Abstract Public opinion is doubly important for reintegration, as it shapes both the policy and the stigma environments that people with criminal records must face. Nowhere are the policy and stigma environments bleaker than for record holders convicted of sex crimes. Drawing on the theory of compassion collapse (or psychic numbing) and using experimental data from a national survey, we examine the

Government responses to the Covid-19 pandemic in the Nordic states—Denmark, Finland, Iceland, Norway, and Sweden—exhibit similarities and differences. This article investigates the extent to which crisis policymaking diverges from normal policymaking within the Nordic countries and whether variations between the countries are associated with the role of expertise and the level of politicization. Government

This article analyzes whether, and if so, why, national inspectorates adopt different enforcement strategies when controlling the provision of welfare services, such as health care, eldercare, and the compulsory school. The findings show that the Swedish Schools Inspectorate uses a predominantly strict strategy, while the Health and Social Care Inspectorate relies on a more situational strategy. To

Abstract Security messages, as a form of information security awareness training, are designed to encourage individuals to make an informed security decision, reducing their susceptibility to online victimization. To date, no known study has assessed the effectiveness of security messages or whether the effectiveness of these messages varies based on the recipients’ characteristics. Using a randomized

Abstract Satisfaction from police performance in cases that are screened out from police investigation is low, particularly for victims who report online. In a randomized controlled trial, we report the impact of reassurance telephone callbacks on satisfaction scores for victims of vehicle crime in London, United Kingdom. Evidence suggests that reassurance callbacks cause victims to express more favorable

Abstract Although diversifying the criminal justice apparatus may yield more equitable outcomes, empirical tests of how prosecutors’ race affects their decisions are limited. Informed by Internalized Racism Theory (IRT), we hypothesized that Black prosecutors would be most punitive toward Black defendants, followed by Latino/a defendants, and least toward White and Asian defendants. Employing hierarchical

In the recent past, European states have adopted mandatory due diligence (MDD) laws for holding companies accountable for the environmental and human rights impacts of their supply chains. The institutionalization of the international due diligence norm into domestic legislation has, however, been highly contested. Our contribution analyzes the discursive struggles about the meaning of due diligence

Published in Justice Quarterly (Ahead of Print, 2022)

Public legitimation of legal decisionmaking can be promoted through various strategies. We examine strategies of legitimation that are premised on personalizing the public image of legal agents. A personalized public administration emphasizes individual decisionmakers and seeks legitimacy through familiarity with the character, identity, and virtues of individual agents, whereas a non-personalized

The need to better balance the promotion of scientific and technological innovation with risk management for consumer protection has inspired several recent reforms attempting to make regulations more flexible and adaptive. The pharmaceutical sector has a long, established regulatory tradition, as well as a long history of controversies around how to balance incentives for needed therapeutic innovations

OBJECTIVE Should forensic evaluators convey empathy during forensic assessments? Opponents contend that empathy causes harm by leading evaluees to disclose potentially incriminating information, but proponents hold that empathy is crucial for establishing rapport and conveying respect. This study provides a comprehensive examination of experienced forensic evaluators' use of empathy in forensic assessment

OBJECTIVES We tested the effect of true and fabricated baseline statements from the same sender on veracity judgments. HYPOTHESES We predicted that presenting a combination of true and fabricated baseline statements would improve truth and lie detection accuracy, while presenting a true baseline would improve only truth detection, and presenting a fabricated baseline would only improve lie detection

Abstract Traditional forms of community supervision focusing on control and punitive functions have been shown to be ineffective in improving client outcomes. In response, several officer training programs, including the Strategic Training Initiative in Community Supervision (STICS), Effective Practices in Community Supervision (EPICS), and Staff Training Aimed at Reducing Re-arrest (STARR) models

Abstract In the face of growing diversity in marital and cohabiting relationships, the impact of romantic partnerships on criminal desistance may likewise have grown complex. This study investigates how premarital cohabitation and serial cohabitation might influence criminal behavior. We also examine the role of gender in the desistance process. Using data from the National Longitudinal Study of Adolescent

Abstract Policies implemented to control the COVID-19 (C19) pandemic have faced public resistance. We examined this issue via an experimental vignette study embedded in a May 2020 national (U.S.) survey conducted by YouGov. Specifically, we explore how the public perceived a local policymaker proposing a C19-related isolation policy, based on the policy’s invasiveness or its punitivity. We find that

In several recent cases involving claims that security-clearance decisions violated plaintiffs’ constitutional rights, courts have seemed more willing to scrutinize these decisions, which are usually seen as unreviewable. This Essay analyzes these cases and argues that federal courts are competent to review substantiated claims of constitutional-rights violations in security-clearance decisions. 

