Digital Commons Network^™

Costs Of Codification, Dru Stevenson

Dru Stevenson

Between the Civil War and World War II, every state and the federal government shifted toward codified versions of their statutes. Academia has so far ignored the systemic effects of this dramatic change. For example, the consensus view in the academic literature about rules and standards has been that precise rules present higher enactment costs for legislatures than would general standards, while vague standards present higher information costs for courts and citizens than do rules. Systematic codification – featuring hierarchical format and numbering, topical arrangement, and cross-references – inverts this relationship, lowering transaction costs for legislatures and increasing information costs …

Can The Hong Kong Icac Help Reduce Corruption On The Mainland?, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

Hong Kong’s Independent Commission Against Corruption (ICAC) serves as the example par excellence of a successful anti-corruption agency. Yet, the Agency works in one of the more corrupt jurisdictions world-wide (the People’s Republic of China). To what extent can the ICAC – and the Prevention of Bribery Ordinance (POBO) which regulates its work – contribute to reductions in corruption on the Mainland? In this paper, we look at the ways in which the ICAC – technically a Chinese agency (albeit operating in a legally independent jurisdiction) – can help to reduce and prevent corruption on the Mainland. We find that …

Reassessing Corporate Personhood In The Wake Of Occupy Wall Street, Nick J. Sciullo

Nick J. Sciullo

This article is about corporate personhood, discussed on the backdrop of class consciousness and criticisms of capital generated, in large part, by the recent and continuing Occupy Movements. I am at first concerned with articulating the evolving jurisprudence of corporate personhood as developed in the Supreme Court of the United States. Combined with this doctrinal approach, I offer a Marxist criticism of corporate personhood jurisprudence that culminates in a discussion of the Occupy Movements' logic of resistance to corporate domination in the United States' law and policy. First, I discuss the role Marxist criticism has played in legal discourse and …

An Economic Analysis Of Judicial Careers, Paolo Polidori, Désirée Teobaldelli, Davide Ticchi

Davide Ticchi

The aim of this paper is to analyze from an economic perspective the effects of the judicial careers arrangement on the trials’ outcome. The institutional organization of judicial careers follows two distinct ideal systems. One is characterized by the fact that public prosecutor and judge belong to the same professional body, as magistrates, while the other one is characterized by the separation of the judiciary from prosecutors. We model this feature of the judicial system as a continuum variable and explain why this choice can be appropriate. We obtain that a more unified system of judicial careers leads to fewer …

Does Mandatory Diversion To Drug Treatment Eliminate Racial Disparities In The Incarceration Of Drug Offenders? An Examination Of California's Prop 36, Nancy Nicosia, John Macdonald, Rosalie Pacula

Rosalie Liccardo Pacula

No abstract provided.

John Donohue, When Social Sciences Save Lives, John J. Donohue

John Donohue

If you think academic work can’t be “emotionally draining”, meet John Donohue, the C. Wendell and Edith M. Carlsmith Professor of Law at Stanford Law School, who’s teaching law and economics at Bocconi as a short-term visiting professor. In the last six years his academic interests led him to the death rows of Connecticut prisons and his work is the main piece of evidence in a trial which will decide the fate of five inmates sentenced to death and perhaps of six more.

Financial Forecasts For The Next Decade, Ronald G. Ehrenberg

Ronald G. Ehrenberg

[Excerpt] Harold Hovey pointed out that the outlook for state funding of public higher education institutions during the first decade of the 21st century might not be as rosy as it has been during the last five years. The pictures I have painted of the financial futures for American public and private higher education echo his concerns. If sustained economic growth continues, academic institutions' financial prospects will be somewhat brighter. However, it is clear that the well-being of colleges and universities nationwide depends upon their diversifying their sources of revenues. Through their efforts to do so, the publics will end …

Studying Ourselves: The Academic Labor Market (Presidential Address To The Society Of Labor Economists, Baltimore, May 3, 2002), Ronald G. Ehrenberg

Ronald G. Ehrenberg

[Excerpt] The study of academic labor markets by economists goes back at least to Adam Smith’s suggestion in The Wealth of Nations that a professor’s compensation be tied to the number of students that enrolled in his classes. This article focuses on three academic labor market issues that students at Cornell and I are currently addressing: the declining salaries of faculty employed at public colleges and universities relative to the salaries of their counterparts employed at private higher education institutions, the growing dispersion of average faculty salaries across academic institutions within both the public and private sectors, and the impact …

An Assessment Of The Labor Market, Income, Health, Social, Civic And Fiscal Consequences Of Dropping Out Of High School: Findings For Massachusetts Adults In The 21st Century, Andrew Sum, Ishwar Khatiwada, Joseph Mclaughlin, Paulo Tobar

Ishwar Khatiwada

This report is designed to provide the members of the Group as well as local public policymakers, educators, and the public at large with information on the labor market, income, health, family, criminal justice, and fiscal consequences of dropping out of high school in Boston and the state of Massachusetts as a whole. A wide array of measures of the labor market, income, crime,health, and other outcomes of high school dropouts and other educational groups are used to present our case.

