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In this chapter, we describe the most important policy evaluation criteria that can be used to choose the appropriate mix of energy and climate policy instruments. We give space to economic efficiency, effectiveness, macroeconomic effects, equity, acceptability, enforceability, and administrative practicability. In the second part of the chapter, we present a simple overview of the most important economic models that can be used to estimate the impact of the introduction of energy and climate policy measures, such as applied general equilibrium models and integrated assessment models. Further, we provide a short introduction to some policy evaluation methods such as randomised controlled trials, difference-in-difference, and regression discontinuity designs that can be used to evaluate policy effectiveness.
The World Trade Organization (WTO) regime has a significant role to play in disciplining secondary sanctions. It provides substantial standards and procedures that differ from and supplement applicable standards and potential remedies under general public international law. The WTO system may address the specifics of secondary sanctions in different ways. In this chapter three perspectives are discussed in this regard. First, it is observed that non-discrimination standards in trade law may capture what appears to be unfair about secondary sanctions, as such standards would fail to detect discrimination, where all WTO Members – target Members and third Members – would be sanctioned alike. Second, however, WTO exception clauses can take into consideration that secondary sanctions are significantly more distant in terms of a connection between the measure and a legitimate policy objective as required under standards of good faith. Third and relating to fairness, WTO dispute settlement would open an opportunity for affected Members to seek a rebalancing of rights and obligations even in cases where a measure would be considered to conform to WTO rules.
For many years, the reality about the role of women in American and southern history remained the absence of scholarship about women and the absence of women in the profession. The journey of women into the world of professional historians involved overcoming many stereotypes and prejudices. A few women emerged as professional historians who made major contributions into new areas of scholarship as early as the post-World War II years, but the ratio of women to men only began to increase in the late 1970s and early 1980s. Economist Claudia Goldin identified a “quiet revolution” of women entering the history profession between 1950 and 1970, which then exploded as women rushed into the profession in force during the 1970s. The influx of talented women opened new fields of study (women, family, social history topics, etc.). This chapter examines the influence of women who shaped new areas of study while also offering new perspectives on longstanding questions of broad scholarly interest.
The expanding application of advanced analytics in insurance has generated numerous opportunities, such as more accurate predictive modeling powered by machine learning and artificial intelligence (AI) methods, the utilization of novel and unstructured datasets, and the automation of key operations. Significant advances in these areas are being made through novel applications and adaptations of predictive modeling techniques for insurance purposes, while, concurrently, rapid advances in machine learning methods are being made outside of the insurance sector. However, these innovations also bring substantial challenges, particularly around the transparency, explanation, and fairness of complex algorithmic models and the economic and societal impacts of their adoption in decision-making. As insurance is a highly regulated industry, models may be required by regulators to be explainable, in order to enable analysis of the basis for decision making. Due to the societal importance of insurance, significant attention is being paid to ensuring that insurance models do not discriminate unfairly. In this special issue, we feature papers that explore key issues in insurance analytics, focusing on prediction, explainability, and fairness.
Although the fair financing report, ‘Open and Inclusive: Fair Processes for Financing Universal Health Coverage’, has many sage things to say about democratic deliberative processes, its title belies its content: the report does not offer any assessment of processes for financing universal health coverage. What it does instead is scrutinise processes for deciding how to finance universal health coverage without any linkage to substantive questions concerning financing, and, moreover, the discussion is not narrowly focused on fairness.
Generative artificial intelligence (GenAI) has gained significant popularity in recent years. It is being integrated into a variety of sectors for its abilities in content creation, design, research, and many other functionalities. The capacity of GenAI to create new content—ranging from realistic images and videos to text and even computer code—has caught the attention of both the industry and the general public. The rise of publicly available platforms that offer these services has also made GenAI systems widely accessible, contributing to their mainstream appeal and dissemination. This article delves into the transformative potential and inherent challenges of incorporating GenAI into the domain of judicial decision-making. The article provides a critical examination of the legal and ethical implications that arise when GenAI is used in judicial rulings and their underlying rationale. While the adoption of this technology holds the promise of increased efficiency in the courtroom and expanded access to justice, it also introduces concerns regarding bias, interpretability, and accountability, thereby potentially undermining judicial discretion, the rule of law, and the safeguarding of rights. Around the world, judiciaries in different jurisdictions are taking different approaches to the use of GenAI in the courtroom. Through case studies of GenAI use by judges in jurisdictions including Colombia, Mexico, Peru, and India, this article maps out the challenges presented by integrating the technology in judicial determinations, and the risks of embracing it without proper guidelines for mitigating potential harms. Finally, this article develops a framework that promotes a more responsible and equitable use of GenAI in the judiciary, ensuring that the technology serves as a tool to protect rights, reduce risks, and ultimately, augment judicial reasoning and access to justice.
