New laws but few cases: understanding the challenges to the investigation and prosecution of human trafficking cases

All fifty states and the federal government have passed laws to combat human trafficking, but we know little about their effectiveness. Using data from investigative case records and court files for 140 human trafficking cases in 12 U.S. counties and qualitative interviews with law enforcement, prosecutors, and victim service providers, we examined the characteristics of and challenges to investigation and prosecution of human trafficking cases under new state and federal laws. We found that few human trafficking cases are identified by local law enforcement, most cases forwarded to state prosecution are sex trafficking cases involving U.S. citizens, and state prosecutors overwhelmingly charge human trafficking offenders with other, lesser crimes. The legal, institutional, and attitudinal challenges that constrain prosecution of human trafficking are similar across study sites despite varying types of state antitrafficking legislation. Study results suggest prosecution of human trafficking cases is challenging. If new laws are to be effective, then local law enforcement and prosecutors should work collaboratively and adopt proactive human trafficking investigative strategies to identify both labor and sex trafficking cases. There is social benefit to holding traffickers accountable, but more emphasis should be placed on policies that identify and serve victims.     

Enforcement Principles and Environmental Agencies: Principal-Agent Relationships in a Delegated Environmental Program

This article examines whether states shirked enforcement responsibilities in their principal-agent relationship with the federal government when implementing a delegated environmental program. It evaluates determinants of environmental enforcement stringency, particularly whether penalties were less when imposed by states than by the federal government. It analyzes 6,048 hazardous waste administrative penalties across 32 states and all U.S. Environmental Protection Agency Regions over 14 years. It finds that state penalties are typically substantially lower than federal penalties, and that penalty amounts are typically also related to the partisan composition of elected officials and the characteristics of enforcement actions, such as the type, seriousness, and number of violations. Factors such as the influence of organized interest groups, agency sensitivity to economic conditions or the economic importance of regulated industries, and environmentalist preferences of elected officials and the public are typically unrelated to enforcement stringency.     

Assessing the Impact of State Human Trafficking Legislation on Criminal Justice System Outcomes

Since 2003, state legislatures in the United States have been active in passing legislation aimed at combating human trafficking. To date, all states have passed laws that criminalize acts of human trafficking, though with significant variation in the penalty structure and associated legal provisions. This article examines what aspects of state human trafficking laws are most impactful at increasing the arrest and prosecution of human trafficking suspects. Using panel data on state laws and associated enforcement actions from 2003 to 2012, this study confirms that more comprehensive state laws that invest in antitrafficking resources are most strongly associated with human trafficking arrests and prosecutions. States that make legislative provisions for victim assistance, law enforcement training, statutory task forces, and mandatory reporting have higher antitrafficking criminal enforcement. The political environment in which state human trafficking laws are enacted also influences their enforcement.     

The law and economics of supranationalism: the European Union and the subsidiarity principle in collective action perspective

This article, prepared for an issue devoted to the work of Judge Richard A. Posner, considers the implications of law and economics for the structure of supranational organizations, with particular attention to the application of collective action theory to the relationships among states in the EU. After discussing the connections between this approach and Judge Posner’s work, the article describes collective action theory and its implications for our understanding of the state and of relationships among states. From this perspective, supranational organizations such as the EU can be understood as institutional structures that facilitate collective action among states by reducing the transactions and enforcement costs of making and implementing collective decisions. At the same time, the delegation of authority to supranational institutions creates agency costs for states and their peoples because the interests of the state and its people diverge from the interests of the collective in some instances. Viewed in this perspective, the institutional structure of the EU—like that of other supranational organizations or federal nation states—reflects an effort to strike a balance between collective decision making and local control so as to maximize the collective gains and minimize the resulting agency costs. Understood in these terms, various features of the EU’s institutional design make sense. The ordinary legislative process permits the EU to act without the unanimous consent of member states, thus reducing transactions costs in those areas where collective action is necessary, particularly in relation to the creation and regulation of the internal market. The EU reduces enforcement costs through principles of direct applicability or effects and the supremacy of EU law, which are effective legal restraints in states governed by the rule of law. The institutional structure of the EU also incorporates a representative and deliberative process for collective action that helps control the resulting agency costs for member states and their peoples through supermajority and co-decisional requirements. The collective action perspective also illuminates the function of the subsidiarity principle and the enhanced role of national parliaments in its enforcement.     

