COMMON LAW, STATUTE LAW, AND THE THEORY OF LEGISLATIVE CHOICE: AN INQUIRY INTO THE GOAL OF THE SHERMAN ACT

Although the Sherman Antitrust Act is more than a century old, debate continues over its goals. In contrast to what many have argued, I contend that the Act's main goal is to maximize economic efficiency, rather than the welfare of consumers. The Sherman Act is a modest extension of the common law, which the "Law and Economics" literature indicates moves towards economic efficiency. Further, unlike the Interstate Commerce Act of 1887, Sherman Act decisions are made by courts, not a regulatory agency. Thus, the theory of legislature choice also implies that the goal of the Act is to maximize economic efficiency.     

THE RISE OF THE CHICAGO PACKERS and THE ORIGINS OF MEAT INSPECTION and ANTITRUST

The Meat Inspection Act of 1891 and the Sherman Act of 1890 are closely tied. This link makes clearer Congress' intent in enacting the legislation. Both laws were products of economic conditions after 1880 and reflected, in part, widespread concern about the market power of Chicago meat packers. The concerns of local slaughterhouses, which were being displaced by new, low-cost refrigerated beef, and of farmers, who sold livestock to the large Chicago packers, were echoed elsewhere by other small businesses and farmers, who feared for their livelihood during a time of structural change in the economy.     

AN ANALYTIC HISTORY OF DELIVERED PRICE LITIGATION: DO COURTS PROPERLY DISTINGUISH RIVALROUS FROM COLLUSIVE INSTANCES?

The federal judiciary's present, cautious approach to delivered pricing is appropriate. Using court records and recent contributions to the economic literature, this article evaluates the antitrust history of those practices. Delivered pricing can replace mill pricing naturally in some rivalrous settings, but under special circumstances could be collusive. Thus, delivered pricing has sometimes been adjudged a Sherman Act violation, but only given other evidence of collusion. For a time, however, the legal system threatened to treat delivered pricing as a per se violation of the Clayton and Federal Trade Commission Acts. That reflected poor economic understanding.     

Migrants and asylum seekers: policy responses in the United States to immigrants and refugees from Central America and the Caribbean

This article analyzes the complex political environment of US immigration and refugee policies in which tensions exist, especially with regard to Central America and the Caribbean. Recommendations for managing it more effectively in the future are discussed. Several western countries, including the US, have implemented stricter restriction policies as a result of the perceived threats to their economies and cultural homogeneity. In general, US immigration policy has addressed both economic concerns and domestic pressures, whereas US refugee policy has reflected foreign policy concerns. As a result of these policies, there has been an increasing number of immigrants from Mexico, as well as huge numbers of refugees from Cuba and Nicaragua. Yet, there has been limited acceptance of asylum seekers from Haiti, El Salvador and Guatemala. Among the policies passed by the US Congress to reduce illegal immigration and limit assistance to legal immigrants were the Welfare Reform Act, Illegal Immigration Reform, Immigration Responsibility Act of 1996, and the Proposition 187 movement. Revisions in the procedures of the Immigration and Naturalization Service were also made.     

CONSTITUENT INTEREST VS. LEGISLATOR IDEOLOGY: THE ROLE OF POLITICAL OPPORTUNITY COST

This paper applies the economic model of legislative voting to the automobile industry domestic content vote in the U.S. House of Representatives in 1982. We consider constituent interests for and against the Ml, and compare the predictive powers of alternative indicators of ideological preferences.
We also examine the role of political opportunity cost and find that lame ducks were significantly less likely to vote for the bill than were returnees to Congress. Given the political advantages of voting for the bill, this is consistent with the view that legislators were influenced by the case for freer trade.     

