-
Does meeting in person matter? Examining youths' perceived support on juvenile probation. Law and Human Behavior (IF 2.4) Pub Date : 2025-05-08 Kelsey E Tom,Savanna Allen,Allison R Cross,Adam D Fine
OBJECTIVE Beyond traditional in-person meetings, contemporary juvenile probation officers (JPOs) leverage modern technology to interact with youth via videoconferencing, phone calls, and text messaging. It is plausible that youth feel more-or less-supported by JPOs depending on the format of their interactions. Simultaneously, the procedural justice literature suggests that the quality of JPOs' interactions
-
Statistical reporting practices within forensic psychology: Is anything changing? Law and Human Behavior (IF 2.4) Pub Date : 2025-05-05 Joseph Eastwood,Kirk Luther,Tianshuang Han,Valerie Arenzon,Quintan Crough,Ashley Curtis,Hannah de Almeida,Kelsey Janet Downer,Cassandre Dion Larivière,Jessica Lundy,Funmilola Ogunseye,Mark D Snow,Brent Snook
OBJECTIVE We examined the evolution of statistical reporting practices within forensic psychology across two decades (2000-2020) to assess their adherence to recommended best practices. METHOD We conducted a comprehensive analysis of articles published in six prominent forensic psychology journals, including every empirical article published in each journal in 2000, 2005, 2010, 2015, and 2020 (N =
-
Disestablishment at Work The Yale Law Journal (IF 5.2) Pub Date : 2025-04-30 James D. Nelson
After several decades, the Supreme Court has revised its interpretation of employment-discrimination law requiring religious accommodations, creating waves of new litigation. Latent in the doctrine, principles of nondisparagement, reciprocity, and proportionality can guide courts in resolving these claims while also anchoring nonjudicial strategies to protect employees’ basic rights.
-
The Lost English Roots of Notice-and-Comment Rulemaking The Yale Law Journal (IF 5.2) Pub Date : 2025-04-30 Rephael G. Stern
Using new archival research, this Article argues that notice-and-comment rulemaking emerged from a series of American transplantations of English rulemaking procedures. Yet, as this Article emphasizes, during the 1930s and 1940s Americans only partially adopted the English framework. The rejection of laying procedures implicates the legitimacy of our rulemaking system.
-
Does Pharma Need Patents? The Yale Law Journal (IF 5.2) Pub Date : 2025-04-30 Talha Syed
This Feature revisits the widely held assumption that pharma needs patents to sustain innovation. By analyzing the information goods underlying drugs, this Feature demonstrates that innovation in this sector can proceed without patents. Replacing patents with a tailored form of regulatory exclusivity would reap large gains in social welfare.
-
A Textualist Response to Two Texts: Positive-Law Codification and Interpreting Section 1983 The Yale Law Journal (IF 5.2) Pub Date : 2025-04-30 Grace Sullivan
Textualists have yet to explain how to interpret codified positive-law text, which is revised by bureaucrats then enacted by Congress, where it differs from original text. This Note’s proposed solution is the “two texts canon.” When applied to Section 1983, the two texts canon demands that qualified immunity be abolished.
-
Turning Square Corners: Regents and Arbitrary-and-Capricious Review’s Distributional Stakes The Yale Law Journal (IF 5.2) Pub Date : 2025-04-30 William Vester
After the Supreme Court’s decision in Regents, courts have intensified their scrutiny of agency reversals that upset the expectations of regulatory beneficiaries. This Note defends that development and situates it within an underexplored history of courts calibrating the stringency of their review of agency action to distributional concerns.
