As scholars race to address the climate crisis, they have often treated the problem as sui generis and have only rarely sought to learn from prior efforts to make industrial operations greener. In this paper, we consider what can be learned from other shifts away from polluting substances. Drawing on literatures on corporate regulatory strategies and evolving regulatory interactions, we argue for a

Scholars of the US regulatory process routinely assert that rulemaking is “ossified”—that it has become so encumbered with procedural constraints that it is difficult for agencies to issue socially desirable regulations. Yet, this claim has rarely been subject to empirical testing, and this is particularly true at the sub‐federal (i.e., US state) level. But the same factors that allegedly cause ossification

How do citizens perceive labor market risks related to digitalization and the green transition, and how do these risk perceptions translate into preferences for social policies? We address these questions in this paper by studying the policy preferences of individual workers on how governments should deal with the two labor market challenges of digitalization and the green transition. Employing novel

A regulatory sandbox is an emerging tool for addressing the challenges posed by the FinTech industry, but countries have embraced it to varying degrees. There is a need to systematically examine the question: Which factors explain the diverging trajectories in countries' decision to use (or not use) this instrument? This paper examines the adoption of regulatory sandboxes for FinTech in the Baltic

In the United States, hate crimes that are motivated by religious bias disproportionately impact minoritized religious groups. This study investigates religious ecological predictors of hate crimes...

OBJECTIVE When an officer places a suspect in an identification procedure and the witness identifies the suspect, it falls on attorneys to make decisions that reflect the strength of that identification. The factor that most affects the strength of identification evidence is the likelihood that the suspect is guilty before being subjected to the procedure, which scholars refer to as the prior probability

OBJECTIVE People who have been wrongly incarcerated report exceptionally poor mental health, and despite having been exonerated, they face discrimination similar to other formerly incarcerated people when seeking housing and employment opportunities. The current audit study was designed to test whether exonerees likewise face discrimination when seeking mental health treatment. HYPOTHESES Therapists

Since the 1990s, the EU has attempted to create a common electricity market. However, EU legislators are unsatisfied by the results. We argue that differentiated implementation of directives over time creates path dependencies that entrench national differences. The actor constellation of parties and incumbent operators at the beginning of the liberalization path determines how well countries implement

This article reviews recent insights from the blooming Comparative Political Economy (CPE) literature on climate change with the aim to demonstrate the importance of integrating climate change into the field of CPE and to highlight the contributions of CPE to our understanding of the social and political obstacles to effective climate policies. In addition, we advance two key points to bring the CPE

Legal cynicism refers to a general contempt of people toward the law and legal authorities. Gifford and Reisig proposed a scale to measure the construct and provided evidence for its multidimension...

Citizen trust in regulatory agencies is essential for the functioning of society and markets. Trust in regulatory agencies promotes compliance and strengthens trust in regulated sectors. Despite its importance, there is no systematic study on how trust is in this context can be measured best. In response, this article presents findings of a systematic review of measures of trust in regulatory contexts

Political decisions over economic growth policies influence the degree of bureaucratic autonomy and regulatory governance dynamics. Yet, our understanding of these processes in the Global South is somewhat limited. The article studies the post‐Global Financial Crisis period and relies on elite interviews and secondary sources from Turkey. It problematizes how an economic growth model dependent on foreign

OBJECTIVE The purpose of this study was to estimate the behavioral impacts of training police officers in implicit bias awareness and management. HYPOTHESES Training police in implicit bias reduces racial and ethnic disparities in stops, arrests, summonses, frisks, searches, and/or use of force. METHOD A cluster randomized controlled trial using the stepped wedge design was applied to 14,471 officers

OBJECTIVE Native Americans are vastly overrepresented in U.S. jails and people in rural communities face unique barriers (e.g., limited public transportation and services) that may impact how well pretrial risk assessments predict outcomes. Yet, these populations are understudied in the literature examining the predictive validity and, more importantly, the potential predictive bias of pretrial risk

OBJECTIVE Field research increasingly reveals that forensic evaluators are not interchangeable. Instead, they tend to differ in their patterns of forensic opinions, in ways that likely reflect something about themselves, not just the persons evaluated. This study used data from sexually violent predator (SVP) evaluations to examine whether evaluator differences in making intermediate decisions (e.g

Risk-needs assessments (RNAs) are an evidence-based practice used by practitioners to assign supervision and programming. While foundational to day-to-day practices, these tools are typically appli...

A significant amount of criminological research has focused on explaining the overrepresentation of Black individuals in crime, attributing them with disproportionate criminal involvement. However,...

