the gains from self ownership and the expansion of women s rights throughout history wives have been the property of their husbands only in the past two centuries has this institution broken down in the world s most developed regions in america and england the doctrine of coverture restricted women s choices in virtually every aspect of their lives until the beginning of the 20th century a married woman a feme covert could not make contracts buy and sell property sue or be sued or draft wills joel p bishop 1875 john c wells 1878 john f kelly 1882 her husband owned any wages she earned and he controlled any property she brought to the marriage a husband also could control his wife s economic activities outside the home such as limiting a particular shopkeeper from selling to his wife marylynn salmon 1986 even in the rare case of divorce the children of the marriage fell under the father s custody today the doctrine of coverture is extinct in most developed countries women now control rights to themselves and the products of their labor no formal restrictions remain on a woman s ability to own or convey title to land or other forms of real property women are able to contract freely and enforce their contractual rights no formal restrictions remain on a woman s capacity to sue or be sued in tort rape is no longer a crime against a husband s property interest in his wife but a crime in which the woman is the sole victim no formal restrictions limit a woman s ability to alienate her labor and own the wages she earns whether married or single women today have practically all the rights of their male counterparts we use a property rights analysis to explain the demise of coverture in the united states we characterize the modern property rights structure to human beings as a system in which all adults are self owners men and women have essentially equal rights and are able to contract fully inside and outside of marriage so marriage is a share contract douglas w allen 1992 coverture in contrast to self ownership is characterized as a principal agent system in which the man husband legally owned his wife and her flow of value under coverture a wife was an agent severely constrained by the system of property rights which denied her the right to freely choose human capital investments and consumption as well as to capture the full returns from her actions the husband s economic ownership was imperfect however allowing the woman to deviate from the man s directives human ownership regimes are important because they affect incentives to acquire and develop human capital t w schultz 1968 stanley engerman 1973 in particular we argue that economic growth with attendant increases in wealth and specialized markets leads geddes department of policy analysis and management cornell university 107 mvr hall ithaca ny 14853 and hoover institution e mail rrg24 cornell edu lueck montana state university and university of virginia school of law e mail lueck virginia edu geddes was supported by the earhart foundation lueck was supported as john m olin faculty fellow at the yale law school cynthia powell hui ping chao and mary godfrey provided research assistance we have also benefited from comments from doug allen lee alston ian ayres david barker parantap basu gary becker mary beth combs lee craig joe ferrie andy hanssen gillian hamilton shawn kantor dean lillard robin lumsdaine steve margolis joel mokyr bart moore lee redding glen whitman paul zak two anonymous referees and participants in numerous seminars and conferences 1 while married women s property belonged to their husbands most single women were dependents of their male relatives although a single woman legally had the same property rights as a man powerful norms and private restrictions severely limited the rights of divorcees spinsters and widows mary beth norton 1980 2 we recognize a potential divergence between economic and purely legal rights because enforcement costs limit the application of legal doctrine yoram barzel 1977 here however we treat economic and legal rights as virtually synonymous since coverture codified customs and norms and because coverture s restrictions extended beyond the family into markets and society

equal pay by gender and by nationality a comparative analysis of switzerland s unequal equal pay policy regimes across time what explains the adoption of two different policies on equal pay by gender epg and by nationality epn in switzerland and why is the liberal litigation based equal pay policy regime set up by the gender equality act of 1996 much less effective than the neocorporatist accompanying measures to the bilateral european union switzerland agreement on free movement of persons adopted in 1999 to ensure equal pay for workers of different national origins the formation of two different policy regimes cannot be explained by different levels of political will equally different varieties of capitalism cannot explain the setup of the two different equal pay policy regimes within the very same country instead our qualitative comparative analysis across time suggests that the differences can be best explained by a particular constellation of attributes namely the use of different policy frames that is anti discrimination in the epg and unfair competition in the epn case and the different setting of interest politics epitomised by the opposite stances adopted by switzerland s employer associations in the two cases

what does she see in him the effect of sharing on the choice of spouse all husbands and wives share in the spoils of marriage sharing makes each partner a residual claimant and encourages spouses to provide marital inputs however because each spouse is only a partial residual claimant each may be inclined to provide a suboptimal level of marital inputs the choice of spouse influences the level of distortion and under some circumstances the eficient mating is between individuals of equal value people tend to end up choosing partners of approximately their own social worth romantic choices appear to be a delicate compromise between one s desire to capture an ideal partner and one s realization that he must eventually settle for what he deserves