-
Politics in policy: An experimental examination of public views regarding sentence reductions via second chance mechanisms. Law and Human Behavior (IF 2.4) Pub Date : 2025-04-24 Isabella Polito,Colleen M Berryessa
OBJECTIVE This research examined how the cost of incarceration to the state and type of offense affect public support for different levels of sentence reductions (10%, 25%, 50%) via policies called "second chance" mechanisms that reduce incarcerated populations as well as whether political ideology or affiliation predicts such support. HYPOTHESES (a) Across different levels of sentence reductions,
-
Reengaging Criminology in Regulation and Governance: A Synergistic Research Agenda on Regulatory Guardianship Regul. Gov. (IF 3.2) Pub Date : 2025-04-19 Carole Gibbs, Fiona Chan, Rachel Boratto, Tyler Hug
Recent literature calls for scholars to bridge the divide that has emerged between criminology and regulation and governance. In the current work, we propose that criminological opportunity theories provide one fruitful pathway to that end. Specifically, we introduce the notion of regulatory guardianship based on the concepts of guardians, guardian capability, and guardian willingness to intervene
-
Democracy’s Distrust: The Supreme Court’s Anti-Voter Decisions as a Threat to Democracy The Yale Law Journal (IF 5.2) Pub Date : 2025-04-14 Gilda R. Daniels
“Democracy’s Distrust” explores how the Supreme Court has eroded voting rights and weakened democracy. It argues that the Court prioritizes candidates and legislatures over voters, fostering public distrust. The Essay examines historical and contemporary cases, highlighting the need for legislative reforms and civic action to protect democracy.
-
Public opinion about judicial roles and considerations: A latent profile analysis. Law and Human Behavior (IF 2.4) Pub Date : 2025-04-14 Sarah L Desmarais,Samantha A Zottola,John Monahan
OBJECTIVE To inform policies and practices that reflect the values and expectations of the communities that judges serve, we fielded a national survey of public perceptions regarding judicial roles and factors that could be considered in decision making. HYPOTHESES We had four questions: (1) What is public opinion on the importance of various judicial roles and considerations? (2) Can distinct groups
-
Specialized Committees of International Organizations an Important Source of Organizational Autonomy Regul. Gov. (IF 3.2) Pub Date : 2025-04-10 Michael Giesen, Thomas Gehring, Simon Linder, Thomas Rixen
Assigning the preparation of decisions to specialized committees composed of member state representatives is a widespread response to the ‘governor's dilemma’, that is, the tension between competence and control, in international organizations (IOs). We theorize a causal mechanism referring to self‐selection and agenda‐setting effects and show how the resulting division of labor among IO bodies produces
-
How to Govern the Confidence Machine? Regul. Gov. (IF 3.2) Pub Date : 2025-04-10 Primavera de Filippi, Morshed Mannan, Wessel Reijers
Emerging technologies pose many new challenges for regulation and governance on a global scale. With the advent of distributed communication networks like the Internet and decentralized ledger technologies like blockchain, new platforms emerged, disrupting existing power dynamics and bringing about new claims of sovereignty from the private sector. This special issue addresses a gap in the literature
-
Issue Information Regul. Gov. (IF 3.2) Pub Date : 2025-04-08
Click on the article title to read more.
-
Green Transitions: Rethinking Political Economy in the Context of Climate Change Regul. Gov. (IF 3.2) Pub Date : 2025-04-08 Basak Kus, Gregory Jackson
Although political economy (PE) has long engaged with environmental issues, climate change has remained at the margins of the field until very recently. This article argues that fully addressing the transformative challenges brought up by climate change requires a fundamental rethinking of core PE concepts related to the state, distributional struggles, economic growth, varieties of capitalism, and
-
Polarization and Voluntary Compliance: The Impact of Ideological Extremity on the Effectiveness of Self‐Regulation Regul. Gov. (IF 3.2) Pub Date : 2025-04-04 Libby Maman, Yuval Feldman, Tom Tyler
New governance models increasingly employ self‐regulation tools like pledges and nudges to achieve regulatory compliance. These approaches premise that voluntary compliance emerges from intrinsic motivation to cooperate rather than coercive measures. Central to their success is trust—both in government institutions and among citizens. However, rising societal polarization raises critical questions