Policy-making in the public interest: a contextual analysis of the passage of closed-captioning policy

In 1990 the United States Congress approved the Television Decoder Circuitry Act, which mandated that all television sets 13 inches or larger for sale in the United States be manufactured with caption-decoding microchips. This legislation allowed millions of deaf and hearing-impaired people throughout the US access to captions on commercials and television programs. Access to technology is one determinant of who can participate in the social, cultural, political and economic facets of a society. Scholars recognize that communication processes in the public sphere often are unbalanced. Access to media outlets creates a gap between those with media power and those without. Using a contextual analysis framework supported by a social model of disability, this paper defines the roles of parties involved in the passage of closed-captioning legislation and highlights how social forces were successful in passing legislation beneficial to the Deaf and Hearing-impaired community.     

The Jewish Exodus from the New South Africa: Realities and Implications

In the 1990s, the Jewish population of South Africa declined at an unprecedented rate in marked contrast to Jewish populations in other English-speaking countries.
Possible explanations include fear of political instability and political violence, deteriorating economic conditions and prospects, fear of directly discriminatory government policies, rising violent crime rates, and more permissive immigration policies in desirable destination countries.
All but the last of these factors appear to have played some role. However, only changes in violent crime rates provide an explanation for the unprecedented surge in net emigration, persisting even after a successful political and economic transition to majority black rule under moderate African National Congress governments.
Changes in crime rates also provide the most satisfactory explanation for related changes in internal migration patterns.     

Demanding an ‘adequate solution:’ the American Legion,the Immigration Act of 1924, and the politics of exclusion

This article analyses the American Legion’s role in developing a discourse of exclusion surrounding the Immigration Act of 1924. The Legion strategically used the political rhetoric of states’ rights and federalism in addition to racist and nativist language to emphasise the need for increased federal restrictions on immigration. The arguments found in the Legion’s resolutions, pamphlets and testimony to Congress place the organisation’s emphasis on the political disruptions caused by Japanese migrants within the context of evolving immigration reform. The Legion’s activism in exclusion contributes to an understanding of the history of states’ rights and federalism tropes in anti-immigrant arguments during the twentieth century.     

Mandated benefits and entry-level employees and employment

Entry-level employees, particularly those with little education and skill, are often not provided fringe benefits that are included in the compensation packages of their more skilled and experienced counterparts. Under the rubric of improving the well-being of entry-level employees, Congress is considering proposals requiring employers provide speccific benefits to employees. Unfortunately, by substituting political directives for market decision making, mandated benefits impose economic inefficiencies, and most of the resulting costs are borne by the entry-level employees purportedly most helped by mandated benefits. The author thanks Ronald Warren for helpful comments. The customary caveat applies.     

ANTITRUST and COMPETITION, HISTORICALLY CONSIDERED

Although antitrust laws enjoy wide support among economists, there was almost no such support during the early years of the Sherman Act. One reason for this transformation is a change in the theory of competition. Until the 1920s most economists viewed competition as a dynamic, rivalrous process that would be stifled by antitrust laws. Once the perfect competition model–which largely ignores rivalry–was accepted, economists' opinions of antitrust grew more favorable. To the extent that antitrust interferes with rivalry and enterprise, the competitive model has very likely misdirected the profession, at least as far as antitrust policy is concerned.     

Linking Federally Assisted Housing with Services for Frail Older Persons

Advocates of policies designed to link federally assisted housing with social services for the frail elderly have encountered barriers such as the historical separation of housing and services, political and bureaucratic fragmentation, and budget constraints. Over a 20-year period, they have attempted to address these issues by identifying the nature and extent of the problem, creating workable models, and developing a political constituency. Major reform, however, occurred only in 1990 when Congress passed the landmark National Affordable Housing Act (NAHA) which provided an "open policy window" for supportive housing legislation. NAHA's passage, however, still left many issues unresolved (e.g., targeting and funding for services). The future challenge is to develop new models of supportive housing and provide a range of residential settings and portable services to increase the choices for frail older persons.     

