Organizational corruption by public hospitals in China

This article studies the rise of organizational corruption by public hospitals in China since the 1990s and its impacts. Organizational corruption refers to the exploitation of public authority by a government agency for its monetary or material gains. This article argues that a combination of three major factors contributed to the rise of organizational corruption by public hospitals. First, the Chinese government substantially reduced its financial commitment to the health sector since the mid-1980s. To compensate for the retrenchment of government health outlays, public hospitals are authorized to earn revenue, keep and use all budgetary surpluses. This policy provided numerous opportunities and incentives for hospitals to engage in corruption. The second factor concerns the excessive and chaotic development of the pharmaceutical sector. Intense competition has prompted many drug firms to offer bribes to public hospitals so that their products would be purchased. Finally, the state regulatory infrastructure has failed to check the spread of corrupt practices. The study raised two broader implications. First, it highlights the pitfall of retrenchment of government outlays and the subsequent policy of allowing state agencies to generate, retain and use the revenue, in the absence of an effective regulatory infrastructure. Second, the prevalence of organizational corruption indicates that the nature of public hospitals in China has been transformed. Instead of providing efficient, safe and affordable treatment for patients, many public hospitals have engaged in predatory behavior that is harmful to patients’ health.     

Is blue going green?

A number of American police agencies appear to have gone “green” by adopting a range of environmental sustainability initiatives. This article situates their efforts within a similar movement afoot throughout urban government and then explores potential theoretical explanations for them. Problems and benefits associated with environmentally-conscious police reforms are also discussed. Along the way, the author lays out a research agenda for scholars interested in further study of the apparent greening of policing.     

Common Misconceptions Regarding the Environmental Regulatory System

To deal effectively with environmental regulatory agencies and to better defend environmental claims requires a clear understanding of the regulatory agencies. This article examines some popularly held views about the environmental regulatory agencies that have little or no basis in fact and that can lead to greater costs and greater difficulty in dealing effectively with environmental issues.     

The front and back stages of carceral expansion marketing in Canada

This article examines how provincial and territorial government agencies and prison authorities in Canada promote new penal infrastructure initiatives. Through an analysis of press releases, websites, opening ceremonies and open houses to promote jail and prison construction projects, our analysis reveals discourses that are legitimating carceral expansion in the Canadian context including: the pursuit of public safety and institutional security; providing opportunities for rehabilitation and healing; addressing the legacies of colonization through the ‘indigenizing’ of imprisonment; generating economic stimulus through prison-related employment and other financial contributions; and the establishment of ‘environmentally-friendly’ prisons. Drawing from government records obtained using Access to Information and Freedom of Information requests, we also provide examples of how front stage messages communicated to the public are assembled by bureaucrats and marketing firms in the back stage of these punishment campaigns.     

Devastation in the aftermath of Hurricane Katrina as a state crime: social audience reactions

In the 5 years since Hurricane Katrina struck the Gulf Coast, scholars in many disciplines have speculated on the sources of the widespread devastation. While many of these studies have focused on objective evidence of the violation of human rights following Hurricane Katrina, this study reviews the human rights violations and goes a step further by examining social audience reactions (both victims and the general public) to the government’s response efforts. Relying on Green and Ward’s (Green 2009; Green and Ward Social Justice, 27, 101–115, 2000; 2004) human rights/organizational deviance definition, which sees state crime as human rights violations that result from state organizational deviance, we attempt to provide further evidence of this case as one of state crime. This article presents results from binary logistic regression analyses that assess the likelihood of respondents disapproving of the actions of officials from various levels of government after the hurricane using data from a survey of Hurricane Katrina evacuees completed by The Washington Post/Kaiser Family Foundation/Harvard University (The Washington Post/Kaiser Family Foundation/Harvard University 2005) in the weeks after the storm, and data from a special topics ABC News/Washington Post public opinion survey completed in September of 2005 (ABC News/The Washington Post 2006). Key findings in this study include a strong similarity of results across data sets for race, sex, and religion with regards to respondents disapproving responses to the storm devastation at the federal level. A clear majority of respondents in both data sets disapproved of the actions of some level of government, further implying negative audience reactions, and thus the need to recognize the government’s response to Hurricane Katrina as a state crime.     

