Pub Date : 2016-06-24DOI: 10.4337/9781785364334.00008
David Kamin
For the last several years, the congressional budget process has jumped from self-created crisis to self-created crisis. Debt limit, shutdown, sequester, potential withholding of congressional pay, and others beyond that — all of these crises coming in quick succession and requiring Congress to take action to avert a problem. There is a common element to each of these crises. In particular, Congress sets an undesirable event to occur at a later time — hence, prompting the possible crisis. This chapter represents an exploration of these devices, and a modest defense of some of them, despite the recent chaos in Washington. In particular, in legislating crisis, Congress may be addressing some of its other failings. These devices can serve constructive purposes by allowing Congress to not fully specify the way legislation will work in the future given the transaction costs involved in doing so; by allowing Congress to enforce the deals it makes; and, finally, by allowing Congress to better coordinate negotiations and, specifically, set timelines for deal-making. Thus, in some cases, the threat of crisis may be better than the alternative of none.
{"title":"Legislating Crisis","authors":"David Kamin","doi":"10.4337/9781785364334.00008","DOIUrl":"https://doi.org/10.4337/9781785364334.00008","url":null,"abstract":"For the last several years, the congressional budget process has jumped from self-created crisis to self-created crisis. Debt limit, shutdown, sequester, potential withholding of congressional pay, and others beyond that — all of these crises coming in quick succession and requiring Congress to take action to avert a problem. There is a common element to each of these crises. In particular, Congress sets an undesirable event to occur at a later time — hence, prompting the possible crisis. This chapter represents an exploration of these devices, and a modest defense of some of them, despite the recent chaos in Washington. In particular, in legislating crisis, Congress may be addressing some of its other failings. These devices can serve constructive purposes by allowing Congress to not fully specify the way legislation will work in the future given the transaction costs involved in doing so; by allowing Congress to enforce the deals it makes; and, finally, by allowing Congress to better coordinate negotiations and, specifically, set timelines for deal-making. Thus, in some cases, the threat of crisis may be better than the alternative of none.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"2015 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121528568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2016-06-01DOI: 10.1111/j.1467-6478.2016.00750.x
Andrea Ross, R. Jones
This article illustrates how sustainability and nationalist discourses have operated together in practice in Scotland. Potential connections and tensions between nationalist and sustainability discourses are identified and used to analyse the events leading up to the passage of the Climate Change (Scotland) Act 2009 and the Regulatory Reform (Scotland) Act 2014. The analysis reveals how in certain contexts, the tensions and connections between sustainability and nationalist discourses can align to reinforce transformative initiatives while in other contexts, the tensions can lead to initiatives being watered down or set aside. The article concludes that more could be done to emphasize the connections between the two discourses. Engagement at the level of ‘nation’ can lead to sustainability discourses that are more attuned to nationalist values, increased public understanding, and acceptance of sustainable development, as well as additional opportunities for debate, public participation, and education.