城镇规划区违建执法困境及其解释——国家能力的视角

既有理论框架难以全面解释违建执法的困境.实际上,违建执法的困境反映执法领域国家能力的不足.从执法的结构和过程看,国家能力不足表现在多个层面:执法机构的"孤岛现象"普遍,不同机构之间难以有效合作;一线执法人员的素养欠缺,且其工作难以被执法机构有效考核;执法人员在进入社区空间、处理执法事务时受阻严重.由于国家能力的不足,执法人员常常接受执法对象的讨价还价,违建执法表现出"日常惰性—专项治理"的循环结构,强力执法与违法不究处于共生状态.改善社会治理,需要在执法领域强化国家能力,需要从执法机构、执法人员及其与社会的互动等多方面着手.     

State nursing home enforcement systems

This study presents interview and statistical data from a telephone and fax survey of state agency officials and statistical data from the Centers for Medicare & Medicaid Services' Online Survey Certification and Reporting (OSCAR) system. State survey activities for nursing facilities were reviewed and the number and types of intermediate sanctions issued by states in 1999 were reported, along with barriers to the use of such sanctions. Using five selected enforcement measures to create a summary score, states were classified by quartiles based on the stringency of their nursing facility enforcement activities. Controlling for the number of complaints as a proxy for quality, the predictors of a summary of state enforcement actions were: percentage of population at age eighty-five and above. Democratic governors, higher percentages of chain facilities, and lower facility occupancy rates. Regional differences in enforcement patterns also were shown. Many federal policies and resource constraints were identitied as barriers to effective regulation. The findings identified nursing facility survey and enforcement issues that need to be addressed by policy makers.     

论国际法强制执行的法理基础

国际法的强制执行具有充分的法理基础。国家意志是国际法强制执行的根据。强制执行规则的制定、措施的选择、执行或者放弃都由国家决定。强行法是国际法强制执行的规范基础。它要求国际法必须是可被强制执行的。相互原则是国际法强制执行的基本机制，通过剥夺违法国的权利的方式发挥作用。国际组织的制裁是国际法强制执行的集中机制，由国际组织集体决定并授权国家采取强制措施。     

一国汇率义务与IMF职能——国际货币法视角下的人民币汇率问题

在牙买加体系下IMF的成员国有权选择汇率安排,有权确定和管理其货币汇率,但须遵守《IMF协定》所规定的义务,不得通过操纵汇率取得对其它成员国的不公平竞争优势。为了防范各国选择汇率安排的自由可能给国际货币体系带来的危害,IMF强化了对其成员国的政策的监督职能,并辅之以相应的执行措施。《IMF协定》规定的汇率义务和IMF职权构成衡量IMF成员国汇率义务的基准,以此审视,我国的人民币汇率制度符合IMF的规定和要求,不存在汇率操纵。     

Reforming Natural Gas Fracking Regulations in 2017–2018: How Should States Enforce Regulations?

While much scholarly work has been published on hydraulic fracturing regulatory frameworks, there is little discussion on the enforcement mechanisms of these regulations and statutes. This article explores state hydraulic fracturing regulations and the expansion of a criminal framework to enforce compliance. More specifically, this article takes a comparative look at fracking enforcement regimes in California and several states with the most hydraulic fracturing activities. First, the article discusses fracking's economic benefits and environmental issues. The article then analyzes federal regulations, (which essentially leaves the bulk of regulation and enforcement to state and local governments) and state enforcement systems in California and the four states with the most fracking wells (Texas, Wyoming, Pennsylvania, and Colorado). California, a state that is pushing for more renewable resources, has robust regulations under Senate Bill 4. In the end, states that rely heavily on fracking should reform the enforcement mechanisms to disincentive noncompliance. Regulatory regimes in the other states appear to have deficiencies that could be remedied by adopting stricter enforcement mechanisms—such as criminal sanctions—that would disincentivize noncompliance, which could lead to large-scale environmental disasters. This article postulates that a model system incorporating a variety of methods including increased criminal enforcement could provide for proper remedies, justice, and deterrence. An ideal enforcement framework for effective deterrence should focus on transparency, flexibility, trusted delegation, and proportionality.     

