Law Commons^™

The Knowledge Problem Of New Paternalism, Mario J. Rizzo, Douglas Glen Whitman

BYU Law Review

No abstract provided.

A Few Drops Of Oil Will Not Be Enough, Stephen James

Human Rights & Human Welfare

Nicholas Kristof and Sheryl WuDunn provide a rich description of the various kinds of violence, deprivation, depredation and exploitation that women experience on a vast scale in the developing world. They write of sex trafficking, acid attacks, “bride burning,” enslavement, spousal beatings, unequal healthcare (something the USA still struggles with), insufficient food, gendered abortions and infant and maternal mortality. They are right to identify the education of women and girls as part of the solution to the widespread “gendercide.” However, their approach focuses too much on the capacity, indeed the virtue or heroism, of individual women. It does not take …

From Outrage To Action, Henry Krisch

Human Rights & Human Welfare

Kristof and WuDunn provide a vivid panoramic view of problems faced by women (primarily in the “developing” world), what has been done and what more could be done to help them achieve dignity and autonomy in their lives, and how vindication of their rights could contribute to the broader social development of their societies. In this they provide us with important insights into how human rights might be effectively proclaimed and successfully implemented. In reviewing their considerable contributions, I shall also suggest some limitations on both their analysis and their policy recommendations.

October Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

The Women's Crusade. By Nicholas D. Kristof and Sheryl WuDunn. The New York Review of Books. August 17, 2009.

State Finance In Times Of Crisis, Brian Galle, Jonathan Klick

All Faculty Scholarship

As recent events illustrate, state finances are pro-cyclical: during recessions, state revenues crash, worsening the effects of economic downturns. This problem is well-known, yet persistent. We argue here that, in light of predictable federalism and political economy dynamics, states will be unable to change this situation on their own. Additionally, we note that many possible federal remedies may result in worse problems, such as creating moral hazard that would induce states to take on excessively risky policy, both fiscal and otherwise. Thus, we argue that policy makers should consider so-called “automatic” stabilizers, such as are found in the federal tax …

Future Generations: A Prioritarian View, Matthew D. Adler

All Faculty Scholarship

Should we remain neutral between our interests and those of future generations? Or are we ethically permitted or even required to depart from neutrality and engage in some measure of intergenerational discounting? This Article addresses the problem of intergenerational discounting by drawing on two different intellectual traditions: the social welfare function (“SWF”) tradition in welfare economics, and scholarship on “prioritarianism” in moral philosophy. Unlike utilitarians, prioritarians are sensitive to the distribution of well-being. They give greater weight to well-being changes affecting worse-off individuals. Prioritarianism can be captured, formally, through an SWF which sums a concave transformation of individual utility, rather …

Unaffordable “Affordable” Housing: Challenging The U.S. Department Of Housing And Urban Development Area Median Income, Michael E. Stone

Center for Social Policy Publications

There is no such thing as “affordable” housing. Affordability is not a characteristic of housing: It is a relationship between housing and people. For some people, all housing is affordable, no matter how expensive. For others, no housing is affordable, no matter how cheap.

Taxing Under The Influence? : Corruption And U.S. State Beer Taxes, Per G. Fredriksson, Stephan Gohmann, Khawaja Mamun

WCBT Faculty Publications

This article examines the effect of state level corruption on state beer taxes in the United States. Our lobby group model predicts that corruption reduces the beer tax, but this effect is conditional on the level of alcohol-related vehicle deaths. Using a panel of state level data from 1982 to 2001, we find that increased corruption is associated with lower state beer tax rates. The magnitude of the effect, however, declines with increases in alcohol-related traffic deaths. Our findings suggest that future empirical work estimating the effect of alcohol taxes on alcohol-related traffic fatalities should treat alcohol taxes as endogenous.

