-
Being Better People: Drug Using Careers and Peyote Justice Quarterly (IF 2.6) Pub Date : 2024-06-27 Heith Copes, Curdajah Bonner, Jared Ragland, Peter S. Hendricks
Our aim is to understand how narratives relating to personal identities and specific drugs shape people’s drug using careers. To do this, we rely on data from a photo-ethnography of people who used...
-
The governing instruments for resilience in the neo-Weberian state: The challenge of integrating Ukrainian war refugees Regul. Gov. (IF 3.2) Pub Date : 2024-06-21 Andrej Christian Lindholst, Kurt Klaudi Klausen, Morten Balle Hansen, Peter Sørensen
The unsettling conditions of contemporary society, marked by recurrent transboundary crises and turbulence, stimulate discussions about the resilience of different governing models. Public bureaucracy and its governing instruments are confronted with the virtues and vices of models dominated by markets and networks. We present a case study demonstrating how the governing instruments within a system
-
Patterns of company misconduct, recidivism, and complaint resolution delays: A temporal analysis of UK pharmaceutical industry self‐regulation within the European context Regul. Gov. (IF 3.2) Pub Date : 2024-06-20 Shai Mulinari, Dylan Pashley, Piotr Ozieranski
Interfirm self‐regulation through trade associations is common but its effectiveness is debated and likely varies by time, country, and industry. This study examines self‐regulation of pharmaceutical marketing, characterized by delegation of major regulatory responsibilities to trade associations' self‐regulatory bodies. In addressing critical research gaps, this study first analyzes 1,776 complaints
-
Neighborhood Disadvantage, Social Groups, and Adolescent Violence: Assessing Mechanisms in Structural-Cultural Theories Justice Quarterly (IF 2.6) Pub Date : 2024-06-12 Kyle J. Thomas, Jennifer O’Neill, Matt Vogel
Structural-cultural perspectives link contextual characteristics to interactions with associates who transmit definitions favorable to crime, thus influencing behavior. Drawing on this, we predict ...
-
Using the institutional grammar to understand collective resource management in a heterogenous cooperative facing external shocks Regul. Gov. (IF 3.2) Pub Date : 2024-06-17 Damion Jonathan Bunders, Tine De Moor
Worker cooperatives in the gig economy can involve large and heterogeneous memberships, which makes them vulnerable to member opportunism depleting collective resources. External shocks may present another challenge for collective resource management. This raises the question of how heterogeneous cooperatives design rules to mitigate opportunistic behavior and whether these rules evolve in the face
-
Correction Justice Quarterly (IF 2.6) Pub Date : 2024-06-09
Published in Justice Quarterly (Ahead of Print, 2024)
-
The voice of implementation: Exploring the link between street-level integration and sectoral policy outcomes Regul. Gov. (IF 3.2) Pub Date : 2024-06-09 Christina Steinbacher
Ineffective policies plague democratic systems and challenge their legitimacy. While existing research highlights the importance of street-level bureaucrats (SLBs) as de facto “policymakers,” our understanding of SLBs' aggregate effects on policy outcomes remains limited. Therefore, this paper proposes a shift in perspective, redirecting attention from the micro level toward institutional structures
-
Regulatory agency reputation acquisition: A Q Methodology analysis of the views of agency employees Regul. Gov. (IF 3.2) Pub Date : 2024-06-09 Lauren A. Fahy, Erik-Hans Klijn, Judith van Erp
This article reports findings of a Q Methodology study in which we explored the opinions of employees from eight Dutch regulatory agencies on how agencies gain their reputation. This is the largest study to date examining employee's views on the relative importance of different factors in reputation acquisition by public organizations, and the first analyzing employees in regulatory agencies. Results
-
Mapping bureaucratic overload: Dynamics and drivers in media coverage across three European countries Regul. Gov. (IF 3.2) Pub Date : 2024-06-09 Alexa Lenz, Yves Steinebach, Mattia Casula
Bureaucratic overburdening has emerged as an important theme in public policy and administration research. The concept signifies a state where public administrators are overwhelmed with more tasks and responsibilities than they can effectively handle. Researchers attribute this phenomenon to several key factors, such as an increasing assault on the public sector, a growing volume of policies to enforce
-
How trust matters for the performance and legitimacy of regulatory regimes: The differential impact of watchful trust and good-faith trust Regul. Gov. (IF 3.2) Pub Date : 2024-06-05 Koen Verhoest, Martino Maggetti, Edoardo Guaschino, Jan Wynen
Trust is expected to play a vital role in regulatory regimes. However, how trust affects the performance and legitimacy of these regimes is poorly understood. Our study examines how the interplay of trust and distrust relationships among and toward political, administrative, and regulatory actors shapes perceptions of performance and legitimacy. Drawing on cross-country survey data measuring trust
-
The Glaring Gap in Tort Theory The Yale Law Journal (IF 5.2) Pub Date : 2024-05-31 Kenneth S. Abraham, Catherine M. Sharkey
The glaring gap in tort theory is its failure to take adequate account of liability insurance. We explain how to begin filling the gap in tort theory that results from omitting consideration of liability insurance, showing how liability insurance can appropriately figure in both deontic and consequentialist theories of tort.