Abstract Evidence on how hot spot policing affects community members’ views of police is very limited and inconclusive. Scholars have thus called for further study of community attitudes in hot spots to guide police in the formulation of hot spot strategies—an issue that is especially salient given recent public controversy surrounding policing, particularly in the United States. Using survey responses

This paper investigates the regulation of publicly organized early childhood education and care (ECEC) in Denmark and Sweden, through the regulatory welfare state (RWS) framework. The analysis focuses on how alterations in funding and quality of care are shaped by governmental and nongovernmental actors at national and local levels of government. Through focused structured analysis, we examine how

Abstract Much scholarship has discussed how the expansion of the carceral state in the U.S. has consequences for other facets of the democracy. Specifically, felony disenfranchisement laws create a class of “carceral citizens” comprised disproportionately of racially minoritized individuals, and voter ID laws likewise closely mirror racialized segregation efforts that parallel the effects of justice

Abstract This study explores whether Americans’ punitiveness and perceptions of redeemability are shaped more by the type of crime committed or by judgements about an offender’s moral character. Guided by theories of neoliberalism, we focus on laziness as an indicator of flawed character that is independent of criminality. A sentencing vignette experiment administered to a national sample of the U

Abstract Amid the growing recognition of the limits of excessive criminal punishment, scholars have begun to assess public support for restrictive and punitive laws and other collateral consequences of a criminal conviction. Building on this work, we analyze data from an original survey of U.S. residents (N = 1,002) to assess support for 23 specific social, legal, and health consequences across 11

Abstract Although prior studies have examined the association between the presence of various types of business facilities and crime in place, less attention has been paid to how the effects of businesses can be temporally different based on their age. We focus on four consumer-facing business types: 1) retail, 2) service, 3) restaurant, and 4) food and drug stores. For each type, we construct block

This article addresses the issue of renewing a sense of vocation in finance. Drawing on experiences in the UK, Australia, and Ireland, three common law jurisdictions at various phases of developing “an ethical esprit de corps” to professionalize the banking industry, it argues that adopting some aspects of a profession, a “trajectory towards professionalization” of the banking industry, could serve

Abstract Environmental criminological research includes several perspectives that explain how characteristics of the environment can lead to crime. This study simultaneously integrated these different perspectives, including crime generators and attractors and environmental disorder indicators, to determine the most influential, salient, and consistent predictors of micro-level crime hot spots in Indianapolis

Abstract Victimization is associated with a cascade of negative outcomes, and the literature has been enriched by research that situates victimization in the life context of key social groups such as children, youth, women, and veterans. Yet, less is known about violent victimization in the context of prisoner reentry. Using longitudinal data documenting reentry experiences, the current study examines

Abstract Institutional Anomie Theory (IAT) proposes high violent crime rates are due partially to imbalances in societal institutions, specifically the dominance of the economy over non-economic institutions. Tests of IAT have focused largely on the absolute strength of the economy, which ignores the core argument of institutional imbalance and the possibility that institutional preferences may not

Abstract Self-injurious thoughts and behaviors (SITB) are prevalent within the criminal justice system, and formal justice involvement exacerbates SITB risk. Nevertheless, there is a lack of understanding about public perceptions of offenders with SITB. Using a sample of 2,097 U.S. residents, this randomized controlled trial evaluates public perceptions of relevant criminal justice outcomes and offender

OBJECTIVE In 2007, Congress changed the military's sexual assault laws as part of an effort to improve sexual assault case processing. This study looked at the U.S. Army law enforcement investigative finding for every sexual assault reported to the Army from 2004 through June 2012, along with every nonsexual assault. Our objective was to measure whether the legal intervention affected the investigative

