Stabilizing flows in the legal field: illusions of permanence,intellectual property rights and the transnationalization of law

In this article I examine some of the problems that ‘modern’ legal theory poses for a consideration of the extended reach of social actors and institutions in time and space. While jurisprudence has begun to engage with the concept of globalization, it has done so in a relatively limited manner. Thus legal theory's encounters with highly visible transnational practices have, for the most part, resulted not in challenging the prevailing formal legal paradigm, but in a renewed if slightly modified search for a general jurisprudence that ultimately takes little account of the manner in which the work of law is carried out transnationally. In the first part of this article I examine how legal theory's concern to maintain its own integrity places limitations on its ability to examine the permeability of social boundaries. In the latter part I draw on critical human geography, post–structuralism and actor–network theory (ANT), to examine the manner in which transnational actors have been able to mobilize law, and in particular intellectual property rights (IPRs), as a necessary strategy for both maintaining the meanings of bio–technologies through time and space, and enrolling farmers into particular social networks.     

Yardstick competition and political agency problems

We examine how yardstick competition between jurisdictions affects the agency problem resulting from uncertainty about politicians (adverse selection) and their policies (moral hazard). We find that yardstick comparison can contribute both to disciplining and to selecting politicians.Earlier versions of this paper have circulated as Queen Mary Working Paper No. 444 and CORE Discussion Paper 2002/29. We would like to thank our editor, Maurice Salles, two anonymous referees, Mark Armstrong and Enrico Minelli for helpful comments and suggestions. We would also like to thank seminar participants at CORE, Queen Mary, Marseilles, and the 2002 Public Economic Theory conference, Université Paris 1.     

Which is the ‘self’ in ‘self‐interest’?

This article contends that homogenisation of the term ‘self‐interest’– in sociological and economic discourse – has resulted in many misconceptions about what particular doctrines of ‘self‐interest’ were instituted to achieve at certain historical periods and in specific cultural milieux. At its worst, the article argues, this has led to a misunderstanding of the import of particular doctrines of self interest,which are read in terms of general tradition – such as that which views self‐interested conduct as a natural faculty – rather than in terms of the context specific aims of those advocating them. The article attempts to show how, historically, there have been quite significant changes in the characterisation of the ‘self’ deemed to be ‘self‐interested’. In particular, it focuses on the ‘self’ of certain early modern conceptions of self interest, and suggests this creation is best viewed not as a subjectivity transcendentally presupposed by experience, but as one historically cultivated to counter the exigencies of particular circumstances – the disaster of perpetual ‘warre’ in 17th century Europe – and to meet the purposes of a certain way of life – existence in the civitas.     

Multiple imputation of missing data with ante-dependence covariance structure

A controlled clinical trial was conducted to investigate the efficacy effect of a chemical compound in the treatment of Premenstrual Dysphoric Disorder (PMDD). The data from the trial showed a non-monotone pattern of missing data and an ante-dependence covariance structure. A new analytical method for imputing the missing data with the ante-dependence covariance is proposed. The PMDD data are analysed by the non-imputation method and two imputation methods: the proposed method and the MCMC method.     

Robust confidence interval for a residual standard deviation

The residual standard deviation of a general linear model provides information about predictive accuracy that is not revealed by the multiple correlation or regression coefficients. The classic confidence interval for a residual standard deviation is hypersensitive to minor violations of the normality assumption and its robustness does not improve with increasing sample size. An approximate confidence interval for the residual standard deviation is proposed and shown to be robust to moderate violations of the normality assumption with robustness to extreme non-normality that improves with increasing sample size.     

The State of Care Management in Learning Disability and Mental Health Services 12 Years into Community Care

This paper reports on the organization of care management froma longitudinal study of community care for people resettledfrom long-stay learning disability and psychiatric hospitals.The findings from a 12-year follow-up of care management arrangementsin 12 learning disability and eight mental health study siteservices are described. The diversity of care management arrangementsfound at earlier points in the evaluation remained evident.Also, many of the former ‘care in the community’service users were excluded from mainstream care managementarrangements in their localities. The difficulty of developingperson-centred arrangements in learning disability and the lackof integration of the Care Programme Approach and care managementwere evident. The findings and observations are placed in thewider policy and practice context, with suggestions for takingcare management forward nationally and locally.     

Uncertainty Analysis for Computer Model Projections of Hurricane Losses

Projecting losses associated with hurricanes is a complex and difficult undertaking that is wrought with uncertainties. Hurricane Charley, which struck southwest Florida on August 13, 2004, illustrates the uncertainty of forecasting damages from these storms. Due to shifts in the track and the rapid intensification of the storm, real-time estimates grew from 2 to 3 billion dollars in losses late on August 12 to a peak of 50 billion dollars for a brief time as the storm appeared to be headed for the Tampa Bay area. The storm hit the resort areas of Charlotte Harbor near Punta Gorda and then went on to Orlando in the central part of the state, with early poststorm estimates converging on a damage estimate in the 28 to 31 billion dollars range. Comparable damage to central Florida had not been seen since Hurricane Donna in 1960. The Florida Commission on Hurricane Loss Projection Methodology (FCHLPM) has recognized the role of computer models in projecting losses from hurricanes. The FCHLPM established a professional team to perform onsite (confidential) audits of computer models developed by several different companies in the United States that seek to have their models approved for use in insurance rate filings in Florida. The team's members represent the fields of actuarial science, computer science, meteorology, statistics, and wind and structural engineering. An important part of the auditing process requires uncertainty and sensitivity analyses to be performed with the applicant's proprietary model. To influence future such analyses, an uncertainty and sensitivity analysis has been completed for loss projections arising from use of a Holland B parameter hurricane wind field model. Uncertainty analysis quantifies the expected percentage reduction in the uncertainty of wind speed and loss that is attributable to each of the input variables.