Environmental “Citizen Suits” in the Czech Republic

For several decades citizens of the Czech Republic have endured a severely degraded environment, stemming partially from reportedly lax enforcement of environmental protection laws. During this period, Czech citizens have lacked the right to litigate citizen suits as a means of increasing environmental enforcement and have never initiated civil litigation against a polluter. However, since 1958, Czech citizens have exercised the right to use citizen correspondence as a means of pursuing their legal interests by alerting government agencies to environmental problems. By Czech law, citizen correspondence obligates government agencies to respond to the cited environmental problems. This paper analyzes how environmental authorities responded to citizen correspondence related to water problems (e.g., drinking water contamination) during the years 1988 to 1992. Since responses may include enforcement actions—monetary fines, remediation requirements (i.e., mandatory cleanup), and correction requirements (e.g., replacement of a leaky storage tank), this type of legal action on the part of citizens approximates a citizen suit. By examining enforcement actions taken in response to these citizen suits, this paper is able to test hypotheses regarding the relationships among the three different types of enforcement actions and empirically identify the liability rule guiding each type of enforcement action.     

Toward reorganization of government services: An analysis of the police role

The lack of consensus regarding the overall role of police in society creates numerous operational and management problems. This article examines the police role from theoretical and applied standpoints in an effort to determine consensus areas. It is postulated that role diffusion has created problems affecting police productivity. Finally, other peripheral government agencies are examined along these same lines and suggestions for the reorganization of public service agencies are proposed in an effort to increase overall government productivity.     

Green Markets: Environmental Regulation by the Private Sector*

The article begins with a review of recent trends in the devolution of state functions to nongovernment institutions, and discusses how private interests may be enlisted in furtherance of public policy. It then outlines a variety of institutions and instruments which might comprise a system of regulation for environmental protection, and suggests some of the forms of interaction between them. The focus then turns to commercial activity which can further the interests of environmental protection. It summarizes eight emerging trends in “green commerce” and concludes that in some settings, the constructive influence of commercial forces can exceed that wielded by government agencies.     

Surveillance of environmental movements in Canada: critical infrastructure protection and the petro-security apparatus

A convergence of post-9/11 security governance practices and a dependence on extractive economies has resulted in changes to the way Canadian policing agencies classify environmental movements. We detail how the category of ‘critical infrastructure protection’ (CIP) now enables surveillance of environmentalists under the banner of national security. We examine the growth of CIP as a security category, its changing character from the Cold War to the present, and the role of threat entrepreneurs. We demonstrate that CIP networks have institutionalized collaborations between national security agencies and energy corporations, creating a petro-security apparatus that aims to suppress dissent. We conclude with reflections on what surveillance regimes driven by the petro-security apparatus mean for debates about national security and social movements.     

行政权力的政治监督——以美国行政法为视角

探讨美国联邦政府不同部门对行政权力的政治制衡,主要包括议会、行政首长以及行政部门的自我监督。美国经验表明,政治监督是防止行政滥用权力的重要保障。事实上,有效的政治监督是行政法治的必要条件。     

Limitations on an employer's right to discipline and discharge employees

An employer's prerogative to discipline and discharge its employees has been substantially infringed by the courts, state legislatures, Congress, and governmental agencies. In its recent Materials Research decision, the National Labor Relations Board has expanded the Weingarten principle by limiting the employer's ability to conduct investigatory and disciplinary interviews of nonunion employees. In addition, state courts and legislatures have begun to scrutinize the grounds for an employer's discharge of an employee, and Congress has statutorily prohibited the discipline or discharge of employees who "blow the whistle" on their employers under certain circumstances. This article will evaluate recent developments in this area of law and explore their impact on an employer's right to discipline and discharge its employees.     

法治语境下网络谣言的政府规制

摘 要;随着互联网的普及,网络谣言也开始广泛传播,不仅给社会稳定、经济发展和人民群众的生产生活造成了诸多危害,而且使政府公信力面临严峻的挑战.本文概述了网络谣言的基础理论,分析了政府规制网络谣言的必要性、可行性,并结合域外治理网络谣言的经验,探讨了我国治理网络谣言的法治路径：即提高政府责任意识和服务意识,推动政府信息公开发布;疏通公众权利救济渠道,将社会矛盾解决在萌芽状态;明确界定言论自由和网络谣言的边界,不枉不纵治理网络造谣等不法行为;严格网络监管,将制造网络谣言与公民个人信用记录挂钩以及强化网络服务提供商的责任和义务.     

Guarding against Nanotort Liabilities

Recent headlines comparing the health risks of nanotechnology to those of asbestos have appeared in newspapers throughout the country and on the Internet. Governmental agencies and standard-setting organizations have begun considering and actually adopting requirements to protect against such purported risks. The plaintiffs’ bar and potential plaintiffs have surely taken note. There is every reason to believe that the era of mass tort and class actions related to nanotechnology—“nanotorts” for short—is rapidly approaching. This article examines what nanotort claims might look like, the role that regulations and industry practices may play in such lawsuits, potential defenses to those claims, and what nanotech companies can do now to guard against future nanotort liabilities.     