Policy Innovation or Vertical Integration? A View of Immigration Federalism from the States

Since 2005, state legislatures have passed hundreds of immigration bills, and state officials have argued that their efforts attempt to solve immigration crises caused by federal inaction. The state–federal clash over immigration seems to confirm scholarship suggesting deepening lines of conflict in the federal system since the 1990s. The question remains, however, whether this explosion in state immigration laws signifies a move by states to tailor their own solutions to immigration issues. This article explores whether states are serving as laboratories of innovation for immigration policy. The study analyzes over five hundred immigration bills passed between January 2006 and December 2008, and engages in a comparative analysis of three immigration policy areas (immigration law enforcement, employment regulations, and drivers' licenses) where there exist varying degrees of state autonomy from national policy and thus distinctive possibilities for states to offer creative approaches to immigration issues. The findings suggest little evidence of policy innovation at the state level, although a handful of states are challenging federal supremacy in immigration matters.     

Tribal law enforcement authority to enforce state laws

This paper summarizes the current status of the ability of tribal law enforcement officers to enforce state law in all states that have Indian country – defined in 18 U.S.C. § 1151 as any Indian reservation, dependent Indian communities, or Indian allotments – within their borders. It is important to understand the current status of those officers as their agencies look to improve public safety in their nations. First, for context, we provide a brief background on tribes and tribal law enforcement. Then, we present a summary of the legal jurisdictional challenges faced by tribal law enforcement. Finally, we analyze the current status of tribal law enforcement officers in each state and conclude with a summary and concluding remarks.     

Antitrust Law and Distributive Politics in the American States

State enforcement by state attorneys general (AGs) has become a major component of American antitrust law. Much has been written about state antitrust enforcement, but existing accounts of AG incentives and behavior are incomplete. As elected officials in forty‐three states, AGs must represent their constituents and, therefore, will be drawn to cases that maximize the level of settlement reward—cases with large, wealthy defendants. I hypothesize and find that state AGs represent their constituents along ideological lines, but this relationship is conditioned by case characteristics that involve the potential settlement reward. Moreover, incentives to participate are likely to be higher when there are clear violations of the law, as in price‐fixing cases, rather than in merger cases, where no wrongdoing has necessarily been established. The study adds to our understanding of antitrust law but also has implications for how distributive politics shapes political responsiveness to the electorate.     

Smoking Guns: European Cigarette Smuggling in the 1990’s

This article concerns European cigarette smuggling over the past decade and examines the actors, structures and relationships which facilitated the illicit trade. It discusses the central role played by actors not traditionally associated with organised crime, such as multi-national tobacco companies, Swiss banks and the state security agencies of various Balkan states. It demonstrates how domestic legislation in Switzerland and instability in the Balkans prevented national law enforcement agencies from effectively dealing with this international network at an earlier stage. The article also focuses on the history of local and national law enforcement investigations as well as the integrated multi-national investigation project later initiated by the EU and member states. The article's conclusions suggest that while smuggling actors have successfully adapted to the process of globalisation – financial and state deregulation – law enforcement agencies remain at a disadvantage as they are hampered by the domestic legislation in nation states such as Switzerland and the United States. While cigarette smuggling was and is a major illicit industry, it has not been the subject of much academic scrutiny. This article, based on field research in the Balkans and EU member states aims to contribute to a broader understanding of a problem involving a multiplicity of criminal actors, states and law enforcement agencies.     

Dimensions of Enforcement Style: Factoring in Regulatory Autonomy and Capacity

This article explores how the concept of enforcement style can be adapted to be more analytically useful in the study of regulatory behavior and its effects in developing countries. In its first part, the article sets forth a dimensional conception of enforcement style and suggests two new dimensions to incorporate the variations in the autonomy and capacity of regulatory agencies that are so significant in developing countries. In its second part, the article uses this analytical framework to compare the enforcement styles of state environmental agencies in two Brazilian states, São Paulo and Pará.     

从《纽约公约》在亚洲国家的实施看国际商事仲裁中的公共秩序

《纽约公约》第5条第2款的规定为各国法院适用公共秩序拒绝适用国际商事仲裁裁决提供了依据,然而公共秩序存在着多种解释,自公约实施以来,参加公约的亚洲各国法院提出了各种主张并在实践中有了各种做法,本文对中国、新加坡、日本、印度尼西亚等国的理论与实践进行了分析,对各国法院的做法进行了总结。     

The disutility of advance directives: we know the problems, but are there solutions?