-
The Past and Future of Universal Vacatur The Yale Law Journal (IF 5.2) Pub Date : 2024-05-31 Mila Sohoni
Universal vacatur is a legitimate part of administrative law’s remedial scheme, not a judicial invention. This Feature traces universal vacatur from the pre-APA period through Abbott Labs. It also juxtaposes the case against universal vacatur with the new major questions doctrine, showing that both centralize power in the Supreme Court.
-
Remembering In re Turner: Popular Constitutionalism in the Reconstruction Era The Yale Law Journal (IF 5.2) Pub Date : 2024-05-31 Lyle Cherneff
Relying on insights from Critical Race Theory and feminist legal theory, this Note presents a historical account of the underexamined movement to end racialized apprenticeship laws in the post-slavery era. The Note argues that our shared constitutional memory has been artificially narrowed by underconsideration of freedpeople’s constitutional theories and claims.
-
The Necessary and Proper Stewardship of Judicial Data Stanford Law Review Pub Date : 2024-05-31 Zachary D. Clopton & Aziz Z. Huq
Abstract not available
-
War Reparations: The Case for Countermeasures Stanford Law Review Pub Date : 2024-05-31 Oona A. Hathaway, Maggie M. Mills & Thomas M. Poston
Abstract not available
-
The Legal Crisis Within the Climate Crisis Stanford Law Review Pub Date : 2024-05-31 Mark Nevitt
Abstract not available
-
The Religious Exception to Abortion Bans: A Litigation Guide to State RFRAs Stanford Law Review Pub Date : 2024-05-31 Ari Berman
Abstract not available
-
Revisiting the Effect of Rapid Response on the Frequency of Reported Crimes Using an Instrumental Variable Approach Justice Quarterly (IF 2.6) Pub Date : 2024-06-02 Steven Briggs, Sarah Boonstoppel
Rapid response to emergency calls for service is among the most widely adopted crime prevention strategies used by police today while practitioners, policy makers, and researchers differ on its cri...
-
At Will as Taking The Yale Law Journal (IF 5.2) Pub Date : 2024-06-01 Gali Racabi
abstract. Employment at will is legally and politically entrenched. It is the default terminat…
-
Rationalizing Absurdity The Yale Law Journal (IF 5.2) Pub Date : 2024-05-31 Jim Huang
abstract. Critiqued as a blank check for judicial intervention, the absurdity canon has been …
-
Come together: Does network management make a difference for collaborative implementation performance in the context of sudden policy growth? Regul. Gov. (IF 3.2) Pub Date : 2024-05-31 Susanne Hadorn, Fritz Sager
Cooperative forms of policy implementation bear the promise of being an answer to the policy delivery challenge resulting from policy growth, with the quality of network management often rated as a key success factor. The positive relationship between network management and performance in networks, however, is primarily supported by theoretical reasoning rather than empirical evidence. The present
-
Governance transference and shifting capacities and expectations in multi‐stakeholder initiatives Regul. Gov. (IF 3.2) Pub Date : 2024-05-27 Johanna Järvelä
The governing attributes of authority, legitimacy, and accountability are essential to any type of governance to be able to function effectively. For public forms of governing, the attributes are part of the structures and institutions of democratic states, for example, through the tripartition of power, voting, and legal structures. For private forms of governance, such as multi‐stakeholder initiatives
-
School Honor Cultures and Violence: The Role of Cultural Orientation and Dispersion Justice Quarterly (IF 2.6) Pub Date : 2024-05-19 Andrew T. Krajewski, Robert H. Geibler, Bruce A. Jacobs, Mark T. Berg
We examine whether adolescents attending schools with honor-oriented cultures are more likely to engage in violence, net of their own honor attitudes. Studies typically estimate a culture’s strengt...
