Organizational cultures as agents of differential association: explaining the variation in bribery practices in Ukrainian universities

This article explores the variation in bureaucratic bribery practices of ordinary Ukrainians. Despite common arguments about corruption-generating structural constraints of economic transition and about the regional culture of corruption in Eastern Europe, interviews with university-affiliated Ukrainians reveal significant variation in rates and patterns of their engagement in bribery. This article shows that participation in corruption is closely associated with actors' exposure to organizational cultures. It uses Edwin Sutherland's differential association theory of crime to argue that the acquisition of definitions that are either favorable or unfavorable to bribery through exposure to different organizational cultures of universities leads Ukrainians to either commit or avoid bribery. Students and professors acquire crime-related definitions through (1) encounters with institutionalized bribery mechanisms, (2) conversations with peers and colleagues with more substantial experience within specific universities; and (3) observations of other students and instructors. Karl Weick's notion of organizational enactment is argued to be the mechanism whereby these learned definitions translate into specific bribery-related behaviors. Inasmuch as acting against these definitions may lead to academic or professional failure, testing their validity is risky for university members. The processes of organizational enactment of bribery-related definitions are, therefore, at the core of organizations' role as agents of differential association. The article concludes with a brief discussion of the potential synthesis of differential association and organizational theories as a powerful tool for the study of bureaucratic corruption.     

Armed,and Dangerous (?): Motivating Rule Adherence Among Agents of Social Control

A key concern within democracies is effectively regulating the behavior of societies' agents of social control, who have coercive power and considerable discretion over their use of that power. This can result in failures to adhere to the rules, policies, and laws dictating appropriate and lawful behavior. This article explores the effectiveness of motivating rule adherence among law enforcement officers and soldiers by focusing upon whether they believe that organizational authorities are legitimate or that rules and policies are morally right or wrong. The results suggest that both values have an important influence upon rule adherence. Further, aspects of organizational culture that encourage such values are identified and shown to be influential in this setting. Results show that the procedural justice of the organization is central to rule adherence. These findings support the argument that encouraging self-regulation via appeals to the values of law enforcement officers and soldiers is a viable strategy for minimizing misconduct, and they suggest how to effectively implement such approaches.     

Legal, workplace, and treatment drug testing with alternate biological matrices on a global scale

Global trends in drug trafficking and drug usage patterns indicate a continuing pattern of escalation throughout the world. Over the last two decades, urinalysis has evolved into a highly accurate means for determining whether individuals have been exposed to illicit drugs of abuse. Advances have also been made in the use of alternate biological matrices such as hair, oral fluids and sweat for drug testing. Often, these new matrices demonstrate some distinct advantages over urinalysis, e.g. less invasive procedures, different time course of drug detection. They may even indicate impairment. National and local laws of each country provide the underpinnings of drug-testing programs, but most countries have not addressed use of these alternate matrices. Currently, only a few countries have statutes that specifically mention use of alternate biological matrices, e.g. United States (Florida state law), Germany, Ireland, Poland and the Czech Republic. Conversely, few countries have prohibited collection of alternate biological specimens or drug test devices that utilize such specimens. In addition, guidelines for implementing drug testing programs have been slow to emerge and most deal primarily with workplace drug testing programs, e.g. United States. Currently, scientific technology utilized in drug testing is advancing rapidly, but there is a clear need for parallel development of guidelines governing the use of alternate matrices for drug testing. This article provides an overview of global drug trafficking patterns and drug use, and results from a survey of legal statutes in 20 countries covering use of alternate matrices for drug testing. In addition, elements needed for the development of guidelines for alternate matrices testing for drugs of abuse are discussed, and specific examples of use of alternate matrices in treatment monitoring are provided.     

The Balance Between Student Drug Testing and Fourth Amendment Rights in Response to Board of Education v. Earls

In 1995, the United States Supreme Court rendered its decision in Vernonia School District 47J v. Acton , holding that a school district's random suspicionless drug testing of student athletes for participation in interscholastic athletics did not violate the Fourth Amendment's prohibition against unreasonable searches and seizures. In light of the Acton decision and in response to statistics indicating that drug use among students is rising, a number of school districts nationwide implemented mandatory drug testing for students. A 2001 study of the student drug-testing policies of Texas school districts confirmed this trend. The Supreme Court recently revisited the issue of random suspicionless drug testing of students in Board of Education v. Earls , where it upheld the district's policy requiring drug testing of students in any extra-curricular activities. This article examines the effects of the Supreme Court's decision in Board of Education v. Earls on Texas school districts' student drug-testing policies.     

