Law and Economics Commons^™

The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga

Joseph Isanga

Africa is the most conflict-ridden region of the world and has been since the end of the Cold War. The Continent's performance in both development and human rights continues to lag behind other regions in the world. Such condi­tions can cause religious differences to escalate into conflict, particularly where religious polarity is susceptible to being exploited. The sheer scale of such con­flicts underscores the urgency and significance of interreligious engagement and dialogue: 'Quantitative and qualitative analysis based on a ... database including 28 violent conflicts show that religion plays a role more frequently than is usually assumed.' This ambivalent character …

Decriminalized Prostitution: Impunity For Violence And Exploitation, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

Special Economic Zones In The United States: From Colonial Charters, To Foreign-Trade Zones, Toward Ussezs, Tom W. Bell

Tom W. Bell

Day 1: Wednesday, 17 August 2005: Biodiversity And Critical Habitat, Charles Bedford, Federico Cheever, Tim Sullivan

Tim Sullivan

6 pages (includes color illustration). Contains references.

The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett

Nicole Stelle Garnett

This Article challenges a foundational assumption about eminent domain - namely, that owners are systematically undercompensated because they receive only fair market value for their property. The Article shows that, in fact, scholars have overstated the undercompensation problem because they have focused on the compensation required by the Constitution, rather than on the actual mechanics of eminent domain. The Article examines three ways that Takers (i.e., non-judicial actors in the eminent domain process) minimize undercompensation. First, Takers may avoid taking high-subjective-value properties. Second, Takers frequently must pay more compensation in the form of relocation assistance. Third, Takers and property owners …

The Dangers Of Diversity: Ethnic Fractionalization And The Rule Of Law, Michael Touchton

Michael Touchton

Research linking ethnic cleavages to economic underdevelopment is a hallmark of recent efforts to explain economic growth. Similarly, the rule of law as a credible commitment to property rights and contract enforcement is also identified with economic development. Rather than treating these factors as rival explanations for economic development around the world, I propose the rule of law as the causal mechanism through which ethnic fractionalization (EF) influences growth in many countries. I argue ethnic diversity negatively impacts the rule of law due to the prevalence of ethnically-based patronage networks in developing countries. Public officials, I argue, face greater incentives …

The Implementation Gap: What Causes Laws To Succeed Or Fail?, David Barnhizer

David Barnhizer

It is important to go behind the “paper systems” many countries and private sector actors have created to manufacture the appearance of commitments to responsible economic activity, environmental protection and social justice. This produces the need to penetrate the veils that mask governments’ “apparent compliance” with the terms of sustainable development, and to be honest about the inability of voluntary codes of practice to shape the behavior of business and government. Implementation requires effective systems to carry out the law and policy mandates. Laws and policies are often poorly designed or deliberately sabotaged in their creation, but in many instances …

The Reality Of Business And Governmental Decision-Making In The Context Of Sustainable Development, David Barnhizer

David Barnhizer

It is absolutely rational for economic actors and decision-makers to seek to operate in their own self-interest. The challenge for anyone who wishes to influence or alter the process lies in knowing where that self-interest lies and changing the nature of the self-interest if that is required or possible. That is a far greater challenge than many understand because regardless of what we might like to do in our personal lives, it is the institution within which we work that dictates how we think and what we value in our service to that institution. Given the short time frame within …

New “Architecture” And Revitalizing The Un Global Compact, David Barnhizer

David Barnhizer

Some advocates of sustainable development possess an almost theological faith in what I refer to as “rhetorical” sustainable development as the path to providing for the sound future of human civilizations and critical ecological systems. Simply put, if we try to think “too big” and “bite off too much” then the system we are trying to control or influence consumes us and our resources and we fail miserably. There is real and predictable danger in grandeur. This means we need to think about achieving sustainability in very specific and concrete terms applied to clear goals and an honest understanding of …

Oportunidades De Desarrollo Productivo De La Población De Afectación Prioritaria En La Operación Estratégica Fontibón – Aeropuerto Eldorado – Engativá, Iván A. Rojas V

Iván Rojas V

The book analyzes the case of Operation Strategic Fontibón - Eldorado Airport - Engativa (OEFAE) and the implications on the urban economy of the city and potential opportunities for productive development for the population affected by the project in 2010 in Bogotá DC. El libro analiza el caso de la Operación Estrategica Fontibón - Aeropuerto ElDorado - Engativa (OEFAE) y las implicaciones sobre la economía urbana de la ciudad y las posibles oportunidades de desarrollo productivo para la población afectada por el proyecto en el 2010 en la ciudad de Bogotá DC.

O Passado E O Futuro Financeiro Dos Estados Unidos Da America: O Experimentalismo Americano Sem O Excepcionalismo Americano, Tamara Lothian

Tamara Lothian

Este trabalho apresenta uma distincao entre a reforma regulatoria financeira e a reconstrucao institucional, e argumenta que os esforcos dos EUA e do outros paises para reformar a regulacao de financas podem e devem servir como um primeiro passo para a reconstrucao institucional. A crise financeira revelou uma serie de problemas que nao podem ser resolvidos atraves da simples regulacao. Tais problemas exigem inovacoes destinadas a reorganizar a relacao das financas com a economia real. Para isso, precisamos de uma pratica de analise juridica e economica atenta as realidades e possibilidades institucionais. Este trabalho exemplifica essa pratica no cenario da …

The Developer’S Decision Calculus: An Agent-Based Model Of Commercial Development, Mirya R. Holman, Travis Coan

Mirya R Holman

While considerable research has been devoted to understanding the impact local regulatory environments on housing development, few studies have examined the implications of land-use regulations for commercial development. The paucity of studies is unfortunate given that commercial development often provides municipalities with considerable economic benefits (e.g., employment) and a crucial source of tax revenue. This study presents a formal model of the commercial development process that explicitly incorporates the dynamic interaction of commercial developers and local cities. Specifically, we construct an agent-based model (ABM) of the commercial development process that represents some key features of the development process. We form …

International Trade In The San Bernardino Region: Transportation, Trends, And Employment, Mirya R. Holman, Travis Coan

Mirya R Holman

International trade presents significant employment, growth, and revenue opportunities for the San Bernardino region, which encompasses San Bernardino County and several cities in Riverside County and is located to the immediate east of Los Angeles County. Proximity to the San Pedro Bay Port complex (which includes the Ports of Los Angeles and Long Beach) and access to a transportation and logistics network expanding out across the U.S., makes the San Bernardino region a prime location for companies participating in international trade activity. The purpose of this report is to quantify trade activity in the region, while also estimating the employment …

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan

Donald J. Kochan

With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …

Publicly Financed Sports Facilities: Are They Economically Justifiable? A Case Study Of The Los Angeles Staples Center, Matthew J. Parlow

Matthew Parlow