Introduction 15th annual conference of the european association of law and economics, utrecht, the netherlands, september 1998

This issue of the International Review of Law and Economics contains a selection of papers presented at the 15^th Annual Conference of the European Association of Law and Economics (EALE). It was the first time that the annual conference of the EALE was held in the Netherlands. It took place at Utrecht, in September 1998.Approximately 40 papers were presented at the conference. Many of these papers were submitted to this issue of the International Review of Law and Economics, and we were obliged to face the difficult task of selection. In this task we were helped by anonymous referees, who deserve much credit for their delicate task. The issue opens with the text of the invited lecture by Chief Judge Richard Posner on “Employment Discrimination: Age Discrimination and Sexual Harassment.” After this lecture, seven refereed papers are published. They cover a wide range of topics and include theoretical and empirical approaches.The first two articles are empirical studies. In their article “The Dynamics of Pretrial Negotiation in France: Is there a Deadline Effect in the French Legal System?,” Bruno Deffains and Myriam Doriat provide empirical evidence on pretrial negotiation in France with the primary goal being to determine whether there is a deadline effect. Theoretical and experimental studies generally show that in pretrial litigation most claims are settled just before the negotiation deadline, i.e., at the door of the court. Using data on civil law conflicts in France, the authors demonstrate that although the out-of-court settlement rate is relatively low, a deadline effect exists in the French legal system. The article complements the theoretical and experimental literature in the field of pretrial negotiation and provides additional insights into the functioning of the legal system.The article “Modeling Crime and the Law Enforcement System” by Frank van Tulder and Abraham van der Torre presents a macroeconomic model of the Dutch criminal justice system. The empirical estimations show that demographic, social, and economic factors and the results of the law enforcement system influence the number of crimes. It is found that a rise in the clear-up rate reduces the crime rate, whereas the average term of imprisonment has a negative impact on violence. A growth in the number of young men, divorced persons, unemployed, drug addicts, and motor vehicles—each per capita—and a rise in income inequalities have a boosting effect on one or more types of crime.The third article by Michael Faure and Paul Fenn is concerned with the costs and benefits of making liability for accidents retroactive, given the availability of liability insurance. The authors distinguish between the injurer’s perceived risk that the standard of care applied by the courts will differ from his chosen level of care, where this perceived risk is based on precedent or current practice, and the genuine uncertainty that the standard of care may change in the future as a result of unknown developments in the technology of care. While the injurer’s probability distribution over liability may be the same in each of these cases, he may be far less confident about the reliability of the probability distribution as a guide to choice in the latter case. In principle, the risk of liability arising from an unknown standard of care could be transferred to a liability insurer through the purchase of occurrence coverage. However, in addition to the usual source of difficulty for insurance markets as a result of information asymmetry, insurers also may have distaste for ambiguity. The authors show that this could in some circumstances lead to market failure in the provision of occurrence policies. These welfare losses from inefficient risk sharing as a consequence of retroactivity must, therefore, be set against the potential welfare gains from improved incentives for injurers to seek out information on care technology, as well as the concerns over distributive justice.In their article “Unitary States and Peripheral Regions: A Model of Heterogeneous Spatial Clubs” Jean-Michel Josselin and Alain Marciano develop an analytical framework for understanding the limits of constitutional unity. Their microeconomic model of unitary states deals with two kinds of heterogeneity. First, preference distance or physical distance account for decreasing net benefits from expansion. Second, heterogeneity may involve a discontinuity in the spatial pattern of preferences: “Peripheral behaviors” threaten unity. The authors integrate such behaviors into the model and draw some lessons as to the nature of an optimal constitutional area, discussing in particular the status of peripheral regions.The fifth article by Benito Arrunada, entitled “The Provision of Non-Audit Services by Auditors: Let the Market Evolve and Decide,” searches for and defines efficient regulation of the provision of non-audit services by auditors to their audit clients. From an examination of the particular problems posed by these services, it is concluded that they reduce total costs, increase technical competence, and stimulate more intense competition. Furthermore, they do not necessarily damage auditor independence or the quality of non-audit services. This assessment leads to recommending that legislative policy should aim at facilitating the development and use of the safeguards provided by the free action of market forces. Particular emphasis is placed on the role played by fee income diversification and the enhancement, through disclosure rules, of market incentives to diversify. A rule of mandatory disclosure of client diversification is examined to facilitate the task of the market with regard to achieving the optimal degree of auditor independence.In the next article, Antony Dnes applies the economic analysis of law to examine recent proposals in England and Wales for the reform of the law affecting financial settlement following divorce. Two specific measures have been proposed to reduce judicial discretion: a mathematical formula (such as a rebuttable presumption to divide equally the whole pool of assets during divorce) to be applied in the absence of agreement between the parties, or the enforcement of prenuptial agreements. The author concludes that these measures should be welfare improving but would need to be forward looking and applied to marriages, rather than divorces.The last article by Niva Elkin-Koren and Eli Salzberger provides a look at the changing world of law with the emergence of cyberspace from the perspective of the economic approach to law. The authors argue that the Chicago paradigm cannot be of much help to analyze law in and of cyberspace. While cyberspace reduces the traditional causes of monopolies, it introduces new types of monopolies that are the consequence of control over technologies rather than of price and demand curves. Second, the strict correlation between markets and states does not exist in cyberspace. The authors equally point at the weaknesses of transaction cost analysis. The Coaseian analysis assumes a given state of technology and overlooks the correlation and reciprocity between technological developments and legal rules. The authors consider neoinstitutional law and economics as the most suitable framework for examining the changing world of cyberspace, but they suggest some refinements. Cyberspace invites a reassessment of the borders between markets and hierarchies and poses special challenges to the paradigmatic assumption of rational behavior.     

