Assessing Legitimate Structures for the Making of Transnational Labour Law: The Durability of Corporatism

In recent years, there has been greater scrutiny of the legitimacyof governance within international and regional institutionsand an emerging interest in deliberative democracy. This paperexamines the potential impact of these trends on the survivalof current mechanisms for the making of transnational labourlaw, which may be thought to reflect corporatist rather thanpluralist or deliberative practices. We focus on two examples:the tripartite constitutional foundation of the InternationalLabour Organisation, which ensures that employer and workerrepresentatives share in standard-setting alongside governmentrepresentatives, and the predominantly bipartite process ofsocial dialogue between management and labour for the formulationof European Community social policy. Despite significant differencesin approach, both organisations have chosen to prioritise participationby trade unions and employer representatives within designatedbargaining structures that are ostensibly designed to achievesome balance in their relative influence; however, the reasonsfor this preference have not always been apparent. This paperinvestigates how corporatist structures have been adapted forapplication at the international and European level, and seeksto analyse their potential for legitimacy, and thereby theirdurability.     

Infrared Spectra of U.S. Automobile Original Finishes (1998–2000). IX. Identification of Bismuth Oxychloride and Silver/White Mica Pearlescent Pigments Using Extended Range FT‐IR Spectroscopy,XRF Spectrometry,and SEM/EDS Analysis

Bismuth oxychloride (BiOCl) was the first viable synthetic pearl pigment developed 50 years ago. It was only used for a limited time period in automotive paint (model years 1998–2000), serving to produce luster for a single Chrysler black metallic color. Identification of this pigment in an unknown automotive paint can thus facilitate determination of the vehicle of origin. Bismuth oxychloride imparts effects similar to those produced by silver/white mica pearlescent pigments, and such a pigment was used together with bismuth oxychloride in at least one original equipment manufacturer (OEM) basecoat. Silver/white micas are now used primarily in white pearl tricoat systems. This article describes the identification of bismuth oxychloride and silver/white mica pearlescent pigments in automotive finishes using FT‐IR spectroscopy, X‐ray fluorescence (XRF) spectrometry, and SEM/EDS analysis. Data for some cadmium pigments, which were used in automotive paint several decades ago, are also presented as they produce infrared absorptions similar to that of bismuth oxychloride.     

Understanding economic abuse in the lives of survivors

Intimate partner violence (IPV) often includes economic abuse as one tactic commonly used by an abuser; unfortunately, there is a lack of empirical understanding of economic abuse. Additionally, research is limited on the predictors of economic self-sufficiency in the lives of women experiencing IPV. This paper furthers our knowledge about economic abuse and its relationship with economic self-sufficiency by presenting the results from an exploratory study with IPV survivors participating in a financial literacy program. Of the 120 individuals who participated in the first wave, 94% experienced some form of economic abuse, which also correlated highly with other forms of IPV. Seventy-nine percent experienced some form of economic control, 79% experienced economic exploitative behaviors, and 78% experienced employment sabotage. MANOVA results also indicated that economic control differed significantly based on education with those with a high school education experiencing higher rates than those with less than high school education or those with some college. Finally, results from the OLS regressions indicated that experiencing any form of economic abuse as well as economic control significantly predicted a decrease in economic self sufficiency. Implications suggest that advocates should assess for economic abuse when working with survivors and should be prepared to offer financial tools to increase survivors' economic self-sufficiency. Policymakers should understand the ramifications of economic abuse and create policies that support survivors and prohibit economic abuse. Finally, more research is needed to fully understand economic abuse and its impact on survivors and their economic self-sufficiency.     

Industry/University interaction for simulation-based process improvement

This paper describes an effort by industry and university partners to centralize manufacturing decision making through the development of generic simulation tools. This ongoing, cooperative process improvement initiative between the Industrial and Systems Engineering faculty at the University of Alabama in Huntsville (UAH) and Chrysler’s Huntsville Electronics Division (HED) permits the involved faculty to broaden their experience and technical expertise in electronics fabrication, while the industry partner benefits from the transfer of technical knowledge and advanced analysis methodologies from the university. The focus of the project is the definition of generic electronic manufacturing models that can be easily defined and implemented through common user-oriented interfaces, allowing users who are not familiar with simulation and simulation languages to address the needs of their particular functional areas.     