The U.S. Economic Crisis: Another "Lost Decade"?, Paula Chungsathaporn

Honors College Theses

America is experiencing the worst economic downturn since the Great Depression originating with problems from mortgage backed securities and seeping into every major sector in the economy. We have witnessed the downfall or government takeover of some of the most powerful companies in the country, contributing to the highest unemployment rate America has seen in decades. During the 1990s, Japan experienced what is commonly referred to as “the lost decade,” a period of prolonged stagnant growth. Many similarities can be drawn between the current U.S. crisis and the Japanese crisis of the late 90s. The macroeconomic conditions that caused the …

Bankruptcy Or Bailouts?, Kenneth M. Ayotte, David A. Skeel Jr.

All Faculty Scholarship

The usual reaction if one mentions bankruptcy as a mechanism for addressing a financial institution’s default is incredulity. Those who favor the rescue of troubled financial institutions, and even those who prefer that their assets be promptly sold to a healthier institution, treat bankruptcy as anathema. Everyone seems to agree that nothing good can come from bankruptcy. Indeed, the Chapter 11 filing by Lehman Brothers has been singled out by many the primary cause of the severe economic and financial contraction that followed, and proof that bankruptcy is disorderly and ineffective. As a result, ad-hoc rescue lending to avoid bankruptcy …

Reconceptualizing Trespass, Gideon Parchomovsky, Alex Stein

All Faculty Scholarship

This Essay addresses an anomaly in trespass law. Trespass law is generally understood as the paradigmatic example of property-rule protection: an owner can obtain an injunction against the trespasser and have him removed from her land. The property-rule protection enjoyed by the owner protects her right to exclude others and to set the price for the use of her property. However, the property-rule protection only exists ex ante: it avails only against imminent or ongoing trespasses. Ex post, after a trespass ends, the owner can only recover compensation measured by the market value of the unauthorized use, i.e., the going …

Considering The International Monetary Fund And World Bank: Lending Effectiveness In Sub-Saharan Africa, Daniela A. Wohlwend

Human Rights & Human Welfare

Sub-Saharan Africa is a place of unequivocal beauty, diversity and history; it is also the most impoverished and neglected area on the planet. With an objective look at what has gone wrong in the past five decades of International Monetary Fund and World Bank lending, along with strategic assessment and planning, sub-Saharan Africa does not have to remain the home to unimpeded, rampant poverty.

Youth Migration And Poverty In Sub-Saharan Africa: Empowering The Rural Youth, Charlotte Min-Harris

Human Rights & Human Welfare

Sangaré, a poor young farmer from a village in southern Mali, leaves his wife and three children to find stable employment in the capital city of Bamako. What he finds is an unrewarding reality that leads him from small job to small job, only earning about US 22 cents per day. These jobs range from selling sunglasses, to shining shoes, to driving a rickshaw. Unfortunately, his income has not proved enough to provide for his family, as his aunt has since adopted his daughter, and his children cannot attend school. The inability to find stable employment in Bamako has forced …

Economic Incentives Preempt Independence Movements: A Case Study Of The Xinjiang Uyghur Autonomous Region In China, Iman Jafarynejad

Human Rights & Human Welfare

Self-determination and freedom from foreign territorial acquisition and annexation still are core issues in the international arena and a source of human rights struggles. Through the consolidation of economies in the twenty-first century, there has, however, been a shift in the importance of these issues and in the meaning of “occupied” territories. This paper challenges the idea that the status quo of self-determination is the most important element of the human rights agenda of the indigenous Uyghur community in the Xinjiang Uyghur Autonomous Region of Western China.