Protection against Unfair Contracts: An Economic Analysis of European Regulation

After considering the possible outcomes that may result from the interaction between potential contract parties, this paper discusses potential causes of inefficiency and investigates how the law affects conditions that would give rise to inefficiency. The analysis is focussed on the European regulation of standard form contracts. This regulation implies that unfair terms in standard form contracts are unenforceable in Member States of the European Community, and can be interpreted as a measure to curtail the adverse selection problem that originates in the fact that contract parties may use standard form contracts. This paper investigates the welfare implication of this protection against unfair contracts.     

THE PLURALITY OF FACTORS INFLUENCING POLICYMAKINC: SCHOOL REFORM LEGISLATION IN THE AMERICAN STATES, 1982–84

This paper attempts to explore recent efforts of American state legislatures to improve the quality of public schools. Which state legislatures have passed school reform legislation? At what aspects of public education is this reform legislation aimed? Are there significant variations across states in such reform legislation? What has contributed most to the passage of such legislation? Is it the socioeconomic characteristics of individual states or the structural and procedural characteristics of their legislative branch that better explain school reform legislation? Analysis of data from the 50 states reveals greater variation in legislative results that reform public schools. The regional locus of most reform was the south. Most importantly, school reform legislation was found to be influenced by the interaction of a multitude of divergent forces. This finding suggests that researchers interested in the determinants of legislative action must move beyond analysis of whether economic or political forces shape legislative outcomes to inquire how economic, political and other forces interact when a given reform effort reaches the legislative halls of the states.     

Is Television Bad for Your Health? Behavior and Body Image of the Adolescent “Couch Potato”

This article examines the potential health effects of television. A survey of 1035 Flemish 17- and 18-year-olds shows that eating snacks and drinking regularly accompany viewing. Television was also shown to influence sleeping and family meals. Heavy viewers did not, however, appear to be more passive than lighter viewers. Their indulgence in sports did not differ, but content-specific relationships with going out appear to exist. In this group no link between viewing and obesity was found, but viewing was significantly related to various aspects of people's self assessments regarding their weight, their ideal weight and their looks. Particular attention was given to those television programs that portray idealized bodies. Generally, a distinction was made between men and women because many body-, weight-, and health-related factors may be culture and gender specific.Fund for Scientific Research (Flanders)     

When is 100% inspection not enough? An analysis of three pickup truck front wheel assembly failures

The loss of a cotter pin in the front wheel assembly of cars and trucks has been a problem for several years. This is shown by the fact that the automobile manufacturers have been committed to a 100% inspection of the process for installing them on cars and trucks. In this paper, three accident cases are presented, along with a method by which the forensic engineer can determine if a cotter pin has ever been installed on the front wheel assembly. Testing was done to show what the spindle would look like if the cotter pin had been installed properly and forcibly removed. Photographs show both the accident and test spindle for comparison.     

The Case for Supply-Side Economics Revisited: The Effect of Time Preference

Despite some legitimate criticisms that are acknowledged, the basic idea behind the Laffer curve analysis of the 1980s is theoretically sound. Some of the fallacies and flaws that subsist in standard accounts of the general effects of taxation can be related to the fact that time preference is not taken into account. The primary significance of time preference has been insufficiently recognized in the mainstream literature. Apart from Buchanan's refinements of the Laffer curve analysis and besides the widespread recognition of the phenomenon of time preference by economists of the so-called Austrian school, amazingly little attention has been paid to it. This article constitutes an attempt to help remedy this situation. Moreover the Austrian analysis provides valuable insights concerning the problem of the incidence of taxation that haven't received proper recognition either.     

Government spending cycles: Ideological or opportunistic?

This paper examines whether partisan and opportunistic motives affect government expenditure growth in the Netherlands. The time series analysis, covering the period 1953–1993, allows for different types of government spending. In general, spending is inspired by ideological and opportunistic motives: all government expenditure categories show an upward drift during election times and the ‘partisan’ motives behind government spending are clearly revealed: left-wing cabinets attach greater importance to social security and health care than right-wing cabinets and right-wing cabinets value expenditure on infrastructure and defense more than left-wing parties.     

A political economic analysis of labor migration and income redistribution

We present a two-country political economic model of income redistribution with internationally mobile labor. Migration can be exogenous and/or endogenous (i.e., determined by labor income differentials). Political influence is determined by the size and homogeneity of the groups, where the latter can be affected by immigration. We show that immigration can increase the transfers to, and the income of, the mobile group. We also investigate the possibility of migration regulation, tax-transfer policy competition and coordination and, finally, coordination of regulation policies. It is shown that the selection of any of those regimes will depend on the particular distribution of political influence among the relevant social groups in the two countries.