-
Incarceration without Dehumanization: Public Support for Policies to Reduce Correctional Officer Misconduct Justice Quarterly (IF 2.6) Pub Date : 2024-05-13 Alexander L. Burton, Justin T. Pickett, Cheryl Lero Jonson, Francis T. Cullen, Velmer S. Burton Jr.
Misconduct committed against incarcerated people is severe and dehumanizing. As the media has begun to shine light on correctional officer misconduct, corrections departments have started implement...
-
Understanding Willingness to Cooperate With Police: Current Perceptions of Bias Matter, But So Does Hope in Future Police Procedural Justice Justice Quarterly (IF 2.6) Pub Date : 2024-05-06 Adam Fine, Allison Cross, Kwan-Lamar Blount-Hill
To solve crime, police rely on the public’s willingness to cooperate (WTC). While scholarship has focused on how people’s current perceptions of police might impact their WTC, it is likely that the...
-
Ghostwriting Federalism The Yale Law Journal (IF 5.2) Pub Date : 2024-04-30 Adam S. Zimmerman
Drawing on interviews and historical accounts, this Article explains how federal agencies help states write legislation. Even as the Supreme Court has curtailed administrative power in the name of federalism, this Article shows how agency collaborations with statehouses may further values associated with federalism by encouraging accountability, deliberation, and experimentation.
-
Resisting Mass Immigrant Prosecutions The Yale Law Journal (IF 5.2) Pub Date : 2024-04-30 Eric S. Fish
Over the last two decades, U.S. courts have convicted hundreds of thousands of Latin American defendants for misdemeanor immigration crimes. This Article documents, analyzes, and draws lessons from immigrants’ defiance. In particular, the battles in California and Texas reveal several effective legal strategies for immigrant defendants to resist mass criminalization.
-
When the Sovereign Contracts: Troubling the Public/Private Distinction in International Law The Yale Law Journal (IF 5.2) Pub Date : 2024-04-30 Kate Yoon
The distinction between a state’s public and private acts is flimsy and unclear. Choosing to see an act as essentially private or public often obscures the other features that complicate that characterization. And selectively recognizing the private aspects of transactions has disproportionately subordinated Global South nations.
-
Rationalizing the Administrative Record for Equitable Constitutional Claims The Yale Law Journal (IF 5.2) Pub Date : 2024-04-30 Braden Currey
The APA’s conventional rules stem from traditional rules of relevancy for discovery, rather than a statutory mandate. The scope of evidentiary review for constitutional claims against agencies should be determined by decision rules for a particular claim, consonant with the underlying principles of the scope of review in administrative litigation.
-
Prisons as Laboratories of Antidemocracy The Yale Law Journal (IF 5.2) Pub Date : 2024-04-30 Brandon Hasbrouck
Jeffrey Bellin's Mass Incarceration Nation robustly analyzes how state and federal policies have combined to drive up prison populations. Mass incarceration represents a failure of democracy, but the repressive policies of American prisons represent an even graver threat as laboratories of antidemocracy that export these policies to the body politic.
-
Real-World Prior Art Stanford Law Review Pub Date : 2024-04-30 Jonathan S. Masur & Lisa Larrimore Ouellette
Abstract not available
-
Tribal Representation and Assimilative Colonialism Stanford Law Review Pub Date : 2024-04-30 Elizabeth Hidalgo Reese
Abstract not available
-
Meaningful Machine Confrontation Stanford Law Review Pub Date : 2024-04-30 Benjamin Welton
Abstract not available
-
Optimism in International Human Rights Law Scholarship Am. J. Int. Law (IF 2.7) Pub Date : 2024-04-29 Başak Çalı
As a field of practice, international human rights law (IHRL) is in constant motion. The four books under review explore the legal, political, and civic dynamics that continuously shape and reshape this vibrant area of law. In this Essay, I underscore two important trends in contemporary IHRL scholarship that these books highlight. First, these works share a strong emphasis on agency, understood as
-
How to Get the Property Out of Privacy Law The Yale Law Journal (IF 5.2) Pub Date : 2024-04-22 Jane R. Bambauer
Privacy law emphasizes control over “your” data, but requiring consent for each data use is unprincipled, not to mention utterly impractical in the AI era. American lawmakers should reject the property model and use a framework that creates defined zones of privacy and clear safe harbors, irrespective of consent.
