Legal influences on local education powers in the Netherlands: A European and international dimension?

One of the most striking recent developments in education in the Netherlands is the shift of powers from the central national level to the local level for several education policy fields, most notably for the policies aimed at reducing social and education disadvantages and those aimed at the integration of non-nationals into Dutch society. In this article, the influences from European and international law on this Dutch development are being discussed. The conclusion is that there must be a European influence on the contents of national policy matters as such in a general manner, but that the legislation influence stays behind in development.     

Chronic disease and the shifting focus of public health: is prevention still a political lightweight?

Why is it so politically difficult to obtain government investment in public health initiatives that are aimed at addressing chronic disease? This article examines the structural disadvantage faced by those who advocate for public health policies and practices to reduce chronic disease related to people's unhealthy lifestyles and physical environments. It identifies common features that make it difficult to establish and maintain initiatives to prevent or reduce costly illness and physical suffering: (1) public health benefits are generally dispersed and delayed; (2) benefactors of public health are generally unknown and taken for granted; (3) the costs of many public health initiatives are concentrated and generate opposition from those who would pay them; and (4) public health often clashes with moral values or social norms. The article concludes by discussing the importance of a new paradigm, "health in all policies," that targets the enormous health and economic burdens associated with chronic conditions and asserts a need for new policies, practices, and participation beyond the confines of traditional public health agencies and services.     

Turning the Other Cheek: Reassessing the Impact of Religion on Punitive Ideology

Religion has long been recognized as an underlying aspect of correctional policies. Researchers, however, have only recently begun to move beyond considerations of how fundamentalist Christian affiliations might shape preferences for punitive correctional policies. The present study broadens the extant research by examining multiple aspects of religious beliefs and how they affect support for capital punishment and harsher local courts. Analyses of General Social Survey data show that religion has divergent effects. Beyond a mere fundamentalist or conservative religious view, those who have a rigid and moralistic approach to religion and who imagine God as a dispassionate, powerful figure who dispenses justice are more likely to harbor punitive sentiments toward offenders. In contrast, those who have a gracious or loving image of God and who are compassionate toward others—that is, those who take seriously the admonition to “turn the other cheek”—are less supportive of “get tough” policies. In the end, not only is religion a multi‐dimensional phenomenon but also its features likely coalesce to divide believers into opposite camps—with one set of attributes fostering harsh sentiments toward offenders and another set of attributes tempering punitiveness and justifying interventions aimed at helping the criminally wayward.     

Corruption and reform in China: An analysis of unintended consequences

Although market-driven reforms are bringing hope for China's economic development, there has been an increasing visibility of corruption in the reform process. This article examines the relationship between corruption and reform in China by relating the corruption issue to certain reform policies. It finds that corruption results from unintended consequences of some intended reform policies, as these policies aimed at transforming China's socioeconomic structures at the same time inadvertently produce some political and economic conditions conducive to corruption. The unintended consequences are controllable, however, if a balanced reform agenda is developed.     

A Lust for Treasure and a Love of Gold…or Desperation? Global Facilitation of Piracy,Neoliberal Policies and the Control of the Somali Pirate

The issue of piracy is most often framed as being the product of dangerous individuals plundering and murdering for personal gain. What is less often discussed are the state, political, economic, and corporate interests that intersect with piracy (i.e. the corporate interest demand for protection of global shipping routes that are instrumental for capital accumulation in the world market). Here I utilize the concept of crimes of globalization to demonstrate that the motivations that undergird policies aimed at controlling piracy today are not dissimilar to those promoted through international financial institutions in their effort to advance the economic interests of highly empowered countries at the expense of addressing localized needs.     

When Are Transport Pricing Policies Fair and Acceptable?

This study examines the relative importance of six policy outcomes related to different fairness principles for the perceived fairness and acceptability of pricing policies aimed at changing transport behaviour. The fairness and acceptability of six different types of transport pricing policies were systematically higher if policy outcomes were related to environmental justice and equality. The policy measures were evaluated as more acceptable and fair when respondents believed that future generations, nature and the environment were protected (reflecting environmental justice), and to a lesser extent, when everybody was equally affected by the policy outcomes (reflecting equality), irrespective of absolute differences in fairness and acceptability of the policies. Policy outcomes reflecting egoistic concerns (e.g. being financially worse off and being worse off than others) and equity (e.g. proportional to people’s income and contribution to problems) were related to the fairness and acceptability of some policy measures, but no systematic pattern was found across six policy measures. This suggests that policy outcomes related to distributions that focus on collective considerations appear to be more important for the fairness and acceptability of transport pricing policies than those focusing on individual interests. Theoretical and practical implications of these results are discussed.     