The Conclusion emphasizes the book’s primary argument, that its proposed system of means-based adjustments to the tax compliance rules would more effectively deter tax avoidance and evasion by the rich than would reforms focused solely on increasing the IRS’s funding or on rules targeting specific potentially abusive activities. It notes that the book has provided four practical applications of this approach – as adjustments to tax penalties, penalty defenses, the statute of limitations, and information reporting – but that these examples are just the beginning. The book concludes that its analysis and new approach to tax administration should be relevant to legislators and other tax policymakers, scholars of both tax law and progressivity, and federal and state tax administrators.
The Introduction sets the stage by describing the intense focus on abusive tax avoidance and tax evasion by the rich among political figures, legal scholars, and the general public. The Introduction also describes the stakes for the tax system in addressing high-end tax noncompliance. It then provides an overview of two conventional approaches to the problem of high-end tax noncompliance: increasing IRS funding and “activity-based rules” targeting specific strategies that enable tax avoidance and evasion. The Introduction describes the book’s argument that both of these responses are incomplete solutions. It then describes the overlooked role that tax compliance rules – which govern critical aspects of tax administration and enforcement but that currently apply to all taxpayers without regard to their income or wealth – play in enabling tax avoidance and evasion by the rich. The Introduction provides a summary of the core argument and contribution of the book: that policymakers should introduce a system of means-based adjustments to the tax compliance rules for high-end taxpayers.
One of the most common complaints about the tax system in the United States is that rich taxpayers are able to lower their tax liabilities through abusive tax practices, often outmaneuvering the Internal Revenue Service (IRS). Untaxed offers a fresh perspective on the long-standing dilemma of tax avoidance and evasion by the rich by proposing a new legal response: means-based adjustments to the tax compliance rules. These compliance rules govern interactions between taxpayers and the IRS, from filing tax returns to responding to audit letters to paying tax penalties. Untaxed shows how tax compliance rules can be adjusted based on taxpayers' means to level the playing field between the rich and everyone else. Timely and innovative, this book is a must-read for legal scholars, policymakers, tax students, and anyone interested in tax policy and administration.
Our approach to thriving encompasses not just the growth of individuals but also of collectives. Therefore, when we talk about how people thrive in this chapter and throughout the book, we refer to people in the singular and in the plural. Instead of creating a dichotomy between individual and community, we refer to people as comprising the unique lives of each one of us, the relational bonds that tie us together, and the communities and settings we are a part of. Our definition of thriving acknowledges the primordial role of situational fairness, the phenomenology of worthiness, and the myriad forms of wellness. In other words, thriving consists of context + experiences + outcomes. We submit that the key context impacting our ability to thrive as individuals and collectives is one of fairness. Similarly, we argue that key experiences have to do with mattering and a sense of worth, both of which have to do with feeling valued and opportunities to add value. Finally, we make the point that wellness exists in multiple forms and for people to thrive they should nurture all of them.
Discover a groundbreaking perspective on personal and collective flourishing in this transformative book. Unveiling a dynamic synthesis of wellness, fairness, and worthiness, it presents a blueprint for thriving on personal, relational, occupational, systemic, community, and planetary scales. Move beyond the confines of individual well-being; embrace a holistic approach that encompasses entire groups, workplaces, communities, nations, and the world. While traditional psychology focused on personal thriving, the need for fostering the common good is now more urgent than ever-to combat pandemics, address climate change, champion peace, battle injustice, and elevate well-being globally. Dive into a compelling conceptual framework that guides theory, research, and action to tackle pressing global issues. This book pioneers a concise and powerful framework-three pillars of thriving: wellness, fairness, and worthiness. Join the movement towards a world where collective thriving is not just a goal, but a reality for all.
I argue that in some circumstances the capacity for voluntary agreement making can be an adequate realization of the All-Affected principle. The basic idea is that one can, with this capacity, attempt to advance one’s interests by entering into voluntary agreements with others. The All-Affected Principle can be satisfied if persons are able to enter into agreements with those whose actions affect them or with those who can advance their interests. Persons should have an equal say or a say proportionate to their legitimate interests and this can be realized in voluntary agreement making, or so I shall argue. I draw an analogy between democratic decision making traditionally conceived and voluntary agreement making. This helps us see how we can define appropriate procedural norms for the evaluation of processes of voluntary agreement making in both market and international contexts. I argue that fair voluntary agreement in markets and international decision-making is a realization of the same principle as fair collective decision-making in democracy only one is for decentralized decision making and the other is for centralized decision making.
Tactical litigation is a reality of the adversarial litigation framework that is currently in place. However, there is a difference between the tactical litigation of choosing a forum which may have more favorable law or be more convenient and choosing a forum with the intent to drive the opposing party to failure. The latter has been the issue with some of the tactical litigation that has occurred under the European Union’s framework of lis pendens. While the Recast Brussels I Regulation has alleviated some of those issues, it has not addressed all of them. While some scholars have argued that these issues of lis pendens may be answered by introducing the common law doctrine of forum non conveniens to these proceedings, that is not the case. This Article explores the pitfalls of lis pendens and forum non conveniens and ultimately finds that forum non conveniens is unable to solve the issues lis pendens creates in tactical litigation. Furthermore, the Article finds that forum non conveniens, inherently and acting as it should, has its own problems which echo lis pendens’ own issues in the European Union. Furthermore, forum non conveniens is simply incompatible with the policies the European Union implemented with lis pendens. Ultimately, forum non conveniens is unable to answer the problems lis pendens has created and solutions must be found from within the European Union’s own civil system.