Political Oppression In Sub-Saharan Africa, Alayna Hamilton

Human Rights & Human Welfare

Relative to social and economic rights, there is little discourse on the issue of political rights in sub-Saharan Africa (SSA). This fact is attributable to the pressing problems of lack of access to food and healthcare that plague millions of people in the region. However, without the observance of political (and civil) rights, economic development, wealth redistribution, and basic social order may be compromised. Contrary to arguments that insist that economic growth and social stability often require the limitation of political rights, political rights are a necessary requisite for promoting civilian support of governmental policies. Without political rights, equitable policies …

Bonds, Stocks Or Dollars? Do Voters Care About Capital Markets In Brazil And Mexico, Anthony Petros Spanakos, Lucio Remuzat Renno Junior

Department of Political Science and Law Faculty Scholarship and Creative Works

How does vote intention in presidential elections vary according to the economic conditions of a country, especially indicators of the financial market? Does the state of the economy, both its fundamentals as well as capital market, affect variation in candidates’ percentage of vote intention in national polls? This paper tests how economic indicators influence vote intention in presidential elections in two emerging markets: Brazil and Mexico. The presidential elections of 1994, 1998, 2002, and 2006 in Brazil and 2000 and 2006 in Mexico are analyzed using all poll returns for each electoral period and corresponding economic data. The paper finds …

Lanse Minkler On Human Rights And Structural Adjustment By Rodwan Abouharb & David Cingranelli. Cambridge: Cambridge University Press, 2007. 276pp., Lanse Minkler

Human Rights & Human Welfare

A review of:

Human Rights and Structural Adjustment by Rodwan Abouharb & David Cingranelli. Cambridge: Cambridge University Press, 2007. 276pp.

Tibet Under Chinese Rule, Dina Buck

Human Rights & Human Welfare

The struggle between Tibet and China has been a long and intractable one. How China chooses to deal with Tibet, commonly referred to as the “Tibet Question,” is a point of controversy both within China and for the international community at large. The two main points of concern are Tibet’s quest for self-determination and Tibetan quality of life under Chinese rule. While Tibet’s struggle for self-determination can be linked with the questionable treatment Tibetans face under the Chinese government (hereafter referred to as Beijing), the two issues are not exactly the same.

Chinese Women And Economic Human Rights, Lisa Fry

Human Rights & Human Welfare

Women’s human rights in China have an intriguing history and a challenging present. In ancient China, Confucianism espoused the virtues of silent women who stayed at home. During the Maoist period, on the other hand, gender equality was prioritized by the state, and women were equally appointed to leadership positions and agricultural collectives with men. After Mao’s death, the country transitioned to a social market economic system that resulted in a loss of state support for gender equity. Today, the rights of women in China are not clearly defined, protected, or promoted. China’s patriarchal traditions have reasserted themselves, obstructing women’s …

African Aid And Success: Four Keys, Susan Paganelli

Human Rights & Human Welfare

Aid to Sub-Saharan Africa (SSA) has occasional success stories, but they are intermingled amongst tales of waste and failure. The stark reality is that more of the population of SSA is chronically undernourished in the present decade than it was in 1992 and 50 percent of the population is still considered to be living in extreme poverty. These problems persist in spite of the $650 billion given in aid to Africa by the world’s concerned countries since 1960 (Sunderberg and Gelp 2006). It is clear that money and good intent are not sufficient to alleviate the suffering in Africa.

The Continuing Struggle For Agrarian Reform In Brazil, Sarah Mogab

Human Rights & Human Welfare

Brazil is infamous for its enormously skewed distribution of income, wealth, and land. In a country where 4 percent of landowners own 79 percent of the land, an ongoing movement for land reform continues to be a source of conflict and violence in the countryside (Kay 2001: 755). Extreme poverty is highly concentrated in rural areas. Although rural workers comprise only 18 percent of the total population (Filho 2007), it is estimated that as many as 6 million families are in need of land (Thomas: 9). This struggle for land, in Brazil and elsewhere, is framed by its supporters as …

Violated: Women’S Human Rights In Sub-Saharan Africa, Kathryn Birdwell Wester

Human Rights & Human Welfare

In contemporary sub-Saharan Africa (SSA), women are facing human rights abuses unparalleled elsewhere in the world. Despite the region’s diversity, its female inhabitants largely share experiences of sexual discrimination and abuse, intimate violence, political marginalization, and economic deprivation.