Perceptions of Economic Inequality and Support for Redistribution: The role of Existential and Utopian Standards

Perceived greater economic inequality is supposedly associated with higher demand for redistribution. However, the findings in the literature are mixed in this regard, with some researchers providing evidence in favour of this association and some findings evidence against it. Given that perceived economic inequality and endorsement of system-justifying beliefs are related to increased inequality acceptance, we explore the interplay between them in relation to support for redistribution. This study is intended to shed light on the role of utopian standards (ideal estimates about what ought to be) as one mechanism that affects the relationship between perceived greater economic inequality and support for redistribution. Based on correlational data (N?=?794), we conducted a conditional process analysis and found that perceived greater inequality displayed a negative indirect effect on support for redistribution, through acceptance of ideal level of economic inequality: Perception of higher inequality was related to increased ideal levels of inequality and thus with lower support for redistribution. In addition, we found that economic system-justifying beliefs conditioned the effect of perceived economic inequality in two ways: First, perceived economic inequality was positively associated with higher acceptance of inequality, and this association was stronger for those that justified the economic system more, and perceived greater inequality was associated with higher support for redistribution—but only for those who endorsed lower levels of economic system justification beliefs. These findings provide evidence that perceived greater economic inequality does not in itself lead to a push for more redistribution; rather, utopian standards such as ideal estimates of economic inequality, which are conditioned by system-justifying ideologies.     

Integrity,culture, and scale: an empirical test of the big bad police agency

Building on Klockars et. al. (2000) analysis of survey data on police agency integrity, this analysis develops an economic model of police corruption within police agencies. Empirical estimates of the economic model are consistent with Klockars et. al. (2000) in that there is no evidence to support the traditional theory that police agency corruption is attributable to the “individual bad-apple.” Independent of other factors, the present analysis shows that police culture fosters corruption. Furthermore, the present analysis shows that incentive structures within police agencies increase the problem of corruption as the scale of police agency operation increases. Policies that would promote higher levels of integrity are considered.     

Study on the contest between free trade and trade protection in the current global economic recession: A perspective of public international law

For a long time there has been a contest between free trade and trade protection as the best strategy of promoting local and global economy. When the globe is again in the midst of economic recession, this contest intensifies. The current recession knocks out a severe blow to free trade as the “game rules” of world economy and aggravates the perplexities of free trade in certain aspects, which then arouses suspicion on the legitimacy of free trade. In order to address domestic economic and social problems, the “stimulus packages” of some countries offer much support to trade protection, further intensifying this contest. Confronted with the global economic disaster, trade protection can be helpful for alleviating the pressure in a given economy and thus mitigating domestic contradictions in a short period, but it may also complicate the legal order of trade and bring hindrance to domestic markets as well as international ones, and consequently, it will jeopardize the rights and interests of ordinary consumers and even stir up the grievance and resentment domestically or internationally. As the current economic recession has been a pressing issue for all the countries, there is a dire need for concerted efforts in the globe to stimulate the vigor of world economy and tide over the disaster.     

STATE AND LEGAL AUTHORITY

The idea of authority lies at the conceptual heart of much legal policy analysis. This essay discusses three perspectives on state and legal authority—the liberal-constitutional, the corporatist, and the technocratic—as a broad political framework for understanding major issues of judicial policy-making in the United States today. The essay examines recent literature on judicial legitimacy and capacity within the context of the three perspectives and raises research questions which derive from this approach to judicial policy. This framework provides a theoretical basis for seeing not only a decline, but changes in patterns of judicial authority and their relationship to any existing crisis of authority in the state in general.     

Do Lawyers Impair Economic Growth?

The large U.S. legal profession hurts economic productivity in the United States and our economic competitiveness abroad according to a common claim A number of studies support that claim, but they suffer from serious flaws. I reexamine the hypothesis that large lawyer populations impair economic growth and suggest that it lacks theoretical and empirical support. The hypothesis depends on false assumptions about the organizational capability and interest of the legal profession; the empirical research in sup port of the hypothesis depends on flawed lawyer data, unusual combinations of high lawyer populations and low economic growth in one or two countries, and the unjustified use of lawyer population figures from the 1980s in analyses of economic growth prior to that period. I present the results of research on lawyer populations and economic growth among the US. states and in a sample of countries, correcting for the worst flaws of past research The results do not support the claim that large lawyer populations impair aggregate economic growth The analysis is not intended as the final answer on this important question but rather as an encouragement for a more sophisticated understanding of the role of lawyers in late modern economies.     

Organizing knowledge spillovers when basic and applied research are interdependent: German biotechnology policy in historical perspective

The German biotechnology lag illuminates the difficulties of finding appropriate organizational forms of R&D for “embryo” innovations requiring the continued involvement of basic research scientists even after innovation has advanced to the stage of commercial product development. The analysis charts the German policy shift from largely unsuccessful “corporatist” networks (1970s and 1980s) to more promising “emergent” networks (1990s) as organizational vehicles for conducting biotechnology innovation. A constant of German R&D policy for most of the 20th century, and one underlying the initial reliance on corporatist networks in biotechnology, was the tendency to exclude universities from major R&D initiatives and rely instead on specialized research institutes. The structural inflexibilities of universities, combined with the early successes of many specialized research institutes from the 1880s on, led to path-dependent reliance on the latter for 20th-century reforms of the German national innovation system.      

