Law & Policy最新文献_第4页

Regulatory conflict and a latent public safety risk? The case of gas infrastructure 监管冲突与潜在的公共安全风险？天然气基础设施案例

IF 1.3 3区社会学

Law & Policy Pub Date : 2023-09-30 DOI: 10.1111/lapo.12231

Lynne Chester, Jan Hayes

{"title":"Regulatory conflict and a latent public safety risk? The case of gas infrastructure","authors":"Lynne Chester, Jan Hayes","doi":"10.1111/lapo.12231","DOIUrl":"10.1111/lapo.12231","url":null,"abstract":"While the literature on regulatory compliance is extensive, little scholarly attention has focused on how companies respond to conflicting regulatory requirements. As a case in point, gas pipelines and networks—deemed monopolies—are subject to economic regulation to emulate the price pressures of competition and encourage “efficient” expenditure. Technical (safety) regulation of the same infrastructure also addresses an expenditure trade-off with safety, potentially drawing different conclusions as to the most appropriate balance. This article reports on a study—drawing on 49 interviews, document review and case studies—analyzing if these two regulatory regimes, as enacted in Australia, are in conflict. We find a significant tension between the two regimes, exhibited through the impact that economic regulation has on a company's planned safety-related expenditure and thus, long-term public safety outcomes may be at risk. Australian safety regulation is performance-based, requiring “reasonably practicable” measures are in place to minimize risk to the public. The San Bruno California disaster, in which eight people died as a result of failed gas infrastructure in the US, shows that such regulatory conflicts also exist in jurisdictions that have adopted prescriptive forms of safety regulation.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 1","pages":"63-86"},"PeriodicalIF":1.3,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12231","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136336926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The geography of (un)reasonable suspicion: Rethinking causes of racial disparities in police stops 不合理怀疑的地理分布：重新思考警察拦截中的种族差异原因

IF 1.3 3区社会学

Law & Policy Pub Date : 2023-09-19 DOI: 10.1111/lapo.12230

Rachel Lautenschlager

引用次数: 0

Face mask mandates: Unilateral authority and gubernatorial leadership in US states 口罩强制令：美国各州的单方面权力和州长领导

IF 1.3 3区社会学

Law & Policy Pub Date : 2023-08-09 DOI: 10.1111/lapo.12229

William M. Myers, Davia C. Downey

{"title":"Face mask mandates: Unilateral authority and gubernatorial leadership in US states","authors":"William M. Myers, Davia C. Downey","doi":"10.1111/lapo.12229","DOIUrl":"https://doi.org/10.1111/lapo.12229","url":null,"abstract":"During the first year of the COVID-19 pandemic in the United States, the coordination and cooperation between the federal government and the states failed. American governors were thus tasked with making critical public health policy choices—under extreme uncertainty—with varying institutional capacities, partisan pressures, and state demographic differences. Yet most of the nation's governors chose to impose a face covering or mask mandate to limit the spread of cases. We collected each governor's executive order that mandated the conditions under which their residents would be required to wear a mask and employed a sentiment analysis program to extract key qualities of crisis leadership communication. Our analyses provide insights into the institutional and partisan factors that determined a face mask mandate as well as the institutional, demographic, and leadership communication qualities that affected the total number of cases per capita in the states. Our findings have important implications for post-pandemic policy recommendations with respect to the effectiveness of policies that seek to lower the transmission of viruses in public spaces and the characteristics of impactful public health messaging by government leaders.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"45 3","pages":"353-372"},"PeriodicalIF":1.3,"publicationDate":"2023-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50125791","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

DACA legal services: One federal policy, different local implementation approaches DACA法律服务：一项联邦政策，不同的地方实施方法

IF 1.3 3区社会学

Law & Policy Pub Date : 2023-07-30 DOI: 10.1111/lapo.12223

Shannon Gleeson, Els de Graauw

引用次数: 0

Predatory fines and fees: Revenue, fiscal contrition, and policy change 掠夺性罚款和费用：收入、财政忏悔和政策变化

IF 1.3 3区社会学

Law & Policy Pub Date : 2023-07-27 DOI: 10.1111/lapo.12228

Karin D. Martin

引用次数: 0

Carving the meat at the joint: The role of defining how animals are viewed and treated in the governance of (re-)emergent pandemic zoonoses in international law 切肉：在国际法中，定义如何看待和对待动物在治理（再次）出现的大流行性人畜共患疾病中的作用

