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 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

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

The likelihood that longevity will continue to increase has generated a search for regulation that make people work longer as they live longer, and thus not just containing pension expenditure but also enlarging labor supply, economic growth, and tax revenue. In public pension policy, Nordic countries have led the world with three types of approaches aimed at making people retire later. The first came

Scholars of regulation have long engaged with behavioral oriented research to assess its value for regulatory theory and practice. This book review discusses two recent publications in this area: Nudge: The Final Edition by Richard Thaler and Cas Sunstein (2021) and The Behavioral Code: The Hidden Ways the Law Makes Us Better or Worse by Benjamin van Rooij and Adam Fine (2021).

The need for supranational regulatory capacity and the drive for governmental control are two colliding forces in international governance. As a solution to this governance dilemma, European administrative networks need to simultaneously fulfill the demand for supranational institutions and maintain governmental control. The assessment of risks associated with medicines authorized on the European market

The entry of gig-platforms to labor markets world-wide has caused significant frictions with national institutions and regulators, including trade unions. In this article, we compare the interactions between taxi and food delivery platforms with the industrial relations (IR) systems of Denmark and Sweden, where we observe isolated instances of unions striking collective agreements with platforms. We

A controversial U.S. Supreme Court decision in Kelo v. City of New London (2005) which did not limit the use of state's eminent domain powers, led to an unprecedented legislative reaction by almost all 50 states. Of all, New York State stands out as one of the single states not to respond with a legislative amendment. In this study, I ask whether the state's predation was greater in the years following

Private standards play an increasingly important governance role, yet their effects on state-led policymaking remain understudied. We examine how the operation of private agricultural standards influences multilateral pesticide governance with a particular focus on the listing of substances under the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides

Gene drive technology is a nascent biotechnology with the potential to purposefully alter or eliminate a species. There have been broad calls for engagement to inform gene drive governance. Over the past seven years, the gene drive community has been developing risk assessment guidelines to determine what form future gene drive risk assessments take, including whether and how they involve engagement

Public procurement is a large sector of the economy with most procurement going to the defense sector. Procurement by the defense sector includes purchases made through contracts to private businesses that manufacture durable goods. Manufacturing of these goods results in pollution production with toxic wastes being among the most dangerous pollutants for public health. Despite green purchasing policy

An extensive debate has emerged in recent years about the relative merits of behavioral policy instruments (nudges) aimed at changing individual behavior without coercion. In this article, we examine public support for non-deliberative nudges and deliberative nudges and compare them to attitudes toward top-down regulation and free choice/libertarian options. We also examine whether support for both

While many coordinated market economies have responded to internationalization by regulation that creates dualization between insiders and outsiders, the Nordic countries have opted for an embedded flexibilization in which strong unions and cooperative employers have combined flexibility and equality. However, in recent years, the Nordic countries have come under pressure from an EU-induced dualization

Scholarship on regulating global finance emphasizes the importance of national and bureaucratic interests, but less attention has been devoted to epistemic sources of regulatory conflict. We address this by analyzing the failure of regulators to agree tougher rules for large investment funds after the 2008 crisis. The article suggests this outcome was the result of epistemic contestation between prudential

Studies on regulatory encounters have shown that the interaction between regulator and regulatee is important for implementation of public policy. Much of this research examines how the behavior of frontline workers in such encounters affects regulatee compliance, that is, an outcome of the encounter, but we know less about the behavior that regulatees bring to these encounters. This paper therefore

Platform firms have been depicted as having structural and instrumental power and being able to prevail in regulatory battles. This article, in contrast, documents how they have often adapted to regulations and provide different services across locales. I show that platform firms have a specific type of power, infrastructural power, that stems from their position as mediators across a variety of actors

Public participation, responsive regulation, and other policy formulations are intended to draw governments down from their ivory towers and into engagement with the people. However, they paint at best, a hazy picture of who “the people” are. This superficial representation is felt, among other collectives, by people living in poverty, who not only face hunger, often accompanied by poorer health and