-
From Hierarchical Capitalism to Developmental Governance: The Emergence of Concerted Skills Formation in Middle‐Income Countries Regul. Gov. (IF 3.2) Pub Date : 2025-04-02 Aldo Madariaga, Mariana Rangel‐Padilla
Skills formation is a pressing issue for middle‐income countries given the pace of technological change. In Latin America, scholars point to the hierarchical type of capitalism and its segmentalist skills formation system as the main roadblocks to exiting the middle‐income trap. Yet we contend that focusing on national models of capitalism is limited because they do not explain within‐country variations
-
Taking Eco‐Social Risks Seriously: Explaining the Introduction of Compulsory Insurance for Natural Hazards Regul. Gov. (IF 3.2) Pub Date : 2025-04-01 Anne‐Marie Parth
Given the ongoing climate crisis, the frequency and severity of natural disasters are increasing. These events result in enormous reconstruction costs, pose a high burden on state budgets, and potentially drive homeowners into private insolvency. One policy instrument for collectively covering such costs is a compulsory insurance scheme for natural hazards. As the impact of natural disasters is uneven
-
The psychological allure of Alford: Does wanting to appear innocent put innocents at risk? Law and Human Behavior (IF 2.4) Pub Date : 2025-03-31 Johanna Hellgren,Annmarie Khairalla,Miko M Wilford,Rachele J DiFava,Saul M Kassin
OBJECTIVE The Alford plea allows defendants to maintain innocence while pleading guilty, but this option is largely unknown to the public, and its effects are unknown to researchers and practitioners. Some legal scholars have argued that the Alford plea may attract innocent defendants who may not otherwise accept a plea, whereas others have asserted that it offers a beneficial alternative for those
-
Decriminalizing Cannabis The Yale Law Journal (IF 5.2) Pub Date : 2025-03-28 Jennifer D. Oliva
The United States has criminalized cannabis since 1970. In response to pleas for reform and widespread state cannabis legalization, the federal government recently initiated rulemaking to reschedule cannabis. This Essay argues that the federal government should abandon its legally problematic rescheduling proposal and, instead, decriminalize and deregulate cannabis.
-
Fragile Gains, Persistent Setbacks: The Muddled Arc of American Drug-Law Reform The Yale Law Journal (IF 5.2) Pub Date : 2025-03-28 Ifetayo Harvey
Ifetayo Harvey explores the foremost drug reform issues by giving a broad overview of the Essays in this Collection. Harvey uses Oregon’s Measure 110 as an example of drug reform’s challenges when implemented on a state level. The piece concludes with guidance on how advocates can improve future drug reforms.
-
Separation of Drug Scheduling Powers The Yale Law Journal (IF 5.2) Pub Date : 2025-03-28 Mason Marks
Congress split drug scheduling authority between the Department of Health and Human Services and the Drug Enforcement Administration. However, this statutory separation of powers has collapsed, producing unscientific outcomes that undermine the CSA text, purpose, and history. Congress, courts, agencies, and the President can shift drug scheduling back on track.
-
Deinstitutionalizing Family Separation in Cases of Parental Drug Use The Yale Law Journal (IF 5.2) Pub Date : 2025-03-28 Taleed El-Sabawi, Sarah Katz
Through an institutional theory lens, this Essay examines how the family policing system’s historical emphasis on punishment and surveillance resists even well-intentioned legislative changes. Despite the inclusion of family-centered services in recent legislation, implementation barriers and institutional inertia within family policing agencies perpetuate default practices of policing and removal
-
Behavioral detection of emotional, high-stakes deception: Replication in a registered report. Law and Human Behavior (IF 2.4) Pub Date : 2025-03-27 Leanne Ten Brinke,Samantha Sprigings,Cameo Brown,Chloe Kam,Hugues Delmas
OBJECTIVE We replicated research by ten Brinke and Porter (2012), who reported that a combination of four behavioral cues (word count, tentative words, upper face surprise, lower face happiness) could accurately discriminate deceptive murderers from genuinely distressed individuals, pleading for the return of a missing relative. HYPOTHESES We hypothesized that each of the four behavioral cues identified
-
Experiencing and subsequently reporting sexual victimization among U.S. college students with disabilities. Law and Human Behavior (IF 2.4) Pub Date : 2025-03-24 Lane Kirkland Gillespie,Brittany E Hayes,Tara N Richards