OBJECTIVES To determine whether prosocial rule-breaking exists as a separate construct from antisocial rule-breaking and to develop a valid rule-breaking scale with prosocial and antisocial subscales. HYPOTHESES We hypothesized that (a) rule-breaking would have prosocial and antisocial subfactors; (b) the prosocial rule-breaking subscale would positively associate with prosocial intentions, empathy

OBJECTIVE Law enforcement officers often encounter alcohol-intoxicated suspects, suggesting that many suspects are presented with the challenge of grasping the meaning and significance of their Miranda rights while intoxicated. Such comprehension is crucial, given that Miranda is intended to minimize the likelihood of coercive interrogations resulting in self-incrimination and protect suspects' constitutional

OBJECTIVES In cases of child neglect, intervention depends on accurate identification and reporting. Prior work has shown that individuals, especially those of high socioeconomic status (SES), conflate poverty and neglect when making identification and reporting decisions. The COVID-19 pandemic led to changes in people's experiences with poverty, likely influencing their ability to distinguish poverty

We inform our readers that we have found an article in our pages, Capano and Pritoni (2020), to have sentences of identical text to an article published by the same authors in another journal (Capano et al. 2020). The overlap is considered by the Editors to be minor. We have reproduced the overlapping text below with the appropriate citation to the Journal of Public Policy article:

Many voluntary sustainability standards govern opaque environmental and social issues, which are difficult to understand and address. Extant studies show mixed evidence around the effectiveness of such standards. We develop a theoretical framework that relates different degrees and types of opacity to standard effectiveness. Systemic opacity results from issues embedded in complex, diverse, and dynamic

Regulatory sandboxes have become the latest development in regulatory reform, starting first in financial regulation and now expanding to other sectors. While sandboxes offer notable potential benefits for managing emerging technologies, achieving desirable policy outcomes with this novel regulatory instrument also comes with technical and political challenges. This article offers a framework to characterize

Are stronger direct financial incentives or regulatory enforcement effective in reducing fatalities in the construction industry? We examine two important policies—state workers' compensation (WC) programs and federal and state Occupational Safety and Health Administration (OSHA) activities—which embody those strategies. We examine their impact by looking at state-level fatality rates in the construction

Over the past three decades the Latin American region has experienced various regulatory reforms, and distinctive normative changes have been introduced in the framework, instruments, or procedures adopted by independent regulatory agencies (IRAs). While there is evidence that the establishment of an IRA positively affects regulated sector performance, little is known about the effects of these additional

Do governance reforms affect public acceptance of regulatory decisions, and if so, how? We tackled this critical but under-studied question through a pair of linked survey experiments on public attitudes toward the reform of European Union (EU) pesticides regulation among a representative sample of the adult population in six EU member states. We tested the expectation that citizens are more likely

With the emergence of mass arbitration, companies that once promoted arbitration now seek to block employees from arbitrating claims. This Essay argues that employees have a right to mass arbitrate their claims because mass arbitration is a concerted activity protected by the National Labor Relations Act.

Regulatory intermediaries have received attention in the analysis of different policy fields recently. Yet, their role in morality-based national governance arrangements is hardly addressed, neither is the question of how regulators incorporate stigmatized private actors. The current special issue contributes to closing this research gap by examining the three-party relationship between public regulators

The Yale Law Journal is thrilled to present a Special Issue on the Law of the Territories, w…

The U.S. acquired its first overseas territory—the island of Navassa, near Haiti—by conceptualizing it as property, rather than a piece of sovereign territory. The story of Navassa shows how the concept of property is central to the law of the territories—and, perhaps, a useful tool going forward.

This Article calls on the Supreme Court to overrule—rather than repurpose—the Insular Cases, and it points to constitutional doctrines beyond their reach that can preserve cultural practices without spawning a crisis of political illegitimacy in the unincorporated territories.  

The Article questions the wisdom of urging judicial overthrow of the Insular Cases without a rubric for the many doctrinal universes that might emerge from such an intervention. Ill-considered judicial intervention will pose a grave threat to procedurally legitimate self-determination and to path-dependent interests with roots in that troubled framework.  

Centering on the wide-ranging implications of the Supreme Court’s decision in Rice v. Cayetano, this Article argues that the Court’s race jurisprudence threatens Indigenous self-determination and land rights in the territories. It concludes by offering several strategies that litigants can use to protect Indigenous rights within the existing doctrinal landscape.  