productivity gains from geographic concentration of human capital evidence from the cities abstract based on recent theoretical developments the argument is made that the average level of human capital is a local public good cities with higher average levels of human capital should therefore have higher wages and higher land rents after conditioning on the characteristics of individual workers and dwellings this prediction is supported by data for standard metropolitan statistical areas smsas in the united states where the smsa average levels of formal education and work experience are used as proxies for the average level of human capital the alternative explanations of omitted smsa variables and self selection are evaluated an estimate of the effect of an additional year of average education on total factor productivity is computed

bilateral treaties and the most favored nation clause the myth of trade liberalization in the nineteenth century textbook accounts of the anglo french trade agreement of 1860 argue that it heralded the beginning of a liberal trading order this alleged success holds much interest from a modern policy point of view for it rested on bilateral negotiations and most favored nation clauses with the help of new data on international trade the ricardo database the authors provide empirical evidence and find that the treaty and subsequent network of mfn trade agreements coincided with the end of a period of unilateral liberalization across the world they also find that it did not contribute to expanding trade at all this is contrary to a deeply rooted belief among economists economic historians and political scientists the authors draw a number of policy lessons that run counter to the conventional wisdom and raise skepticism toward the ability of bilateralism and mfn arrangements to promote trade liberalization

a short history of the gender wage gap in britain after closing dramatically during world war two the gender wage gap gwg was roughly constant in the decades prior to the equal pay act it closed substantially in the mid 1970s due to the act but the subsequent rate of narrowing has been very slow despite improvements in equal opportunities legislation and convergence in men s and women s educational attainment and work experience within cohort the gwg increases until employees reach their 40s after which it falls the gwg has closed across birth cohorts at all points in the adult life cycle but it remains substantial among those born in 1958 the raw gwg was 16 percentage points among workers aged 23 rising to 35 percentage points at 42 among those born 12 years later the gaps were 9 and 31 percentage points at age 26 and age 42 respectively regression adjustment for human capital investments reduces the size of the gap especially when accounting for full time work experience where differences open up between men and women in mid life following divergence of gender roles in the home results are insensitive to adjustments for sample attrition the gwg is a little larger early in the life cycle in both birth cohorts when accounting for non random selection into employment but selection plays no role later in life policy options for closing the remaining gap are considered

constructing polities and markets an institutionalist account of european integration as institutions and governance structures develop in modern markets they tend to feed back onto economic activity through such feedback loops market and political arenas can develop symbiotically into relatively coherent fields that gradually embed actors orientations and activities using these insights this article develops and tests a theory of european integration focusing on the case of the european community the first pillar of the european union traders organized interests courts and the ec s policy making organs over time have produced a self sustaining causal system that has driven the construction of the european market and polity the generality of this explanation to a sociology of markets and polity building projects is discussed in the conclusion

bargaining and distribution in marriage the standard economic model of the family is a common preference model that assumes that a family maximizes a single utility function and implies that family behavior is independent of which individuals receive income or control resources in recent years this model has been challenged by game theoretic models of marriage that do not impose pooling and are therefore consistent with empirical evidence that income controlled by husbands and wives does have different effects on family behavior in this paper the authors review a number of simple bargaining models and relevant empirical evidence and discuss their implications for distribution within marriage

equal pay as a moving target international perspectives on forty years of addressing the gender pay gap this paper provides an overview of the key factors impacting upon the gender pay gap in the uk europe and australia forty years after the implementation of the first equal pay legislation the pay gap remains a key aspect of the inequalities women face in the labour market while the overall pay gap has tended to fall in many countries over the past forty years it has not closed in some countries it has been stubbornly resistant or has even widened in reviewing the collection of papers that make up this special issue we identify four broad themes with which to group the contributions and draw out the explanations for diverse trends theoretical and conceptual debates legal developments and their impacts wage setting institutions and changing employer demands and newly emerging pay inequalities between and within educational and ethnic groups across the four themes we underline how the trends in the gender pay gap capture the dynamism of inequalities as the market power of different groups and stakeholders changes over times three key dimensions emerge from the papers to provide a framework for future research and policy discourse the relationship between litigation and bargaining strategies the interaction between wage setting institutions and new organisational practices and the increasing and range of diversity or equality strands competing for equal treatment we conclude that progress towards closing the gender pay gap will not be easy will require a collective effort of various actors and will not be quick

