Employment Discrimination Law and Industrial Psychology: Social Science as Social Authority and the Co‐Production of Law and Science

This article combines Monahan and Walker's classification of social facts, social authority, and social frameworks with political‐institutionalism's view of law and science as competing institutional logics to explain how, and with what consequences, employment discrimination law and industrial‐organizational (I‐O) psychology became co‐produced. When social science is incorporated into enforcement of legislative law as social authority—rationale for judicial rule making—law's institutional logic of relying on precedent and reasoning by analogy ensures that social science will have ongoing influence on law's development. By helping set research agendas and providing new professional opportunities, institutionalized legal doctrine shapes social science knowledge. But because of differences in institutional logic, wherein legal cumulation is backward looking whereas scientific cumulation is forward looking, co‐production of law and science may produce institutional mismatch between legal doctrine and scientific knowledge.     

The Age Structure-Crime Rate Relationship: Solving a Long-Standing Puzzle

Objectives

Develop the concept of differential institutional engagement and test its ability to explain discrepant findings regarding the relationship between the age structure and homicide rates across ecological studies of crime. We hypothesize that differential degrees of institutional engagement—youths with ties to mainstream social institutions such as school, work or the military on one end of the spectrum and youths without such bonds on the other end—account for the direction of the relationship between homicide rates and age structure (high crime prone ages, such as 15–29).

Methods

Cross sectional, Ordinary Least Squares regression analyses using robust standard errors are conducted using large samples of cities characterized by varying degrees of youths’ differential institutional engagement for the years 1980, 1990 and 2000. The concept is operationalized with the percent of the population enrolled in college and the percent of 16–19 year olds who are simultaneously not enrolled in school, not in the labor market (not in the labor force or unemployed), and not in the military.

Results

Consistent and invariant results emerged. Positive effects of age structure on homicide rates are found in cities that have high percentages of disengaged youth and negative effects are found among cities characterized with high percentages of youth participating in mainstream social institutions.

Conclusions

This conceptualization of differential institutional engagement explains the discrepant findings in prior studies, and the findings demonstrate the influence of these contextual effects and the nature of the age structure-crime relationship.     

TRICARE; sub-acute care program; uniform skilled nursing facility benefit; home health care benefit; adopting Medicare payment methods for skilled nursing facilities and home health care providers. Final rule

This rule partially implements the TRICARE "sub-acute and long-term care program reform" enacted by Congress in the National Defense Authorization Act for Fiscal Year 2002, specifically: Establishment of "an effective, efficient, and integrated sub-acute care benefits program," with skilled nursing facility (SNF) and home health care benefits modeled after those of the Medicare program; adoption of Medicare payment methods for skilled nursing facility, home health care, and certain other institutional health care providers; adoption of Medicare rules on balance billing of beneficiaries, prohibiting it by institutional providers and limiting it by non-institutional providers; and change in the statutory exclusion of coverage for custodial and domiciliary care.     

制度差异与制度创新:多元制度互动下的大湾区改革

在一国两制的背景下,香港、澳门与内地之间的制度差异如何影响粤港澳大湾区的发展?学界对此仍关注不足。论文基于制度主义理论,构建了"制度差异-张力-制度创新"的理论框架,以深圳前海自贸区的工程建设管理制度改革为案例,分析了制度差异推动改革创新的机制。研究发现,不同的制度逻辑形塑行动主体的认知与行为,因此多元制度在互动中能够产生张力,进而激发行为主体的能动性,促使其反思、设计新的制度、采取改革行动,最终促成制度创新。中国内地与港澳的制度在"一国两制"方针下得以多元共存,制度差异在粤港澳密切互动中产生的张力是大湾区改革的创新源泉,使大湾区在国家改革与发展大局中发挥重要作用。     

Institutional change in the European Parliament: balancing legislative ethics and parliamentary independence

Research on legislative ethics has shown how scandals often trigger ethics reform; yet, the content of the reform often differs from that of the scandal. Why is this the case? And if scandals don't explain legislative ethics reform outcomes, then what does? If not this kind of external shock, then what factor(s) shape legislative reform outcomes? These questions provide the point of departure for a case study of the European Parliament's 2011 ethics reform. Drawing from the legislative ethics literature and from recent theories of institutional change, the article examines the impact of the scandal that initiated the reform, the interests and strategies of reform agents who wanted a quick reform process that would not undermine the EP's independence; and the institutional order in which those actors were embedded. It argues that an institutional logics perspective offers a convincing and comprehensive account of EP ethics reform, and suggests a new analytical framework that might be used by researchers in future research on legislative ethics.     