An Assessment Of The Labor Market, Income, Health, Social, Civic And Fiscal Consequences Of Dropping Out Of High School: Findings For Massachusetts Adults In The 21st Century, Andrew Sum, Ishwar Khatiwada, Joseph Mclaughlin, Paulo Tobar

Andrew Sum

This report is designed to provide the members of the Group as well as local public policymakers, educators, and the public at large with information on the labor market, income, health, family, criminal justice, and fiscal consequences of dropping out of high school in Boston and the state of Massachusetts as a whole. A wide array of measures of the labor market, income, crime,health, and other outcomes of high school dropouts and other educational groups are used to present our case.

Lokpal Bill: Lessons From The Karnataka Lokayukta’S Performance, Narayana A., Sudhir Krishnaswamy, Vikas Kumar

Vikas Kumar

The debate on the design of the Lokpal has been premised on the questionable assumption that what is needed to combat corruption is a powerful national institution to prosecute and convict the corrupt, but the debate has not drawn on the experience with the existing institutional models, namely the Lokayuktas in the states. An empirical analysis of the performance of the Lokayukta in Karnataka between 1995 and 2011 suggests that any anti-corruption agency, no matter how powerful, that is oriented towards criminal conviction is bound to fail in the absence of judicial reforms.

Reducing The Drug War's Damage To Government Budgets, David B. Kopel, Trevor Burrus

David B Kopel

This Article examines ways that governments can mitigate the economic damage caused by the drug war. Part I details four specific legal reforms enacted in Colorado, which aim to reduce the problems of over-criminalization: Requiring a fiscal note for the creation of new statutory crimes; reducing drug possession from a felony to a misdemeanor; narrowing the scope of 'three strikes' laws, and; adjusting old sentences in light of new laws.

Part II explores the fiscal benefits of ending prohibition, such as reduced law enforcement costs and substantially increased tax revenues.

Part III analyzes the conflict between congressionally-imposed prohibition, and state …

Design Considerations For Legalizing Marijuana, Jonathan Caulkins, Beau Kilmer, Robert Maccoun, Rosalie Liccardo Pacula, Peter Reuter

Rosalie Liccardo Pacula

No abstract provided.

Law, Media, & Environmental Policy: A Fundamental Linkage In Sustainable Democratic Governance, Zygmunt J.B. Plater

Zygmunt J.B. Plater

The functional linkages between law and media have long been signficant in shaping American democratic governance. Over the past thirty-five years, environmental analysis has similarly become essential to shaping international and domestic governmental policy. Environmentalism—focusing as it does on realistic interconnected accounting of the full potential negative consequences as well as benefits of proposed actions, policies, and programs, over the long term as well as the short term, with careful consideration of all realistic alternatives— provides a legal perspective important for societal sustainability. Because environmental values and norms are often in tension with established industrial interests that resist public interest …

Illicit Financial Flows From The Least Developed Countries: 1990-2008, Dev Kar

Dev Kar

This paper explores the scale and composition of illicit financial flows from the 48 Least Developed Countries (LDCs). Illicit financial flows involve the cross-border transfer of the proceeds of corruption, trade in contraband goods, criminal activities and tax evasion.

In recent years, considerable interest has arisen over the extent to which such flows may have a detrimental impact on development and governance in both developed and developing countries alike. This issue has been recognised by the UN as important for development and achievement of the Millennium Development Goals (MDGs). Illicit capital flight, where it occurs, is a major hindrance to …

Testimony In Support Of Connecticut Senate Bill 1035 And House Bill 6425, Abolishing The Death Penalty (2011), John J. Donohue

John Donohue

In 1975, Isaac Ehrlich launched the modern econometric evaluation of the impact of the death penalty on the prevalence of murder with a controversial paper that concluded that each execution would lead to eight fewer homicides (Ehrlich 1975). A year later, the Supreme Court cited Ehrlich’s work in issuing an opinion ending the execution moratorium that had started with the 1972 decision in Furman v. Georgia. Today it is widely recognized that Ehrlich's national time-series methodology is too unreliable to be published in any economics journal.

