Examining the Role of Courts in Canada\u27s Policy-Making Process

This piece explores the apparent disjuncture between the prescribed duties of both the judicial and legislative branches of the Canadian government, and the genuine means by which such duties are attended to regardless of codified jurisdiction. Namely, this piece conducts a dual analysis - including both normative and descriptive components - in order to consider whether or not the Supreme Court of Canada has unduly encroached upon both the Provincial Legislature\u27s and the Federal Parliament\u27s duty to formulate legislation through their exercising of judicial review. In assessing the judiciary\u27s role in policy-making, abstract considerations - such as the inherently undemocratic nature of the judiciary - are examined alongside more practical items, such as the courts\u27 veritable ability to craft sound policy in the first place. Ultimately, this piece concludes that the adoption of a conventional coordinate model would serve best as both a means through which to make sound policy in both a normative and descriptive sense

Economic evaluations of non-communicable disease interventions

Background Demographic projections suggest a major increase in non-communicable disease (NCD) mortality over the next two decades in developing countries. In a climate of scarce resources, policy-makers need to know which interventions represent value for money. The prohibitive cost of performing multiple economic evaluations has generated interest in transferring the results of studies from one setting to another. This paper aims to bridge the gap in the current literature by critically evaluating the available published data on economic evaluations of NCD interventions in developing countries. Methods We identified and reviewed the methodological quality of 32 economic evaluations of NCD interventions in developing countries. Developing countries were defined according to the World Bank classification for low- and lower middle-income countries. We defined NCDs as the 12 categories listed in the 1993 World Bank report Investing in Health. English language literature was searched for the period January 1984 and January 2003 inclusive in Medline, Science Citation Index, HealthStar, NHS Economic Evaluation Database and Embase using medical subheading terms and free text searches. We then assessed the quality of studies according to a set of pre-defined technical criteria. Results We found that the quality of studies was poor and resource allocation decisions made by local and global policy-makers on the basis of this evidence could be misleading. Furthermore we have identified some clear gaps in the literature, particularly around injuries and strategies for tackling the consequences of the emerging tobacco epidemic. Conclusion In the face of poor evidence the role of so-called generalised cost-effectiveness analyses has an important role to play in aiding public health decision-making at the global level. Further research is needed to investigates the causes of variation among cost, effects and cost-effectiveness data within and between settings. Such analyses still need to take a broad view, present data in a transparent manner and take account of local constraints

Flow Fragmentalism

In this paper, we articulate a version of non-standard A-theory – which we call Flow Fragmentalism – in relation to its take on the issue of supervenience of truth on being. According to the Truth Supervenes on Being (TSB) Principle, the truth of past- and future-tensed propositions supervenes, respectively, on past and future facts. Since the standard presentist denies the existence of past and future entities and facts concerning them that do not obtain in the present, she seems to lack the resources to accept both past and future-tensed truths and the TSB Principle. Contrariwise, positions in philosophy of time that accept an eternalist ontology (e.g., B-theory, moving spotlight, and Fine’s and Lipman’s versions of fragmentalism) allow for a “direct” supervenience base for past- and future-tensed truths. We argue that Flow Fragmentalism constitutes a middle ground, which retains most of the advantages of both views, and allows us to articulate a novel account of the passage of time

"Government Intervention to Prevent Bankruptcy: The Effect of Blind-Bidding Laws on Movie Theaters"

In the 1970s motion picture studios used blind bidding and non-refundable guarantees to reduce the risks of producing large budget films. However, theater owners claimed that blind bidding and guarantees shifted the risk to them and increased the likelihood of bankruptcy. In response to lobbying by theater owners, twenty-four states passed laws banning blind bidding between 1978 and 1984, while seven states also banned non-refundable guarantees. We find that the laws were not only ineffective in keeping theater owners from exiting the market; they may have been detrimental to theater owners converting to multiplexes at that time.bankruptcy, blind bidding, vertical contractual relationships, government intervention.

"Government Intervention to Prevent Bankruptcy: the Effect of Blind-Bidding Laws on Movie Theaters"

In the 1970s motion picture studios increased their use of blind bidding and non-refundable guarantees in an attempt to reduce the risks associated with producing a small number of large budget films. However, theater owners claimed that blind bidding and guarantees shifted risk to them and increased the likelihood of bankruptcy, since they were required to bid for the right to exhibit a movie without seeing it first. In response to the lobbying of theater owners, twenty-four states passed laws between 1978 and 1984 that banned blind bidding, while seven states also banned non-refundable guarantees. This paper provides the first empirical analysis of the conflicting claims made by theater owners and movie studios about the impact of these laws on the survival rates of independent theaters, admission prices, and delays in the release of movies. We find that the laws were not only ineffective in keeping theater owners at risk of bankruptcy from exiting the market; they may have been even detrimental to those theater owners converting theaters to multiplexes at that time.blind-bidding, motion picture industry, vertical restriction, state intervention

Merit Motives and Government Intervention: Public Finance in Reverse

A common view in public finance is that there is an efficiency-redistribution tradeoff in which distortions are tolerated in order to redistribute income. However, the fact that so much public- and private redistributive activity involves in-kind transfers rather than cash may be indicative of merit motives on the part of the payers rather than a preference for the well-being of the recipients. Efficiency-enhancing public policy in a merit good economy has the primary purpose of creating distortions and may only redistribute income from rich to poor in order to create those distortions the reverse of the conventional efficiency-redistribution tradeoff. We discuss why the largest programs on the federal and local level in the US including Social Security, Medicare and Medicaid, and Public Schooling seem consistent with the reverse tradeoff rather than the classic one. Transfers are not lump sum in a merit good economy, and explicitly accounting for this when calculating tax incidence reduces the estimated progressivity of government policy. As one example, we calibrate the conventional life-cycle model to show how the amount of over-saving induced on the poor by Social Security hurts them at least as much as the progressive' benefits help them. When the distortions outweigh fiscal transfers in this manner, the classic efficiency-redistribution tradeoff cannot justify the program and the program is far less progressive than conventional analysis suggests.

Privacy In The Smart Grid: An Information Flow Analysis

Project Final Report prepared for CIEE and California Energy Commissio