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1 – 10 of 313Craig Volden and Alan E. Wiseman
The field of nonmarket strategy has expanded rapidly over the past 20 years to provide theoretical and practical guidance for managers seeking to influence policymaking. Much of…
Abstract
The field of nonmarket strategy has expanded rapidly over the past 20 years to provide theoretical and practical guidance for managers seeking to influence policymaking. Much of this scholarship has built directly on spatial and “pivotal politics” models of lawmaking. While extremely helpful at identifying crucial targets for lobbying, these models treat all policymakers as identical in their abilities to advance legislative agenda items through various policymaking hurdles. We build upon these earlier models, but include policymakers who vary in their relative effectiveness at advancing measures through the legislative process. We identify how the implications of our model deviate from those of conventional (pivotal politics) analyses. We then present an empirical strategy for identifying effective Lawmakers in the United States Congress, and illustrate the utility of this approach for managers developing nonmarket strategies in legislative institutions, relying on the case of banking and financial services reforms between 2008 and 2011.
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This chapter generally concerns how elements of liberal democratic constitutional discourse have functioned to normalize emergency and possible state of exception governance…
Abstract
This chapter generally concerns how elements of liberal democratic constitutional discourse have functioned to normalize emergency and possible state of exception governance during the COVID-19 pandemic. More specifically, the chapter focuses on the transference of legislative power to the executive under conditions of emergency rule and how it is possible for delegated emergency lawmaking to operate beyond the limits of what is constitutionally permissible; thus, triggering a state of exception. The chapter uses the deployment emergency rule during the pandemic in The Bahamas as a case study to show how ambivalence and legal uncertainty were the two principal drivers of the normalization process produced by elements of constitutional discourse, and then further explains how constitutionalism, generally, and in its dysfunctional application, can reinforce the processes normalizing emergency and possible state of exception governance.
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This essay will consider three theories developed by international law scholars to analyze the international legal terrain and the strengths of each as well as issues it fails to…
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This essay will consider three theories developed by international law scholars to analyze the international legal terrain and the strengths of each as well as issues it fails to address sufficiently in the dimensions of power, meaning, and social relationships: bottom-up lawmaking; transnational legal processes; and global legal pluralism. The idea of bottom-up lawmaking, already discussed, has the strength of beginning from the everyday practices by which problems are solved that lead eventually to the creation of a body of law. However, the phrase bottom-up suggests that this is a grassroots movement, while it is typically cosmopolitan elites who generate the informal rules that become established over time. Explicit attention to the power relationships underlying this process would help to clarify what “bottom-up” means. As Judith Resnick points out, the terms “soft law” and “hard law” are themselves problematic, incorporating gender ideologies and suggesting that some international laws are enforced firmly, which is rarely the case in practice (personal communication).
This study aims to assess the risks of systematisation of corruption in the UK following the Brexit referendum.
Abstract
Purpose
This study aims to assess the risks of systematisation of corruption in the UK following the Brexit referendum.
Design/methodology/approach
The study applies theoretical and empirical findings of criminological, social, psychological, economic and legal research on the causes of systemic corruption to the socio-institutional developments following the Leave vote.
Findings
The events surrounding the referendum confirm that the resort to corrupt practices is normalised in certain sectors of the British institutions, business and media and that socio-political processes activated by the Leave vote and inadequate UK policymaking and lawmaking can aggravate the situational and socio-psychological enablers of systemic corruption. Effective solutions must go beyond mere anti-corruption laws and address deeper social issues.
Research limitations/implications
The study focuses only on some of the major situational and socio-psychological causes of systemic corruption, including the unintended criminogenic effects of the law. More interdisciplinary research is required to address other causes, such as historical and cultural factors.
Practical implications
The findings of this study can inspire practical solutions by policymakers and future research.
Social implications
The study contributes to raising social awareness and stimulating public discussion on systemic corruption in the UK and on the consequences of the referendum on public and private integrity.
Originality/value
The study offers the first systematic analysis of the effects of Brexit and the referendum on corruption through an integrated interdisciplinary approach to systemic corruption in the UK.
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This debate ranges from privacy and data protection questions to the potential for wide-scale job destruction and whether AIs pose an existential risk to humanity. A matrix of…
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DOI: 10.1108/OXAN-DB283524
ISSN: 2633-304X
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Topical
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The purpose of this paper is to demonstrate the significance and necessity of adequate management tools to face dynamic complexity. In particular, the paper shows the importance…
Abstract
Purpose
The purpose of this paper is to demonstrate the significance and necessity of adequate management tools to face dynamic complexity. In particular, the paper shows the importance of model‐based support for designing public systems defined through laws. This is illustrated by means of an example: the new reform of the Colombian criminal justice system.
Design/methodology/approach
Literature review of model‐based reasoning and justice systems. Illustration with a case study: reform of the Colombian criminal process.
Findings
Human reasoning can be characterized as a model‐based activity, which in turn can be improved by constructing and using diverse models. The support of dynamic models for designing law‐defined public systems represents an open field of research. Specific relevance and conceptualization for criminal justice systems are developed.
Originality/value
To introduce the significance of the contribution of computer simulation modeling for supporting system design and lawmaking processes.
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Collin Paschall and Casey Burgat
Members of Congress become involved in scandals on a regular basis. These range from personal imbroglios, like sexual affairs or substance abuse, to professional scandals like…
Abstract
Members of Congress become involved in scandals on a regular basis. These range from personal imbroglios, like sexual affairs or substance abuse, to professional scandals like embezzlement of campaign funds, abuse of office, or insider trading. As a common feature of congressional life, scholars have shown that scandals frequently disrupt the electoral and legislative trajectories of representatives' careers.
However, it must be remembered that congressional offices are comprised of more than just an individual member. Congressional offices are legislative enterprises, and a representative's staff are integral to his or her political and lawmaking activities. Accordingly, studying how scandals relate to the careers of congressional staff is an important but overlooked topic.
In this chapter, the authors investigate the relationship between members' malfeasances and the careers of the staff around them. The authors combine a list of congressional scandals with a dataset that captures the turnover of staff in congressional offices. The chapter proceeds in four parts. First, the authors describe the structure of a congressional office and the relationship between members and their staff. Next, the authors provide an overview of scandals in Congress and what previous literature has uncovered about their effects. Third, the authors examine staffing patterns and turnover in offices hit by scandal, uncovering evidence that scandals are associated with staff departures. The authors end by considering how Congress as an institution could help to protect and support employees who are caught up in a member's poor choices.
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As biomedicine becomes increasingly enmeshed in modern life, biomedicalization processes have implications for reproductive policy, including abortion policy. Informed consent…
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As biomedicine becomes increasingly enmeshed in modern life, biomedicalization processes have implications for reproductive policy, including abortion policy. Informed consent provisions have been a prominent trend in state-level abortion lawmaking in the United States in recent years. Modeled on the practice of securing informed consent for medical procedures, informed consent provisions stipulate the information a person must receive before they can consent to an abortion. Informed consent provisions purportedly require that this information be objective, scientifically accurate, and non-judgmental. Through an analysis of informed consent provisions in Texas abortion legislation from 1993 to 2015, this chapter explores how such provisions employ medical and biomedical tropes to frame regulations that restrict access to abortion care as ostensibly protecting women’s health and safety. I find that informed consent legislation in Texas selectively borrows from medical and biomedical lexicons, cites strategic empirical evidence, and co-opts medical techniques and experts in ways that encumber abortion access.
President Donald Trump and Congress have fewer than ten months until November’s elections for president, the House, the Senate, state legislatures and governorships. Preparations…