The aim of this article is to introduce a novel view on how to evaluate the share of power held by judges in judicial governance. Its contribution to court administration and the regulation of judges is three-fold. First, it provides a novel empirically tested conceptualization of judicial governance that includes 60 competences grouped into eight dimensions (ranging from selection and education of

Supervisory bodies can intervene in organizational practices that may harm society, but their effectiveness to do so depends on their ability to make decisions reflectively and decisively. Are these tendencies incompatible with each other or can they go together? Can empowering leadership (i.e. participative, coaching, informing behaviors) stimulate reflectiveness and decisiveness? A 10-item Joint

As trade wars and protectionism again present severe challenges and obstructions to international economic regulatory organizations (IEROs), it is timely to ask how their predecessors survived the last deep deglobalization of the interwar years. This article presents a fresh neo-Durkheimian institutional explanation. It highlights contrasting pathways to survival and bequest of IEROs in three fields

The U.S. Occupational Safety and Health Administration establishes incentives for safety by setting and enforcing regulatory standards. Using four and a half decades of inspection data, this article provides a comprehensive analysis of the factors underpinning penalties following fatalities. The “fatality premium” for regulatory violations following a worker death is quite modest and is several orders

Work Health and Safety Inspectors are at the forefront of efforts to protect workers from harm from psychosocial hazards, yet the application of regulatory theory to their practice has been limited. Drawing on models of responsive regulation and strategic enforcement, we analyze extensive (N = 46,348) complaint and incident notification data from an Australian Work Health and Safety Inspectorate, to

This article puts forward an analytical framework for understanding administrative justice. It does so by reading a leading approach, Jerry Mashaw's administrative justice models, in conjunction with the pragmatic sociology of Luc Boltanski and Laurent Thévenot, and their orders of worth framework. This provides an enhanced framework, which, while remaining consistent with Mashaw, offers additional

Under what conditions are people willing to accept paternalistic government policies? The use of libertarian paternalism (“nudges”) has gained popularity and captured the attention of scholars and policy-makers alike. A central underlying assumption in advancing governmental nudges is that the public prefers them over classic paternalistic policies, which, unlike nudges, are coercive. This paper studies

The study of organizational task for understanding how organizations behave and evolve has been one of the classic topics in organization theory and public administration. Reputation scholarship has appeared as a promising perspective to understand internal and external organizational dynamics. Reputation scholars, too, emphasize the critical importance of task. Despite this recognition, the literature

This article revisits Majone's famous argument about accountability in the regulatory state in reference to the European Union's (EU) Economic and Monetary Union. We show that the EU has entered the stage of a “para-regulatory state” marked by increasing EU regulation in areas linked to core state powers. Despite the redistributive and politicized nature of these policy areas, the EU's “para-regulatory

The COVID-19 pandemic provides a unique opportunity to study which factors drive compliance and how the evolving context in society –virus fluctuations and changing government measures – changes the impact of these factors. Extant literature lists many factors that drive compliance – notably enforcement, trust, legitimacy. Most of these studies, however, do not look across time: whether a changing

The article develops a framework to explain an empirical observation that runs counter received wisdom in comparative political economy, namely the co-existence of large higher education systems and thriving manufacturing sectors in advanced capitalist countries. Introducing the concept of skill breadth, the article hypothesizes that: (i) advanced manufacturing firms have narrow skill needs concentrated

To explain cognitive capture, economic sociologists often examine the structure of relationships between regulators and market participants. This paper argues that the nature of regulators' misperception should be subject to analysis as well. Different types of misperceptions develop over timelines of varying lengths. Depending on the misperception, different sets of relationships and parties may therefore

This paper offers a critical synthesis of the articles in this Special Issue with a view to assessing the concept of “algorithmic regulation” as a mode of social coordination and control articulated by Yeung in 2017. We highlight significant changes in public debate about the role of algorithms in society occurring in the last five years. We also highlight prominent themes that emerge from the contributions

This paper explores the extension of collective governance to sectors without collective governance tradition. We introduce the concept of state-led bricolage to analyze the expansion of the Swiss apprenticeship training system – in which employer associations fulfill core collective governance tasks – to economic sectors in which training had previously followed a school-based and state-oriented logic

