Fragile Convergence: Understanding Variation in the Enforcement of China's Industrial Pollution Law

Official statistics and independent survey data show that in the last decade China has witnessed a remarkable change in its enforcement of environmental pollution violations, moving toward more formalistic and coercive law enforcement with more enforcement cases as well as higher fines. The data also show that there is considerable regional variation with coastal areas having more and higher punishments than those inland. This article explores these findings, seeking to understand the explanation and meaning of these temporal and regional variation patterns. The study shows how enforcement varies when there is a convergence of governmental, social, and economic institutional forces. The article argues that the basis for such convergence has been fragile, as national pressures have lacked consistency and local community and government support evaporates when dominant sources of income are at stake.     

Juvenile Waiver 2003: Where Are We Now?

Juvenile waiver has received much attention from the public, practitioners, and scholars during the last decade. Prior studies have documented the increased use and effects of waiver. In this study we examine the current state of the law regarding juvenile waiver. We replicate a 1995 study of state waiver statutes and detail the changes in prosecutorial, judicial, and legislative waiver since 1995. While the juvenile crime rate has slowed, legislatures' fascination with waiver has increased. In less than 10 years, the number of states utilizing prosecutorial waiver has increased 25%, 27 states have modified their judicial waiver statutes, and 30 states have modified their legislative waiver statutes.     

Reorienting Regulation: Pollution Enforcement in Industrializing Countries

This special issue aims to set a course for future inquiry on regulatory enforcement in industrializing countries. With examples from major countries including Brazil, China, and Indonesia, the articles develop four cross-cutting themes: (1) how enforcement and its institutional context vary geographically and temporally, (2) how enforcement is affected by deficiencies in regulatory capacity and autonomy, (3) how civil liability regimes interact with enforcement, and (4) the relationship between enforcement and regulatory instrument choice.