Linking federally assisted housing with services for frail older persons

Advocates of policies designed to link federally assisted housing with social services for the frail elderly have encountered barriers such as the historical separation of housing and services, political and bureaucratic fragmentation, and budget constraints. Over a 20-year period, they have attempted to address these issues by identifying the nature and extent of the problem, creating workable models, and developing a political constituency. Major reform, however, occurred only in 1990 when Congress passed the landmark National Affordable Housing Act (NAHA) which provided an "open policy window" for supportive housing legislation. NAHA's passage, however, still left many issues unresolved (e.g., targeting and funding for services). The future challenge is to develop new models of supportive housing and provide a range of residential settings and portable services to increase the choices for frail older persons.     

CARBON GEOGRAPHY: THE POLITICAL ECONOMY OF CONGRESSIONAL SUPPORT FOR LEGISLATION INTENDED TO MITIGATE GREENHOUSE GAS PRODUCTION

Over the last 5 years, the U.S. Congress has voted on several pieces of legislation intended to sharply reduce the nation's greenhouse gas emissions. Given that climate change is a world public bad, standard economic logic would predict that the United States would “free ride” and wait for other nations to reduce their emissions. Within the Congress, there are clear patterns to who votes in favor of mitigating greenhouse gas emissions. This paper presents a political economy analysis of the determinants of “pro‐green” votes on such legislation. Conservatives consistently vote against such legislation. Controlling for a representative's ideology, representatives from richer districts and districts with a lower per‐capita carbon dioxide footprint are more likely to vote in favor of climate change mitigation legislation. Representatives from districts where industrial emissions represent a larger share of greenhouse gas emissions are more likely to vote no. (JEL Q54, Q58, R50)     

BIRTHS, DEATHS, AND MARRIAGES IN THE U.S. COMMERCIAL BANKING INDUSTRY

Regulatory change not seen since the Great Depression swept the U.S. banking industry beginning in the early 1980s and culminated with the Interstate Banking and Branching Efficiency Act of 1994. This article examines whether deregulation affected new charter (birth), failure (death), and merger (marriage) rates of U.S. commercial banks from 1978 to 2004 after controlling for bank performance and state economic activity. We find strong evidence that intrastate and interstate deregulation stimulated marriages, but not births or deaths. Finally, temporal causality tests show that mergers temporally lead to new charters and that failures lead to mergers (a demonstration effect) . ( JEL G21, L51)     

BUSINESS RESOURCES AND TAXATION: A CROSS-SECTIONAL EXAMINATION OF THE RELATIONSHIP BETWEEN ECONOMIC ORGANIZATION AND PUBLIC POLICY

Many writers have speculated about the connection between economic resources of corporations and their ability to dominate politics in democratic societies with advanced capitalist economies. Using a cross-sectional analysis of business taxes in the American states, this study examines the political impact of four economic resources that are plausibly related to heightened business political influence. With seven factors held constant, I find that states with larger enterprises are most likely to have lower taxes on manufacturing, but concentrated sales do not have any effect on these taxes. The degree to which the organizational efforts of firms are handicapped because industry products are diverse also has an independent relationship with state and local taxes paid by manufacturers, but this relationship does not hold when the least industrial states are excluded from the equations. I also find that where competition between political parties is most intense, tax policies will be less likely to favor business interests. It follows that the evidence in this study is consistent with a hypothesis that firms can translate their formidable economic resources into political influence at the state and local level.     

STATUS POLITICS AND THE POLITICAL AGENDA OF THE CHRISTIAN RIGHT

Status politics has been used by scholars to explain social protest movements, particularly those that have been right-wing in orientation. In recent years, some scholars have placed the Christian Right within the context of status politics, while others have suggested it is erroneous to do so. This article examines the applicability of status politics to the Chrisitan Right from the perspective of the political agenda the movement has pushed in the Congress. The argument is that status politics fails to explain adequately the moral, nonsymbolic, and "offensive" dimensions of the Christian Right.     

DOES ANTIREGIME ACTION UNDER COMMUNIST RULE AFFECT POLITICAL PROTEST AFTER THE FALL?