Idle Rights: Employees' Rights Consciousness and the Construction of Sexual Harassment Policies

This article analyzes women's legal consciousness in responding to unwanted sexual attention in the workplace. By focusing on a particular social problem, this study is situated in the particular legal domain of sexual harassment laws and in a specific organizational context. Taking the perspective of the intended beneficiaries of sexual harassment policies and procedures—women with complaints about sexual conduct in the workplace—I show that the implementation of grievance procedures creates powerful obstacles to women's efforts to assert those rights. Moreover, the practices implementing the policies can alter the very definition of sexual harassment in that setting. Thus, in enacting grievance procedures, women and supervisors construct a legality in particular workplaces that offers only limited protection for women's rights.     

Organizational stressors and police performance

This study examines the impact organizational stressors have on police performance. Evidence on police stress is mixed whether or not the nature of police work is inherently stressful. A growing body of research suggests police officers are no more stressed than other groups and police work is not especially stressful. Instead, organizational stressors may be a greater source of stress due to various structural arrangements, policies and practices. This cross-sectional study uses survey data (n = 461) from two large urban police departments in Michigan and New Jersey. Multiple regression predicts lower performance as perceived stressors increase and paired-sample t test reveals organizational stressors are significantly different from operational stressors. The results imply the need for structural changes in police organizations. Future research should examine police performance in smaller and mid-size police agencies as well as suburban and rural agencies and widen the participant pool to include superior officers and civilian personnel.     

Barcelona 2002: law, ethics, and human rights. Juggling individual and collective concerns with respect to HIV/AIDS policies

Efforts to prevent the spread of HIV infection sometimes give rise to tensions between individual and collective rights. This article, based on a presentation by Nelson Varas-Díaz (abstract TuOrG1171), explores these tensions in the context of the laws and policies of eight Latin American countries: Costa Rica, Dominican Republic, Ecuador, Guatemala, Honduras, Nicaragua, Panama, and Puerto Rico. The article describes five elements of the response to HIV/AIDS in which tensions between individual and collective rights have surfaced: the participation of people living with HIV/AIDS on national commissions; the ability of HIV-positive persons to access antiretroviral medications; HIV-antibody testing practices; the confidentiality of health information; and the rights and duties of people living with HIV/AIDS. The article concludes that the success of programs designed to prevent the spread of HIV infection depends on the ability of societies and governments to balance the tensions between individual and collective rights.     

食品安全:政府的市场监管不能缺位

本文在分析了食品安全存在的突出问题和矛盾后认为,食品安全问题产生的深层原因是由于食品生产、加工和销售者的道德失范,法律法规、政策的缺憾以及监管主体的不作为和消费者法律意识的淡薄、维权意识的缺失所致.因此,要实现食品安全目标,应当完善相关的法律和政策,创新监管措施和手段,借鉴国外的成功经验.     

Legal Consciousness and Dispute Resolution: Different Disputing Behavior at Two Similar Taxicab Companies

This article examines how workers perceive the laws and rules that regulate their workplaces and how these perceptions differ depending on whether one works in an organization with a high level of worker-manager cooperation versus one with a more conventional hierarchy. Using two cab companies as examples, this article explores how these divergent organizational structures generate different grievance cultures that in turn encourage alternate understanding of availavle choices and appropriate means for resolving such disputes.
This work expands the current sociolegal literature on legal consciousness by focusing on formal and informal workplace grievance resolution and perceptions of workplace conflict. In exploring the critical decision making regarding grievance resolution, this article begins an important discussion about workplace empowerment and legal consciousness. This study uses qualitative methods to examine 33 open-ended interviews. The use of qualitative methods permits a vibrant dialog that illustrates the legal consciousness of the subjects, The subjects'own words reveal their comprehension of rules, regulations, and procedures as well as their individual relationships with the grievance-resolution options in their workplaces.     

The use of medical examinations for employment purposes

This article examines a number of legal issues which arise where medical examinations or tests are used in the employment context, either to test the suitability of a prospective employee in pre-employment situations or to ascertain the fitness of existing employees. Employer justifications for seeking medical information usually relate to attempts to comply with health and safety legislation and to reduce workers compensation costs. This article discusses the legal obligations involved in pre-employment medical testing and, in particular, employee obligations to provide correct information in relation to their health to a prospective employer. It also notes the consequences for employees of providing false information in relation to workers compensation claims and dismissal cases. The article notes the growing trend of requiring drug and alcohol testing for existing employees, particularly in the mining industry. The article concludes by noting that employers need to take care in seeking medical information, and that it should not simply be done as a mechanical, matter-of-course exercise. Failure to observe anti-discrimination laws may result in the employer facing allegations of misuse of medical information and claims for damages for discrimination.     

