private Partnerships (PPPs) are an increasingly common mechanism for the renewal of public sector infrastructure, although in the United Kingdom, these have been criticized as representing poor value for money. An inherent assumption of much of this criticism is that a corollary of detriment for the public sector is benefit for the private sector. This paper highlights the difficulty of objectively verifying the many criticisms and assumptions regarding risk and reward associated with PPPs. Public and private sector disclosure policies and systems are analyzed and we conclude that neither sector practices openness and transparency. This results in a democratic accountability deficit in the public sector and a lack of meaningful data being made available to stakeholders in private companies.     

Europe's Constitutional Engagement

Abstract.  That the European Union is in a state of constitutional engagement speaks both to an obvious and urgent truth and to a less obvious but ultimately even more significant possibility. Patently, and of immediate import, with the process of national ratification in full flow following the signing of the Constitutional Treaty in Rome in October 2004—the fruit of the deliberations and negotiations of the Convention on the Future of Europe (2002–3) and the Intergovernmental Conference (2003–4)—the new union is presently in the pre-nuptial phase, and displaying many of the signs of pre-nuptial tension. Notwithstanding the legal convolutions of some of the engagement's most ardent supporters, the marriage cannot take place unless and until all twenty five member states have signalled their consent in accordance with national constitutional requirements. These requirements are diverse, and in ten cases have been interpreted as involving either a binding or an advisory referendum. And following the reaction of the June 2005 European Council to the French and Dutch "ho" votes, we will have to wait until at least 2007 for the marriage to be solemnized. As with so many engagements, therefore, there is however a strong possibility that the whole thing will be called off at the last minute. The consequences of failure would be not insignificant for the European Union, but perhaps not as significant as some fear and others hope. In what follows, by investigating instead the deeper meaning and the longer-term ambition of Europe's constitutional engagement, I seek to demonstrate that, although clearly an important variable, the ratification of this particular Treaty at this particular moment is neither necessary to nor sufficient for the realization of the EU's full constitutional potential, but that the secular process which such an initiative reflects is of vital significance.     

Is the Sum Greater than Its Parts? Circuit Court Composition and Judicial Behavior in the Courts of Appeals

Building on strategic models and the collegial nature of the U.S. courts of appeals, this article assesses the influence of a circuits' composition on individual judges' behaviors and the president's role in shaping the courts. As partisanship is one of the few signals of a nominee's ideology known to an executive administration at the time of appointment, it is important to measure partisan composition as a factor in individual behavior as well as other measures of overall ideology of the circuit. This article finds that the composition of the circuits influences individual behavior, even after controlling for individual ideology, panel effects, and other contextual factors. This remains true whether we examine composition based on partisanship or on more nuanced ideological measures. Noting that presidents, on average, create new partisan majorities within two circuits per four‐year term, these findings suggest turnover on circuit courts may have influences on case outcomes outside of a particular new appointee's voting record.