-
ARTificial: Why Copyright Is Not the Right Policy Tool to Deal with Generative AI The Yale Law Journal (IF 5.2) Pub Date : 2024-04-22 Micaela Mantegna
This Essay critiques the inadequacy of copyright law to address the challenges Generative Artificial Intelligence (GAI) poses. By analyzing copyright law’s frictions and inconsistent treatment of technical terms, and challenging the definitions of creativity, this Essay establishes a taxonomy of individual- and society-level rationales against using copyright to regulate GAI.
-
The Ethics and Challenges of Legal Personhood for AI The Yale Law Journal (IF 5.2) Pub Date : 2024-04-22 Hon. Katherine B. Forrest (Fmr.)
AI’s increasing cognitive abilities will raise challenges for judges. “Legal personhood” is a flexible and political concept that has evolved throughout American history. In determining whether to expand that concept to AI, judges will confront difficult ethical questions and will have to weigh competing claims of harm, agency, and responsibility.
-
Constructing AI Speech The Yale Law Journal (IF 5.2) Pub Date : 2024-04-22 Margot E. Kaminski, Meg Leta Jones
This Essay advocates for a “legal construction of technology” approach to AI speech, challenging the notion that technology disrupts law and emphasizing how law shapes technology based on societal value. Applying the method to four different legal constructions of AI, the authors examine AI within First Amendment jurisprudence, content moderation, risk regulation, and consumer protection, highlighting
-
Disentangling Leviathan on its home turf: Authority foundations, policy instruments, and the making of security Regul. Gov. (IF 3.2) Pub Date : 2024-04-23 Andreas Kruck, Moritz Weiss
Making security has been Leviathan's home turf and its prime responsibility. Yet, while security states in advanced democracies share this uniform purpose, there is vast variation in how they legitimize and how they make security policies. First, the political authority of elected policy‐makers is sometimes superseded by the epistemic authority of experts. Second, states make security, in some instances
-
Bankruptcy by Another Name The Yale Law Journal (IF 5.2) Pub Date : 2024-04-16 Anthony J. Casey, Joshua C. Macey
A recent essay in this Journal critiques bankruptcy for limiting the litigation system’s ability to promote noneconomic public-policy goals. This Response argues that bankruptcy can and does further these public values, and that it is reasonably easy to tweak bankruptcy law to accommodate these goals more effectively.
-
Can We Save Our Foodways? The Inflation Reduction Act, Climate Change, and Food Justice The Yale Law Journal (IF 5.2) Pub Date : 2024-04-17 Daniel Cornelius, Steph Tai
This Essay examines USDA programs supported by the Inflation Reduction Act and its approach toward addressing climate change and historical funding inequities for Indigenous and Black Farmers. It also argues for how the next Farm Bill can expand upon these efforts to further address inequities and promote climate resilience.
-
The Board of Trade and the regulatory state in the long 19th century, 1815–1914 Regul. Gov. (IF 3.2) Pub Date : 2024-04-17 Perri 6, Eva Heims
How does regulatory statehood develop from the regulatory work which governments have always done? This article challenges conventional views that regulatory statehood is achieved by transition to arm's length agencies and that it replaces court-based enforcement or displaces legislatures in favor of less accountable executive power. To do so, we examine the major 19th-century surge in development
-
History and Tradition’s Equality Problem The Yale Law Journal (IF 5.2) Pub Date : 2024-04-11 Cary Franklin
This Essay identifies a key feature of the Court’s new history-and-tradition doctrine that has not yet attracted significant attention: outcomes in history-and-tradition cases (involving guns, abortion, etc.) are often driven by hidden, contemporary judgments about equality—judgments whose implications may extend far beyond these cases.
-
Making History The Yale Law Journal (IF 5.2) Pub Date : 2024-04-11 Melissa Murray
foreword What is history but a fable agreed upon? —Napoleon Bonaparte. Introduct…
-
Unraveling how intermediary-beneficiary interaction shapes policy implementation Regul. Gov. (IF 3.2) Pub Date : 2024-04-09 Cynthia L. Michel
As a result of policy growth, implementing agencies often face new mandates without the necessary capacity expansion to comply with, thus resorting to intermediaries. However, intermediaries are not innocuous to the implementation process, especially when they are expected to play the double role of target and intermediary, responsible for translating/interpreting regulation for beneficiaries. How
-
-
What’s in a Label? Public Use and Perceptions of Labeling Alternatives in Criminology Justice Quarterly (IF 2.6) Pub Date : 2024-04-04 Megan Denver, Abby Ballou, Samuel E. DeWitt
Research indicates that crime-first language (“criminal”) increases stigma, but there is limited evidence comparing person-first language (“person with a conviction”) to other non-deviant terminolo...