increasing returns path dependence and the study of politics it is increasingly common for social scientists to describe political processes as path dependent the concept however is often employed without careful elaboration this article conceptualizes path dependence as a social process grounded in a dynamic of increasing returns reviewing recent literature in economics and suggesting extensions to the world of politics the article demonstrates that increasing returns processes are likely to be prevalent and that good analytical foundations exist for exploring their causes and consequences the investigation of increasing returns can provide a more rigorous framework for developing some of the key claims of recent scholarship in historical institutionalism specific patterns of timing and sequence matter a wide range of social outcomes may be possible large consequences may result from relatively small or contingent events particular courses of action once introduced can be almost impossible to reverse and consequently political development is punctuated by critical moments or junctures that shape the basic contours of social life

the mobility of labor and capital a study in international investment and labor flow list of tables acknowledgements introduction 1 foreign investment a neglected variable 2 the use of foreign workers 3 the new immigration 4 the globalization of production implications for labor migration 5 the rise of global cities and the new labor demand 6 the reconcentration of capital in the united states a new investment zone conclusion notes references index

yours mine and ours do divorce laws affect the intertemporal behavior of married couples divorce laws establish spouses individual property rights over household resources and determine when divorce is allowed this paper examines how such laws inuence the intertemporal behavior and the welfare of u s married couples i build a model of household choice about consumption labor supply and divorce under multiple divorce law regimes and i estimate it using exogenous variation in u s divorce laws from the 1970s to the 1990s couples responded to equal division of property and unilateral divorce by increasing tangible assets up to 19 which suggests the presence of a strong income eect for the primary earner and by reducing female employment by over 5 percentage points because the threat of divorce granted additional bargaining power to married woman the bargaining weight of women implied by these responses in the model corresponds to a third of the weight of men this indicates that equal division of assets beneted women when it was

a theory of trade policy leadership abstract this paper constructs a two country model of bilateral trade negotiations in the presence of political uncertainty to demonstrate that unilateral trade liberalization may be an optimal policy for a large country the political uncertainty is due to producer opposition to trade agreement ratification in the foreign country unilateral liberalization by the home country has a salutary effect on negotiations because it mitigates the pain of potential ratification failure on the foreign country it also promotes foreign ratification because it effectively punishes foreign import competing producers for lobbying against an agreement these benefits are shown to outweigh up to a point the terms of trade cost that the home country must suffer when it actually liberalizes unilaterally in equilibrium therefore we see a pattern in which the home country unilaterally liberalizes for several periods until ratification in the foreign country succeeds at which point foreign country finally reciprocates we also demonstrate that contrary to the standard optimal tariff result there may be an inverse relationship between the home country s monopoly power and its optimal unilateral tariff

women s liberation what s in it for men the nineteenth century witnessed dramatic improvements in the legal rights of married women given that these changes took place long before women gained the right to vote they amounted to a voluntary renouncement of power by men in this paper we investigate men s incentives for sharing power with women in our model women s legal rights set the marital bargaining power of husbands and wives we show that men face a tradeoff between the rights they want for their own wives namely none and the rights of other women in the economy men prefer other men s wives to have rights because men care about their own daughters and because an expansion of women s rights increases educational investments in children we show that men may agree to relinquish some of their power once technological change increases the importance of human capital we corroborate our argument with historical evidence on the expansion of women s rights in england and the united states

are litigation and collective bargaining complements or substitutes for achieving gender equality a study of the british equal pay act we present a socio legal case study of the recent equal pay litigation wave in britain which saw an unprecedented increase in the number of claims triggered in part by the entry of no win no fee law firms into this part of the legal services market although the rise in litigation led to greater adversarialism in pay bargaining litigation and collective bargaining mostly operated as complementary mechanisms in advancing an equality agenda although there are limits to the effectiveness of law driven strategies in the face of organisational pressures to canalise and diffuse human rights litigation may be a more potent force for social change than some recent accounts have suggested

welfare effects of british free trade debate and evidence from the 1840s the classical economists engaged in a vigorous debate over whether britain s tariff reductions in the 1840s should be made contingent on tariff liberalization abroad some notably robert torrens believed that a unilateral tariff reduction would so deteriorate british terms of trade as to outweigh efficiency gains and make the country worse off in this paper britain s foreign trade elasticities are estimated for this period in a simultaneous equation model they are used in a simple general equilibrium model that explicitly takes the terms of trade into account to assess the welfare impact of tariff reductions the results indicate that britain would have been made worse off from a unilateral tariff reduction however foreign tariff reductions mitigated the terms of trade deterioration and could easily have made britain better off