The Privatization of Public Legal Rights: How Manufacturers Construct the Meaning of Consumer Law

This article demonstrates how the content and meaning of California's consumer protection laws were shaped by automobile manufacturers, the very group these laws were designed to regulate. My analysis draws on and links two literatures that examine the relationship between law and organizations but often overlook one another: political science studies of how businesses influence public legal institutions, and neo-institutional sociology studies of how organizations shape law within their organizational field. By integrating these literatures, I develop an "institutional-political" theory that demonstrates how organizations' construction of law and compliance within an organizational field shapes the meaning of law among legislators and judges. This study examines case law and more than 35 years of California legislative history concerning its consumer warranty laws. Using institutional and political analysis, I show how auto manufacturers, who were initially subject to powerful consumer protection laws, weakened the impact of these laws by creating dispute resolution venues. The legislature and courts subsequently incorporated private dispute resolution venues into statutes and court decisions and made consumer rights and remedies largely contingent on consumers first using manufacturer-sponsored venues. Organizational venue creation resulted in public legal rights being redefined and controlled by private organizations.     

Organizational Social Capital and Performance of Drug Law Enforcement Departments

Supply reduction efforts by drug law enforcement departments are a significant factor in improving the effectiveness of drug control policies. The performance of drug law enforcement departments is one of the most important concerns for policy makers. Therefore, improving the performance of these departments is crucial in order for governments to constrict illegal drug markets and prevent illegal drug distribution. The literature suggests that social capital may have significant impacts on organizational performance. Using survey data from 12 city law enforcement departments in Turkey, this study examines the effects of three social capital dimensions (structural, relational, and cognitive dimensions) on the perceived performance of drug law enforcement departments by using structural equation modeling. The results of this conceptually grounded and empirical study suggest that drug law enforcement departments should pay close attention to promoting social capital among officers in order to fight effectively against drug trafficking.     

The impact of state community benefit laws on the community health orientation and health promotion services of hospitals

This study examined the effect of state community benefit laws and guidelines on the community health orientation and the provision of hospital-based health promotion services in hospitals. The sample included all not-for-profit and investor-owned acute-care hospitals in the United States during the year 2000. Multiple regression procedures were used to test the effect of community benefit laws and type of ownership while controlling for organizational and environmental variables. The results of these procedures indicated that, on average, not-for-profit hospitals in the ten states with community benefit laws/guidelines reported significantly more community health orientation activities than did not-for-profit hospitals in the forty other states. The results of the multiple regression procedures also indicated that, on average, the investor-owned hospitals in the ten states with laws/guidelines reported significantly more community health orientation activities than did the investor-owned hospitals in the forty other states. The study found that community benefit laws had the effect of decreasing ownership-related differences in reported community health orientation activities. Further, Levene's test of equality of variance showed that the not-for-profit hospitals in community benefit states exhibited significantly lower variance in the community health orientation activities when compared with the not-for-profit hospitals in non-community benefit states. However, none of the statistical tests supported the hypotheses that community benefit laws compelled or induced hospitals to offer significantly more health promotion services. The study concluded that coercive measures such as community benefit laws were effective in compelling not-for-profit hospitals to report increased community orientation activities, and it also concluded that the mimetic pressures associated with these laws were effective in inducing investor-owned hospitals to report increased community orientation activities.     

Legal Intermediaries: How Insurance Companies Construct the Meaning of Compliance with Antidiscrimination Laws

Existing empirical research suggests that human resource officials, managers, and in‐house counsel influence the meaning of antidiscrimination law by communicating an altered ideology of what civil rights laws mean that is colored with managerial values. This article explores how insurance companies play a critical and, as yet, unrecognized role in mediating the meaning of antidiscrimination law through Employment Practice Liability Insurance (EPLI). My analysis draws from, links, and contributes to two literatures that examine organizational behavior in different ways: new institutional organizational sociology studies of how organizations respond to legal regulation and sociolegal insurance scholars' research on how institutions govern through risk. Through participant observation at EPLI conferences, interviews, and content analysis of insurance loss prevention manuals, my study bridges these two literatures and highlights how the insurance field uses a risk‐based logic to construct the threat of employment law and influence the form of compliance from employers. Faced with uncertain legal risk concerning potential discrimination violations, insurance institutions elevate the risk and threat in the legal environment and offer EPLI and a series of risk‐management services that build discretion into legal rules and mediate the nature of civil rights compliance. My data suggest that insurance risk‐management services may sometimes be compatible with civil rights goals of improving equality, due process, and fair governance in workplace settings, but at other times may simply make discrimination claims against employers more defensible.     