{"title":"Connections and Tensions between Nationalist and Sustainability Discourses in the Scottish Legislative Process","authors":"Andrea Ross, R. Jones","doi":"10.1111/j.1467-6478.2016.00750.x","DOIUrl":"https://doi.org/10.1111/j.1467-6478.2016.00750.x","url":null,"abstract":"This article illustrates how sustainability and nationalist discourses have operated together in practice in Scotland. Potential connections and tensions between nationalist and sustainability discourses are identified and used to analyse the events leading up to the passage of the Climate Change (Scotland) Act 2009 and the Regulatory Reform (Scotland) Act 2014. The analysis reveals how in certain contexts, the tensions and connections between sustainability and nationalist discourses can align to reinforce transformative initiatives while in other contexts, the tensions can lead to initiatives being watered down or set aside. The article concludes that more could be done to emphasize the connections between the two discourses. Engagement at the level of ‘nation’ can lead to sustainability discourses that are more attuned to nationalist values, increased public understanding, and acceptance of sustainable development, as well as additional opportunities for debate, public participation, and education.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124827295","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Time is a lawmaking tool, and one that is available to all lawmakers. New law can be applied retroactively or prospectively, and it can be done so with a vengeance; a statute or judicial decision might apply only to events that took place before some past date or only to transactions in the distant future. This last category is loosely described as "sunrise," in order to contrast it with sunset legislation and its strategy of scheduled demise. Sunrises may be used to facilitate transitions, anticipate future circumstances, overcome political opposition, or simply try and bind political successors – though they can always repeal the statute. Sunrising is "partial" inasmuch as benefits are deferred more than costs, or the other way around. An efficient sunrise generally incurs costs today, or in the near-distant future, in exchange for benefits well beyond its horizon. Some of the most promising proposals with respect to climate change have this feature. The current generation volunteers to absorb burdens in order to lessen the probability of future disasters. Once these burdens are absorbed, the next generation is likely to continue on this path either because marginal costs of completion are now lower or simply because the sunk costs are seductively followed. A leap of faith is needed to believe that the early volunteers chose a path worth following.
{"title":"Legislative Sunrises: Transitions, Veiled Commitments, and Carbon Taxes","authors":"F. Fagan, Saul Levmore","doi":"10.2139/ssrn.2776478","DOIUrl":"https://doi.org/10.2139/ssrn.2776478","url":null,"abstract":"Time is a lawmaking tool, and one that is available to all lawmakers. New law can be applied retroactively or prospectively, and it can be done so with a vengeance; a statute or judicial decision might apply only to events that took place before some past date or only to transactions in the distant future. This last category is loosely described as \"sunrise,\" in order to contrast it with sunset legislation and its strategy of scheduled demise. Sunrises may be used to facilitate transitions, anticipate future circumstances, overcome political opposition, or simply try and bind political successors – though they can always repeal the statute. Sunrising is \"partial\" inasmuch as benefits are deferred more than costs, or the other way around. An efficient sunrise generally incurs costs today, or in the near-distant future, in exchange for benefits well beyond its horizon. Some of the most promising proposals with respect to climate change have this feature. The current generation volunteers to absorb burdens in order to lessen the probability of future disasters. Once these burdens are absorbed, the next generation is likely to continue on this path either because marginal costs of completion are now lower or simply because the sunk costs are seductively followed. A leap of faith is needed to believe that the early volunteers chose a path worth following.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133795617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Corporate and consumer bankruptcy are defined by two principal features: a compulsory process and an identifiable set of priorities to debtor property. These “rule of law” features reduce borrowing costs ex ante by, among other things, discouraging rent-seeking ex post. Municipal bankruptcy, by contrast, despite apparent similarities, embodies a radically different kind of debt adjustment. Substantive priorities in Chapter 9 are riddled with uncertainty, and the very invocation of bankruptcy is subject to veto by multiple political actors. Consequently, this Article contends, familiar models of bankruptcy are inadequate to explain the existing regime of municipal debt adjustment. What Chapter 9 creates is less a forum for the application of settled law, and more a venue for legislation, in which multiple political bodies seek to apportion resources by mutual consent. Political economy rather than contract-enforcement theory supplies the appropriate lens. This Article traces some of the implications of this view and argues that, relative to a system of rights enforcement, municipal bankruptcy as we know it leads to too few bankruptcies and at the same time increases the costs of financing city services and impoverishes residents, employees, and retirees. Reformers would do well to keep in mind a simple slogan: more law, less legislation.