human capital accumulation and the expansion of women s economic rights abstractbetween 1850 and 1920 most u s states enacted laws expanding the rights of married women to own and control their separate property and to own their market earnings the economic approach to property rights implies that as married women gain economic rights the incentive to invest in girls human capital will rise this prediction is tested by examining the impact of these legal changes on girls school attendance rates relative to boys state level census data are used to examine the effects of these changes on school attendance among all school aged children integrated public use microdata series data are used to examine their effect on school attendance among children ages 15 19 who are just beyond compulsory schooling ages consistent with hypothesized effects the empirical analysis shows that expanding women s economic rights resulted in higher relative rates of school attendance by girls and had the largest effect on the 15 19 age group

the enfranchisement of women and the welfare state abstract we offer a rationale for the decision to extend the franchise to women within a politico economic model where men are richer than women women display a higher preference for public goods and women s disenfranchisement carries a societal cost men and women are matched within households which are the center of the decision process we derive the optimal tax rate under two alternative regimes a males only enfranchisement regime and a universal enfranchisement regime the latter is associated with a higher tax rate but as industrialization raises the reward to intellectual labor relative to physical labor women s relative wage increases thus decreasing the difference between the tax rates when the cost of disenfranchisement becomes higher than the cost of the higher tax rate which applies under universal enfranchisement the male median voter is better off extending the franchise to women a consequent expansion of the size of government is only to be expected in societies with a relatively high cost of disenfranchisement we empirically test the implications of the model over the 1870 1930 period we proxy the gender wage gap with the level of per capita income and the cost of disenfranchisement with the presence of catholicism which is associated with a more traditional view of women s role and thus a lower cost the gender gap in the preferences for public goods is proxied by the availability of divorce which implies marital instability and a more vulnerable economic position for women consistently with the model s predictions women s suffrage is correlated positively with per capita income and negatively with the presence of catholicism and the availability of divorce while women s suffrage increases the size of government only in non catholic countries

precision guided or blunt the effects of us economic sanctions on human rights this study analyzes the consequences of economic sanctions for the target country s human rights situation we offer a political economy explanation for different types of human rights infringements or improvements in reaction to economic shocks caused by sanctions based on that explanation we derive hypotheses linking sanctions to four types of human rights economic rights political and civil rights basic human rights and emancipatory rights we use endogenous treatment regression models to test those hypotheses by estimating the causal average treatment effect of us economic sanctions on each type of human rights within a uniform empirical framework unlike previous studies we find no support for adverse effects of sanctions on economic rights or basic human rights once the endogenous selection of sanctioned countries is modelled with respect to women s rights our findings even indicate a positive effect of sanctions that is associated with improvements in women s economic rights only our results for political rights and civil liberties suggest significant deterioration under economic sanctions we conclude that it is important to account for the potential endogeneity of economic sanctions and to distinguish different dimensions of human rights as the effects of economic sanctions along those dimensions may vary considerably

the 40 year pursuit of equal pay a case of constantly moving goalposts progress towards equal pay is elusive this article reviews debates on and prescribed remedies for gender pay equality over the past 40 years of equal pay policy it looks at pay from four perspectives the economic the sociological the institutional and the organisational and explores how and why once an apparent remedy for unequal pay is pursued the goalposts tend to shift the argument is made that the difficulties in securing long term progress may be attributed to a number of factors including the multifaceted nature of pay as a social phenomenon the challenge of pursuing social objectives in a rapidly changing and fragmenting environment the need for political will not technical solutions to achieve redistribution and the potential for gender inequalities to re emerge in new forms

retrospectives challenges to free trade the recent theoretical literature on strategic trade policy suggests that government intervention in international trade has the potential to be welfare improving government promotion of exports from imperfectly competitive industries for example may enable domestic firms to capture economic rents from foreign firms thereby increasing national welfare in addition active responses to foreign protection by a policy of reciprocity may be required to prevent a loss of domestic welfare although these findings may bring into question the traditional economic case for free trade many economists doubt that these theories provide sound guidance for trade policy economists in the nineteenth century also argued about whether theoretical justifications for tariffs compromised the case for free trade this paper discusses two older debates somewhat related to the current focus on strategic industries and reciprocity and concludes with an observation about how developments in economic theory affect economists view of policy