Expert Policy Analysis and Bureaucratic Politics: Searching for the Causes of the 1987 Stock Market Crash

Shortly after the 1987 stock market crash four government agencies published studies analyzing the causes of the crash. Their analyses and explanations were at odds with each other. This article explores how weak theory, the methodological variations, and problem definition fed the political orientations of the agencies and shaped the agencies' analyses. Basically it shows how sophisticated policy analysis can serve political and bureaucratic ends.     

A Framework for Assessing Groundwater Damages from Contamination

Certain government agencies and Indian tribes can recover compensatory damages for injuries to groundwater caused by releases of hazardous substances. Several states have initiated claims for groundwater damages from contamination without specific guidance for assessing such damages. Many settlements have occurred, but in states such as New Mexico and New Jersey, the trustees for these natural resources have not been successful when litigating their groundwater damage claims, largely because their claims were not consistent with well-established scientific and economic principles. This article provides a framework for assessing groundwater damages from contamination that is based on well-established scientific and economic principles.     

从美国的环境执法看非强制行政

在环境执法领域,美国行政机关充分运用市场机制等经济协调手段、金融手段以及行政奖励诱导和鼓励投资者遵守环境法规,并通过信息公开加强执法者与管理者的交流、沟通,促进、鼓励公众参与环境立法和执法,这种非强制行政执法模式取得了良好成效。美国的非强制行政理论与模式对于我国建立以人为本的行政执法机制、促进法律运行的现代化有重要借鉴意义。     

Delegation Dilemmas: Coalition Size,Electoral Risk,and Regulatory Governance in New Democracies

This article addresses the determinants of regulatory agency design in multiparty‐coalition governments. Previous research has mainly focused on U.S. institutions, producing context‐specific findings. We found electoral uncertainty, government turnover, and coalition size to be key factors explaining the bureaucratic autonomy of 31 state regulatory agencies recently created at the subnational level in Brazil. The legislative support that chief executives enjoy only acquires explanatory power when it is interacted with government turnover. Because Brazilian governors have great ability to build oversized majority coalitions, coalition strength influences the governor's strategy when the governor faces credible threats from rival elite groups.     

Regulatory beneficiaries and informal agency policymaking

Administrative agencies frequently use guidance documents to set policy broadly and prospectively in areas ranging from Department of Education Title IX enforcement to Food and Drug Administration regulation of direct-to- consumer pharmaceutical advertising. In form, these guidances often closely resemble the policies agencies issue in ordinary notice-and-comment rulemaking. However, guidances are generally developed with little public participation and are often immune from judicial review. Nonetheless, guidances can prompt significant changes in behavior from those the agencies regulate. A number of commentators have guardedly defended the current state of affairs. Though guidances lack some important procedural safeguards, they can help agencies supervise low-level employees and supply valuable information to regulated entities regarding how an agency will implement a program. Thus far, however, the debate has largely ignored the distinct and substantial interests of regulatory beneficiaries--those who expect to benefit from government regulation of others. Regulatory beneficiaries include, among others, pharmaceutical consumers, environmental users, and workers seeking safe workplaces. When agencies make policy informally, regulatory beneficiaries suffer distinctive losses to their ability to participate in the agency's decision and to invoke judicial review. This Article argues that considering the interests of regulatory beneficiaries strengthens the case for procedural reform. The Article then assesses some possible solutions.     

Disaster,Displacement, and Casework: Uncertainty and Assistance after Hurricane Katrina

Casework in the United States in social welfare programs has been limited in what caseworkers can do, as what they do has been tightly structured by rules. Recently, scholars have argued that episodic assistance in disaster brings sympathy in public policy more than restriction. The sympathy after disaster brings new money, and individual assistance is in turn the subject of casework. This article relies upon interviews, observations, and government documents to assess how casework served displaced people after Hurricane Katrina. The article finds that caseworkers after Katrina were caught in a program that would end at some uncertain time, and with new and unclear rules that changed frequently, making the sympathy difficult to enact for many of the poorest people. Casework after disaster is episodic and convened by nonprofits and, after Katrina, paid for by a large grant and then written into statute. Assistance for displaced people is likely to continue, given the expectation of more disasters and rising sea levels. The question of how it is like or unlike other forms of assistance and what sympathy in policy means in helping displaced people is therefore likely to continue to matter.     

Containing hospital labor costs--a separate-industries approach.

Steadily increasing costs in hospitals and other health care facilities have been of increasing concern to government agencies and the public alike. In recent years state legislatures and state cost review boards have acted to control these ever-escalating costs. The role played by these third parties in the collective bargaining process, the impact of cost control laws and regulations, and the constraints thus imposed upon the parties directly involved are the subjects of this thought-provoking article.