This article addresses the effects of political protest at a certain time on the actors' protest at a later time. I argue that if there is an effect it is indirect: political protest leads to a change in certain variables that affect participation at a later time. In a first step, these variables are specified, based on previous research. It is assumed that public goods preferences (i.e., political, economic, social discontent, and political alienation), weighted by perceived personal influence, a felt obligation to protest, and integration into protest-promoting networks are the major causes for participation in political protest. In a next step, I propose a theory specifying the effects of protest participation on these variables. The hypotheses are tested by panel data collected in Leipzig (East Germany) referring to the situations of 1989 and 1993. The most important results are that participation in antiregime action in 1989 led to political, social, and economic satisfaction and increased perceived political influence in 1993. There were no effects of participation in the protests in 1989 on accepting felt obligations to protest and on integration into protest-promoting networks in 1993.     

Impact of the reversal of the migration situation on the social structures of certain countries: the case of Italy

During the past 20 years, Italy has changed from being a country with well-established traditions of emigration to a country of destination. Italy had achieved 1 of the highest economic growth rates in the world. Conditions in Italy are favorable for hundreds of thousands of immigrants from developing countries. Most immigrants settle in large cities and in the South; most are in Italy illegally, performing jobs which Italians do not want. The Act n.943 of January 27, 1987, 1 of the most advanced and most liberal unilateral legal texts has 2 sections: 1) the 1st section establishes regulations governing the admission and residence of foreigners and conditions under which they may enter employment and 2) the 2nd section concerns the regularization of all situations involving the illegal presence of the hundreds of thousands of workers who arrived in Italy before 1987. During the 1st year of implementation, the Act proved to be ideologically enviable but unsuitable in practice. Specifically, Italian consulates in developing countries have received very few applications for permanent residence permits, while clandestine immigration is continuing. Also, only about 14% of clandestine immigrants who arrived before 1987 have regularized their situations. Insufficient information and excessive red tape in the regularization procedures contributed to these results. However, the fundamental cause of failure is economic: migrants know that regularization would keep them out of the labor market and be followed by loss of job and unemployment. Italians are uninterested in the role of immigrants as new members of society; the migrants, in turn, do everything possible not to draw attention to their presence and their diversity. Still, most Italians view immigrants with suspicion. To prepare for the future, account must be taken of possible fluctuations in the economic situation of expanding receiving countries and of the impact which these fluctuations may have on the degree of acceptance of immigrants. To solve these problems Italy must, 1) have a rational, realistic, and comprehensive approach to medium-term planning;2) use official development assistance to carry out labor-intensive projects in the partner country, to reduce the pressure to migrate; 3) base the planning of migration policy on the establishment of admission criteria for immigrants; 4) treat immigrants fairly and promote integration that respects their cultural identity; and 5) achieve international and multilateral coordination and consultation for migration policies.     

The money laundering control act and proposed amendments: Its impact on the casino industry

In their efforts to track unreported income, Congress passed the Money Laundering Control Act in 1985. Because they are often involved in large cash transactions, casinos were required to report on cash transactions in amounts of $10,000 or more in much the same manner as banks and other financial institutions. However, because of the unique nature of cash and chip transactions within modern casinos, the Act, or state variants of it, have created significant compliance costs for casinos. This analysis examines the implications of the Act for the casino gaming industry, and evaluates some of the recent suggested Amendments to the Act.     

Women’s work: public relations efforts of the US Children’s Bureau to reduce infant and maternal mortality, 1912–1921

This article traces the efforts of the US Children’s Bureau to reduce infant and maternal mortality, primarily through education. The Bureau developed and carried out a carefully conceived public relations campaign that spanned nearly 10 years, from 1912, when the Bureau was formed, to 1921, when the Sheppard-Towner Act was passed by Congress. The Act was the first piece of social welfare legislation passed by Congress.The Bureau’s public relations campaign was notable for its use of innovative tactics designed to increase public awareness of the problems of infant and maternal mortality and gain support for passage of legislation to address the problems. This article proposes that it was this campaign that galvanized public support for federal legislation, particularly among women. The campaign also was important because it was conceived and carried out almost entirely by women at a time when public relations as a field had not been formally defined.