Emergency powers,anti-corruption,and policy failures during the COVID-19 pandemic in Puerto Rico

This paper explores how the use of emergency powers by the US and Puerto Rican governments exacerbated the impact of the COVID-19 pandemic and manufactured the conditions for furthering the multilayered economic, legal, political, and humanitarian crisis affecting Puerto Rico since 2006. The paper discusses three cases. First, it examines how the multiple declarations of the state of emergency, and its constant renewals, produced contradictory public health policies. Since the start of the COVID-19 pandemic in March 2020, the Puerto Rican government has issued over 90 executive orders aimed at addressing the emergency, producing an unclear, contradictory, and unequal emergency management policy. Second, the paper focuses on the impact of the passing of Law 35 on April 5, 2020, which imposed severe penalties on those who disobeyed executive orders. As a result, hundreds of Puerto Ricans were arrested, fined, and incarcerated for violating the issued order. Third, the paper studies how, citing the presence of corruption, the Puerto Rican government implemented anti-corruption and anti-fraud policies that made it more difficult for those most in need of it—mainly poor and racialized individuals, as well as immigrants and working women—to access Pandemic Unemployment Assistance. Thus, the paper argues that emergency policies designed to address the pandemic, punitive governance, and anti-corruption and anti-fraud policies undermined Puerto Rico's capacity to handle the pandemic, exacerbated its impact, and created an unequal recovery scenario.     

The community corrections perspective toward sex offender management policies and collateral consequences: does contact with sex offenders matter?

Since the 1990s, numerous policies have been enacted aimed at managing sex offenders in the community. Two of the most prominent management policies are registries for sex offenders and residence restrictions. Community corrections professionals are tasked with enforcing these policies and yet little is known about their perceptions toward sex offenders and the policies in place to manage them. Prior research has suggested that contact with sex offenders may place a significant role in shaping the attitudes of community corrections professionals toward sex offender management policies and collateral consequences. The current study investigates the effect of contact with sex offenders on the perceptions of community corrections professionals (n = 209) toward sex offender management policies and collateral consequences faced by sex offenders. Findings suggest that contact with sex offenders does not influence the attitudes of community corrections professionals, but several other significant factors were revealed including parental status, political orientation, race, tenure, sex, and age.     

A simulation model of tobacco youth access policies

Empirical studies have found that policies aimed at reducing youth access to tobacco have been successful at increasing retail compliance, but their effects on actual tobacco use are mixed. This article presents a model of youth access policies that helps explain the apparently conflicting results in the extant literature, provides a framework for future empirical studies, and suggests implications for public policy. Our model highlights the interaction of components in a well-designed policy, including sufficient compliance checks, penalties, and community involvement. It also illustrates why it will be difficult to eliminate all of youth supply. Nonretail sources, such as borrowing or stealing from parents and siblings and purchasing from older peers through black markets, are an important component of youth supply and become more important as retail access is reduced. The analysis is limited to policies that affect the retail supply of cigarettes but suggests the need for other policies that affect the demand for cigarettes, such as taxes and cessation policies, in order to further reduce youth smoking rates.     

Putting Flesh on the Skeleton: South African Judicial Enforcement of the Right to Adequate Housing of Those Subject to Evictions

Access to adequate housing is one of the greatest challengesfacing the South African government today. The country's housingsituation is characterised by a severe housing shortage, a hugebacklog in the provision of housing, provision of inadequatehousing and severe overcrowding in existing dwellings. In addition,evictions that at times result in homelessness are a daily occurrence.The government has put in place a number of legislative andother measures aimed at realising the right to adequate housing.However, the difficulty that remains is translating these lawsand policies into reality, resulting in safe, secure and affordableliving conditions for the poor and vulnerable. This articleexamines how South African courts have sought to enforce theright to adequate housing of those faced with evictions throughinterpreting the constitutional provision on this right andthe corresponding state duty, while at the same time, protectingthe rights of landowners.     

独立政法院校专业改革初探

独立政法院校①经过50余年的发展,虽因管理体制变化使具有“共同血统”的五所独立政法院校归属各异,但在其长期发展过程中形成了基本相同或相似的办学理念、办学特色、办学模式和学科结构。其突出特点是专业的单一性。本文在运用现代大学办学理念分析独立政法院校现存矛盾的基础上,提出了独立政法院校通过专业调整突破单科性的办学模式。即以独立政法院校从单科向多科性大学的转变为目标,以国家对法学教育体制的改革政策为杠杆,提高法学专业的办学层次,调整本科教育阶段法学与非法学的学生比例,进而形成法学与非法学的良性互动。     

Penal harm and unusual conditions of confinement: Inmate perceptions of ‘hard time’ in jail

Despite the increasingly punitive public policies of the past three decades and the concomitant ‘get tough’ rhetoric aimed at reducing prison and jail amenities, little is known about inmates’ perceptions of punishment. Prison and jail administrators often justify their efforts to increase the “pains of imprisonment” for incarcerated offenders on the basis of retribution and deterrence, but these policies appear to be more symbolic than substantive in nature. Using interview data from 232 inmates about to be released from a large county jail renown for its ‘get tough ’ policies, this study examined inmate perceptions of their unusual conditions of confinement. Findings suggest that many of these policies were benign or even counterproductive to the extent that they promoted a defiant response from offenders.     