OBJECTIVE We examined whether U.S. college students across multiple disability types were at an increased risk for sexual victimization (compared with students without disability) and whether disability type or registration with the accessibility office was associated with odds of reporting sexual victimization experiences to any campus-designated program/resource. HYPOTHESES We predicted (a) students
-
Automated question type coding of forensic interviews and trial testimony in child sexual abuse cases. Law and Human Behavior (IF 2.4) Pub Date : 2025-03-20 Zsofia A Szojka,Suvimal Yashraj,Thomas D Lyon
OBJECTIVE Question-type classification is widely used as a measure of interview quality. However, question-type coding is a time-consuming process when performed by manual coders. Reliable automated question-type coding approaches would facilitate the assessment of the quality of forensic interviews and court testimony involving victims of child abuse. HYPOTHESES We expected that the reliability achieved
-
Well‐Being Economy in the Visegrad Countries: Lessons for Degrowth‐Oriented Industrial Policy Regul. Gov. (IF 3.2) Pub Date : 2025-03-18 Oliver Kovacs, Endre Domonkos
This paper proposes a transdisciplinary approach to design future degrowth‐oriented industrial policies in pursuing a well‐being economy in the case of a specific growth model. Specifically, we show that the case of the Visegrad countries (Czechia, Hungary, Poland and Slovakia, V4s) is a clarion call for the degrowth literature to be much more modest and self‐critical. It addresses the puzzling question
-
Interoperable Legal AI for Access to Justice The Yale Law Journal (IF 5.2) Pub Date : 2025-03-14 Drew Simshaw
This Essay argues that technological and procedural legal interoperability—that is, widespread consistency in legal technology design and related processes—can help stakeholders effectively leverage artificial intelligence to maximize access to legal services and fairness of outcomes through self-help options, with traditional legal services, and in the courts.
-
The Duty to Respond to Rulemaking Comments The Yale Law Journal (IF 5.2) Pub Date : 2025-03-14 Ronald M. Levin
This Essay examines the legal basis for the requirement that agencies must respond to significant comments they receive during a rulemaking proceeding, the pros and cons of that requirement, and how the requirement fits together with other principles of administrative law, including procedural fairness and standing to sue.
-
Legal Deserts and Spatial Injustice: A Study of Criminal Legal Systems in Rural Washington The Yale Law Journal (IF 5.2) Pub Date : 2025-03-14 Lisa R. Pruitt, Jennifer Sherman, Jennifer Schwartz
This Essay uses a mixed-methods study to sketch operation of criminal legal systems in several rural counties in central and eastern Washington. The study reveals how an attorney shortage, along with reliance on local funding of justice system functions, is leaving defendants vulnerable to delays and ineffective assistance of counsel.
-
Lawyers’ Monopoly and the Promises of AI The Yale Law Journal (IF 5.2) Pub Date : 2025-03-14 Stephanos Bibas
Access to justice in American civil courts won’t come through free or pro bono lawyers. To drive down costs, we need to loosen bar regulation and streamline procedures. And we should embrace technology and AI responsibly to give more people the legal help they need but can’t afford.
-
Impact Assessment as Agenda‐Setting: Procedural Politicking and the Mobilization of Bias in the European Union's Audiovisual Media Services Directive Regul. Gov. (IF 3.2) Pub Date : 2025-03-14 Eleanor Brooks, Kathrin Lauber
Though often framed as a technocratic tool, impact assessment is a core element of the political agenda‐setting process. In this article, we show that decisions about what is subject to legislative debate are made during impact assessment; specifically, during the drafting of the assessment report. Using a social process tracing methodology, we analyze the removal from the agenda of provisions for
-
Administrative Sanctions and Loose Legal Norms: Resistance and Street‐Level Policy Reversal in Norway Regul. Gov. (IF 3.2) Pub Date : 2025-03-12 Stig S. Gezelius
How do provisions for administrative sanctioning affect the implementation of loose legal norms? To streamline regulation, governments have increased their penal capacity by authorizing administrative sanctioning, and they have decentralized regulatory responsibility by loosening legal norms. A case study of Norway's animal welfare governance shows how using administrative sanctions to enforce loose
-
