区际贸易障碍的法经济学分析与宪法规制

区际贸易障碍是国家内部贸易自由、统一市场形成与功能发挥的最大障碍之一。区际贸易障碍产生于公权力配置的非科学性和公权力行使的异化。区际贸易障碍直接导致市场经济结构受损、区域经济差异拉大和社会福利净损失生成。考察美国规制州际贸易障碍的经验和我国《反垄断法》的规定可知,在我国有效规制区际贸易障碍的路径既不是选择私人诉讼,也不能依赖行政管制,其根本解决之道只能是凭借宪法性规范的完善。     

法治化建设的思路创新--基于法经济学的法治化建设思路

法经济学作为经济学帝国主义的重要表现,它是用经济学的方法和理论来考察、研究法律和法律制度的形成、结构、过程、效果、效率及未来发展的学科;它是法学和经济学科际整合的边缘学科.在阐述法经济学的基本理论思维后,通过法经济学运动的启示作用,提出以经济战略推进我国法治化进程的思路.     

The Microphysics of Participation in Refugee Research

This paper examines the involvement of refugees in the productionand reproduction of knowledge of which they are ultimately meantto be beneficiaries. By using examples from research with CentralAmerican refugees and Rwandan displaced children, it considersforced migrants’ roles as participants in research, theirposition in ‘participatory’ research, and the representationof refugees’ voices in refugee-centred research. Poweris intimately connected to the diverse ways in which participationunfolds, and the last part of the paper examines refugees’participation in research in terms of ‘power that circulates’(Foucault) to show that they are not more or less powerful butvehicles for the circulation of power, simultaneously undergoingand exercising it.     

What judges maximize:toward an economic psychology of the judicial utility function

Posner proposes that federal appellate judges' income from judicial work and moonlighting is maximized within the constraint of time spent on leisure: he argues that judges' voting behavior be conceptualized as consumption, and that judges avoid the hard work and hassle involved in writing opinions. I propose that the terms entering the judicial utility function be simplified to judicial and non-judicial income, and consumption, some of which is enjoyed during leisure time but a proportion of which is enjoyed in working time (voting, reputation, avoidance of criticism, etc.) Moreover, the extent to which a judge experiences judicial work as laborious and hassling depends upon his cognitive style: adaptors and innovators are expected to conceptualize and experience the detailed work of opinion writing in different ways and thus to have distinct preferences for competing sources of utility. This revised version was published online in July 2006 with corrections to the Cover Date.     

利用犯罪经济学成本与收益理论预防贪污贿赂犯罪

从犯罪经济学的角度出发,运用犯罪的成本与收益理论,对贪污贿赂犯罪进行深入的分析,从而探究预防和控制此类犯罪的最有效的方法、策略。     

Refugee Return Migration: Return Migration from Sweden to Chile, Iran and Poland 1973 1996

In this paper, return migration from Sweden to three sourcesof refugee immigration is analysed, with a focus on the effectof political change in 1990. Chilean immigrants reacted morestrongly to political liberalization in the home country thanPolish immigrants did, primarily due to more favourable economiccircumstances in Chile compared to Poland in the 1990s. In fact,the increase in Polish return migration propensity after 1990is not statistically different from the Iranian increase, inspite of the absence of political liberalization in Iran. Thereare significant cohort differences within the Chilean group,indicating an element of economically motivated migration withinthe last waves of Chilean refugee immigration in the late 1980s.Hence, successful implementation of schemes of voluntary returnmigration for refugees will not only be dependent on an improvedpolitical situation in the source country, but will also behighly dependent on economic circumstances.     

The future of claims to resist removal by non-nationals suffering from HIV/AIDS

The focus of this article is to consider the difficulties facing non-nationals suffering HIV/AIDS to resist removal to their countries of origin where there is no or inadequate medical treatment. The link between HIV/AIDS and migration will be explored illustrating the vulnerability of displaced people to the virus. The current UK legal position for those attempting to resist removal in such circumstances will be explored. The article will explore two potential avenues that may prevent removal of non-nationals with HIV/AIDS to countries with limited access to the necessary treatment. In the first instance consideration of Article 3 European Convention on Human Rights (ECHR) will be made with particular emphasis on mother and child claims. The second argument will examine the potential for refugee claims under Article 1A (2) Refugee Convention 1951 where an applicant may be able to demonstrate a well-founded fear of persecution because of membership to a particular social group. The authors will particularly emphasise the argument that in certain countries sufferers will experience ostracism and victimisation where its severity may amount to treatment contrary to Article 3 ECHR and persecution under the Refugee Convention. Vanessa Bettinson and Dr Alwyn Jones, senior lecturers, De Montfort University. The authors would like to thank Professor Tony Barnett at London School of Economics for his useful and invaluable thoughts and comments. We would also like to thank our colleague Gavin Dingwall and the students in our 2006/07 Immigration and Refugee Law seminars for their very helpful feedback.     

Contemporary Prevalence and Prevention of Micronutrient Deficiencies in Refugee Settings Worldwide

Scant research has been conducted that systematically evaluatesinterventions to reduce micronutrient deficiencies in refugeepopulations, despite documentation of considerable prevalenceand continued outbreaks of micronutrient deficiency among thesepopulations. Refugees are especially at-risk for micronutrientdeficiency given their circumstances of origin, current residentialenvironment, and typical dependence upon food aid. Interventionspromoting reduction of micronutrient deficiency in refugee settings,including food fortification and dietary diversification, arerarely systematically evaluated for impact in reducing micronutrientdeficiency in refugee populations. As a result, little is knownabout the most effective prevention strategies for reductionof micronutrient deficiency in refugees. In fact, evidence suggestsperhaps that nutritional interventions with demonstrated effectivenessin other populations and locales may not be readily adaptableto refugee situations. Sustainable prevention interventionsaimed at reducing micronutrient deficiency in refugee populationsneed to be implemented and tested systematically to create anevidence base for good practice.     

An evaluation of the quality of impact assessment in the European Union with lessons for the US and the EU

Governments throughout the world are requiring greater use of economic analysis as a way of informing policy decisions. This paper provides a comprehensive analysis of the use of impact assessment in the European Union, using US assessments as a benchmark. We find that recent EU impact assessments include more economic information than they did in the past, although important items are still missing. We also provide evidence that the quality of EU impact assessment increases with the expected cost of a proposal. Furthermore, we find that the quality of EU assessments that report high total costs is similar to that of US assessments.     

Folklore as a source for creating exile identity among Latvian Displaced Persons in post-World War II Germany

This article draws on archival and print materials produced by Latvian Displaced Persons during the years they lived in UNRRA refugee camps after World War II. Its focus is on the ‘how’ of their cultural production and identity formation in camps that were established to expedite repatriation but became instead contexts in which Latvians as social actors opposed the goals of authoritative others to endow experience with their own textual meanings. This essay demonstrates how they recontextualized a variety of folklore genres as flexible and powerful resources for addressing their existential crisis and for solidifying exile as the basis for living purposefully off the territory of ‘home.’