-
A Mixed-Methods Study of Early Intervention System Policy, Supervisory Review Practices, and Effectiveness Justice Quarterly (IF 2.6) Pub Date : 2024-04-02 Christi L. Gullion, Jason R. Ingram
Early Intervention (EI) systems are police accountability tools widely used to identify and address at-risk officers. Studies have yet to incorporate supervisory review practices into EI evaluation...
-
Social Framework Testimony and Race Salience: Examining Bias Correction in the Current Context Justice Quarterly (IF 2.6) Pub Date : 2024-04-01 Evelyn Maeder, Susan Yamamoto
This juror-simulation study tested whether expert testimony about police relations with Black/Indigenous persons would mitigate potential verdict discrepancies by making race a salient issue, and w...
-
Property and Sovereignty in America: A History of Title Registries & Jurisdictional Power The Yale Law Journal (IF 5.2) Pub Date : 2024-03-31
What is the source of jurisdictional power, or the power to say what the law is and give it force in a territory? This Article examines how this fundamental attribute of sovereignty historically arose, in America, from property and property institutions-- especially the local, mundane, overlooked and bureaucratic title registry.
-
Brandeisian Banking The Yale Law Journal (IF 5.2) Pub Date : 2024-04-01 Kathryn Judge
For much of the twentieth century, banking law used an array of carrots and sticks to create a banking system that was both very stable and highly decentralized. This history is key to understanding how banking law has, and could again, serve Brandeisian aims.
-
Why data about people are so hard to govern Regul. Gov. (IF 3.2) Pub Date : 2024-04-01 Wendy H. Wong, Jamie Duncan, David A. Lake
How data on individuals are gathered, analyzed, and stored remains largely ungoverned at both domestic and global levels. We address the unique governance problem posed by digital data to provide a framework for understanding why data governance remains elusive. Data are easily transferable and replicable, making them a useful tool. But this characteristic creates massive governance problems for all
-
Private Equity and the Corporatization of Health Care Stanford Law Review Pub Date : 2024-03-31 Erin C. Fuse Brown & Mark A. Hall
Abstract not available
-
Disrupting Utility Law for Water Justice Stanford Law Review Pub Date : 2024-03-31 Sharmila L. Murthy
Abstract not available
-
Tribal Trademark Law Stanford Law Review Pub Date : 2024-03-31 Anthony Hernandez
Abstract not available
-
Tar Heel Constitutionalism: The New Judicial Federalism in North Carolina The Yale Law Journal (IF 5.2) Pub Date : 2024-03-29
Like many other state constitutions, the North Carolina Constitution contains unique provisions guaranteeing individual rights not present in the U.S. Constitution. This Essay explores the extent to which political and civil rights in the North Carolina Constitution have been enforced by the state supreme court in modern times.
-
The “Bounds” of Moore: Pluralism and State Judicial Review The Yale Law Journal (IF 5.2) Pub Date : 2024-03-29 Leah M. Litman, Katherine Shaw
This Essay examines a potential version of the “independent state legislature theory” (ISLT) that, were it adopted, could require states to adopt particular interpretive methods for state laws regarding federal elections. That ISLT variant, however, has no basis in history, federalism, or democracy.
-
Deceptive choice architecture and behavioral audits: A principles‐based approach Regul. Gov. (IF 3.2) Pub Date : 2024-03-27 Stuart Mills
Regulators are increasingly concerned about deceptive, online choice architecture, including dark patterns and behavioral sludge. From a behavioral science perspective, fostering a regulatory environment which reduces the economic harm caused by deceptive designs, while safeguarding the benefits of well‐meaning behavioral insights, is essential. This article argues for a principles‐based approach and
-
Involving citizens in regulation: A comparative qualitative study of four experimentalist cases of participatory regulation in Dutch health care Regul. Gov. (IF 3.2) Pub Date : 2024-03-27 Bert de Graaff, Suzanne Rutz, Annemiek Stoopendaal, Hester van de Bovenkamp
The literature on responsive regulation argues that citizens should be involved in regulatory practices to avoid capture between regulator and regulatee. It also argues that including citizens can add an important perspective to regulatory practices. However, we know little about how citizens' perspectives are brought into regulatory practices. This paper draws on existing qualitative research to compare
-