Search results

The National Labor Relations Act (NLRA) creates rights for covered employees, defines conduct that violates those rights, and deems that conduct an unfair labor practice. But while given broad remedial powers under the Act, the Board's options were curtailed by the Supreme Court's limit on the use of deterrence as an express remedial justification. The Board was left with a strongly make-whole, i.e., ex-post, focus to undo the consequences of a violation.

Put differently, the current NLRA remedies reflect a pay-or-play philosophy. The goal is restoration after the fact, using ex-post remedies to give parties the benefit or status quo that they expected. An actor willing to pay may use a cost–benefit analysis and strategically choose to violate the Act, accepting the make-whole remedies later. But the Act created ex-ante statutory rights, not agreed-upon contractual terms. By statutory enactment, employees are given something of value deemed worthy of protection. Assigning value to compliance with the law in the first instance not only prevents sometimes irreparable harm but also reaffirms the inherent value of the right itself.

The impact of the Board's limited remedies is therefore a broad value-driven one. Without ex-ante deterrence, the available ex-post make-whole remedial options make a normative statement about individuals' rights under the Act: those rights may not be inherently worth enough to incentivize legal compliance. The make-whole focus can imply that financial compensation for the portion of harm that can be calculated and “undoing” some nonfinancial effects is sufficient. There is little drive to deter infringement before the fact. By examining the remedial philosophy behind contrasting approaches in the common law of torts and contract, this Article asserts that the current remedial strictures and framework undermine both the Act and the worth of its rights in the eyes of the public and the employees who hold them.

This study aims to examine whether officers' perceptions of the probability of suffering informal sanctions mediate the relationship between formal sanction threats and attitudes toward misconduct. Most importantly, the study examines whether the potential mediating effect of informal sanction threats varies by the type of rank.

The current study utilizes data collected from a mail survey of 480 police officers over a period of six weeks from 20 police stations across two cities in South Korea.

Officers' fear of legal sanctions on the attitudes toward misconduct was entirely mediated by the fear of extralegal forms of punishment. However, this mediation effect was held only for the officers in supervisory positions.

Probing a moderated mediation between the type of rank and sanction threats on police integrity advances the literature by moving beyond simply exploring the additive effects of sanction threats and adds clarity to existing concerns about exactly how rank-related cultural differences matter.

The purpose of this paper is to gain the perspectives from social service providers that are a key component in focused deterrence programs. All focused deterrence/pulling levers programs have at least two essential elements: first, the message to the target population that reoffending will be met with swift and certain punishment, and second that social service providers are available to assist in their transition to a law-abiding lifestyle.

A case study approach was used to gather qualitative data with open-ended interviews of social service providers that participated in Operation RASOR, a modified focused deterrence initiative that identified cross-jurisdictional, chronic offenders across three cities in New England.

The results showed that many providers were unable, and sometimes unwilling, to participate in the strategy due to their lack of awareness of what focused deterrence strategies encompass, participant eligibility restrictions, and lack of funding. These findings may impact the success of focused deterrence programs.

Future research should include a larger sample from programs operating in different cities. The importance of the social services component of focused deterrence strategies and their capability of serving clients within those programs needs further examination for the integrity of these programs to adequately serve the participants.

The perceptions from social service providers on the program elements and ability to provide necessary services to the targeted offenders have never been examined. This study aids in expanding the literature on focused deterrence programs. It can also inform law enforcement agencies on the services that are most needed by the target population and the importance of coordinating their initiatives with service providers.

This paper aims to address the limitations of classical deterrence theory in dealing with violent non-state actors (VNSAs).

The study uses qualitative methods.

It suggests that two measures must be applied; the first one is to rephrase the assumptions of the theory towards a broader definition. The second one is to theorize certain approaches for deterring VNSAs which shall remain a key component in, but not the cornerstone of, national security strategies.

In the aftermath of 9/11 attacks and US war on terrorism, the need arose to “revisit” the “Deterrence Theory” to address several changes such as rogue states, cyber threats and VNSAs, especially after the end of the Cold War, when the theory was originally developed. The recent research on VNSAs relates to the fourth wave of deterrence, which highlights its proper role in a new security environment.

Protests surrounding the 2004 Republican National Convention (RNC) resulted in over 1,800 arrests. Scholarship on repression is divided about the likely impacts of arrests on subsequent activism. Interviews with RNC arrestees are used to examine potential effects. Findings offer twists to social movements and socio-legal hypotheses: (1) while many arrestees were less willing to protest after their arrest, for many of these individuals deterrence was selective, not wholesale; (2) many factors that were expected to neutralize repressive impacts either resulted in deterrence or set the stage for radicalization; and (3) individuals who were radicalized shared strong preparation for their arrest experience.