{"title":"Law and Legislation in Municipal Bankruptcy","authors":"Vincent S. J. Buccola","doi":"10.2139/SSRN.2534856","DOIUrl":"https://doi.org/10.2139/SSRN.2534856","url":null,"abstract":"Corporate and consumer bankruptcy are defined by two principal features: a compulsory process and an identifiable set of priorities to debtor property. These “rule of law” features reduce borrowing costs ex ante by, among other things, discouraging rent-seeking ex post. Municipal bankruptcy, by contrast, despite apparent similarities, embodies a radically different kind of debt adjustment. Substantive priorities in Chapter 9 are riddled with uncertainty, and the very invocation of bankruptcy is subject to veto by multiple political actors. Consequently, this Article contends, familiar models of bankruptcy are inadequate to explain the existing regime of municipal debt adjustment. What Chapter 9 creates is less a forum for the application of settled law, and more a venue for legislation, in which multiple political bodies seek to apportion resources by mutual consent. Political economy rather than contract-enforcement theory supplies the appropriate lens. This Article traces some of the implications of this view and argues that, relative to a system of rights enforcement, municipal bankruptcy as we know it leads to too few bankruptcies and at the same time increases the costs of financing city services and impoverishes residents, employees, and retirees. Reformers would do well to keep in mind a simple slogan: more law, less legislation.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130200550","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Volcker Rule’s "covered funds rule" circumscribes bank investments and involvement in certain investment funds to limit bank risk taking and mitigate systemic risk. This article analyzes the choice by legislators and regulators in drafting the Volcker covered funds rule to use Investment Company Act definitions to set the scope of their new rule. It also examines the broader implications of this choice for coordinating banking/prudential regulations and securities/disclosure-based regulations, as well as for the more general practice of one statute or legal regime cross-referencing another. By using a securities law to define the scope of a banking law, the covered funds rule effectively transfers critical policymaking functions from one group of agencies (banking regulators) to another (the SEC). This has potentially profound implications given the differing statutory missions, cultures, and personnel of those agencies. It also has political ramifications given the different interest groups and institutional pressure points affecting securities versus banking regulators.
{"title":"Volcker's Covered Funds Rule and Trans-Statutory Cross References: Securities Regulation in the Service of Banking Law","authors":"Erik F. Gerding","doi":"10.1093/CMLJ/KMV035","DOIUrl":"https://doi.org/10.1093/CMLJ/KMV035","url":null,"abstract":"The Volcker Rule’s \"covered funds rule\" circumscribes bank investments and involvement in certain investment funds to limit bank risk taking and mitigate systemic risk. This article analyzes the choice by legislators and regulators in drafting the Volcker covered funds rule to use Investment Company Act definitions to set the scope of their new rule. It also examines the broader implications of this choice for coordinating banking/prudential regulations and securities/disclosure-based regulations, as well as for the more general practice of one statute or legal regime cross-referencing another. By using a securities law to define the scope of a banking law, the covered funds rule effectively transfers critical policymaking functions from one group of agencies (banking regulators) to another (the SEC). This has potentially profound implications given the differing statutory missions, cultures, and personnel of those agencies. It also has political ramifications given the different interest groups and institutional pressure points affecting securities versus banking regulators.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133879161","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Each year, groups ranging from multinationals to non-profits spend hundreds of millions of dollars lobbying America’s federal government on foreign policy. This massive flow of private dollars raises concerns about the health of political pluralism in the realm of America’s international relations. Using an original dataset that combines tens of thousands of Lobbying Disclosure Act filings from 2007 to 2011, information on the content of proposed legislation, and financial data on all publically listed firms in the U.S., we argue that corporate interests dominate the foreign policy lobby; that there are inequalities among firms in lobbying investment that parallel market advantages; and that the firms that lobby are not representative of the median voter. Rather than providing counteractive lobbying that represents the broad range of American opinion, the multitude of voices that lobby major foreign policy bills affecting America’s stance in the world are likely compounding the bias towards large corporations that on average advocate center-right positions.
