Opaque transparency: How material affordances shape intermediary work

How do the material aspects of intermediary work affect regulators, targets, and beneficiaries? To shed light on this question, we studied an information intermediary in the form of a website and the organizations who founded it. Specifically, we analyzed FracFocus, a self‐regulatory initiative with strong industry ties, charged with disclosing data pertaining to the chemicals used in oil and gas wells completed using hydraulic fracturing technology (fracking) in the United States and Canada. We found that between 2010 and mid‐2017, the vast majority of legislation in states and provinces where fracking actively occurred was updated to mandate or encourage disclosure via FracFocus, meaning that it had a considerable effect on the trajectory of official regulation on fracking disclosure. We also found that FracFocus disclosed important data but did so in a manner that limited accessibility and reduced the comprehensibility of environmental and public health risks to beneficiaries. Our analysis suggests that the public's experience of such a device is one of opaque transparency, in which the line between official and non‐official regulation is blurred. We traced these outcomes to the material affordances created by FracFocus.     

Alcohol Prohibition and Cirrhosis

This article uses state-level data on cirrhosis death ratesto examine the impact of state prohibitions, pre-1920 federalantialcohol policies, and constitutional prohibition on cirrhosis.State prohibitions had a minimal impact on cirrhosis, especiallyduring the pre-1920 period. Pre-1920 federal antialcohol policiesmay have contributed to the decline in cirrhosis that occurredbefore 1920, although other factors were likely substantialinfluences as well. Constitutional Prohibition reduced cirrhosisby about 10–20%.     

The Last Bite of the BITs—Supremacy of EU Law versus Investment Treaty Arbitration

According to Article 267 TFEU, national courts of the EU Member States can (and sometimes must) ask for a preliminary ruling from the Court of Justice on the interpretation and application of Community law, including international treaties and recommendations, and on the validity of Community secondary legislation. In this way, it is ensured that EU citizens are treated equally throughout the Union. However, this is not applicable when it comes to arbitral proceedings, be they commercial or investment arbitrations. The Court does not accept references for preliminary rulings from arbitral tribunals. For this reason, respondent states in international arbitral proceedings have argued that arbitration and EU law are utterly incompatible. In their submissions as respondents in arbitral proceedings, EU Member States have argued that, as a result of EU accession, bilateral investment treaties (BITs) have been automatically terminated. In subsidiary, they sometimes claim that, due to their incompatibility with EU law, BITs cannot apply. But if BITs are not applicable anymore, there are few remedies left for investors within the EU.     

Implementing the principle of policy integration: institutional interplay and the role of international organizations

The implementation of the sustainable development principle of integration implies that economic laws should not be designed solely for the purpose of maximizing financial profits, but also with the object of improving human well-being, and addressing social and environmental concerns. International organizations, in which international treaties are being negotiated and created, will have to support this type of cross-disciplinary approach. International institutions, however, were not originally designed to cope with such a cross-disciplinary effort. Rather, most international institutions have emerged in line with the premise of ‘functionalism’, according to which their role is limited to supplying specialized services, usually as a solution for emerging needs and as a result of historical events. These specialized institutions have thus emerged with little coordination or common planning and have resulted in a global structure that has been referred to as an ‘accident of history’. The role that international organizations should and do fulfil with respect to the implementation of the principle of integration is reviewed in this paper. This paper concentrates on trade and investment organizations (the World Trade Organization and the Energy Charter Treaty); it reviews the channels through which non-trade/investment considerations may, or may not, penetrate the decision-making processes of these organizations; the ways these International organizations engage with interdisciplinary issues and how the objectives of other institutions are reflected in their work.     

Conversationalism,constitutional economics,and bicameralism strategies for political reform in Hong Kong

Hong Kong has at long last regained the economic momentum lost in the wake of the Asian financial crisis and the collapse of the local property market. However, political friction and uncertainty have escalated rather than subsided, because of deep‐rooted divisions over the pace of democratic reform. There are no simple remedies for the constitutional deadlock that has emerged. Nevertheless, it might be possible to improve the overall political climate and both the form and substance of the dialog regarding fundamental institutional reform by borrowing some ideas from constitutional economics.     

Let's Play a Video Game: Jihadi Propaganda in the World of Electronic Entertainment

This article argues that video games have become a valid and increasingly significant means of jihadist digital propaganda. “Gaming jihad” has recently shown interesting alterations, mostly due to actions undertaken by the so called Islamic State and its cyber-partisans, which have discovered new ways of using this flexible and immersive medium. Similar to more conventional forms of its online propaganda, which have been imitated by other Islamist terrorist groups for years, the “Caliphate's” exploitation of electronic entertainment software may be a forerunner for the increased interest of other violent extremist organizations in this medium.     

Violence and the U.S. prohibitions of drugs and alcohol

This paper examines the relation between prohibitions and violence,using the historical behavior of the homicide rate in the UnitedStates. The results document that increases in enforcement ofdrug and alcohol prohibition have been associated with increasesin the homicide rate, and auxiliary evidence suggests this positivecorrelation reflects a causal effect of prohibition enforcementon homicide. Controlling for other potential determinants ofthe homicide rate does not alter the conclusion that drug andalcohol prohibition have substantially raised the homicide ratein the U.S. over much of the past 100 years.