Passive Discrimination: When Does It Make Sense To Pay Too Little?, Jonah B. Gelbach, Jonathan Klick, Lesley Wexler

All Faculty Scholarship

Economists have long recognized employers’ ability to construct benefits packages to induce workers to sort themselves into and out of jobs. For instance, to encourage applications from individuals with a highly valued but largely unobservable characteristic, such as patience, employers might offer benefits that patient individuals are likely to value more than other individuals. By offering a compensation package with highly valued benefits but a relatively low wage, employers will attract workers with the favored characteristic and discourage other individuals from applying for or accepting the job. While economic theory generally views this kind of self-selection in value neutral terms, …

Federalism, Variation, And State Regulation Of Franchise Termination, Jonathan Klick, Bruce Kobayashi, Larry Ribstein

All Faculty Scholarship

This article discusses and expands on our recent work examining the effects of franchise-termination laws. In a prior article, we examined empirically the effect of franchise-termination laws on the level of franchise activity. Our analysis improved upon the prior literature in two major ways. First, our work exploited two new sources of panel data to provide new empirical evidence on the effect of franchise termination laws. Second, our analysis examined variation in states’ restrictions on the ability of franchisors and franchisees to contract around a particular state’s regulation. We found that the effects of termination laws on the overall level …

Bankruptcy Boundary Games, David A. Skeel Jr.

All Faculty Scholarship

For the past several decades, Congress has steadily expanded the exclusion of securities market operations from core bankruptcy protections. This Article focuses on three of the most important of these issues: the exclusion of brokerage firms from Chapter 11; the protection of settlement payments from avoidance as preferences or fraudulent conveyances; and the exemption of derivatives from the automatic stay and other basic bankruptcy provisions. In Parts I, II and III of the Article, I consider each of the issues in turn, showing that each has had serious unintended consequences. Both Drexel Burnham and Lehman Brothers evaded the brokerage exclusion, …

Unentrapped, William W. Bratton

All Faculty Scholarship

No abstract provided.

The Legal Origins Theory In Crisis, Lisa Fairfax

All Faculty Scholarship

The Legal Origins Theory purports to predict how countries respond to economic and social problems. Specifically, the legal origins of the United States should strongly influence the manner it approaches economic problems and its approach should be distinct from the response of civil law countries. If the theory is accurate, America's legal tradition should have a profound impact on its response to the crisis. This Article seeks to test the boundaries of the theory by assessing whether it could have predicted the manner the U.S. responded to the current economic crisis. After analyzing the U.S. response to the crisis, this …

United States Competition Policy In Crisis: 1890-1955, Herbert J. Hovenkamp

All Faculty Scholarship

The development of marginalist, or neoclassical, economics led to a fifty-year long crisis in competition theory. Given an industrial structure with sufficient fixed costs, competition always became "ruinous," forcing firms to cut prices to marginal cost without sufficient revenue remaining to pay off investment. Early neoclassicists such as Alfred Marshall were not able to solve this problem, and as a result many economists were hostile toward the antitrust laws in the early decades of the twentieth century. The ruinous competition debate came to an abrupt end in the early 1930's, when Joan Robinson and particularly Edward Chamberlin developed models that …

The Effects Of Tort Reform On Medical Malpractice Insurers’ Ultimate Losses, Patricia Born, W. Kip Viscusi, Tom Baker

All Faculty Scholarship

Whereas the literature evaluating the effect of tort reforms has focused on reported incurred losses, this paper examines the long run effects using a comprehensive sample by state of individual firms writing medical malpractice insurance from 1984-2003. The long run effects of reforms are greater than insurers' expected effects, as five year developed losses and ten year developed losses are below the initially reported incurred losses for those years following reform measures. The quantile regressions show the greatest effects of joint and several liability limits, noneconomic damages caps, and punitive damages reforms for the firms that are at the high …