SelectedWorks @ Chapman University Dale E. Fowler School of Law
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Judicial Decision Making About Forensic Mental Health Evidence
No full textJudges play a central role in decision making in the justice system. This chapter reviews the extant empirical research on judicial decision making in criminal, juvenile, and civil cases. We discuss judges’ decision making about forensic mental health evidence introduced in these cases, judicial receptivity to various kinds of evidence, and their understanding of clinical and scientific evidence as well as the ways they make rulings about such evidence. We focus on decision making at the trial court level, in those arenas that are most relevant to the forensic mental health practitioner (psychiatrist, psychologist, or social worker) who is called on to provide testimony to the courts
Trade, Energy, and Climate Change Policies of BASIC Nations: One Step Closer to an Economic Interest-Based International Law?
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Radio Spectrum and the Disruptive Clarity of Ronald Coase
No full textIn the Federal Communications Commission, Ronald Coase exposed deep foundations via normative argument buttressed by astute historical observation. The government controlled scarce frequencies, issuing sharply limited use rights. Spillovers were said to be otherwise endemic. Coase saw that Government limited conflicts by restricting uses; property owners perform an analogous function via the “price system.” The government solution was inefficient unless the net benefits of the alternative property regime were lower. Coase augured that the price system would outperform. His spectrum auction proposal was mocked by communications policy experts, opposed by industry interests, and ridiculed by policy makers. Hence, it took until July 25, 1994 for FCC license sales to commence. Today, some 73 U.S. auctions have been held, 27,484 licenses sold, and 17 billion in U.S. welfare losses have been averted. Not bad for the first 50 years of this, or any, Article appearing in Volume II of the Journal of Law & Economics
A Viable Sweatshop Free Model? The ILO\u27s Better Factories Program and Labor Rights in Cambodia\u27s Garment Industry
No full textThe International Labour Organization\u27s (ILO\u27 s) innovative program, Better Factories Cambodia ( Better Factories ), represents one of the more important attempts made by the international community to promote labor rights in a developing nation. The lessons Better Factories offers are significant for all stakeholders in the global labor market and suggest at least the outline of a practical blueprint for the future promotion of international labor standards globally. While the ILO\u27s program in Cambodia has achieved notable success in reaching specific criteria, future ILO efforts elsewhere must be adjusted to reflect lessons learned in the Better Factories model. Specifically, future programs will need active, ILO participation and management, and an understanding that supervisory responsibilities cannot quickly revert to local control in many countries. Additionally, future programs intended to promote broad international labor standards must recognize the limitations of a program relying almost entirely on factory monitoring. While Better Factories has been successful in addressing specific factory-floor violations of the domestic labor code – such as working conditions and overtime requirements – it has largely failed to identify or counter broader political concern, such as the climate of corruption in which independent trade union leaders have been intimidated, brutalized, and murdered. Better Factories has undoubtedly won important battles in its factory-level campaign for labor rights, but the war will be lost if truly independent trade unions are not permitted to flourish and Cambodia follows the Chinese model of government-dependent unionism
Are Computer-Based Tax Planning Patents Safe from Bilski? Justice Sotomayer Indicates Yes, But Will She Be in the Majority?
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An Experimental Analysis of the Demand for Payday Loans
No full textThe payday loan industry is one of the fastest growing segments of the consumer financial services market in the United States. The purpose of our study is to design an environment similar to the one that payday loan customers face. We then conduct a laboratory experiment to examine what effect, if any, the existence of payday loans has on individuals\u27 abilities to manage and to survive financial setbacks. Our primary objective is to examine whether access to payday loans improves or worsens the likelihood of survival in our experiment. We also test the degree to which people\u27s use of payday loans affects their ability to survive financial shocks. We find that payday loans help the subjects to absorb expenditure shocks and, therefore, survive. However, subjects whose demand for payday loans exceeds a certain threshold level are at a greater risk than a corresponding subject in the treatment in which payday loans do not exist