In a recent article in this journal, James Christensen, Tom Parr and David Axelsen argue that millionaire salaries are unjust and women have no grounds of fairness to unjust salaries in parity with men. They accept that disrespect is expressed toward women when they are paid less than men because of their gender. Their argument largely replicates a similar argument developed earlier by Anca Gheaus. By drawing on the distinction between ideal and nonideal theory, we argue that Christensen et al. and Gheaus hold women to unacceptably high standards of justice and arguably higher standards than men are held to.
In this chapter, I argue that international criminal law institutions must satisfy two criteria to justify their claim to legitimate authority. First, they need to ensure fair trials. But while fairness is a necessary condition for the legitimate authority of the international exercise of criminal justice, it is not a sufficient condition. Institutions need to answer the subordination complaint: When some rule, others are subordinated to their rule – and the point of legitimate institutions is to address how this fact can be reconciled with the equal status of persons. An adequate way to respond to the subordination complaint is to vest institutions with democratic procedures that ensure equal control over the coercive rule of an institution. In the final part of chapter five, I highlight two strategies that enable states and individuals to exercise equal control over the court. The first strategy involves a legislative assembly that deliberates and decides on questions of criminal justice and institutional design. The second strategy seeks to make judicial lawmaking, where it is inevitable, more accountable to the public.
As governments increasingly adopt algorithms and artificial intelligence (AAI), we still know comparatively little about citizens’ support for algorithmic government. In this paper, we analyze how many and what kind of reasons for government use of AAI citizens support. We use a sample of 17,000 respondents from 16 OECD countries and find that opinions on algorithmic government are divided. A narrow majority of people (55.6%) support a majority of reasons for using algorithmic government, and this is relatively consistent across countries. Results from multilevel models suggest that most of the cross-country variation is explained by individual-level characteristics, including age, education, gender, and income. Older and more educated respondents are more accepting of algorithmic government, while female and low-income respondents are less supportive. Finally, we classify the reasons for using algorithmic government into two types, “fairness” and “efficiency,” and find that support for them varies based on individuals’ political attitudes.
This paper uses a conjoint survey experiment fielded in the US, Australia, Chile, and Argentina to develop and test the compensatory theory of tax fairness, which states that higher taxes on the rich can be used to compensate for other benefits unequally granted by the state. Drawing on social psychology, this paper argues that evidence of preferential treatment by the state violates well-established fairness principles and shows, experimentally, that it leads to taxation to restore equality in crisis times, irrespective of wealth and across a variety of settings. The paper makes two important contributions: it provides the first direct, causal evidence of the importance of compensatory arguments for tax preferences and presents unconfounded estimates of the effect of more established fairness considerations as benchmarks against which to compare the importance of compensatory arguments.
At the core of any legal decision is an assumption that the decision will be “fair,” yet this is an elusive term. A close study of cases involving criminal defendants with mental disabilities shows that many (perhaps most) of the decisions involving this cohort are not “fair” in the contexts of due process and justice. If legal decisions reflect principles such as procedural justice, restorative justice, and therapeutic jurisprudence, the chances of such fairness will be significantly enhanced. This chapter explains why this goal of fairness, in the context of these cases, can never be met absent a consideration of the virulence of sanism and pretextuality, along with the misuse of heuristics and false “ordinary common sense.” These factors enable much of society to ignore gray areas of human behavior, and predispose fact-finders to endorse beliefs in accord with their prior experiences.
Does providing information about the costs and benefits of automation affect the perceived fairness of a firm's decision to automate or support for government policies addressing automation's labor market consequences? To answer these questions, we use data from vignette and conjoint experiments across four advanced economies (Australia, Canada, the UK, and the US). Our results show that despite people's relatively fixed policy preferences, their evaluation of the fairness of automation—and therefore potentially the issue's political salience—is sensitive to information about its trade-offs, especially information about price changes attributable to automated labor. This suggests that the political impact of automation may depend on how it is framed by the media and political actors.
In the article ‘How to be absolutely fair, Part I: the Fairness formula’, we presented the first theory of comparative and absolute fairness. Here, we relate the implications of our Fairness formula to economic theories of fair division. Our analysis makes contributions to both philosophy and economics: to the philosophical literature, we add an axiomatic discussion of proportionality and fairness. To the economic literature, we add an appealing normative theory of absolute and comparative fairness that can be used to evaluate axioms and division rules. Also, we provide a novel definition and characterization of the absolute priority rule.