The article asks the following question: Why do policymakers choose one (or more) agent(s) to perform new delegated policy functions? In order to shed light on the factors that drive policymakers' choice of a single or a multiple agencies delegation framework, the article investigates policymakers' choice to delegate macroprudential regulatory responsibility to either the central bank or to a committee

The ambition to improve regulators' responsiveness to regulatees has been the driving force of two of the most influential theories in regulation in the past decades: responsive regulation (RR) and behavioral public policy (BPP). Yet despite their substantial impact and shared ambitions, RR and BPP have rarely intersected. In this paper, we explore the intellectual evolution of RR and BPP and compare

Regulators and other governors rely on intermediaries to set and implement policies and to regulate targets. Existing literatures focus heavily on intermediaries of a single type – Opportunists, motivated solely by self-interest. But intermediaries can also be motivated by different types of loyalty: to leaders (Vassals), to policies (Zealots), or to institutions (Mandarins). While all three types

Confronted with a new wave of criticism on the in effectiveness of its development programs, the World Bank embarked on a revitalization process, turning to private investors to finance International Development Association projects and widening its mandate. To explain these adaptation strategies of the World Bank to regain relevance, this piece draws on organizational ecology and orchestration scholarship

The implementation of preventive anti-corruption agencies (ACAs) has been a significant public administration regulatory trend of the last two decades. This article endeavors to better understand how preventive ACAs build inter-agency collaboration and legitimacy. Rather than analyzing ACAs in isolation, this article proposes a novel understanding of autonomy-building by accounting for the underlying

Judicialization scholarship suggests that states must seek the de-judicialization of international dispute settlement mechanisms to regain regulatory space. Why then do some states seek a de-judicialization yet others increased judicialization of dispute settlement mechanisms in their pursuit of regulatory space? This article advances a twofold argument. First, the concept of judicialization has been

How does membership in transnational multistakeholder institutions shape states' domestic governance? We complement traditional compliance-based approaches by developing a process model, focusing on the independent effects of processes associated with institutional membership, but separate from commitments and compliance themselves. These effects can be driven by iterative and participatory institutional

Scholars sometimes criticize durable regulatory systems for being costly, inefficient, ineffective, and inequitable. This article reassesses regulation, arguing that a mis-categorization of types of regulatory activity has led critics astray. More specifically, the article observes that regulation “hardened” by being built into infrastructure often ceases to be seen as regulation and its benefits are

The International Monetary Fund (IMF) is infamous for its structural adjustment programs, requiring countries to undertake policy reforms in exchange for loans. Yet, not only do countries routinely fail to implement these reforms, but they also frequently return to the IMF to start the process anew. What explains this compelling case of transnational regulatory ineffectiveness? We argue that countries

We trace the pragmatic turn in regulatory governance from the level of the state and civil society to the coalface of the regulated organization. Since the 1980s, an array of new regulatory models has emerged. These models, while distinct, are unified in two related tendencies. First, they support the devolution of responsibility for standard setting, program design, and enforcement to the regulated

In recent years, regulation scholars and policymakers have increasingly turned their attention to the role of inter-governmental organizational design in effective governance. The existing literature on regulatory design has provided important insights into the advantages and disadvantages of alternative structural options. This article synthesizes and builds on that literature by describing a novel

This special issue examines the consequences of the ongoing power transition in the world economy for global regulatory regimes, especially the variation in rising powers' transition from rule-takers to rule-makers in global markets. This introductory article presents the analytical framework for better understanding those consequences, the Power Transition Theory of Global Economic Governance (PTT-GEG)

This article makes four claims: First, tax systems at the national, regional and global level are regulatory systems. They can and should be studied as that. Second, taxation is an important extension to regulatory scholars’ empirical field of inquiry. It is a hard case to test prominent theories of new, softer modes of governance. Third, in the era of liberalization and globalization tax governance

A key claim in bureaucratic reputation literature is that reputation has several dimensions. This presents agencies with a difficult choice concerning which dimension(s) they should emphasize in the management of their reputation. This paper analyzes how regulatory agencies manage their reputation through communicative responses to public judgments, based on a single-case study of the German financial