Over the last few years, a number of highly technical papers have purported to …

One For The Road: Public Transportation, Alcohol Consumption, And Intoxicated Driving, Clement (Kirabo) Jackson, Emily G. Owens

C. Kirabo Jackson

We exploit arguably exogenous train schedule changes in Washington DC to investigate the relationship between public transportation provision, the risky decision to consume alcohol, and the criminal decision to engage in alcohol–impaired driving. Using a triple differences strategy, we provide evidence that both DUI arrests and alcohol related fatal traffic accidents fell, while alcohol related arrests increased, as a result of the expanded hours of Metro operation. However, we find that these effects may be due, in part, to individuals shifting their drinking to evenings when the Metro offered late night service from other evenings. Furthermore, we provide strong evidence …

The External Effects Of Black-Male Incarceration On Black Females, Stéphane Mechoulan

Stéphane Mechoulan

This paper examines how the increase in the incarceration of Black men and the sex ratio imbalance it induces shape the behavior of young Black women. Combining data from the Bureau of Justice Statistics and the Current Population Survey to match male incarceration rates with individual observations over two decades, I show that Black male incarceration lowers the odds of Black non-marital teenage fertility while increasing young Black women's school attainment and early employment. These results can account for the sharp bridging of the racial gap over the 1990s for a range of socio-economic outcomes among females.

The Impact Of Right-To-Carry Laws And The Nrc Report: Lessons For The Empirical Evaluation Of Law And Policy, John J. Donohue

John Donohue

For over a decade, there has been a spirited academic debate over the impact on crime of laws that grant citizens the presumptive right to carry concealed handguns in public— so-called right-to-carry (RTC) laws. In 2005, the National Research Council (NRC) offered a critical evaluation of the ‘‘more guns, less crime’’ hypothesis using county-level crime data for the period 1977–2000. Seventeen of the eighteen NRC panel members essentially concluded that the existing research was inadequate to conclude that RTC laws increased or decreased crime. The final member of the panel, though, concluded that the NRC_s panel data regressions supported the …

Ownership, Bank Organization And Retail Lending In A Low Income Area, Paola Bongini, Laura Nieri, Maria Luisa Di Battista, Simone Rossi

Paola Bongini

The focus of this study is on the organizational features of banks operating in the South of Italy, namely major Italian banking groups and local independent banks. In our opinion, in order to evaluate the allocative and operational efficiency of the Southern Italian banking system, the issue to be addressed relates to the potential heterogeneous behavior between banks which are “truly local” – i.e. those banks whose real decisional centres are located in the Southern regions – with respect to those banks operating in the South but which have their decisional centres located in the Centre-North of the country (“outer …

Ownership, Bank Organization And Retail Lending In A Low Income Area, Paola Bongini, Laura Nieri, Maria Luisa Di Battista, Simone Rossi

Paola Bongini

The focus of this study is on the organizational features of banks operating in the South of Italy, namely major Italian banking groups and local independent banks. In our opinion, in order to evaluate the allocative and operational efficiency of the Southern Italian banking system, the issue to be addressed relates to the potential heterogeneous behavior between banks which are “truly local” – i.e. those banks whose real decisional centres are located in the Southern regions – with respect to those banks operating in the South but which have their decisional centres located in the Centre-North of the country (“outer …

Corrupção E Judiciário: A (In)Eficácia Do Sistema Judicial No Combate À Corrupção, Ivo T. Gico Jr., Carlos H. R. De Alencar

Ivo Teixeira Gico Jr.

HÁ UMA PERCEPÇÃO GENERALIZADA NO BRASIL DE QUE FUNCIONÁRIOS PÚBLICOS CORRUPTOS NÃO SÃO PUNIDOS. NÃO OBSTANTE, ATÉ O MOMENTO, NÃO HÁ EVIDÊNCIAS EMPÍRICAS QUE APÓIEM ESSA AFIRMAÇÃO E MUITOS ARGUMENTAM QUE SE TRATA DE UMA PERCEPÇÃO EQUIVOCADA DECORRENTE DO AUMENTO DE MEDIDAS ANTICORRUPÇÃO. UMA DAS PRINCIPAIS RAZÕES PARA ESSA NOTÁVEL AUSÊNCIA É A GRANDE DIFICULDADE DE SE IDENTIFICAR CASOS COMPROVADOS DE CORRUPÇÃO PARA, ENTÃO, SE AVERIGUAR SE ELES FORAM OU NÃO PUNIDOS PELO SISTEMA JUDICIAL. ESTE ARTIGO USA O SISTEMA BRASILEIRO DE RESPONSABILIDADE TRÍPLICE COMO UM EXPERIMENTO NATURAL PARA MEDIR O DESEMPENHO DO SISTEMA JUDICIAL CONTRA CORRUPÇÃO. NOSSOS RESULTADOS MOSTRAM …