Law, Finance, and Politics: The Case of India

The liberalization of India's economy since 1991 has brought with it considerable development of its financial markets and supporting legal institutions. An influential body of economic scholarship asserts that a country's "legal origin"—as a civilian or common law jurisdiction—plays an important part in determining the development of its investor protection regulations, and consequently its financial development. An alternative theory claims that the determinants of investor protection are political, rather than legal. We use the case of India to test these theories. We find little support for the idea that India's legal heritage as a common law country has been influential in speeding the path of regulatory reforms and financial development. Rather, we suggest there are complementarities between (1) India's relative success in services and software; (2) the relative strength of its financial markets for outside equity, as opposed to outside debt; and (3) the relative success of stock market regulation, as opposed to reforms of creditor rights. We conclude that political economy explanations have more traction in explaining the case of India than do theories based on "legal origins."     

To depend on one's children or to depend on oneself: savings for old-age and children's impact on wealth

How did workers make provisions for old age before the introduction of old age pensions? What was the relative importance of dependence on children and saving for old age respectively? This article concerns the transition from a traditional family-based system for economic support in old age to a more modern system. Regarding the nineteenth century, studies have shown that (a) savings generally were insufficient for full retirement, and that (b) families were dependent on children's incomes when the breadwinner became older. Little attention has been paid to the question of how the relative importance of these two alternatives changed during the century. This question is addressed here in a cross-sectional study of net wealth based on probate inventories for three Swedish towns in the 1820s and the 1900s.

The results show that in general the economic importance of children was larger among the lower socio-economic strata. They also reveal that net costs for having children increased between the investigated periods. This means that dependence on children became more expensive. Consequently, the economic importance of this alternative decreased. This may have been a strong motive for the fertility transition.

On the other hand, net wealth for workers increased at the end of the nineteenth century. Financial assets constituted a great part of the increase. Workers with children had less financial savings than those without children, showing that there was a conflict between the traditional and the modern systems for support in old age. However, still at the turn of the twentieth century funds were generally too small to allow an old worker to retire. These results indicate that neither the old, nor the modern systems, fully satisfied the need for support in old age. This may explain why several Western European countries introduced old age pensions at the beginning of the twentieth century.     

Making the best of hard times: how the nation's economic circumstances shaped the public's embrace of health care reform

The U.S. Congress enacted expansive (and expensive) health care reforms amid the worst economic downturn since the Great Depression. Public acquiescence provided crucial political cover; elites on both sides struggled mightily to sway popular opinion. Were reformers' efforts made easier or more difficult by the tough economic times? Using newly available data on Americans' perceptions of economic insecurity and attitudes toward public policy, this article explores the relationship between economic circumstances and political attitudes. The findings suggest that the Great Recession both facilitated and impeded efforts to rally the public in favor of reform: perceptions of past declines in the U.S. economy bolstered government intervention, but household economic insecurity both distracted attention from large medical expenses (which otherwise legitimized collective action) and undermined Americans' support for additional government spending. Equally consequential, reformers' efforts to adapt to economic stringency by portraying reform as exclusively about affordability missed opportunities for broadening popular support for these interventions; in the longer run this may, unless corrected, prove a decisive misstep in shepherding the Patient Protection and Affordable Care Act through its long time line of implementation.     

Experience Versus Expectation: Economic Insecurity,the Great Recession,and Support for the Death Penalty

Scholars have theorized that people who report past economic hardship and those who forecast future economic instability will be more likely to support punitive criminal justice policies than those who do not. Only recently have researchers begun to empirically examine this association, and the findings from this small literature have been highly inconsistent. The current study contributes to this line of inquiry by investigating a uniquely rich set of economic insecurity measures included in a very large national survey (N = 9,060) fielded during a time period of special theoretical salience: the Great Recession of 2007–2009. Specifically, using survey data from the Cooperative Campaign Analysis Project, we explore the effects of experienced and expected personal, vicarious, and societal economic insecurity on support for the death penalty. Contrary to the hypotheses, expectations of future economic insecurity are negatively associated with death penalty support, but this relationship is conditional on respondents’ demographics.     

Public support for the courts: An examination of alternative explanations

Public opinion surveys consistently show that there are generally high levels of support for the court system. While there exists general public support for the courts, the most often heard criticism is that the courts are too lenient. The purpose of this study is to describe public attitudes toward the courts and examine a number of explanations of public support for, or against, the courts. The article examines five hypotheses: (1) respondents who are pro-punishment would not be supportive of the courts; (2) respondents who are supportive of the police and the correctional system would be supportive of the courts; (3) respondents who are supportive of the police would not be supportive of the courts; (4) respondents who identify themselves as conservative would not be supportive of the courts; and (5) respondents who express fear and/or concern about crime, and/or who have experienced victimization would not be supportive of the courts. It is found that members of the public express diffuse support for the courts, but criticism center around court leniency and plea bargaining. At least partial support is found for all five hypotheses with support for strong punitive sanctions the best predictor of attitudes toward the courts.     