women s liberation as a financial innovation in one of the greatest extensions of property rights in human history common law countries began giving rights to married women in the 1850s before this women s liberation the doctrine of coverture strongly incentivized parents of daughters to hold real estate rather than financial assets such as money stocks or bonds we exploit the staggered nature of coverture s demise across u s states to show that women s rights led to shifts in household portfolios a positive shock to the supply of credit and a reallocation of labor toward nonagriculture and capital intensive industries investor protection thus deepened financial markets aiding industrialization

understanding the variations of unions litigation strategies to promote equal pay reflection on the british case despite their traditional mistrust of the use of the law and their uneasy relationship with the concept of equality british trade unions have used the law in various ways in order to advance both gender and pay equality since 1970 some trade unionists have been making use of european legislation to improve legal norms and build a strong body of case law they have developed legal expertise and detailed knowledge of the practicalities of the law and have supported numerous claims however this use of litigation has not developed consistently over time and across unions litigation has been quite controversial within the trade union movement this article seeks to investigate what are the conditions under which some trade unionists have decided to rely upon litigation to further their female members interests depending on the time period the article emphasises the crucial role these local trade unionists have played in the development of equal pay litigation the paper builds on a developmental approach that differentiates several stages or phases in which union s litigation strategies for equal pay figure differently

the strength of a weak agency enforcement of title vii of the 1964 civil rights act and the expansion of state capacity 1965 1971 this article analyzes the anomalous case of early title vii enforcement to challenge the standard political institutional pi account of state capacity title vii prohibited employment discrimination but the equal employment opportunity commission was granted scant enforcement resources yet the early eeoc aggressively enforced and developed title vii to solve the anomaly the authors integrate insights from the literatures on social movements and the sociology of law in the absence of conventional administrative resources apparently weak state agencies can expand their capacity through the legal strategy of broad statutory construction this strategy is more likely with the presence of social movement pressure from below the authors argue that state capacity is a moving target with state and societal actors building on legal as well as administrative resources to construct and transform capacity by reconceptualizing state capacity the authors contribute to nuanced explanations of state policy

the structure and dynamics of eu federalism this article analyzes european union eu politics through the lens of comparative federalism the article assesses the contributions that rationalist and constructivist approaches can make to the analysis of eu federalism focusing on two broad questions first what explains shifts in authority from the state i e member states to the federal i e eu level second what explains the degree to which the federal government constrains state discretion this article develops testable hypotheses based on the rationalist and constructivist perspectives and presents a set of initial plausibility probes the article shows that there is considerable room for dialogue between rationalist and constructivist perspectives and together they can provide a more comprehensive explanation for the dynamics of eu federalism

property rights over marital transfers in developing countries the extent to which women possess property rights is shaped in large part by transfers received at the time of marriage focusing on dowry we develop a simple model of the marriage market with intra household bargaining in order to understand the incentives for brides parents to allocate the rights over the dowry between their daughter and her groom in doing so we clarify and formalize the dual role of dowry as a pre mortem bequest and as a market clearing price identified in the literature we use the model to shed light on the intriguing observation that in contrast to other rights women s rights over the dowry tend to deteriorate with development we show how marriage payments are utilized even when they are inefficient and how the marriage market mitigates changes in other dimensions of women s rights even to the point where women are worse off following a strengthening of such rights we also generate predictions for when marital transfers will disappear and highlight the importance of female human capital for the welfare of women

explaining variation in the use of european litigation strategies european community law and british gender equality policy through the examination of one of the most successful cases of a european community ec law litigation strategy this article develops a general framework for understanding when and how the ec legal system will be successfully used by domestic groups to challenge national policy the authors show how the european legal system actually shifted the domestic balance of power in favor of equality actors allowing a previously weak domestic group to influence the united kingdom s gender equality policy at the height of conservative party rule expanding beyond the british case the article develops a series of hypotheses about when the ec legal tool is likely to be used by groups to influence national policy hypotheses that could account for cross national variation in the impact of european court of justice jurisprudence on domestic policy in areas outside of equality policy

intrahousehold bargaining female autonomy and labor supply theory and evidence from india standard models of labor supply predict that unearned income decreases labor supply we propose an alternative noncooperative household model in which a woman s unearned income improves her autonomy within the household which raises her gains from working and can increase her labor supply we find empirical support for this model using women s exposure to the hindu succession act in india as a source of exogenous variation in their unearned income exposure to the hindu succession act increases a woman s labor supply by between 3 8 and 6 1 percentage points particularly into high paying jobs autonomy increased by 0 17 standard deviations suggesting that control of income is a potential channel for these effects thus policies that empower women can have an additional impact on the labor market which can further reinforce autonomy increases