Using administrative, longitudinal data on felony arrests in Florida, we exploit the discontinuous increase in the punitiveness of criminal sanctions at 18 to estimate the deterrence effect of incarceration. Our analysis suggests a 2% decline in the log-odds of offending at 18, with standard errors ruling out declines of 11% or more. We interpret these magnitudes using a stochastic dynamic extension of Becker’s (1968) model of criminal behavior. Calibrating the model to match key empirical moments, we conclude that deterrence elasticities with respect to sentence lengths are no more negative than − 0 . 13 for young offenders.

This paper aims to provide a case study of complex conflict management within the arms race on the Korean Peninsula. Exploring the complex nexus of nuclear weapons, asymmetry and a qualitative arms race, the study explains how the arms race between Seoul and Pyongyang has promoted stability on the Korean Peninsula.

Presenting the limits of arguments that the US security guarantee is the factor that saved the two Koreas from going to war again, this paper explores the utility of the inter-Korean arms race as a stabilizer that promotes indirect negotiations. While presenting Korean anomalies, this paper analyzes the three stages of the inter-Korean arms race – especially its nuclear weapons, its asymmetry and the nature of arms races – and provides extant explanations on the causes and consequences of the qualitative arms race. These key elements drive the states’ strategic motives.

Using the case of the inter-Korean qualitative arms race and US extended nuclear deterrence on the Korean Peninsula, the study shows the complexities of conflict management today. This paper identifies three contributing factors – US nuclear weapons, asymmetry and the qualitative characteristic of the arms race – to explain the enduring stability on the peninsula despite the arms race’s intensification. The paper finds that although US nuclear-extended deterrence plays a critical role, it does not capture the full context of the ongoing, dynamic inter-Korean arms race; a prolonged arms race between the two Koreas has become a new regularity; the qualitative characteristic of the inter-Korean arms race, which is driven by technological advancement, contributes to stability in the arms race; and as the constant mismatch in priority technologies becomes more severe, the changes to the existing asymmetry could increase instability.

This paper offers a diverse perspective to the literature on conflict management and captures the complexities of 21^st-century conflict management. Through a thorough examination of the inter-Korean arms race, it brings readers’ attention to the nested dynamics within the arms race and shows how an intensifying arms race can promote stability. Furthermore, the paper explains the implications for potential instability – fueled by the comprehensive mix of a dynamic qualitative arms race and the US extended nuclear deterrence – in the Indo-Pacific region.

This paper aims to present issues of deterrence related to stalking.

The authors have combined recent mixed method research findings and existing general deterrence literature with their practitioner experiences of working with this population, to provide a novel viewpoint paper intending to influence advancements in knowledge in this area.

Recent qualitative research investigating the function of stalking in a small sample (see Wheatley et al., 2020a) noted the participants’ focus on the lack of deterrence. For example, participants described feeling emotionally stuck in their pursuits, experiencing poor access to help and support, being ignorant of the potential custodial consequences of their offending and even stating that imprisonment provided a harsh yet necessary moment of reality.

This novel discussion paper reviews these findings in relation to both the available research based on deterrence generally and deterrence related to stalking and the experience of working with stalking cases in clinical practice. This paper explores what we know about the motivations that underlie stalking behaviour and how that relates to the effectiveness of deterrence, including the role of traditional criminal justice approaches to this type of offending.

The purpose of this paper is to expand our understanding of the motivations for corporate environmental, social and governance (ESG) reporting.

This paper provides a conceptual exploration of the motivation for corporations to provide ESG reports and proposes deterrence theory and avoidance as a complementary explanatory motivation for such reports.

Within this paper it is argued that part of the motivation for some corporations to increase ESG disclosures is to avoid, or mitigate, the risk of class actions and the associated financial penalties. This paper proposes that in Australia the deterrence impact, and ancillary avoidance behaviour, of civil litigation class action provides a further motivation for improving both corporate ESG disclosure and sustainability performance.

This paper extends the social and environmental accounting (SEA) reporting literature by proposing deterrence theory and avoidance as a corporate motivation for environmental, social and governance (ESG) reporting. Deterrence is proposed as a different, yet complementary, motivation to the oft‐cited variations of stakeholder and legitimacy theory which are dominant in the SEA reporting motivation literature.