Deterrence through Word of Mouth

The deterrent effect of law enforcement rests on the link between the actual and the perceived detection risk. We study the role of word of mouth for this linkage. Our approach makes use of micro data on compliance with TV license fees allowing us to distinguish between households who have been subject to enforcement and those who have not. Exploiting local variation in field inspectors’ efforts induced by snowfall, we find a striking response of households to increased enforcement in their vicinity, with compliance rising significantly among those who had no interaction with inspectors. As we can exclude other channels of information transmission, our finding establishes a substantial deterrent effect mediated by word of mouth.deterrence, law enforcement, word of mouth

Enforcement in Dynamic Spectrum Access Systems

The spectrum access rights granted by the Federal government to spectrum users come with the expectation of protection from harmful interference. As a consequence of the growth of wireless demand and services of all types, technical progress enabling smart agile radio networks, and on-going spectrum management reform, there is both a need and opportunity to use and share spectrum more intensively and dynamically. A key element of any framework for managing harmful interference is the mechanism for enforcement of those rights. Since the rights to use spectrum and to protection from harmful interference vary by band (licensed/unlicensed, legacy/newly reformed) and type of use/users (primary/secondary, overlay/underlay), it is reasonable to expect that the enforcement mechanisms may need to vary as well.\ud \ud In this paper, we present a taxonomy for evaluating alternative mechanisms for enforcing interference protection for spectrum usage rights, with special attention to the potential changes that may be expected from wider deployment of Dynamic Spectrum Access (DSA) systems. Our exploration of how the design of the enforcement regime interacts with and influences the incentives of radio operators under different rights regimes and market scenarios is intended to assist in refining thinking about appropriate access rights regimes and how best to incentivize investment and growth in more efficient and valuable uses of the radio frequency spectrum

The Fault Is Not in Our Stars: Avoiding an Arms Race in Outer Space

The world is on the precipice of a new arms race in outer space, as China, Russia, the United States, and others undertake dramatic new initiatives in anti-satellite weaponry. These accelerated competitive efforts at space control are highly destabilizing because developed societies have come to depend so heavily upon satellite services to support the entire civilian economy and the modern military apparatus; any significant threat or disruption in the availability of space assets would be massively, and possibly permanently, disruptive. International law regarding outer space developed with remarkable rapidity in the early years of the Space Age, but the process of formulating additional treaties and norms for space has broken down over the past several decades; no additional legal instruments have emerged that could cope with today’s rising threats. This Article therefore proposes three initiatives. Although none of them can suffice to solve the emerging problems, they could, perhaps, provide additional diplomacy, reinvigorating the prospects for rapprochement in space. Importantly, each of these three ideas has deep roots in other sectors of arms control, where they have served both to restore a measure of stability and to catalyze even more ambitious agreements in the longer term. The first proposal is for a declaratory regime of “no first use” of specified space weapons; this would do little to directly alter states’ capabilities for space warfare, but could serve as a “confidence-building measure,” to temper their most provocative rhetoric and practices. The second concept is a “limited test ban,” to interdict the most dangerous debris-creating developmental tests of new space weapons. Third is a suggestion for shared “space situational awareness,” which would create an international apparatus enabling all participants to enjoy the benefits of greater transparency, reducing the possibilities for secret malign or negligent behavior. In each instance, the Article describes the proposal and its variations, assesses its possible contributions to space security, and displays the key precedents from other arms-control successes. The Article concludes by calling for additional, further-reaching space diplomacy, in the hope that these relatively modest initial measures could provoke more robust subsequent negotiations

Deterrence and Morale in Taxation: An Empirical Analysis

The standard model of tax evasion based on the subjective expected utility maximization does not perform particularly well in econometric analyses: it predicts too little evasion and produces unsatisfactory econometric parameter estimates. The model is extended by looking at how the tax authority deals with the taxpayers. Based on econometric estimates, it is shown that taxpayers’ tax morale is raised when the tax officials treat them with respect. In contrast, when tax officials solely rely on deterrence taxpayers tend to respond by actively trying to avoid taxation.

Medical errors: Mandatory reporting, voluntary reporting, or both?

This work evaluates policy recommendations on medical error reporting systems presented in, To err is human, a report published by the Institute of Medicine. Here mandatory reporting should be applied for adverse events, while voluntary reporting is recommended for near misses. This analysis shows that an error reporting scheme of this type is not an optimal one since both near misses and adverse events may remain unreported. This work makes evident that penalising health care decision makers for not reporting errors, independent of error category, is crucial for reaching the first-best solution.Microeconomic theory; agency; iatrogenic injury

Complexity Theory, Adaptation, and Administrative Law

Recently, commentators have applied insights from complexity theory to legal analysis generally and to administrative law in particular. This Article focuses on one of the central problems that complexity. theory addresses, the importance and mechanisms of adaptation within complex systems. In Part I, the Article uses three features of complex adaptive systems-emergence from self-assembly, nonlinearity, and sensitivity to initial conditions-and explores the extent to which they may add value as a matter of positive analysis to the understanding of change within legal systems. In Part H, the Article focuses on three normative claims in public law scholarship that depend explicitly or implicitly on notions of adaptation: that states offer advantages over the federal government because experimentation can make them more adaptive, that federal agencies should themselves become more experimentalist using the tool of adaptive management, and that administrative agencies shou Id adopt collaborative mechanisms in policymaking. Using two analytic tools found in the complexity literature, the genetic algorithm and evolutionary game theory, the Article tests the extent to which these three normative claims are borne out

Inexpressive Law

According to expressive law theories, expression of values is an important function played by the law. Expressive laws affect behavior, not by threatening sanctions or promising rewards, but by changing individual preferences and tastes and, in some cases, by affecting social norms and values. New laws, however, can run against sticky social norms, failing to achieve their expressive effects. By developing a dynamic model, in this paper we show that inexpressive laws (laws whose expressive function is undermined by sticky norms) can not only be ineffective but can push the values of society away from those expressed by the law. We study the effects of legal intervention on the values shared by members of society, considering the feedback effects between laws and social norms. Just like expressive laws can foster consensus in heterogeneous groups, inexpressive laws can create a social divide, even in previously homogeneous societies.Social Norms, Countervailing Effect, Expressive Law, Civil Disobedience

Fisheries and Coastal Resources Co-management in Asia: Selected Results from a Regional Research Project

Coastal fisheries, Fishery management, Resource management

Reform of the EU Sugar Regime: Impacts on Sugar Production in Ireland

The EU Common Market Organisation has remained largely unchanged since its inception nearly 40 years ago. Reform has become inevitable due to changes to other sectors in the Common Agriculture Policy and pressure arising from international commitments. The current system provides sufficient support for all Member States to produce sugar, regardless of their efficiency. The proposed reform will therefore affect the least efficient producing regions most strongly. This paper examines the case of Ireland in light of the competitive position of its sugar sector in the EU context. Calculation of the likely impact on sugar beet gross margins and farm income suggest that many producers will want to exit sugar beet production. In light of this, the implications and possible strategies for growers and Irish Sugar are discussed.EU sugar policy, Irish agriculture, farm income