Developments in improved monitoring, asset management, and resource efficiencies led to the water industry promising a step-change in the design and operation of these facilities: the “blending” of traditional engineering equipment with digital technologies. These apparent benefits inevitably produce new challenges of regulating an emerging techno-political landscape. One of the regulations is Europe's

Although the idea of revolving doors evokes the dynamic image of moving in and out of public and private sector jobs, most scholars take a static view of the revolving door phenomenon, looking mainly at entrances, sometimes at exits, but almost never at both. This is a serious oversight given that normative concerns about revolving doors turn mainly on assumptions about how individuals become socialized

Given weak protections for whistleblowers in Brazil – a country with over one million federal civil servants and a well-known history of corruption scandals – how common is whistleblowing? This study presents results from a survey completed by 652 federal civil servants in Brazil. Examining the incidence of wrongdoing, whistleblowing, and retaliation, as well as the role of gender and public service

Concerns around machine learning’s societal impacts have led to proposals to certify some systems. While prominent governance efforts to date center around networking standards bodies such as the Institute of Electrical and Electronics Engineers (IEEE), we argue that machine learning certification should build on structures from the sustainability domain. Policy challenges of machine learning and sustainability

In this paper, we investigate how a network of informal intermediaries – including international organizations, consultancies, business alliances, and standard setters – has contributed to the persistence of the universalistic meaning of the UN Sustainable Development Goal (SDGs). Based on our analysis of 26 interviews and 121 online resources produced by the 22 most prominent intermediaries, we find

The European Union has some of the world's most ambitious and highly developed environmental laws on its books, but their effectiveness is severely compromised by non-compliance. With the UNECE Aarhus Convention (1998), Europe launched an innovative legal experiment, democratizing environmental enforcement by conferring third party citizens and environmental non-governmental organizations (ENGOs) with

This article discusses four examples of risk regulations in the United States, namely vehicle emissions, appliance efficiency, chemical safety, and the labeling of genetically modified food. In each example, consumer or environmental regulations were initiated at the state level despite business opposition. But when faced with a multiplicity of state product regulations, the affected firms decided

This article uses the concept of regulatory cultures to understand the (dis)embedding of “independent” water regulation in India. It analyzes the specific case of the Maharashtra Water Resources Regulatory Authority and explores how discourses and practices (1990–2015) shaped the regulatory development in the water sector. By documenting the practices of meaning-making of “independent” regulation,

Vaccines against SARS-CoV-2 continue to be developed at an astonishingly quick speed and the early ones, like Pfizer and Moderna, have been shown to be more effective than many public health scientists had dared to hope. As COVID-19 vaccine research continues to progress, the world's eyes are turning toward medicine regulators. COVID-19 vaccines need to be authorized for use in each country in which

Even perfect transposition of EU Directives does not necessarily translate into homogeneous rules or application of rules across the European Union. Europeanization literature focused on the formal transposition of EU Directives. Newer studies suggest looking into the black box of how this translates into law in action. The 4th Anti-Money Laundering Directive incorporated taxes as a predicate crime

This article investigates the conditions under which regulatees challenge regulatory sanctions in court. Targets of enforcement have the right to make independent regulatory agencies (IRAs) accountable in court, but IRAs would prefer not to have their enforcement actions challenged. This article argues that, when deciding whether to contest regulators through appeals, regulatees consider the price

This paper examines the capacity of the legislative and judicial branches to shift moral judgment in the direction of the law, when they assume complementary, or competing, normative stances. Participants were asked to rate the morality and social acceptability of ethically dubious behaviors that were either permitted, or prohibited, by the legislative or judicial branch. We found that (i) the legislative

The negative externalities of global commodity chains and existing governance gaps have received wide scholarly attention. Indeed, many sectors including forest-risk commodities (FRCs) like soy and beef from Brazil remain largely unregulated. This article analyzes ongoing policy-making processes at European Union level to adopt new regulations for reducing accountability gaps: one regulation of FRCs