{"title":"Lobbying at the Water's Edge: The Corporate Foreign Policy Lobby","authors":"E. Hafner-Burton, Thad Kousser, D. Victor","doi":"10.2139/ssrn.2685387","DOIUrl":"https://doi.org/10.2139/ssrn.2685387","url":null,"abstract":"Each year, groups ranging from multinationals to non-profits spend hundreds of millions of dollars lobbying America’s federal government on foreign policy. This massive flow of private dollars raises concerns about the health of political pluralism in the realm of America’s international relations. Using an original dataset that combines tens of thousands of Lobbying Disclosure Act filings from 2007 to 2011, information on the content of proposed legislation, and financial data on all publically listed firms in the U.S., we argue that corporate interests dominate the foreign policy lobby; that there are inequalities among firms in lobbying investment that parallel market advantages; and that the firms that lobby are not representative of the median voter. Rather than providing counteractive lobbying that represents the broad range of American opinion, the multitude of voices that lobby major foreign policy bills affecting America’s stance in the world are likely compounding the bias towards large corporations that on average advocate center-right positions.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"186 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121056103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Affordable Care Act created new conditions of federal tax exemption for nonprofit hospitals, including a requirement that hospitals conduct a community health needs assessment (CHNA) every three years to identify significant health needs in their communities and then develop and implement a strategy responding to those needs. As a result, hospitals must now do more than provide charity care to their patients in exchange for the benefits of tax exemption. The CHNA requirement has the potential both to prompt a radical change in hospitals' relationship to their communities and to enlist hospitals as meaningful contributors to community health improvement initiatives. Final regulations issued in December 2014 clarify hospitals' obligations under the CHNA requirement, but could do more to facilitate hospitals' engagement in collaborative community health projects. The Internal Revenue Service (IRS) has a rich opportunity, while hospitals are still learning to conduct CHNAs, to develop guidance establishing clear but flexible expectations for how providers should assess and address community needs. This Article urges the IRS to seize that opportunity by refining its regulatory framework for the CHNA requirement. Specifically, the IRS should more robustly promote transparency, accountability, community engagement, and collaboration while simultaneously leaving hospitals a good degree of flexibility. By promoting alignment between hospitals' regulatory compliance activities and broader community health improvement initiatives, the IRS could play a meaningful role in efforts to reorient our system towards promoting health and not simply treating illness.
{"title":"Health and Taxes: Hospitals, Community Health and the IRS","authors":"M. Crossley","doi":"10.2139/SSRN.2573821","DOIUrl":"https://doi.org/10.2139/SSRN.2573821","url":null,"abstract":"The Affordable Care Act created new conditions of federal tax exemption for nonprofit hospitals, including a requirement that hospitals conduct a community health needs assessment (CHNA) every three years to identify significant health needs in their communities and then develop and implement a strategy responding to those needs. As a result, hospitals must now do more than provide charity care to their patients in exchange for the benefits of tax exemption. The CHNA requirement has the potential both to prompt a radical change in hospitals' relationship to their communities and to enlist hospitals as meaningful contributors to community health improvement initiatives. Final regulations issued in December 2014 clarify hospitals' obligations under the CHNA requirement, but could do more to facilitate hospitals' engagement in collaborative community health projects. The Internal Revenue Service (IRS) has a rich opportunity, while hospitals are still learning to conduct CHNAs, to develop guidance establishing clear but flexible expectations for how providers should assess and address community needs. This Article urges the IRS to seize that opportunity by refining its regulatory framework for the CHNA requirement. Specifically, the IRS should more robustly promote transparency, accountability, community engagement, and collaboration while simultaneously leaving hospitals a good degree of flexibility. By promoting alignment between hospitals' regulatory compliance activities and broader community health improvement initiatives, the IRS could play a meaningful role in efforts to reorient our system towards promoting health and not simply treating illness.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124945039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2015-02-19DOI: 10.7551/mitpress/10309.003.0022
Ryan B. Abbott
