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By comparing the educational attainment of Kenyans whose years of primary schooling did and did not correspond with the tenure in office of a president from their own ethnic group, we provide evidence suggesting that Kenyan presidents have favored their coethnics in the allocation of educational resources. We discuss the implications of such bias, emphasizing that the main impact is to reinforce perceptions of ethnic favoritism in government allocation decisions that, in turn, fosters resentment across group lines, undermines trust in government, and raises the stakes of elections. We suggest that protecting education from ethnic politics might be achieved by three means: devolution, which may limit executive power and discretion over the distribution of resources; fostering public awareness and social mobilization in favor of more equity in the education sector; or the promotion of private schools as an alternative to the state-sponsored educational sector.
Did the government rescue of the financial system in 2007 and 2008 violate the US constitution or important political norms? A small number of commentators argue that it did. 1 They argue that the government broke the law in several instances; and that, even when it acted with statutory authority, the authority that it relied on was conferred on it by Congress in violation of the constitution. While legal scholars have debated whether certain crisis-response actions violated the law, 2 the bigger argument – that the entire crisis-response system violated fundamental constitutional norms – has received little attention.
Papers in the burgeoning empirical literature on distributive politics often focus their analysis on the pattern of distribution of a single patronage good—for example, cash transfers, roads, education spending, electrification, or targeted grants. Yet because governments can favor constituencies through the targeting of multiple public and private goods, drawing general conclusions about distributive politics by investigating just one (or even a few) good(s) can be misleading. We demonstrate the severity of this problem by investigating a particular manifestation of distributive politics—ethnic favoritism—in a particular setting—Africa—and show that the conclusions one draws about who benefits from government allocation decisions can vary markedly depending on the outcome one happens to study. Our findings suggest the need for caution in making general claims about who benefits from distributive politics and raise questions about extant theoretical conclusions that are based on empirical work that focuses on a single distributive outcome. The findings also provide a foundation for a new research agenda aimed at identifying the reasons why political leaders choose to favor their supporters with some public and private goods rather than others.
The platysma muscle together with the subcutaneous tissue comprises the superficial fascia of the head and neck. The deep fascia forms more distinct layers: superficial, pretracheal/middle, prevertebral/ deep, and carotid sheaths. Both the pretracheal and retrovisceral spaces descend into the superior mediastinum acting as important potential conduits of head and neck infections. The thyroid cartilage forms most of the anterior and lateral walls of the larynx. Anterior to the trachea in the neck is the isthmus of the thyroid gland at about the level of the second to fourth tracheal cartilages; below this the inferior thyroid veins, lymph nodes, and sometimes a thyroid ima artery. Lateral to the trachea in the neck are the lobes of the thyroid gland, great vessels, and recurrent laryngeal nerves. A thorough knowledge of anatomy and anatomical variations of the head and neck is essential to avoid or assess complications arising from tracheotomies.
The United Nations Convention on the Law of the Sea demonstrates plausible economic logic by assigning jurisdiction over portions of the ocean to the states that value them the most and can regulate them most cheaply, while respecting other states΄ interests in navigation and additional uses of the seas. For the vast oceanic areas that no state can regulate, the Convention provides for an open access regime subject to simple rules, mostly self-enforcing, to limit conflict over resources.
A promisor is strictly liable for breaching a contract, according to the standard account. However, a negligence-based system of contract law can be given an economic interpretation. This chapter shows that such a system is, in some respects, more attractive than the strict liability system. This may explain why negligence ideas continue to play a role in contract decisions, as a brief discussion of cases shows.
Anglo-American contract law is said to be a strict liability system, but it could just as well be a fault-based system. Indeed, one can make a plausible case that a fault-based contract law would be superior to the strict liability system. A fault-based system would result in courts enforcing optimal contracts more systematically than they do currently – if courts could implement the system with sufficient accuracy. The disadvantage of such a system is that courts would need to make difficult inquiries and could make more errors. How the advantages and disadvantages balance out is hard to determine.
As many authors have noticed, although Anglo-American contract law is usually called a strict liability system, it does contain pockets of fault. Faultlike notions, such as good faith and best efforts, recur in the cases; and terms are often implied in order to ensure that obligations are reasonable rather than absolute. These doctrines reflect some of the advantages of the fault-based system, and strengthen the theoretical basis for the claim that fault ought to play a role in contract law.
Many people believe that the problem of climate change should be handled by an international cap-and-trade system. Under this approach, participating nations, and perhaps the entire world, would create a “cap” on greenhouse gas (GHG) emissions. Nations would be allocated specified emissions rights, which could be traded in return for cash. Other people have doubts about whether such a system is practical, and it is becoming increasingly likely that some other approach will be used—for example, a cap-and-trade system in the north along with technical and financial assistance and general targets for the south.