Independent Self-Construal and Opposition to Affirmative Action: The Role of Microjustice and Macrojustice Preferences

Why are people with a stronger independent self-construal more opposed to affirmative action than those with a weaker independent self-construal? Drawing on prior research, we predicted that this is because the former endorse microjustice principles—which are perceived to be violated by affirmative action—and disregard macrojustice principles—which affirmative action seeks to ensure. In contrast, people with a weak independent self-construal endorse both microjustice and macrojustice. The results from three studies support our reasoning. Our research contributes to theorizing on affirmative action by illuminating the important role of both microjustice and macrojustice concerns in predicting opposition to affirmative action. We discuss the implications of our research within the North American context for increasing people’s endorsement of macrojustice in an effort to mitigate opposition to social policies aimed at redressing societal injustice.     

The international drug control regime’s straight jacket: are there any policy options?

All societies have to control individual behaviors that are considered as socially damaging. The use of mind altering drugs is one such behavior. These controls have always been determined locally but in the 20th Century an international drug control regime was developed that established a globally unified normative control system formulated in the three United Nations drug conventions. The global normative system is based on a prohibitionist paradigm. The international norms are very difficult to change and impose strong restrictions on the ways in which countries may manage addictive mind altering drugs. The essay surveys the development of the international drug control regime, identifies its main characteristics and makes a naïve proposal to manage the consumption of those drugs through an insurance system aimed at minimizing the sum of the social costs generated by drug addiction and anti-drug policies.     

The generic drug market in Japan: will it finally take off?

Historically, brand-name pharmaceuticals have enjoyed long periods of market exclusivity in Japan, given the limited use of generics after patent expiration. To improve the efficiency of the health-care system, however, the government has recently implemented various policies aimed at increasing generic substitution. Although this has created expectations that the Japanese generic drug market may finally take off, to date, generic usage has increased only modestly. After reviewing the incentives of key market participants to choose generics, we argue that previous government policies did not provide proper incentives for pharmacies to boost generic substitution. We offer some recommendations that may help to increase generic usage.     

Linking EU climate and energy policies: policy-making,implementation and reform

This contribution examines the EU’s innovative climate and energy package: how this package of binding policies has been initiated, decided, implemented and reformed. The key argument is that linking climate and energy concerns can help to explain how the EU managed to adopt an ambitious package of policies aimed at achieving 2020 goals. The combination of differently valued issues, side payments to overcome distributional obstacles and the creation of synergies contributed to a successfully negotiated outcome. The consequences for implementation and further policy development towards 2030 are explained by challenges in reproducing these joint EU-level gains at national level and by new circumstances. This may weaken the EU’s chances of realizing a low-carbon economy and ‘leadership by example’ in international climate policy.     

Meet the new boss: Institutional change and loose coupling in parole and probation

The authors use the institutional theory of organizations to argue that historical changes in parole and probation are ceremonial in the sense that they are aimed at an institutional audience and have had little effect on the day-to-day work of line-level officers. A review of the history of community corrections in the US suggests that parole and probation can be described in four eras, each era marked by a particular pattern of institutional authority and by corresponding changes in the structure, goals, and policies of parole and probation. By loosely coupling the work of street-level parole and probation agents to organizational goals and policies and minimizing caseload problems via surveillance and information-gathering techniques, the day-to-day activity of parole and probation officers has been largely unaffected.     

The Adaptation of Migrants in Russia

This issue of Russian Politics and Law addresses the topic of migration from the point of view of the host country, examining the tensions inherent in accepting large numbers of migrants, and the government policies aimed at immigrant integration at both the national and local levels. The articles in this issue demonstrate that government efforts to push immigrants to integrate into their host communities by learning the Russian language, abandoning traditional customs, and encouraging their children to assimilate have had limited success.     

Emotional Reactions to and Support for Immigrant Policies: Attributed Responsibilities to Categories of Asylum Seekers

Dutch participants were asked about their support for immigrant policies aimed at public assistance, opportunities, and rights for asylum seekers. In two studies, the degree of support was examined as a consequence of feelings of anger and sympathy toward asylum seekers. In the first study, both emotions were independently related to support for immigrant policies. Anger had a strong negative effect and sympathy a positive one. In the second experimental study, the effects of these emotional responses on support for immigrant policies were examined for two categories of asylum seekers: political refugees who have little choice but to migrate and so called economic refugees who themselves chose to migrate. These two categories feature in public debates and differ in the perceived responsibility of asylum seekers for leaving their home country. It was found that for political refugees only feelings of sympathy affected policy support, whereas for economic refugees only feelings of anger predicted policy support. In both studies, national identification was negatively related to support for immigrant policies and it did not moderate the effects of anger and sympathy. There was some evidence that anger mediated the relationship between national identification and policy support.