Big data and its use by artificial intelligence is disrupting innovation and creating new legal challenges. For example, computers engaging in what IBM terms “computational creativity” are able to use big data to innovate in ways historically entitled to patent protection. This can occur under circumstances in which an artificial intelligence, rather than a person, meets the requirements to qualify as a patent inventor (a phenomenon I refers to as “computational invention”). Yet it is unclear whether a computer can legally be a patent inventor, and it is even unclear whether a computational invention is patentable. There is no law, court opinion, or government policy that directly addresses computational invention, and language in the Patent Act requiring inventors to be individuals and judicial characterizations of invention as a “mental act” may present barriers to computer inventorship. Definitively resolving these issues requires deciding whether a computer qualifies as an “inventor” under the Patent and Copyright Clause of the Constitution: “The Congress shall have the power…to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Whether computers can legally be inventors is of critical importance for the computer and technology industries and, more broadly, will affect how future innovation occurs. Computational invention is already happening, and it is only a matter of time until it is happening routinely. In fact, it may be only a matter of time until computers are responsible for the majority of innovation and potentially displacing human inventors. This chapter argues that a dynamic interpretation of the Patent and Copyright Clause permits computer inventors. This would incentivize the development of creative artificial intelligence and result in more innovation for society as a whole. However, even if computers cannot be legal inventors, it should still be possible to patent computational inventions. This is because recognition of inventive subject matter can qualify as inventive activity. Thus, individuals who subsequently “discover” computational inventions may qualify as inventors. Yet as this chapter will discuss, this approach may be inefficient, unfair, and logistically challenging.
{"title":"Hal the Inventor: Big Data and Its Use by Artificial Intelligence","authors":"Ryan B. Abbott","doi":"10.7551/mitpress/10309.003.0022","DOIUrl":"https://doi.org/10.7551/mitpress/10309.003.0022","url":null,"abstract":"Big data and its use by artificial intelligence is disrupting innovation and creating new legal challenges. For example, computers engaging in what IBM terms “computational creativity” are able to use big data to innovate in ways historically entitled to patent protection. This can occur under circumstances in which an artificial intelligence, rather than a person, meets the requirements to qualify as a patent inventor (a phenomenon I refers to as “computational invention”). Yet it is unclear whether a computer can legally be a patent inventor, and it is even unclear whether a computational invention is patentable. There is no law, court opinion, or government policy that directly addresses computational invention, and language in the Patent Act requiring inventors to be individuals and judicial characterizations of invention as a “mental act” may present barriers to computer inventorship. Definitively resolving these issues requires deciding whether a computer qualifies as an “inventor” under the Patent and Copyright Clause of the Constitution: “The Congress shall have the power…to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.” Whether computers can legally be inventors is of critical importance for the computer and technology industries and, more broadly, will affect how future innovation occurs. Computational invention is already happening, and it is only a matter of time until it is happening routinely. In fact, it may be only a matter of time until computers are responsible for the majority of innovation and potentially displacing human inventors. This chapter argues that a dynamic interpretation of the Patent and Copyright Clause permits computer inventors. This would incentivize the development of creative artificial intelligence and result in more innovation for society as a whole. However, even if computers cannot be legal inventors, it should still be possible to patent computational inventions. This is because recognition of inventive subject matter can qualify as inventive activity. Thus, individuals who subsequently “discover” computational inventions may qualify as inventors. Yet as this chapter will discuss, this approach may be inefficient, unfair, and logistically challenging.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"110 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132782544","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Russian Abstract: В статье рассматриваются состояние законодательства и научной разработки по вопросам соотношения результатов работ и услуг в различных гражданских правоотношениях. Выявлено, что для российского законодательства характерно закрепление обязанностей по выполнению работ и оказанию услуг не только в обязательствах того или иного типа и/или вида. Гражданско-правовые нормы, устанавливающие правовой режим результатов работ и услуг, нуждаются в усовершенствовании. Надлежащее гражданско-правовое обеспечение получения результатов работ оказания услуг позволит расширить рынок работ и услуг и повысить стоимость различных активов.English Abstract: The article discusses the status of legislation and scientific development on balance of work and services in various civil matters. Revealed that Russian law is characterized by the consolidation of duties to perform work and provide services not only to the obligations of any type and/or kind. Civil and legal rules establishing the legal regime of work and services, need improvements. Proper civil legal support for getting the results of services will expand the market and services and increase the value of various assets.
