The reasonable person standard: trading off static and dynamic efficiency

This paper compares the performance of a due care standard which is tailored to individual precaution costs to that of the reasonable person standard. This is done in a framework in which injurers can reduce their precaution costs via investment in progressing care technology. We show that the reasonable person standard may invoke better investment incentives, pointing to a potential trade-off between static and dynamic efficiency.     

Cultivating Evidence-Based Pathways for Cannabis Product Development: Implications for Consumer Protection†

Disparities between federal and state cannabis regulation, coupled with protracted federal enforcement, have facilitated the proliferation of a multi–billion dollar cannabis industry that generally evades compliance with federal consumer protection laws. The Federal Food, Drug and Cosmetic Act (FDCA) established regulatory pathways for the lawful development of products such as food, drugs, and dietary supplements. The FDCA uses a science-based approach to protect consumers from harmful products, but early inconsistencies between state and federal cannabis regulation prevented and/or discouraged the cannabis industry from complying with FDCA requirements. Cannabis products are promoted as safe and attributed with providing effective therapeutic treatment for numerous medical conditions, yet the claims often lack the rigorous evidence-based support typically expected by regulators and the medical community. The Food and Drug Administration (FDA) has announced its expectation that cannabidiol (CBD) products comply with the FDCA and follow a science-based approach to product development. The FDA is addressing violations involving unsubstantiated CBD health claims and is working to clarify the future regulatory pathway for CBD products. Meanwhile, the state-approved cannabis market continues to operate, selling numerous products that have circumvented the FDCA consumer protections. This article examines the need for strengthening consumer protections in the cannabis market. We use evidence-based medicine as a model to address the importance of science-based product development and to contextualize a science-based comparison of regulatory pathways for cannabis drugs, food, and dietary supplements.     

After Decentralization: Patterns of Intergovernmental Conflict in Argentina, Brazil, Spain, and Mexico

Recent scholarship on the political determinants of decentralizationhas been useful for explaining initial decisions by nationalelites to decentralize, but the electoral independent variablesfavored by these analyses are insufficient to explain the complexprocess of decentralization over time. Distributional conflictsinvolving national chief executives and subnational governmentsoccurring after decentralization is initiated shape the processin ways that alter initial conditions. This study assesses changein the degree, pattern, and pace of decentralization in fourcountries: Argentina, Brazil, Mexico, and Spain.     

Making and Remaking "Good Government" in Brazil: Subnational Industrial Policy in Minos Gerais

Comparative examples of "good government" at the subnational level may underanalyze the "public goods" problem facing politicians. Delegating authority and resources to policymaking agencies is possible when political conflict is low. The benefits can be maintained only if public agencies establish ties of "horizontal embeddedness" with industrial clients. This case study of innovative industrial policymaking in Minas Gerais, which is compared with one from Rio de Janeiro, finds that horizontal, interagency ties were critical to policy success. The contrast leads to an examination of the mineiro system's efficacy in promoting externalities, attracting foreign investment, and planning infrastructure in the state's automotive industry.     

Science and Technology and the President's Crime Commission

The U.S. President's Commission on Law Enforcement and Administration of Justice added a Task Force on Science and Technology as somewhat of an afterthought because there had then been very little interaction between science and technology and the criminal justice system (CJS). The task force focused on the CJS as a whole and interactions among its parts, with an important emphasis on analysis of the operating systems and on the important potential role of information systems as the technology advanced. The potential applications of contemporary information and electronic technologies is considerable, especially for assessing risk and needs of identified offenders and for providing relevant information wherever needed. There is urgent need for scientific evaluation of many of the positive and negative aspects of the operation of the CJS and of the potential for new technologies.     

Russian Federalism in Comparative Perspective

A specialist on the comparative analysis of states and polities provides a framework for investigating the extent to which federal states are democratic in their operations. The article outlines propositions derived from data on eleven continuously democratic federal systems in the world during the 1990s. Russia is then compared systematically with these systems with respect to the federal legacies of pre-Soviet and Soviet power, the distinctiveness and democratic viability of its current “asymmetrical federalism,” and the roles of presidential, legislative, and party-system power. Aggregate data and a case study are presented that bear on the difference between levels of democracy in republics as opposed to oblasts. The dynamics of central “power creation” since August 1998 are explored.