After Waterhouse: vicarious liability and the tort of institutional abuse

As evidence of the extent of the abuse of children in residential care increases, our understanding of this terrible wrong has altered. These assaults are an institutional syndrome, at the same time that they are individual crimes; certain systems of institutional care are conducive to/foster abuse behaviour (acting as 'crucibles' rather than 'honeypots'for rogue paedophiles). A theory of vicarious (institutional) liability is appropriate if we understand a syndrome of institutional abuse in this way, as involving institutional responsibility in addition to individual fault. The recent decision of the Canadian Supreme Court in Bazley v Curry found a children's home vicariously liable for sexual assaults of an employee on the basis of responsibility through the creation of risk, an analysis of and apportionment of liability which is appropriate to the special syndrome of institutional abuse, while encouraging deterrence and providing fair and practical compensation to victims. This analysis/liability is supported by an economic analysis of institutional child abuse and decision making in child protection.     

Really Responsive Risk‐Based Regulation

Regulators in a number of countries are increasingly developing “risk‐based” strategies to manage their resources, and their reputations as “risk‐based regulators” have become much lauded by regulatory reformers. This widespread endorsement of risk‐based regulation, together with the experience of regulatory failure, prompts us to consider how risk‐based regulators can attune the logics of risk analyses to the complex problems and the dynamics of regulation in practice. We argue, first, that regulators have to regulate in a way that is responsive to five elements: (1) regulated firms' behavior, attitude, and culture; (2) regulation's institutional environments; (3) interactions of regulatory controls; (4) regulatory performance; and (5) change. Secondly, we argue that the challenges of regulation to which regulators have to respond vary across the different regulatory tasks of detection, response development, enforcement, assessment, and modification. Using the “really responsive” framework, we highlight some of the strengths and limitations of using risk‐based regulation to manage risk and uncertainty within the constraints that flow from practical circumstances and, indeed, from the framework of risk‐based regulation itself. The need for a revised, more nuanced conception of risk‐based regulation is stressed.     

Addressing Infant and Toddler Issues in the Juvenile Court: Challenges for the 21st Century

To achieve the goal of permanency for children in the child welfare system, it is critical that different disciplines work together, improve communication, and understand each other's role and expertise in the process. Through a case study, this article attempts to show the problems, conflicts, and solutions in working to ensure a child's best interests from three points of view: a children's attorney from New York City, a judge from Miami, Florida, and an infant mental health specialist and interdisciplinary trainer from Los Angeles. First, we propose that emotional caregiving is a fundamental right of all children and includes a stable, nurturing, and permanent long‐term relationship. Conflicts between the timing of children's needs, parents' needs, and the judge's legal duties are discussed as a tension with which we all must struggle to resolve if we are to successfully address children's “irreducible needs” (Brazelton & Greenspan, 2000). If the provision of custodial care shifts toward including emotional care as a goal for the growing number of infants entering the foster care system, the ensuing conflicts will provide opportunities for all parts of the foster care system—including the courts—to rethink how infants' needs are evaluated and factored into decision making.     

Claiming Citizenship: The Political Dimension of Welfare Fraud

This article exposes the political dimension of welfare fraud by investigating—in the context of the Israeli welfare reform of 2003—how forty‐nine Israeli women who live on welfare justify welfare fraud. I find that women's justifications cannot be fully explained by traditional noncompliance theories that view welfare fraud as an individual, private, criminal activity that solely reflects on the fraudster's moral character or desperate need. Instead, women's justifications for welfare fraud are better understood as a sociopolitical struggle for inclusion and deservedness—as a political act that reflects an alternative concept of citizenship with respect to women's unpaid care work.     

Evolution of the Government–Business Relationship and Economic Performance in the Former Soviet States – Order State, Rescue State, Punish State

The objective of this paper is to elucidate the relationship between the reform process and economic performance in the states of the former Soviet Union (FSU). There were two strategies used by the former Soviet states to cope with the collapse of the USSR. Some of the FSU countries, in an effort to overcome the institutional vacuum caused by the disintegration of the federal economy, centralized their government authority to manage industry. Others decentralized power in an attempt to regain economic independence for domestic enterprises. To evaluate the essential differences and progress gaps among transition strategies, FSU countries can be divided into three groups, which reflect variations in institutional control of the government-business relationships. The differences in economic performance in FSU countries can be explained to some extent by examining the diversity of institutional patterns that characterize each category. The results of various empirical analyses positively support the validity of such an analytical framework. In this sense, this paper presents a new viewpoint on the transition process in FSU countries that may complement that shown in existing literature.     