Allies Already Poised to Comply: How Social Proximity Affects Lactation at Work Law Compliance

This study demonstrates how legal compliance may be better achieved when organizations include individuals who will advocate for newly codified rights and related accommodations. To understand compliance with a new law and the rights it confers, this article examines as its case study the Lactation at Work law, which amends the Fair Labor Standards Act to mandate basic provisions for employees to express breast milk at work. In particular, this study interviewed those organizational actors who translate the law into the policies affecting workers' daily lives: supervising mangers and human resources personnel. Those studied in this article were “Allies Already:” friends or relatives of breastfeeding workers, or ones themselves, who held pro‐breastfeeding values and understood the complexities of combining lactation and employment. They mobilized within their organization to comply with the law swiftly and fully—often even overcomplying. This article demonstrates how heightened compliance, particularly with new laws, may be achieved even without directly affected actors mobilizing their own rights if allies champion needed accommodations.     

Drug testing sworn law enforcement officers: One agency's experience

The use of drug testing to detect drug use and to screen prospective employees has become commonplace in many occupations, both in the public and private sector. Due to the sensitive nature of their duties, drug testing in law enforcement agencies has become nearly universal, especially as a tool to screen applicants. Despite the fact that many large agencies routinely use drug testing, relatively little is known about the rate at which officers test positive for drug use, characteristics of officers who test positive, nor the drug of choice among currently employed sworn law enforcement personnel. The purpose of this article is to discuss various issues related to drug testing in the workplace and to explore one agency's experience with randomized drug testing of its sworn officers.     

Context and Change: The Evolution of Pioneering Drug Courts in Portland and Las Vegas (1991–1998)

Drug courts in the United States are still relatively young, but they have proliferated dramatically since the first innovation in Miami in 1989. Research focusing on drug courts is now beginning to gain momentum, though it still lags considerably behind the growth of the movement itself. This article describes findings from a first "longitudinal" examination of two of the nation's first and longest operating courts in Portland and Las Vegas, focusing on the dynamic nature of the evolution of the model as adapted in each site. In particular, the research considers the impact of contextual factors – laws, administrative policies, and federal court orders – on the growth of drug court models in each jurisdiction as measured through their screening and enrolling mechanisms over time. The time series analyses suggest that several contextual factors played an important role in shaping these courts and affecting their impact on the target populations and the results they produced. The longitudinal findings illustrate the importance of context in making sense of "normal" evaluation findings and emphasize the dynamic nature of the change process in implementing innovative policy in the criminal courts.     

Assessing Police Attitudes Toward Drugs and Drug Enforcement

The American War on Drugs has been a long and protracted battle. On the front lines are local, state and federal drug enforcement officers who are tasked with pursuing drug users and dealers. Empirically, officers’ attitudes about the laws they uphold have been shown to impact how aggressively they enforce those laws and the discretion they employ. Although there is a well established body of literature which documents the importance of discretionary dynamics in many areas of law enforcement, we know almost nothing about narcotics officers’ attitudes toward drugs and drug enforcement. Hence, we are unaware of extremely important variables that almost certainly impact and influence front line drug officers. This study fills that gap by examining the survey responses of over 1,000 drug interdiction officers at all levels of law enforcement, measuring their attitudes toward various drugs and the relative harm they incur, along with existing and proposed policies and strategies. The results are discussed in terms of their enforcement and policy implications.     

The labor impacts of policy change in health care: how federal policy transformed home health organizations and their labor practices

Health care organizations are highly labor-intensive; policies designed to stimulate organizational change are likely to have labor impacts. This paper examines the labor effects of policy change in home health care. Major federal home care policy trends since 1980 have spurred the evolution of the typical home care provider toward greater organizational and market rationality. Greater managerial sophistication has introduced changes in management/labor relations. Survey data from the 1986 DRG Impact Study are used to show how the pressure of cost-containment policies has pushed agencies to cut labor costs by increasing workloads, managerial supervision, and control of the work process. Research on the effects of recent policy change in health care has to date focused primarily on potential client effects. Labor impacts are rarely examined and are poorly understood at the time that policy is made. Findings in this article suggest that these issues deserve greater, more systematic attention, because unanticipated labor impacts may prove to be significant impediments to the realization of intended policy goals.     

Real reform begins within: an organizational approach to health care reform

Health care systems are under pressure to control their increasing costs, to better adapt to evolving demands, to improve the quality and safety of care, and ultimately to ameliorate the health of their populations. This article looks at a battery of organizational options aimed at transforming health care systems and argues that more attention must be paid to reforming the delivery mechanisms that are so crucial for health care systems' overall performance. To support improvement, policies can rely on organizational assets in two ways. First, reforms can promote the creation of new organizational forms; second, they can employ organizational levers (e.g., capacity development, team-based organizations, evidence-informed practices) to achieve specific policy goals. In both cases organizational assets are mobilized with a view to creating complete health care organizations -- that is to say, organizations that have the capacity to function as high-performing systems. The challenges confronting the development of more complete health care organizations are significant. Real health care system reforms may likewise require implementing ecologies of complex innovation at the clinical, organizational, and policy levels. Policies play a determining role in shaping these new spaces for action so that day-to-day practices may change.