论我国对科技型中小企业的财政政策扶持体系

随着经济全球化和科学技术的加速发展,科技型中小企业成为推动一国经济发展越来越重要的力量.然而,由于科技型中小企业先天不足,在其发展的道路上遇到了许多障碍和困难,因此需要政府财政政策的大力扶持.通过对科技型中小企业的经济分析,可以充分体现财政扶持的有效性和可行性.我国应借鉴别国的经验,根据自身的实际和需要,合理地制订财政补贴政策、政府采购政策和税收优惠政策,对科技型中小企业给予全方位的扶持.     

Toward an integration of economic and sociological approaches?

This article answers the question whether sociology of law and law and economics can be unificd into one integrated science. First, it is argued that an integration process inside law and economics has taken place, integrating most schools and partial analyses into one mainstream law and economics. Second, it is argued that there are no natural barriers against an integration of sociology and economics. Purely economic theories cannot and do not exist. What is calledeconomic analysis of law is basically a mixture of, for instance, 70 percent economics, 10 percent sociology, 10 percent psychology, and 10 percent other sciences. In addition, there is no such a thing as a purely sociological concept; concepts are sociological only in the sense that they are invented by people who call themselves sociologists.Nevertheless one should not expect that such a richer social science will lead to fundamentally different predictions and policy recommendations than those derived from the current simplistic economic analysis of law. The aspects studied by sociologists but assumed away by legal economists to date have in most cases no influence on the determination of (optimal) legal rules or on the long-run effects of legal rules.     

Legitimacy of Inequality in a Highly Unequal Context: Evidence from the Chilean Case

Economic inequality is usually assumed to be a threat to social cohesion and democracy. Nevertheless, this opposition of inequality and democracy is based on further assumptions such as (a) that people perceive economic inequality accurately, and (b) that, by and large they consider inequality unjust. Research into distributive issues has not found consistent support for neither of these assumptions. Quite the contrary, empirical evidence indicates that economic inequality is widely misperceived and that inequality is to some extent considered legitimate. So far most of the empirical evidence in the area of legitimacy comes from experimental studies in the developed world. The present research aims at widening the scope of legitimacy studies by focusing on Chile as a case country, one of the societies with the highest economic inequality worldwide, guided by the question to what extent is economic inequality considered legitimate in a context of high economic inequality? In addressing this question, and based on previous evidence, the article proposes a way to evaluate (a) the legitimacy of inequality at a country level via survey research, and (b) the role of inequality perception and justice ideologies in the justification of economic inequality. The data to be analyzed is the public opinion survey International Social Justice Project (ISJP), implemented in Chile in the year 2007 (n = 890). Multivariate analysis results reveal signs of legitimacy of inequality in Chile, opening a series of issues regarding the acceptance and stability of unequal distributions.     

Caregiver Stress and Elder Abuse among Korean Family Caregivers of Older Adults with Disabilities

This study aims to identify risk factors and mediating factors of elder abuse among older adults with disabilities being cared for by their family caregivers. The data were based on a sample of 1,000 primary family caregivers from the Comprehensive Study for the Elderly Welfare Policy in Seoul (2003). Hierarchical regression analysis was conducted to identify significant indicators for the degree of elder abuse, such as cognitive impairment, functional ability (ADL), caregiving involvement, economic strain, caregiver burden, and social support for the degree of elder abuse. In the full model, ADLs, cognitive problems, economic strain, caregiver burden, informal social support, and formal social support were significantly associated with elder abuse. The findings suggest that psychosocial support services and programs for family caregivers are needed to prevent and reduce the prevalence of elder abuse in South Korea. The research data were drawn with permission from the Seoul Development Institute and this project was funded by the Seoul Metropolitan City Mayor’s Office, Welfare & Women’s Bureau.     

SOCIAL SUPPORT,INEQUALITY, AND HOMICIDE: A CROSS‐NATIONAL TEST OF AN INTEGRATED THEORETICAL MODEL*

Social support, institutional anomie, and macrolevel general strain perspectives have emerged as potentially important explanations of aggregate levels of crime. Drawing on insights from each of these perspectives in a cross‐national context, the analyses show that 1) our measure of social support is inversely related to homicide rates, 2) economic inequality also maintains a direct relationship with homicide rates, and 3) social support significantly interacts with economic inequality to influence homicide rates. The implications of the analysis for ongoing discourse concerning the integration of these criminological theories and the implications for the development of effective crime control policies are discussed.