Picking Losers: Climate Change and Managed Decline in the European Union Regul. Gov. (IF 3.2) Pub Date : 2025-03-12 Timur Ergen, Luuk Schmitz
Decarbonization forces societies to cope with the restructuring and outright unwinding of assets, firms, workers, industries, and regions. We argue that this problem has created legitimacy for industrial policies managing the reallocation of resources. We illustrate this dynamic by documenting incremental state‐building in the European Union, an administration institutionally tilted toward regulatory
-
Political Economy and Climate Change Regul. Gov. (IF 3.2) Pub Date : 2025-03-12 Neil Fligstein
The crisis of climate change threatens the existence of human civilization. As social scientists, we should be positioned to theorize and study whether or not the existing system of global capitalism can find ways to ameliorate the crisis or is doomed to cause that collapse because of the overwhelming power of dominant economic interests. This paper argues that right now our dominant theories of capitalism
-
In the Eye of the Storm? A Quantitative Content Analysis on the Influence of Surrogate Inspectorates on Media Frames Regul. Gov. (IF 3.2) Pub Date : 2025-03-12 Julia Wesdorp
In the past decades, scholars have provided novel insights on the role of media within regulation. Still, this strand of research has received less attention to the networked nature of contemporary regulatory governance. This article studies surrogate inspectorates, who focus on motivating the implementation/enforcement of regulatory rules, often temporary and without formal capacity. Based on a quantitative
-
The Development of Carbon Markets in Upper‐Middle‐Income Countries Regul. Gov. (IF 3.2) Pub Date : 2025-03-11 Pieter E. Stek, Renato Lima‐de‐Oliveira, Thessa Vasudhevan
Upper‐middle‐income economies face a specific set of trade‐offs when reducing carbon emissions, which differ from the trade‐offs faced in low‐ and high‐income economies. To mobilize domestic funds, middle‐income countries are developing carbon markets to attract private sector investment. This study advances a theoretical framework for carbon market development and explores the process in Brazil, Indonesia
-
Climate Politics in Latin America: The Cases of Chile and Mexico Regul. Gov. (IF 3.2) Pub Date : 2025-03-11 Isik D. Özel
This paper focuses on climate coalitions and commitments in the Global South by comparing the cases of two Latin American countries, Chile and Mexico. Chile, once a laggard, emerged as a regional leader in climate policy in the early 2020s, while Mexico, a pioneer until the early 2010s, experienced a backlash and retreated. How can we make sense of these diverging trajectories? How and why do climate
-
The Green Economy and the Global South Regul. Gov. (IF 3.2) Pub Date : 2025-03-02 Kathryn Hochstetler
The idea of a “green economy” is one of the latest attempts to bridge the environment and development aims, with a focus on economic growth that makes it appealing to countries that still see a significant development gap to make up. Yet the green economy—most often studied in the Global North and made the target of explicit policy initiatives there, often with substantial public and private resources—also
-
Race, the Academy, and The Constitution of the War on Drugs The Yale Law Journal (IF 5.2) Pub Date : 2025-03-01 Bennett Capers, Jeffrey Bellin
David Pozen’s new book chronicles the constitutional arguments that American litigants once deployed to protect a “right” to use drugs. This Review supplements and critiques Pozen’s important contribution, situating his findings within a broad backdrop of race, crime, and the judiciary’s eagerness to just say “yes” to the drug war.
-
Self-Protection in World Society: Reformulating the Protective Principle in International Law The Yale Law Journal (IF 5.2) Pub Date : 2025-03-01 Alyssa Resar
Aggressive applications of extraterritoriality under the protective principle in international law pose serious threats to states and individuals. This Note tracks the rise of protective-principle jurisdiction around the world. It then provides a reformulation of the principle to better cabin it within foundational doctrines of international law.
-
Guaranteeing Honesty: Rewiring Honest Services Fraud Under the Guarantee Clause The Yale Law Journal (IF 5.2) Pub Date : 2025-02-27 Brian Liu
Honest services fraud is a vital anticorruption statute used by federal prosecutors to police state and local corruption. However, the statute’s undefined terms and perceived intrusions on federalism have invited scrutiny from the Supreme Court. To redress these concerns, courts should interpret the statute to require a predicate state-law violation.
