A Note on Optimal Law Enforcement under Asymmetric Information

We show that the probability of apprehension and punishment is usually reduced in a framework with asymmetric information, leading to more offenses being committed. A positive correlation between crime and asymmetry of information in the enforcement process is established. Some suggestions concerning the efficiency of private versus public enforcement are drawn.     

Optimal Law Enforcement with a Rent-Seeking Government

This article analyzes public and private law enforcement whenthe government is motivated by rent seeking. A rent-seekinggovernment seeks primarily to maximize revenue. The articleconcludes as follows: (1) if offenders have sufficient wealth,a rent-seeking government is more aggressive than a social-welfare-maximizinggovernment in enforcing laws against minor crimes (such as parkingviolations) but more lax in enforcing laws against major crimes;(2) competitive private enforcement is usually better and neverworse than monopolistic private enforcement; (3) The choicebetween competitive private enforcement and public enforcementdepends on which is cheaper and on the severity of the offense.     

Optimal law enforcement and the economics of the drug market: Some comments on the Schengen Agreements

In this paper, we extend the optimal law enforcement model to the illegal trade and consumption of narcotics. Three sources of risk in the narcotic business are considered: (1) The consumer can be detected while consuming narcotics; (2) the consumer and the retailer can be detected at the time of sale to the consumer; and (3) the retailer and the producer can be detected at the time of sale to the retailer. We derive the two levels of market equilibrium and a set of comparative static results. The welfare analysis is used to comment on the Schengen Agreements and the implications for the market of narcotics.     

Regulating electronic identity in the European Union: An analysis of the Lisbon Treaty’s competences and legal basis for eID

This paper discusses the feasibility of EU legal action in the field of electronic identity (eID) within the new distribution of legal competences and the provision of novel legal basis engendered by the Treaty of Lisbon. The article attempts to find a ‘legal anchor’ to the idea of a pan-European electronic identity within EU law, looking at the issues of competences and legal basis. After examining various different areas of competence and the most feasible (and probable) candidates for a legal basis supporting an EU legal framework for eID, the paper argues that the latter should be found in the combination of Article 16 TFEU (concerning the right to the protection of personal data) with Article 3 TUE, and Articles 26 and 114 TFEU (concerning the establishment and functioning of the Internal Market), which also constitute the area of competence where an eID legal initiative can be pursued.     

Legal Statements and Normative Language

Can there be a non-reductivist, source-based explanation of the use of normative language in statements describing the law and legal situations? This problem was formulated by Joseph Raz, who also claimed to have solved it. According to his well-known doctrine of ‘detached’ statements, normative legal statements can be informatively made by speakers who merely adopt, without necessarily sharing, the point of view of someone who accepts that legal norms are justified and ought to be followed. In this paper I defend two theses. I argue, first, that the notion of a detached statement cannot be made to work, and that Raz’s problem is thus not thereby solved. But the problem itself, I also suggest, is a false one.     

Mutation rates at 14 STR loci in the population from Pernambuco, Northeast Brazil

Definition about mutation rates of short tandem repeats (STRs) loci used in forensic analysis are useful for the correct interpretation of resulting genetic profiles and the definition of criterions for exclusion in paternity testing. Germline mutation of 14 STR loci was studied for 54,105 parent–child allelic transfers from 2575 paternity testing cases carried out during 2000–2007 from the Pernambuco State, Northeast Brazil. The parenthood in each of these cases was highly validated (probability > 99.99%). We identified 43 mutations at 12 loci. Locus-specific mutation rate estimates varied between 2 × 10⁻⁴ and 2 × 10⁻³, and the overall mutation rate estimate was 8 × 10⁻⁴. Mutation events in the male germline were more frequent than in the female germline. The majority of the mutations could be explained by losses or gains of one repeat unit and there was no evidence for selection between insertion or deletion changes. Our data were compared with those of Portuguese and North-American populations for CSF1PO, D18S51, D21S11, D7S820, TH01, TPOX and demonstrated, despite the great difference in the size of the sample, that mutation rates of STR loci in a mixed population do not differ from that encountered in different populations.