IF 1.3 3区社会学

Law & Policy Pub Date : 2023-07-10 DOI: 10.1111/lapo.12215

A. M. Viens, Victoria Cassar, Asma Atique

{"title":"Carving the meat at the joint: The role of defining how animals are viewed and treated in the governance of (re-)emergent pandemic zoonoses in international law","authors":"A. M. Viens, Victoria Cassar, Asma Atique","doi":"10.1111/lapo.12215","DOIUrl":"https://doi.org/10.1111/lapo.12215","url":null,"abstract":"Pandemic zoonoses, such as COVID-19, are one of the greatest challenges of the 21st century. International governance tasked with attempting to prevent the (re-)emergence of zoonotic disease in the first place, or preparation and actual response once (re-)emergence or spread has occurred, has largely been fragmented among different governance systems, such as health, food, environment, and trade. The international legal instruments that these governance systems use reflect different ways of viewing and treating animals, which has led to a similarly fragmented approach to the regulation of human–animal interactions related to zoonoses. To illustrate this state of affairs, we develop a descriptive conceptual taxonomy to elucidate and map out how the status and evaluative stance taken toward animals can lead to shaping human-animal relationships by structuring the nature of their interactions and disposes us to adopt governance approaches that seek to regulate human–animal relationships in particular ways. This paper concludes by highlighting some implications surrounding the fragmented conceptualization and practice around how animals are viewed and treated for the future of international legal governance of pandemic zoonoses.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"45 3","pages":"392-413"},"PeriodicalIF":1.3,"publicationDate":"2023-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/lapo.12215","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50146898","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Sanitizing a crisis: The three dimensions of an enhanced regime of accumulation 消除危机：强化积累制度的三个方面

IF 1.3 3区社会学

Law & Policy Pub Date : 2023-07-05 DOI: 10.1111/lapo.12224

Ignasi Bernat Molina, Sergi Cutillas Márquez

引用次数: 0

Crafting the language of borders: The European Court of Justice's strategic opinion writing in rights cases 创造边界语言：欧洲法院在权利案件中的战略性意见撰写

IF 1.3 3区社会学

Law & Policy Pub Date : 2023-06-27 DOI: 10.1111/lapo.12227

Maureen Stobb, Jamie Scalera-Elliott

{"title":"Crafting the language of borders: The European Court of Justice's strategic opinion writing in rights cases","authors":"Maureen Stobb, Jamie Scalera-Elliott","doi":"10.1111/lapo.12227","DOIUrl":"10.1111/lapo.12227","url":null,"abstract":"Courts, particularly those with the power of constitutional review, engage in supplementary lawmaking. Like other policymakers, judges seek the proper interpretation and implementation of their decisions. Research on the United States of America (U.S.) Supreme Court indicates that it strategically alters its language to obtain better compliance, but little is known about whether international courts do the same. We test the generalizability of these findings by examining the opinion-writing tactics of another powerful court, the Court of Justice of the European Union (CJEU), in a highly salient policy area, citizenship rights. Like the U.S. High Court, the CJEU must guide judges in interpreting constitutional law. In the European Union (EU) context, this entails directing Member State judges through the preliminary reference procedure, a form of indirect supranational judicial review. We expect that the CJEU will carefully craft the language of its opinions to obtain the cooperation of national judges in this area of law. Our findings indicate that, like the U.S. Supreme Court, the CJEU strategically alters its words in anticipation of this key audience's reactions to its decisions, and that the court's strategies may undermine EU citizens' rights in the long term.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"46 1","pages":"27-44"},"PeriodicalIF":1.3,"publicationDate":"2023-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131305657","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Early 21st century penal reform: A comparative analysis of four states' responses to the problems of mass incarceration 21世纪初的刑罚改革：四个州对大规模监禁问题反应的比较分析

IF 1.3 3区社会学

Law & Policy Pub Date : 2023-06-18 DOI: 10.1111/lapo.12226

Heather Schoenfeld, Michael C. Campbell

{"title":"Early 21st century penal reform: A comparative analysis of four states' responses to the problems of mass incarceration","authors":"Heather Schoenfeld, Michael C. Campbell","doi":"10.1111/lapo.12226","DOIUrl":"https://doi.org/10.1111/lapo.12226","url":null,"abstract":"This manuscript uses data drawn from case studies of New Jersey, Pennsylvania, Illinois, and Michigan from 2000 to 2006 in order to examine how different states responded to mounting problems caused by mass incarceration. Lawmakers and penal administrators inherited correctional systems that had at least doubled in size over the previous decade and faced budgetary problems, overcrowded conditions, and federal litigation. When economic pressures and the 2001 recession destabilized state budgets, state officials responded differently to these crises. While legislators remained committed to the carceral ethos that had driven prison expansion, some governors and penal administrators charged with managing state corrections systems began to consider new responses that moved away from prison expansion. As we show, executives and penal administrators in some states successfully implemented reforms by making changes to back-end correctional processes. Their successes highlight the importance of autonomy from external pressures that allowed some administrators to respond to mounting problems in ways that reduced their state's reliance on imprisonment. These administrators deployed their correctional expertise to pursue policies that minimized political backlash. States lacking the necessary institutional structures and sufficient external pressures largely sustained the penal status quo.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"45 4","pages":"482-506"},"PeriodicalIF":1.3,"publicationDate":"2023-06-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"50137059","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

“Because I feel like I want to be heard, you know?:” Carceral citizenship and collateral consequences "因为我想让别人听到我的声音，你知道吗？

IF 1.3 3区社会学

Law & Policy Pub Date : 2023-06-08 DOI: 10.1111/lapo.12225

Alec C. Ewald

引用次数: 0