-
Equal Standards for Equal Protection: Revisiting Race Discrimination in Jury Selection After SFFA The Yale Law Journal (IF 5.2) Pub Date : 2025-02-27 Avital Fried
In its decision in Students for Fair Admissions, Inc. v. President and Fellows of Harvard, the Supreme Court appeared to take a new approach to what constitutes a Fourteenth Amendment violation. This Essay argues that the new standard should be applied to reduce race discrimination in jury selection.
-
Scalia and the King: The Ancient Writ of Habeas Corpus and the Missing Legitimacy Core of Modern Habeas Law The Yale Law Journal (IF 5.2) Pub Date : 2025-02-27 Adam Horn
This Essay argues for reconceiving habeas corpus as a meaningful avenue for judicial power to push back against arbitrary executive power, and proposes a surprising source for this revival: Justice Scalia’s attack on the Sentencing Guidelines. Texas’s capital murder statute is proposed as ripe for such reinvigorated habeas review.
-
From Gods to Google The Yale Law Journal (IF 5.2) Pub Date : 2025-02-27 Rebecca Aviel, Margot E. Kaminski, Toni M. Massaro, Andrew Keane Woods
The First Amendment is a well-known barrier to sensible technology regulation. While scholars blame the Court’s libertarian turn, we offer another explanation: the Court’s solicitude for religious speakers. Religious-speech cases have given firms a powerful suite of deregulatory tools. This Feature draws the through line from gods to Google.
-
Should Tort Law Care About Police Officers? The Yale Law Journal (IF 5.2) Pub Date : 2025-02-28 Ellen M. Bublick, Jane R. Bambauer
Professors Ellen Bublick and Jane Bambauer argue that the common law has expanded, and should continue to expand, the civil legal rights of wrongfully injured people, including police. There is value in using civil enforcement to hold both civilians and officers accountable for the unjustified harms that they cause.
-
Comstockery: How Government Censorship Gave Birth to the Law of Sexual and Reproductive Freedom, and May Again Threaten It The Yale Law Journal (IF 5.2) Pub Date : 2025-02-28 Reva B. Siegel, Mary Ziegler
This Article offers the first legal history of the Comstock Act from its enactment to its post-Dobbs reinvention. From conflicts over Comstock’s enforcement emerged popular claims on democracy, liberty, and equality in which we can recognize roots of modern free-speech law and the law of sexual and reproductive liberty.
-
The Plaintiff Police The Yale Law Journal (IF 5.2) Pub Date : 2025-02-28 Sarah L. Swan
In civil litigation, police most commonly appear as defendants. But police also act as plaintiffs, suing the individuals they police. This Article argues that these plaintiff police claims cause significant democratic harms and should be limited. Compensation and deterrence can be achieved through other, less politically corrosive mechanisms.
-
Disenrollment as Citizenship Revocation: Promoting Tribal Sovereignty by Embracing International Norms The Yale Law Journal (IF 5.2) Pub Date : 2025-02-28 John K. Crawford
This Note argues that Indian tribes can best address disenrollment by viewing the problem through the lens of international norms regarding citizenship revocation. In choosing to embrace these norms, tribes can restrict disenrollment in a manner that does not simply invoke tribal sovereignty but instead promotes it.
-
The Church’s Treaties: How the Holy See Makes and Shapes International Law The Yale Law Journal (IF 5.2) Pub Date : 2025-02-28 Gabriel Klapholz
The Catholic Church has concluded close to two hundred treaties in the last sixty years with nations across the globe. Many of these agreements integrate Church doctrine into state legal systems at the expense of LGBTQ rights. This Note unearths this vast treaty regime—and suggests ways to challenge it.
-
On the Perpetuation of Our Constitution and Civic Charity The Yale Law Journal (IF 5.2) Pub Date : 2025-02-25 Thomas B. Griffith
We live in perilous times, where acrimony and contempt poison our republic. But as others have long recognized—from Washington to Lincoln to current observers—there is an antidote: civic charity. It has helped heal our nation in some of our most difficult times; it can do so again.