Both types of system raise broad questions of welfare and justice. Consider, for example, the cap-and-trade system. The proposal for such a system does not answer a crucial question: how should emissions rights be allocated? It is tempting to suggest that the status quo, across nations, provides the appropriate baseline. According to one view, emissions might be frozen at existing levels, so that every nation has the right to its current level of emissions. Taking a more aggressive view, all or most signatory nations should have to reduce their emissions levels by a specified percentage, again taking the status quo as the foundation for reductions. The status quo might seem to have intuitive appeal, but it is also somewhat arbitrary and raises serious questions from the standpoint of equity. Why should climate change policy take existing national emissions, and to that extent existing national patterns of energy use, as a given for policy purposes?
Florida is the fourth largest state in the United States of America. In 2004, 218,045 live babies were born in Florida, accounting for approximately 1744 new cases of congenital heart disease. We review the initial experience of The Society of Thoracic Surgeons Congenital Heart Surgery Database with a regional outcomes report, namely the Society of Thoracic Surgeons Florida Regional Report.
Eight centres in Florida provide services for congenital cardiac surgery. The Children’s Medical Services of Florida provide a framework for quality improvement collaboration between centres. All congenital cardiac surgical centres in Florida have voluntarily agreed to submit data to the Society of Thoracic Surgeons Database. The Society of Thoracic Surgeons and Duke Clinical Research Institute prepared a Florida Regional Report to allow detailed regional analysis of outcomes for congenital cardiac surgery.
The report of 2007 from the Society of Thoracic Surgeons Congenital Heart Surgery Database includes details of 61,014 operations performed during the 4 year data harvest window, which extended from 2003 through 2006. Of these operations, 6,385 (10.5%) were performed in Florida. Discharge mortality in the data from Florida overall, and from each Florida site, with 95% confidence intervals, is not different from cumulative data from the entire Society of Thoracic Surgeons Database, both for all patients and for patients stratified by complexity.
A regional consortium of congenital heart surgery centres in Florida under the framework of the Children’s Medical Services has allowed for inter-institutional collaboration with the goal of quality improvement. This experience demonstrates, first, that the database maintained by the Society of Thoracic Surgeons can provide the framework for regional analysis of outcomes, and second, that voluntary regional collaborative efforts permit the pooling of data for such analysis.
Law Without Nations? Why Constitutional Government Requires
Sovereign States. By Jeremy A. Rabkin. Princeton: Princeton
University Press, 2005. 350p. $29.95.
Many people complain that American foreign policy is self-interested,
unilateralist, and brutish, and wish that the United States would
participate more enthusiastically in multilateral institutions, such as
the United Nations, the International Criminal Court, and the Kyoto
Treaty. Defenders of American foreign policy argue that these institutions
just do not serve America's interest. Jeremy Rabkin offers an
alternative version of this argument: He says that yielding sovereignty to
global institutions violates America's constitutional traditions, and
the attractive mixture of freedom and security that these traditions
support. Global governance is bureaucratic, insensitive to democratic
pressures, and indifferent to local variation in values and interests.
Further, liberty requires the rule of law, and the rule of law can prevail
only in a sovereign state. Global governance undermines sovereignty and
thus undermines the rule of law and freedom as well.
Internet service providers are today largely immune from liability for their role in the creation and propagation of worms, viruses, and other forms of malicious computer code. In this essay, we question that state of affairs. Our purpose is not to weigh in on the details – for example, whether liability should sound in negligence or strict liability, or whether liability is in this instance best implemented by statute or via gradual common law development. Rather, our aim is to challenge the recent trend in the courts and Congress away from liability and toward complete immunity for Internet service providers. In our view, such immunity is difficult to defend on policy grounds and sharply inconsistent with conventional tort law principles. Internet service providers control the gateway through which Internet pests enter and reenter the public network. Service providers should therefore bear some responsibility not only for stopping malicious code but also for helping to identify those individuals who originate it.
Computer viruses and related strains of Internet contagion impose a significant cost on the many individuals and entities that rely on Internet access for commerce, research, and communication. The U.S. government has responded to this problem with efforts to identify and deter those who create and propagate Internet pests. Thus, for example, both the Federal Bureau of Investigation and the Department of Homeland Security allocate substantial resources to the battle against cybercrime, and Congress has passed a number of criminal statutes designed to target the troublemakers who create Internet viruses and other forms of malicious computer code.