Advance directives (ADs) are recognized in some form by the laws of every state. Despite the availability of ADs for more than twenty years, few adults have completed any type of AD document. Even when ADs are validly executed, physicians routinelyfail to honor patients' wishes. The lack of communication between physicians and patients may be the primary reason why AD completion rates remain so low. The failure to honor an AD may stem from the physician's belief that to honor a directive would not be in the patient's best interest. The adoption and enforcement by all states of the Uniform Health-Care Decisions Act, recognition of a physician's ethical duty to assist patients in AD formulation, and routine third-party payor reimbursement to physicians for their role in patients' advance care planning will encourage and facilitate the completion and subsequent honoring of patients' directives.     

Perceived effects of concealed handgun ownership by private citizens among law enforcement officers in Texas

On January 1, 1996, a new law took effect in Texas granting certain state citizens the privilege to carry a concealed handgun on their person for the first time since 1871. As a result of this dramatic shift in state law, Texas is now among the growing number of states across the nation who have adopted similar statutory provisions in one form or another. While at least one empiricals study of citizen’s attitudes toward concealed handgun ownership was conducted prior to the law’s effective date, no similar efforts were undertakens to assess the beliefs, perceptions and attitudes of the state’s law enforcement officers about this important social policy. The present study was therefore undertaken in response to the lack of serious attention which the issue of concealed handgun ownership among private citizens has received as it directly relates to the law enforcement profession. Subjects for this study (N=327) were drawn from four Texas law enforcement agencies representing various organizational sizes and missions. While the responses of officers who participated in the study indicate optimism about the law’s potential to deter various types of crime, they also reflect a certain degree of concerns about concealed handgun ownership among private citizens especially as this policy directly relates to perceive inadequacies in statemandated requirements and issues affecting officer safety.     

Regulating transnational corporate bribery: Anti-bribery and corruption in the UK and Germany

Recent large-scale cases involving multi-national corporations such as the BAE Systems and Siemens bribery scandals illustrate the difficulties faced by the UK and German sovereign states in controlling complex trans-national and multi-jurisdictional crimes. This article analyses the mixture of enforcement, self-regulatory and hybrid mechanisms that are emerging as part of UK and German responses to controlling transnational corporate bribery. This regulatory landscape incorporates a diverse array of direct and indirect state and non-state ‘regulatory’ actors of varying levels of formality. Mechanisms of a self-regulatory nature vary in terms of their mandatory/voluntary requirements and manufactured/organic formation. However, there is an assumption that the emergence of a variety of enforcement, self-regulatory and innovative hybrid mechanisms is sufficient but in reality this is not the case. Instead, the key argument of the article is that while these mechanisms are aiding the response, they are likely to fail leading to the default position of accommodation by state agencies, even where the will to enforce the law is high.     

The Nature and Extent of Conservation Policing: Law Enforcement Generalists or Conservation Specialists?

Little is known about law enforcement agencies with responsibility for fish, wildlife, and natural resource protection. Traditional conceptions of fish and wildlife police associate these officers almost entirely with fishing and hunting activities. The relative scarcity of academic literature regarding fish and wildlife police agencies results in a lack of understanding about their role in the criminal justice system in general. The current study seeks to contribute to the limited existing literature by examining conservation policing in Florida, a state not yet studied in this context, by analyzing some 2,910 field events. Findings indicate that officers devote a considerable portion of their attention to traditional law enforcement activities in addition to the type of enforcement customarily associated with fish and wildlife law enforcement.     

On compensation schemes for data sharing within the European REACH legislation

There is an intense debate on the impact of labour regulation in India today. Labour regulation in India differ state-wise and apply differently across types of workers (both regular and contract workers). This paper examines the joint effects of Employment Protection Legislation (EPL) and variable enforcement intensity on the growth in a size of temporary contract workers in the organised manufacturing sector. It uses the state level amendments to Industrial Dispute Act of 1947, and the average size of total number of labour inspectors for each state, as independent variables to capture the variation in labour regulations and enforcement intensity across thirty-one Indian states for the period 2000–2007. This paper argues that, average Indian firms located in strict EPL states hire differentially more temporary contract workers as compare to regular workers in response to variable enforcement intensity. Among other findings, the empirical analysis shows that firms prefer to employ excessive number of contract workers to circumvent firing and overall compliance costs of regular workers as stipulated by the Indian labour laws. Our results are robust to alternative specifications.