Abstract While the need for new and innovative international coursework in North America has been recognized, developments in North
American Universities have been few. Building on Mathias Reimann’s (Penn State International Law Review [...]
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Abstract Agent-relative restrictions prohibit minimizing violations: that is, they require us not to minimize the total number of their
violations by violating them ourselves. Frances Kamm has explained this prohibition in terms of the moral worth of persons, which, in turn, she explains in terms of persons’ high moral status as inviolable beings. I press the following criticism of this account: even if minimizing violations are permissible, we need not have a lower moral status provided other determinants thereof boost it. Thus, Kamm’s account is incomplete at best. And when, to address this incompleteness, it is insisted that our moral worth derives from specific moral statuses, the inviolability account comes to seem deficient because it begs the question against those who are not initially persuaded that minimizing violations are impermissible.
Abstract This paper examines the compensation systems for industrial accidents in Belgium, Germany and Great Britain, thereby taking
into account some recent empirical data on industrial accident rates and (although hardly available) amounts of compensation paid out to employee victims. The key question of this paper, derived from past research in law and economics, is whether these particular compensation systems include elements that may contribute to the prevention of industrial accidents. While the three countries examined here all have at least some incentive-based elements, notably in the way those systems are financed, there appears to be room for improvement both in Belgium and Great Britain. The German case study leads to the proposition that giving an organisation the responsibility for both compensation and prevention may have a beneficial effect on the accident rate.
Abstract Police officers on the ground, as well as their senior officers, generally accept the view that arresting prostitutes and
their clients is simply not as important as arresting many other types of ‘offenders’. Police officer preferences and priorities will differ such that the discretion applied to the enforcement of paid sex market related offences varies across locations. Motivated by increasing policymaker interest in considering demand-side policies, a simple model is developed to help analyse how clients will be likely to respond to enforcement level differences across jurisdictions. A range of policy implications that arise are also identified and discussed.
Abstract
The contentious and costly nature of the adversarial process for resolving child custody disputes has prompted scholars, practitioners,
and policy makers to advocate for the development and implementation of less divisive forms of dispute resolution, notably, mediation. Mediation has been championed for its potential to resolve disputes with less acrimony among disputants, reduced economic costs, increased satisfaction with outcomes, and fewer adverse consequences for family members. Despite the increasing popularity, arguments have cautioned against the use of mandated mediation when intimate partner abuse (IPA) is alleged. This research documents a mediation screening process and models mediators’ decision-making process as instantiated, naturally, in one jurisdiction.
Abstract The literature considers that the ignorance of activity levels by the courts is a major source of inefficiency to minimize
the social costs of accidents. In this paper, we show that the inefficiency of the negligence rule based on a standard of care (and correlatively ignoring the activity level) is not established if certain dimensions of care are not verifiable. In other words, if care and activity levels are the only relevant variables of the injurer’s set of actions to reduce the risk of accident, it is true that inefficiency arises when the court ignores one element of this set. But, considering that some dimensions of care are in practice not verifiable, it can be efficient for the judge not to take into account the activity level of the defendant. We propose a simple model with three variables: observable and unobservable precautionary measures and activity level.
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