Search results

1 – 10 of 268
To view the access options for this content please click here
Book part
Publication date: 3 May 2016

Craig 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…

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.

Details

Strategy Beyond Markets
Type: Book
ISBN: 978-1-78635-019-0

Keywords

To view the access options for this content please click here
Book part
Publication date: 5 December 2007

Sally Engle Merry

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…

Abstract

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).

Details

Special Issue Law and Society Reconsidered
Type: Book
ISBN: 978-0-7623-1460-7

To view the access options for this content please click here
Article
Publication date: 2 July 2019

Lorenzo Pasculli

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.

Details

Journal of Financial Crime, vol. 26 no. 3
Type: Research Article
ISSN: 1359-0790

Keywords

To view the access options for this content please click here
Downloads
56

Abstract

Details

Reference Reviews, vol. 25 no. 8
Type: Research Article
ISSN: 0950-4125

Keywords

To view the access options for this content please click here
Article
Publication date: 19 October 2010

Camilo Olaya

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…

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.

Details

Kybernetes, vol. 39 no. 9/10
Type: Research Article
ISSN: 0368-492X

Keywords

To view the access options for this content please click here
Book part
Publication date: 22 November 2019

Alexis M. Kenney

As biomedicine becomes increasingly enmeshed in modern life, biomedicalization processes have implications for reproductive policy, including abortion policy. Informed…

Abstract

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.

Details

Reproduction, Health, and Medicine
Type: Book
ISBN: 978-1-78756-172-4

Keywords

To view the access options for this content please click here
Expert briefing
Publication date: 8 January 2020

President Donald Trump and Congress have fewer than ten months until November’s elections for president, the House, the Senate, state legislatures and governorships…

Details

DOI: 10.1108/OXAN-DB249853

ISSN: 2633-304X

Keywords

Geographic
Topical
To view the access options for this content please click here
Article
Publication date: 1 April 2003

Georgios I. Zekos

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination…

Downloads
55608

Abstract

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

Details

Managerial Law, vol. 45 no. 1/2
Type: Research Article
ISSN: 0309-0558

Keywords

To view the access options for this content please click here
Book part
Publication date: 1 October 2008

Clayton D. Peoples and Michael Gortari

In both the academic and public policy realms, debates have gone on for decades concerning the influence of class-based interest groups on policymaking. Virtually no work…

Abstract

In both the academic and public policy realms, debates have gone on for decades concerning the influence of class-based interest groups on policymaking. Virtually no work in this area compares influence in the U.S. with influence in Canada despite the fact that the countries provide interesting differences in the social and political contexts within which influence may occur. In this chapter, we analyze how receiving money from the same business and labor entities (“political action committees” in the U.S.) influences similarity in voting among legislators in the 105th U.S. House of Representatives (1997–1998). We then perform the same analysis for the 36th Canadian House of Commons (1997–2000). In the U.S., we find that sharing business contributors significantly affects vote similarity among legislators, whereas sharing labor contributors does not. This supports elite-power and class-based theories and bolsters the arguments of those who feel more campaign finance reform may be necessary. In Canada, however, sharing contributors of either type has no effect on vote similarity among parliamentarians, which supports state-centered theory and lends credence to those arguing additional reforms may be unnecessary. These findings suggest that structural context matters greatly for patterns of political power.

Details

Politics and Public Policy
Type: Book
ISBN: 978-1-84855-178-7

To view the access options for this content please click here
Book part
Publication date: 6 May 2008

George Thomas

Popular constitutionalists seek to recover the popular sovereignty foundations of American constitutionalism, bringing the people in as active participants in the…

Abstract

Popular constitutionalists seek to recover the popular sovereignty foundations of American constitutionalism, bringing the people in as active participants in the constitutional enterprise as they create and refashion the Constitution by “majoritarian and populist mechanisms” (Amar, 1995, p. 89). The result is to recover an understanding, in FDR's words, of constitution as a “layman's document, not a lawyer's contract” (Kramer, 2004, p. 207). This understanding has deep roots in American constitutionalism, tracing its lineage back to the founding and, as popular constitutionalists insist, finds powerful expression in the likes of The Federalist and Abraham Lincoln (Ackerman, 1991; Tushnet, 1998). In exercising popular sovereignty, the people founded the Constitution, but they did not simply retreat from the trajectory of constitutional development. Rather, as Bruce Ackerman argues, since the Constitution of 1787 the people have spoken in a manner that has re-founded the Constitution giving us a “multiple origins originalism” (Kersch, 2006a, p. 801; see also Amar, 1998 and 2005). In turning to founding era thought and the notion of constitutional foundations, popular constitutionalists like Ackerman and Amar make common cause with conservatives who turn to original intent, but then they seek to synthesize this understanding with democratic expressions of popular will by emphasizing both formal and informal constitutional change, giving us layered “foundings,” and a more complex version of “living constitutionalism.” Such constitutional change, however, can only legitimately come from an authentic expression of “We the People.”

Details

Special Issue Constitutional Politics in a Conservative Era
Type: Book
ISBN: 978-0-7623-1486-7

1 – 10 of 268