OBJECTIVE This survey examined current law enforcement beliefs and practices about interviewing and interrogation to gauge whether they have evolved given the research and training developed over the past 20 years. HYPOTHESES We hypothesized that police beliefs and practices would have evolved along with research findings over the past 20 years. METHOD We surveyed 526 law enforcement officers about

Decentralized governance technologies like blockchains are often proposed as substitutes for private legal arrangements like those provided by company law or organizational law more generally. In established legal systems in developed countries, the costs of implementing such algorithmic mechanisms are likely to be greater than the agency or other costs that come from selecting and trusting an existing

This contribution considers the revolution in the concept and practice of trust in corporate governance that first moved from trust in “people” to trust in “compliance,” setting the stage for the digitization of trust measures and the digitalization of compliance. Part One examines the fundamental challenge, one that arises from the near simultaneous shift in cultural expectations about trust from

Freedom of information (FOI) laws empower citizens to access public information from public organizations, enhancing government transparency and accountability. Previous studies have evaluated government transparency and FOI compliance based on the proactive release of information and governments' responses to citizens' requests. This study extends prior research by focusing on regulatory compliance

This study examines how the public views gangs, surveying 1,000 US adults using a vignette of a teenage collective. Through a factorial design, elements crucial to gang definition debates were rand...

Monetary sanctions are a ubiquitous part of punishment in the criminal legal system. In recent years, highly publicized events have drawn attention to monetary sanctions at the intersection of pove...

A considerable amount of work has focused on “regulatory innovation” in the social sciences. This scholarship has conceptually defined certain types of regulatory changes as innovations and explored how regulation, as a policy instrument, alters the pace of technological innovation. More recently, a renewed interest for policy mixes and more dynamism in industrial innovation policies around the world

Headlines frequently call attention to the frustrations that many in the community express when members of law enforcement use force. Some believe that the police frequently use excessive force, an...

A wealth of studies has discussed the impact of different regulatory regimes on firms, but have ignored the differences in citizens' attitudes toward firms in different regulatory regimes. Exploring these attitudes is crucial to understanding the micro‐effects of regulatory regimes and market developments. This study aims to investigates the impact of regulatory regimes on citizens' trust in regulated

Policy growth comes with multiple challenges for policy implementation. Congested policy portfolios increase the likelihood of interactions and contradictions between different policy objectives and instruments. Moreover, policy growth can lead to difficulties during implementation when many public and private organizations must cooperate and manage increasing complexity and overlapping responsibilities

Many are well-acquainted with Justice Brandeis’s metaphor that states serve as laboratories o…

author. Circuit Judge, United States Court of Appeals for the Ninth Circuit; Law Clerk for Just…

This Article illustrates how contracts between local governments—interlocal agreements (ILAs)—play a powerful lawmaking function yet lack democratic accountability.  It traces the problem to state statutory schemes, where checks designed to promote transparency are ignored by state officials and courts, enabling undemocratic local power by virtue of state silence.

City subunits may facilitate municipal objectives of service provision and democratic governance. Different types of subunits risk various conflicts with their constituents and the city that hosts them. This Feature analyzes sources of those conflicts and reforms to address them, and argues for city deference to subunits in limited cases.  

State-level public utility commissions regulate our energy systems. But they are often viewed as ill-equipped to address climate change. This Feature counters that conventional wisdom by uncovering a forgotten history of New York’s energy transition, revealing that public utility’s potential to facilitate a clean-energy transition is broader than we imagine.

Current law makes it easy to sue cities. Too easy. While suing federal and state governments is notoriously difficult, various doctrines open courthouse doors to taxpayers, homeowners, and politically favored groups suing local governments. These doctrines further strengthen powerful actors, weaken cities’ ability to initiate reforms, and undermine local democracy.

author. Robert R. Slaughter Professor of Law, Yale Law School; Law Clerk for Justice Sandra …

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 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

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

Although jurisdictions across the U.S. have implemented pretrial justice reforms with varying support from lawmakers across the political divide, there is limited research exploring public opinion ...

Research on neighborhood immigration and crime rarely tests cultural explanations for the null or inverse associations typically found. We examine if support for the code of the street and measures...

Structural-cultural perspectives link contextual characteristics to interactions with associates who transmit definitions favorable to crime, thus influencing behavior. Drawing on this, we predict ...

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

Published in Justice Quarterly (Ahead of Print, 2024)

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

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

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

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 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.

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.

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.  

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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...

abstract. Employment at will is legally and politically entrenched. It is the default terminat…

abstract. Critiqued as a blank check for judicial intervention, the absurdity canon has been …

OBJECTIVE The present study examined the relationship between legislative revisions regarding sexual offenses and the release decisions and recidivism rates of individuals convicted of sexual offenses. In 2008, the Austrian government passed a package of revised criminal laws aiming to decrease incarceration rates. At the same time, connecting recidivism risk to professional risk management efforts

OBJECTIVE Competence to proceed (CTP) is a constitutional protection intended to facilitate fairness and dignity of court proceedings. Researchers have estimated that between 60,000 and 94,000 defendants are evaluated for CTP each year. Yet no research has systematically identified the number of evaluations conducted each year, despite their critical role and many profound implications. We used large-scale

OBJECTIVE We conducted three preregistered studies to examine whether victims of crime are more receptive to apologies in victim-offender mediation if they feel they know the "whole" truth about a crime. HYPOTHESES We predicted that making salient the completeness (vs. incompleteness) of knowledge about a crime would lead victims to (a) have a greater sense of truth knowing and (b) view an apology