Fragmented or cohesive transnational private regulation of sustainability standards? A comparative study

Literature on private regulation recognizes the proliferation of competing regulatory organizations and approaches in various industries. Studies analyzing why fragmentation arises so far focus on single‐case studies, the exploration of single variables, or variation in types of fragmentation. This article analyzes why in certain industries and for certain issues regulatory organizations proliferate, while in others a single regulatory organization emerges which covers the entire industry. Through a comparative case study of private regulation of sustainability standards in the forestry, clothing, IT‐electronics, and chemicals industries, we show how a combination of low industrial concentration, civil society involvement in governance, and stringent standards of a first‐moving regulator offer the strongest explanation for a fragmented private regulatory field, while high industrial concentration, business‐driven governance, and lenient standards of a first‐moving regulator lead to cohesive regulation.     

Is Urban Sprawl Good for Minorities?

This article investigates the effect of urban sprawl, as measured by employment decentralization, on minority housing consumption gaps since the housing bust. Previous research contends that sprawl contributes to reducing the Black–White housing consumption gap by increasing the supply of land in housing markets and thereby increasing affordability. Antisprawl policies may therefore exacerbate the Black–White housing disparity. This research makes two contributions to the literature. First, the article examines how changes in sprawl may have varying influences on the Black–White housing gap, a previously unexamined facet of this relationship. In the vast majority of metropolitan areas in this sample, sprawl is predicted to exacerbate the Black–White housing gap until sprawl reaches a threshold. Only in a limited number of high-sprawl metropolitan areas does sprawl contribute to reducing the Black–White housing gap. Second, the article examines differences in housing gaps for three distinct minority groups—Blacks, Asians, and Hispanics—using recent data from the 2009 American Housing Survey. For Blacks, sprawl continues to have varying effects on housing consumption. For Asians, urban sprawl yields significant gains in housing consumption relative to Whites. However, no significant results occur for Hispanics. This article demonstrates that the independent effect of urban sprawl on U.S. minority housing consumption is a highly uneven process in the post–Great Recession economy. As such, arguments that antisprawl policies reduce minority gains in housing should be treated with considerable skepticism.     

Shall the law set them free? The formal and actual independence of regulatory agencies

Regulation by independent agencies, rather than ministries, is believed to result in better policy outcomes. Yet this belief requires one to accept a complex causal chain leading from formal independence to actual independence from politics, to policy decisions, and, ultimately, to policy outcomes. In this study, we analyze the link between the formal and actual independence of regulatory agencies in Western Europe. New data on the appointment of chief executives of these agencies is used to create a proxy for the actual independence of agencies from politics. The analysis demonstrates that formal independence is an important determinant of actual independence, but the rule of law and the number of veto players matter as well.     

论行政证据规则与诉讼证据规则多样化联系——兼论行政证据立法之必要性

行政程序中的证据规则及其立法问题,在理论上和实践中一直未得到应有的重视,究其症结在于学术界和实务界对行政证据规则和诉讼证据规则的关系缺乏科学的认识.寻求两者之间科学合理的划分标准,发现其中的多样化联系,以及建构完善的行政证据规则体系,具有重大的理论价值和实践意义.