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Therapeutic jurisprudence builds on the insight that the law can be seen to function as a kind of therapist, or therapeutic agent. Legal rules, legal procedures and the roles of legal actors (such as lawyers and judges), constitute social forces that, whether intended or not, often produce therapeutic or antitherapeutic consequences. Therapeutic jurisprudence calls for the study of these consequences with the tools of the behavioral sciences to identify them and to ascertain whether the law s antitherapeutic effects can be reduced, and its therapeutic effects enhanced, without subordinating due process and other justice values (Winick, 1997a). Therapeutic jurisprudence does not suggest that therapeutic considerations should trump other considerations. Therapeutic considerations are but one category of important factors, as are autonomy, integrity of the fact- nding process, and community safety. Therapeutic jurisprudence does not itself propose to resolve the value questions; instead, it sets the stage for their sharp articulation (Schopp, 1993; Wexler, 1992a). How to choose between competing therapeutic effects, and between con icting values when therapeutic considerations con ict with other considerations valued by law, has been raised as a concern in discussions of therapeutic jurisprudence (Kress, 1999; Schopp, 1999; Slobogin, 1995; Wexler, 1995; Winick, 1997a). The insanity defense, by producing self-attributional effects that may make it more dif cult for an individual relieved of criminal responsibility on this basis to control his future antisocial conduct, may be antitherapeutic, but abolition of the insanity defense may undermine the

[Girard] A. Girard, Passive Optical Networks Critical Issues Related to Technology and Testing, 2004 Fiber to the Home Conference, New Orleans, Paper F12. [GR-771] Generic Requirements for Fiber Optic Splice Enclosures, Teleordia Technologies, August, 1994. [IEEE] Institute of Electrical and Electronics Engineers, Standard 802.3ah, 2004. [In neon] Tri Port-BIDIw, www.in neon.com. [Jefferies] FTTx and Current Trends in Outside Plant Infrastructure Millenium Skyline Project Report, New York, Aug. 11, 2004. [Jensen] R. Jensen, Why Fiber Links Fail, Cabletesting.com, 2002. [Kaminow] S. E. Miller and I. P. Kaminow, Optical Fiber Telecommunications, Vol. II, Academic Press, 1988, 5. [Lucent] Technical Note, Laser Safety and Optical-Fiber Communication Systems, Microelectronics Group, Lucent Technologies, March, 1999. [Merel] R. Merel, private communication, February, 2005. [NECA/FOA-301] Installing and Testing Fiber Optic Cables, National Electrical Contractors Assoc. and Fiber Optic Assoc., 1998. [Poynton] C. Poynton, Digital Video and HDTV, Morgan Kaufman, San Francisco, 2003. [Render] Render, Vanderslice and Associates, Fiber to the Home The Third Network, Tulsa, December, 2004. [RHK] 2005 cost data from K. Liu, Ryan, Hanken and Kent, March 2005. [Shinohara] H. Shinohara, Broadband Expansion in Japan, Plenary presentation, OFC/ NFOEC Conference, Anaheim, March 8, 2005. [TIA/EIA 568.A] Commercial Building Wiring Standard, Telecomm Industry Assoc. and Electrical Industries Assoc., Jan. 1995. [TIA/EIA 568.B.3] Optical Fiber Cabling Standard, Telecomm. Industry Assoc. and Electrical Industries Assoc., April, 2000.

LIES, DAMNED LIES, STATISTICS (AND OCCUPATIONAL FRAUD)

Obviously, firms need to turn a profit in order to stay in business. And that means making sure that the price per unit that they charge for their products exceeds the cost per unit of making them. During a recession, lower aggregate demand means that firms reduce production and sell fewer units. As we discuss in the previous sections, wages are the largest component of most firms costs in fact, they re a full 70 per cent of the average firm s costs. If a firm can t cut wages for fear of causing worker productivity to drop, it also can t reduce its per-unit production costs very much. In turn, the firm can t cut its prices very much because prices have to stay above production costs if firms are to make a profit and stay in business. What does all this mean When demand drops off, prices are typically sticky. They stay high despite the fact that less demand exists for output in the economy. That s an underlying reason for the economy moving horizontally from point A to point B in Figure 6-5 after the negative demand shock. With prices sticky because firms can t cut wages, the negative demand shock results in a recession with output falling and unemployment rising because so many workers get fired. Worse yet, unless prices can somehow begin to fall, the economy isn t able to move from B to C to get back to producing at the full-employment output level (Y*). Prices do eventually fall, but this process can take a long time, meaning that the negative demand shock can cause a long-lasting recession.

contract with the government or through legislation, to keep inflation within a certain range, and are therefore very circumspect about increasing the money supply. The old German Bundesbank, which forms the model for the European Central Bank, had a reputation for managing the economy soundly in this way.

Goldstein Award Winners (December 2001), 3 62.