Abstract The objective of this study was to determine whether sex moderates the indirect effect of depression on delinquency via cognitive impulsivity and if so, whether the effect is stronger in girls than in boys. Participants for this study were 845 (406 boys, 439 girls) middle school students who completed surveys annually between the sixth and eighth grades. A moderated mediation analysis revealed

Among the major decisions any legal system must make is deciding whether to establish general courts with broad jurisdiction, or specialized courts with limited jurisdiction. Under one influential argument—advanced by both judges and legal theorists—general courts foster coherence within the legal system. This Article identifies a distinct effect of establishing general courts: the “complementarity

The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act was supposed to eliminate forced arbitration of cases involving sexual misconduct. This Essay explains why the Act fails to do so. In addition, it outlines what lawmakers and courts can do to fix this problem.

Abstract Using data from two statewide surveys conducted in 2018 and 2020, this study explores the characteristics of adults who racialize serious crime arrestees and examines if racialization influences worry of victimization in minority neighborhoods. Results show a significant increase in perceptions of Whites as the largest portion of arrestees, suggesting a reduction in racialization. Those who

Nothing can fix what that day broke inside of me and in every child in that school. My biggest fear walking into school every day is not the homework or the tests. It is the fear that I will not…

Is racism in gun regulation reason to look to the Supreme Court to expand Second Amendment rights? While discussion of race and guns recurs across the briefs in New York State Rifle & Pistol Ass’n v. Bruen,[footnote-short-crop]No. 20-843 (argued Nov.…

Introduction Debates over delegation are experiencing a renaissance.[footnote-short-crop]See generally, e.g., F. Andrew Hessick & Carissa Byrne Hessick, Nondelegation and Criminal Law, 107 Va. L. Rev. 281 (2021); Julian Davis Mortenson & Nicholas Bagley, Delegation at the Founding, 121

Gun violence is the number one issue plaguing the city in this moment. — Mayor Lori Lightfoot, July 15, 2021[footnote-short-crop]Heather Cherone, “People are Scared,” Lightfoot Says, As Violence Continues to Surge, WTTW (July 15, 2021, 12:57 PM),…

Introduction What is the relationship between the Second Amendment right to bear arms and inequality? Scholarly silence suggests a conventional view that there is no relationship between the two. In this Essay, I argue that the Second Amendment is uniquely…

Introduction Gun rights supporters appear to be on the cusp of achieving a decades-long goal: defanging licensing laws nationwide for carrying handguns in public. More than twenty states have removed all licensing requirements for concealed carry, and most of the…

Introduction Like many places in central Louisiana, Grant Parish became a haven for oil and gas prospecting in the late 1890s. Once speculators discovered the rich reserves, they hoped the new industry would displace the plantation economy that had been…

For a significant portion of American history, gun laws bore the ugly taint of racism.[footnote-short-crop]On the racist history of gun laws, see generally Clayton E. Cramer, The Racist Roots of Gun Control, Kan. J.L. & Pub.…

The COVID-19 pandemic has highlighted the issue of mobilization policies, that is, government practices directed at making the mass public voluntarily perform various behaviors for the collective benefit during a crisis. As COVID-19 vaccinations became accessible, governments faced the challenge of mass vaccination mobilization in order to achieve herd immunization. Aiming to effectively realize this

Abstract There remain serious concerns about the potential for pretrial risk assessments to exacerbate racial disparities. Yet, current evidence on differential prediction in pretrial risk assessments is limited. The present investigation tests for differential prediction by race as an indication of bias in Indiana Risk Assessment System–Pretrial Assessment Tool (IRAS-PAT) assessments. Using pooled

Abstract In the wake of the social justice movements experienced across the nation, a coordinated legislative campaign has been initiated to limit how topics related to race, racism, and gender can be discussed, taught, and researched within primary, secondary, and post-secondary education. Not only do these efforts reflect a serious attack on academic freedom, they threaten the principles of our democracy

Implementing precautionary measures that have obvious distributional consequences today but often only invisible future benefits is politically difficult. It requires that policymakers reconcile technocratic expertise with political consent. This paper traces attempts to enact such measures, focusing on countercyclical policies to limit the systemic risks of housing booms as proposed by financial stability