Oversight of Administrative Rulemaking: Judicial Review

The role of the courts in the review of administrative rulemaking raises profound questions as to the legitimate interference of courts in the exercise of administrative activities, which are often carried out in the pursuance of a legislative mandate. In contrast to the review of administrative acts of individual application, the Union courts have shown a more hesitant approach in the review of administrative rulemaking activities. This contribution will discuss the review by the Union courts of administrative rulemaking for compliance with procedural as well as substantive standards and will explore whether a convincing rationale for their more deferential attitude to the review of administrative rules can be provided. The article will explore to what extent lessons can be learned from the jurisprudence of the federal courts in the USA, which have struggled, even after the adoption of the Administrative Procedure Act (APA), with similar problems.     

Using Data Combination of Fundamental Variable-Based Forecasts and Poll-Based Forecasts to Predict the 2013 German Election

In this paper I present an election forecasting approach to predict the vote share of the governing coalition in German national elections. The model is composed of two independent prediction components: the first is based on poll data, the second on fundamental variables. Both approaches have their advantages and disadvantages when used in isolation. The basic idea is to use both and find a better informed overall forecast. The predictions are combined using a shrinkage estimator, where the predictions are weighted by their respective prediction uncertainty. The uncertainty of the poll prediction is modelled time-dependent. The result is a dynamic model allowing for predictions longer before the elections highly relying on fundamental variables. With the elections coming closer predictions rely more and more on the polling data.     

Blending issues and stakeholders: in pursuit of the elusive synergy

Two separate frameworks have existed for the analysis of social predicaments in which businesses play a role: issues management and stakeholder management. In this paper, we argue that the chasm dividing these two literatures is artificial, and potentially obstructive to the advancement of our knowledge of the position of business in contemporary societies. The position we take in the present paper is that all social predicaments have an issues side as well as a stakeholder side and that a dual focus on both issues and stakeholders is therefore essential to understanding the evolution of these predicaments and crucial to managerial dealings with these issues. We present an integrative co-evolutionary framework, explaining the dynamics between issues and stakeholders in all consecutive stages of a predicament's evolution. The framework proposes a new way of thinking about issues and stakeholders, as such facilitates a deeper understanding of how the social environment of business is constituted, and offers new insights for the practical management of issues and stakeholders.     

RISE OF THE DISLOYAL: INCREASING RESENTMENT IN NORTH KOREA

Why has loyalty to the Kim Family Regime and the Worker’s Party diminished over the past twenty years despite a rise in the average standard of living, greater social mobility, and a regime policy of benign neglect towards marketization? Unthinkable in the Kim Il Sung era, the increase in expressions of resentment toward the North Korean authorities represents a shift in the ideology, behavior, and motivation of the population. Four critical factors have heightened tensions between state and society in North Korea, leading to a reduction in loyalty among the general population. The author considers the impact of labor mobilizations, the declining importance of party membership, the influence of foreign media, and the rise of rent seeking and extractive policies. While all play a role, it is important and possible to identify the primary cause. Extractive policies and rent-seeking position the regime and the people in a directly adversarial relationship. All tiers and agencies of the government have become complicit in efforts to siphon off profits, control market actors through crony capitalism, rent seek, over-regulate, and compete against private market actors, causing the residents to express frustration and resentment towards a government that does not have their interests at heart.     

Revisiting the Feminist Debates on International Labor Standards in the Aftermath of Rana Plaza

This paper revisits the turn of the millennium feminist debates on international labor standards in the aftermath of the Rana Plaza factory collapse of 2013 that killed over 1100 garment workers in Bangladesh. Feminists were divided over the benefits of establishing internationally enforced labor standards and, more generally, on the usefulness of transnational activism and union organizing for garment workers. The arguments of some feminist opponents during and in the aftermath of the debate emphasized the relative advantages of garment jobs, dismissed the importance of union rights, and criticized the labor transnationalism. These arguments have left unchallenged the current regulatory regime in Bangladesh by allaying concerns about poor working conditions. Drawing upon new empirical evidence, the paper shows that export growth under the market regulatory regime has failed to improve labor conditions in the sector. The paper makes the case for the continuing relevance of feminist arguments that favor a more proactive stance to make job growth compatible with wage gains and improved labor conditions. As they argued, the scope of the response has to be international, including solidaristic activism supporting local worker organizations, and the use of wage increases to move Bangladesh on a development path toward a higher-productivity, higher-wage economy.