Margaret F. Brinig

Domestic Elder Abuse and the Law

OBJECTIVES The authors evaluated the impact of state adult protective service legislation on rates of investigated and substantiated domestic elder abuse. METHODS Data were collected on all domestic elder abuse reports, investigations, and substantiations for each US state and the District of Columbia for 1999. State statutes and regulations pertaining to adult protective services were reviewed. RESULTS There were 190 005 domestic elder abuse reports from 17 states, a rate of 8.6 per 1000 elders; 242 430 domestic elder abuse investigations from 47 states, a rate of 5.9; and 102 879 substantiations from 35 states, a rate of 2.7. Significantly higher investigation rates were found for states requiring mandatory reporting and tracking of numbers of reports. CONCLUSIONS Domestic elder abuse documentation among states shows substantial differences related to specific aspects of state laws.

The Bankruptcy Puzzle

This article offers new evidence on the determinants of U.S. consumer bankruptcy filing rates, which tripled from 1984 to 1991. The run‐up in filing rates does not appear to be a consequence of legal changes since the increase coincided with Bankruptcy Code amendments designed to reduce filing rates by rejecting opportunistic petitions. The run‐up also coincided with a major economic boom and crested with the 1991 recession. However, much of the variation in district filing rates is attributable to differences in social variables, and we suggest that changes in social norms might account for the increased bankruptcy filings. This article is therefore a contribution to social capital explanations of behavior.

No-fault laws and at-fault people

Absent transaction costs, the Coase Theorem suggests that divorce reform would work no change in the frequency of divorce but perhaps would alter the distribution of marital wealth. However, divorce does involve substantial process costs, which no-fault lowered. This paper explores the question of what happened to state divorce rates because of the legal changes wrought by the family law revolution that began in the 1970s, isolating the effect of the legal variable from other demographic and social factors that might also explain the variation in divorce rates across states and across time.

The Market for Deadbeats

This article outlines three explanations for why states seek migrants and tests them by reference to 1985-90 interstate migration flows. On race-for-the-top theories, states compete for value-increasing migrants by offering them healthy economies and efficient laws. On vote-seeking theories, states compete for clienteles of voters, with some states seeking to attract and some to deter welfare- or tax-loving migrants. On deadbeat theories, states compete for high human capital debtors by offering them a fresh start from out-of-state creditors. Our findings support vote-seeking and deadbeat theories.

Sex, Property Rights, and Divorce

This paper examines how differences in sex drives between husbands and wives affect bargaining strengths during marriage and particularly at times when divorce might occur. The basic argument follows from the fact that sex drives vary over an individuals life cycle, and are systematically different for men and women. The spouse having the lowest sex drive at any time in the marriage has a property right over whether or not sexual intercourse will occur, with a consequent increase in bargaining power at the margin. The paper derives a number of testable implications from its model, and, using several data sources, shows empirically how this difference affects marriage, adultery and divorce.

The price of virtue

This article offers new evidence on the determinants of U.S. unwed birth rates from 1981 to 1990. We show that illegitimacy rates are positively and significantly correlated with payments under the Aid to Families with Dependent Children program over a period in which real AFDC payments declined. We attribute this result to a decline in the social sanctions for illegitimacy. Because social sanctions declined, so did the cost of deviance, as well as the price for which unwed women sold their virtue.

Catholic Schools, Urban Neighborhoods, and Education Reform

More than 1,600 Catholic elementary and secondary schools have closed or been consolidated during the last two decades. The Archdiocese of Chicago alone (the subject of our study) has closed 148 schools since 1984. Primarily because urban Catholic schools have a strong track record of educating disadvantaged children who do not, generally, fare well in public schools, these school closures have prompted concern in education policy circles. While we are inclined to agree that Catholic school closures contribute to a broader educational crisis, this paper shies away from debates about educational outcomes. Rather than focusing on the work done inside the schools, we focus on what goes on outside them. Specifically, using three decades of data drawn from the census and from the Project on Human Development in Chicago Neighborhoods (“PHDCN”), we seek to understand what a Catholic school means to an urban neighborhood. We do so primarily by measuring various effects of elementary school closures in the Chicago neighborhoods where they operated for decades. We find strong evidence that Catholic elementary schools are important generators of social capital in urban neighborhoods: Our study suggests that neighborhood social cohesion decreases and disorder increases following an elementary school closure, even after controlling for numerous demographic variables that would tend to predict neighborhood decline and disaggregating the school closure decision from those variable as well. This paper discusses these findings and situates them within important land-use and education-policy debates.

Do Joint Parenting Laws Make Any Difference

Using a unique data set on divorcing couples, we analyze the effects of a change in legal entitlement on the outcomes for divorcing couples. In particular, we analyze the 1997 change to custody provisions in the State of Oregon. Prior to 1997, Oregon assigned custody, based on the discretion of the court, in the best interests of the child. This was changed to a presumption- of joint parenting, which manifests in the courts encouraging and imposing joint (or shared) custody in cases that otherwise would have had sole custody arrangements. We find that the law had several implications for divorce behavior: different custody outcomes (less sole custody to mothers, more sole custody to fathers), more mediation, longer times until the final divorce, and more acrimonious divorces (more abuse actions filed). We find no evidence that spouses attempted to bargain around the change of legal entitlement.

Welfare Magnets: The Race for the Top

Strong arguments may be made for the devolution of welfare responsibilities to the states. Given state misincentives, however, the federal government might reasonably prescribe spending ceilings, to prevent state overspending on welfare. Arguments for federally-prescribed minimum payouts are less persuasive. The most promising such argument claims that, absent a federal floor, states will cut benefits in a race to the bottom to prevent becoming a magnet for welfare-seeking migrants. This articles econometric study of the determinants of AFDC payouts finds no evidence that states react in this way. In any event, such problems might less intrusively be addressed through two-tier residency requirements.

The Public Choice of Elder Abuse Law

This interdisciplinary study finds that the way laws are written and treated by state regulators measurably affects bureaucratic performance: the care taken by legislatures and state agencies in developing domestic elder abuse law affects how lower‐level bureaucrats investigate and reporte abuse. Perhaps more interesting, however, are two robust findings about state law making. Both legislator characteristics (here, being middle‐aged or slightly older) and lobbying by seemingly the most important interest group (here, the American Association of Retired Persons [AARP]) sometimes have an unexpected effect. We surmise that these legislators and lobbyists find other issues both more politically attractive and more pressing since elder abuse is almost exclusively confined to the very old and helpless. However, the presence of state AARP lobbyists does predict more concern for the elderly at the administrative level. The difference between legislative and regulatory lobbying may thus reflect the differing public scrutiny given to the two.