Sunday Liquor Laws And Crime, Paul Heaton

Paul Heaton

Many jurisdictions have considered relaxing Sunday alcohol sales restrictions, yet such restrictions' effects on public health remain poorly understood. This paper analyzes the effects of legalization of Sunday packaged liquor sales on crime, focusing on the phased introduction of such sales in Virginia beginning in 2004. Differences-in-differences and triple-differences estimates indicate the liberalization increased minor crime by 5% and alcoholinvolved serious crime by 10%. The law change did not affect domestic crime or induce significant geographic or inter-temporal crime displacement. The costs of this additional crime are comparable to the state's revenues from increased liquor sales.

Barricading The Digital Frontier: Copyright, Technology And The War On Music Piracy, Benjamin Gibert

Benjamin Gibert

The Internet is changing the way vast numbers of people experience culture today. Providing tools to interact with, manipulate and freely redistribute content, technology is dissolving conventional divisions between creators and consumers of cultural artefacts. As new technological and legislative mechanisms are deployed to stop digital piracy, there is a need to reflect on the meaning of copyright, piracy and culture in the context of digital technologies. This paper discusses the relationship between copyright and cultural participation. It refers to the music industry in order to depict the changing patterns of consumption behavior precipitated by the rise of digital networks …

Autonomía Del Ministerio Público Y La Procuración De Justicia En México, Max Garcia

Max Garcia Sanchez

No abstract provided.

Crime Against Informal Businesses In Africa: Natives Vs. Immigrants, Mohammad Amin

Mohammad Amin

The literature on crime seeks to identify groups of agents based on their socio-economic-demographic characteristics that are more likely to be victims of crime than others. The present paper contributes to this literature by focusing on crime against informal businesses in Africa and highlighting how victimization rates vary between businesses owned by natives and immigrants. We find that immigrant-owned businesses are significantly more likely to be targeted by criminals than native-owned businesses. However, much of this difference is due to higher victimization rates for businesses owned by recent immigrants to the city. Businesses owned by immigrants that have spent about …

Economic Crime And Punishment In North Korea, Marcus Noland

Marcus Noland

The penal system has played a central role in the North Korean government’s response to the country’s profound economic and social changes. As the informal market economy has expanded, so have the scope of economic crimes. Two refugee surveys—one conducted in China, one in South Korea—document that the regime disproportionately targets politically suspect groups, particularly those involved in market-oriented economic activities. Levels of violence and deprivation do not appear to differ substantially between the infamous political prison camps, penitentiaries for felons, and labor camps used to incarcerate individuals for a growing number of economic crimes. Such a system may also …

Measuring Crack Cocaine And Its Impact, Roland Fryer, Paul Heaton, Steven Levitt, Kevin Murphy

Paul Heaton

A wide range of social indicators turned sharply negative for Blacks in the late 1980s and began to rebound roughly a decade later. We explore whether the rise and fall of crack cocaine can explain these patterns. Absent a direct measure of crack cocaine’s prevalence, we construct an index based on a range of indirect proxies (cocaine arrests, cocaine-related emergency room visits, cocaine-induced drug deaths, crack mentions in newspapers, and DEA drug busts). The crack index we construct reproduces many of the spatial and temporal patterns described in ethnographic and popular accounts of the crack epidemic. We find that our …

Hidden In Plain Sight: What Cost-Of-Crime Research Can Tell Us About Investing In Police, Paul Heaton

Paul Heaton

Many state and local governments are facing significant fiscal challenges, forcing policymakers to confront difficult trade-offs as they consider how to allocate scarce resources across numerous worthy initiatives. To achieve their policy priorities, it will become increasingly important for policymakers to concentrate resources on programs that can clearly demonstrate that they improve their constituents' quality of life. To identify such programs, cost/benefit analysis can be a powerful tool for objectively adjudicating the merits of particular programs. On the surface, all such programs aim to improve quality of life, but whether they actually achieve — or will achieve — what they …

Spatial Inequality As Constitutional Infirmity: Equal Protection, Child Poverty And Place, Lisa R. Pruitt

Lisa R Pruitt

This is the first in a series of articles that maps legal conceptions of (in)equality onto the socio-geographical concept of spatial inequality, with a view to generating legal remedies for those living in places marked by socioeconomic disadvantage. Written for a symposium on “rural law,” this article considers in particular whether the funding and delivery of government services at the county level in the state of Montana violate the state’s constitution because of the grossly disparate abilities among Montana counties to finance and provide such services. Pruitt’s analysis focuses on children as a particularly vulnerable and immobile population, many of …