{"title":"Результаты Работ и Услуги в Структуре Гражданских Правоотношений: Современные Проблемы (The Results of the Work and Services in the Civil Matters: Contemporary Issues)","authors":"O. Makarov","doi":"10.2139/ssrn.2549445","DOIUrl":"https://doi.org/10.2139/ssrn.2549445","url":null,"abstract":"Russian Abstract: В статье рассматриваются состояние законодательства и научной разработки по вопросам соотношения результатов работ и услуг в различных гражданских правоотношениях. Выявлено, что для российского законодательства характерно закрепление обязанностей по выполнению работ и оказанию услуг не только в обязательствах того или иного типа и/или вида. Гражданско-правовые нормы, устанавливающие правовой режим результатов работ и услуг, нуждаются в усовершенствовании. Надлежащее гражданско-правовое обеспечение получения результатов работ оказания услуг позволит расширить рынок работ и услуг и повысить стоимость различных активов.English Abstract: The article discusses the status of legislation and scientific development on balance of work and services in various civil matters. Revealed that Russian law is characterized by the consolidation of duties to perform work and provide services not only to the obligations of any type and/or kind. Civil and legal rules establishing the legal regime of work and services, need improvements. Proper civil legal support for getting the results of services will expand the market and services and increase the value of various assets.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"252 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-01-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121422387","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
We examine the effect of medical marijuana laws (MML) on crime treating the introduction of MML as a quasi-experiment and using three different data sources. First, using data from the Uniform Crime Reports, we find that violent crimes such as homicides and robberies decrease in states that border Mexico after MML are introduced. Second, using Supplementary Homicide Reports' data we show that for homicides the decrease is the result of a drop in drug-law and juvenile-gang related homicides. Lastly, using STRIDE data, we show that the introduction of MML in Mexican border states decreases the amount of cocaine seized, while it increases the price of cocaine. Our results are consistent with the theory that decriminalization of small-scale production and distribution of marijuana harms Mexican drug trafficking organizations, whose revenues are highly reliant on marijuana sales. The drop in drug-related crimes suggests that the introduction of MML in Mexican border states lead to a decrease in their activity in those states. Our results survive a large variety of robustness checks. Extrapolating from our results, this indicates that decriminalization of the production and distribution of drugs may lead to a drop in violence in markets where organized crime is pushed out by licit competition.
{"title":"Is Legal Pot Crippling Mexican Drug Trafficking Organizations? The Effect of Medical Marijuana Laws on US Crime","authors":"E. Gavrilova, Takuma Kamada, F. Zoutman","doi":"10.2139/ssrn.2350101","DOIUrl":"https://doi.org/10.2139/ssrn.2350101","url":null,"abstract":"We examine the effect of medical marijuana laws (MML) on crime treating the introduction of MML as a quasi-experiment and using three different data sources. First, using data from the Uniform Crime Reports, we find that violent crimes such as homicides and robberies decrease in states that border Mexico after MML are introduced. Second, using Supplementary Homicide Reports' data we show that for homicides the decrease is the result of a drop in drug-law and juvenile-gang related homicides. Lastly, using STRIDE data, we show that the introduction of MML in Mexican border states decreases the amount of cocaine seized, while it increases the price of cocaine. Our results are consistent with the theory that decriminalization of small-scale production and distribution of marijuana harms Mexican drug trafficking organizations, whose revenues are highly reliant on marijuana sales. The drop in drug-related crimes suggests that the introduction of MML in Mexican border states lead to a decrease in their activity in those states. Our results survive a large variety of robustness checks. Extrapolating from our results, this indicates that decriminalization of the production and distribution of drugs may lead to a drop in violence in markets where organized crime is pushed out by licit competition.","PeriodicalId":166493,"journal":{"name":"Legislation & Statutory Interpretation eJournal","volume":"170 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117279406","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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