Outsourcing,Discretion, and Administrative Justice: Exploring the Acceptability of Privatized Decision Making

This study explores what happens to administrative justice and to the acceptability of frontline decisions in privatized and marketized models of service. Through the case study of privatized welfare‐to‐work in Israel, it shows the fundamental tension between outsourced discretion and traditional conceptions of administrative justice in which the trustworthiness of decisions relies on the idea that decision makers have no personal interest in the outcome of their decisions. It finds that in the Israeli case, contractors' financial interests were widely perceived as putting their professionals into a conflict of interest, thereby undermining trust in their decisions. At the same time, the study finds the program's managerial performance mechanisms did not provide an alternative legitimacy argument for the acceptability of decisions. The study also analyzes the ways policy makers reconstructed the decision‐making systems to regain public acceptance of frontline decisions, while discussing both the potential and the limits of legitimizing outsourced discretion in such complex public services.     

What Happens When House Members “Run with Congress”? The Electoral Consequences of Institutional Loyalty

This article characterizes the electoral consequences of messages of institutional loyalty and disloyalty sent by incumbent House members to their constituents. We show that, for the contemporary House, there is variation in these messages—not all incumbents in the contemporary House “run for Congress by running against Congress.” Moreover, we show that these messages can, under the right conditions, have significant electoral consequences, even after controlling for party affiliation and district political factors. In addition to demonstrating the electoral relevance of legislators' presentations, our results show an incumbent‐level link between constituents' trust in government and their voting behavior—a link created by interaction between constituents' perceptions, legislators' party affiliations, and the messages that legislators send to their constituents.     

THE CORRECTIONAL ORIENTATION OF PRISON WARDENS: IS THE REHABILITATIVE IDEAL SUPPORTED?*

Over the past two decades, the ideology ostensibly governing correctional policy has been transformed, it is claimed, from liberal-rehabilitative to conservative-punitive. Little empirical in formation is available, however, on whether those who manage correctional institutions—prison wardens—manifest a punitive or reformative orientation to their work Data from a national survey indicate that, while placing a prime emphasis on maintaining custody and institutional order, wardens remain supportive of rehabilitation. Levels of support for treatment, moreover, are only modestly influenced by individual, career, organizational, and contextual variables.     

Building Bridges for Babies in Foster Care: The Babies Can't Wait Initiative

In 2001, the New York State Permanent Judicial Commission on Justice for Children, chaired by New York State's Chief Judge Judith Kaye, developed the Babies Can't Wait Initiative to maximize the well‐being and permanency prospects of infants in foster care. This court‐based innovation became a path to healthy development for babies in foster care, a bridge to unprecedented collaboration among the New York City Family Court, child welfare system, and service providers and merged knowledge about child development with court and child welfare practice. This article tells the story of the Babies Can't Wait Initiative—its creation, implementation, successes, and lessons.     

Health Information Exchange in Memphis: Impact on the Physician-Patient Relationship

Health information exchanges represent one way of making medical information available to practitioners across institutional boundaries. One health information exchange in Memphis Tennessee has been operational since May of 2006 and provides information supporting care for over 1.2 million individuals. Creating such an exchange challenged traditional institutional boundaries, roles, and perceptions. Approaching these challenges required leadership, trust, sound policy, new forms of dialogue, and an incremental approach to technology. Early evidence suggests a positive impact on patient care and a change in the way providers interact with their patients and on another. Personal health records, consolidated EHR systems, and other alternative models promise to have similar impacts on the way in which providers and patients interact with one another.     

Strategic Challenger Entry in a Federal System: The Role of Economic and Political Conditions in State Legislative Competition

Over a third of state legislators do not face challengers when seeking reelection. Existing analyses of state legislative contestation almost exclusively focus on the stable institutional features surrounding elections and ignore conditions that change between elections. I remedy this oversight by investigating how political contexts influence challenger entry. State legislators—particularly members of the governor's party—more often face opposition during weak state economies, but the president's copartisans are even more likely to receive a challenger when the president is unpopular. My findings suggest that both national‐ and state‐level political conditions have an important impact on challengers' entry strategies.     

A Strategic Approach to Regulating Unacceptable Forms of Work

Upgrading low‐waged and insecure work is central to contemporary labour and development initiatives, from the UN Sustainable Development Goals to the United Kingdom ‘Taylor Review’. The International Labour Organization's notion of unacceptable forms of work (UFW) is a crucial contribution. Yet the regulatory frameworks that can effectively address UFW are unclear. This article builds on a novel framework ‐ the Multidimensional Model of UFW. Drawing on theoretical literatures at the frontline of regulation scholarship, it proposes a strategic approach to UFW regulation that supports development, acknowledges the constrained resources of low‐income countries, and targets expansive and sustainable effects. Two key concepts are identified: points of leverage and institutional dynamism. Globally‐prominent regulatory frameworks are assessed as a starting point for mapping the strategic approach: the Mathadi Act of Maharashtra, India; Uruguayan domestic work legislation; minimum wages in the global North and South; and United Kingdom regulation of ‘zero‐hours contracts’.