-
The Rise of Investor‐Driven Climate Governance: From Myth to Institution? Regul. Gov. (IF 3.2) Pub Date : 2025-02-26 Rami Kaplan, David L. Levy
Investor‐driven climate governance (ICG) is premised on mobilizing finance to address climate change by leveraging investors to pressure companies to reduce emissions. Examining the rapid growth of ICG from an institutional political economy perspective, we argue that powerful financial and regulatory actors with varied interests coalesced to promote the discourse that climate risks equal financial
-
A New “Plan for Transformation”: Improving Living Conditions in Chicago’s Public Housing The Yale Law Journal (IF 5.2) Pub Date : 2025-02-21 Psalm Brown
Public housing suffers from disinvestment, and, today, many residents live in substandard conditions. By combining the literature on public-housing history and tenant-rights law with the lived experiences of public-housing residents, this Essay uses Chicago as a case study to explore litigation and other advocacy strategies for systematically improving public-housing quality.
-
New Technologies, Old Rights: Litigating Public-Benefits Modernization The Yale Law Journal (IF 5.2) Pub Date : 2025-02-21 Susannah Howe
This Essay explores public-benefits agencies’ increasing reliance on technology and remote services and its impact on welfare-rights litigation. The Essay argues that the lack of direct regulation of these practices threatens benefits access. However, creative impact litigation is still a powerful tool for enforcing benefits recipients’ rights.
-
Climate Change and the Social Order Regul. Gov. (IF 3.2) Pub Date : 2025-02-20 Jens Beckert
Despite decades of awareness, societies have failed to adequately respond to climate change, as evidenced by rising CO2 emissions and the continued dominance of fossil fuels in global energy consumption. This failure underscores the structural constraints of capitalist modernity, where economic and political incentives, as well as consumer behaviors, obstruct effective climate action. Beyond the challenge
-
Caught Between Privacy and Surveillance: Explaining the Long‐Term Stagnation of Data Protection Regulation in Liberal Democracies Regul. Gov. (IF 3.2) Pub Date : 2025-02-20 Nicolas Bocquet
This article pursues two objectives. First, it aims to trace the genealogy of data protection regulation in major liberal democracies. To do so, it examines the evolution of this regulation in the United States, France, and Germany, among others, and relies on the policy actors' triangle framework. Second, the article provides an explanation for the paradox that emerges from this diachronic analysis:
-
International Finance and the Return of Geopolitics Am. J. Int. Law (IF 2.7) Pub Date : 2025-02-19 Pierre-Hugues Verdier
The rise of great power competition is transforming international economic law as trade and investment patterns fragment along geopolitical lines and longstanding legal regimes come under stress. This Article argues that this “return of geopolitics” generates fundamental and pervasive challenges for the international financial governance regime. As states weaponize financial infrastructure, adopt security-based
-
“Is Lobbying for Losers?”: Corporate Behavior and Canadian Military Procurement Contracting Regul. Gov. (IF 3.2) Pub Date : 2025-02-18 Andrea Migone, David Chen, Bryan Evans, Alex Howlett, Michael Howlett
Lobbying is a multi‐faceted phenomenon that involves interest groups and corporations contacting politicians and officials in order to try to achieve their policy preferences. While interest group policy‐related lobbying has received a great deal of attention, studies of corporate contract lobbying are rarer even though this is a much older phenomenon. The article critically examines the commonly‐held
-
The End of the U.S.-Backed International Order and the Future of International Law Am. J. Int. Law (IF 2.7) Pub Date : 2025-02-17 Monica Hakimi, Jacob Katz Cogan
The international order that the United States has for decades led and maintained is undergoing dramatic change. In this Essay, we explain that international law during this period was constituted with, and dependent on, U.S. power; that the two became (in odd-couple fashion) entwined together; and that, as the international order changes, the international legal system, its content and its architecture
-
Fossil Capital in the Caribbean: The Toxic Role of “Regulatory Havens” in Climate Change Regul. Gov. (IF 3.2) Pub Date : 2025-02-13 Jose Atiles, David Whyte
Secrecy jurisdictions play a crucial role in the legal framework perpetuating climate change. This paper demonstrates how these jurisdictions sustain the dynamics of climate change by enabling capital accumulation rooted in environmental degradation. A regulatory approach to law and climate change must address the global nature of the legal structure that upholds exploitative and ecocidal social relationships