Legal Entrepreneurship and the Strategic Virtues of Legal Uncertainty

The field of law and strategy (LAS) has advanced our understanding of the law's role in competitive advantage. To date, however, LAS has neglected low rule of law environments—countries characterized by expansive degrees of legal uncertainty. LAS should account for these settings, too, since environmental uncertainty is a strategically significant factor for any company. This article situates the strategic relevance of legal uncertainty in the Chinese context and fills an important gap by illustrating how LAS principles apply in low rule of law jurisdictions. Specifically, this article develops the construct of legal entrepreneurship—the notion that attorneys may apply an entrepreneurial mind-set and skill set to position the client favorably and legitimately within the uncertainties of the legal landscape, thereby creating legal competitive advantages for the client. Drawing upon interviews with expert attorneys and executives, this article presents a typology of legal strategies available to U.S. companies in China, uniquely modeling these approaches along the two fundamental dimensions of legal strategy. Additionally, this article identifies two basic types of legal uncertainty in the cross-border context and offers guidelines for the exercise of legal entrepreneurship. Together, these arguments demonstrate that legal entrepreneurship is an empirically viable construct within the LAS project. In low rule of law jurisdictions that have embraced foreign enterprise, legal entrepreneurship will generally optimize the American company's pursuit of both legal value creation and legal risk management.     

Looking for Intel? … or Looking for Answers? Reforming Military Intelligence for a Counterinsurgency Environment

We analyze the recent Flynn Report and assess its implications for the future of military intelligence in Afghanistan. In particular, we argue that the report seeks to expand the substantive tasks of the military intelligence practitioner, while collapsing non-trivial aspects of existing organizational hierarchies. We argue that implementation of the Flynn Report's proposals would match poorly with the traditional nature of military intelligence and the realities of human resources constraints in the military. Further, the resulting scale of unfiltered data such a system would produce might serve to overwhelm rather than assist decision-makers. Finally, we conclude that the problems expressed in the Flynn Report should not be traced to the military intelligence apparatus per se, but rather to the inability of US political leadership to map out a clear vision for current operations – both in Afghanistan, and in the counterinsurgency environment in general.     

Embracing Wikipedia as a research tool for law: to Wikipedia or not to Wikipedia?

Useful aspects of Wikipedia should be embraced as a research tool. Arguments are based upon a consideration of Wikipedia's purpose; policies and controlling mechanisms; commentator views on and academic use of Wikipedia as a teaching and learning tool; the fact that empirical research has found students will use Wikipedia. The results of a survey on the research preferences of a range of students engaged in various levels of legal study, from senior secondary school to second year law students, are presented and recommendations regarding educating students in the appropriate use of Wikipedia for research are made.     

The succession of policy termination

Despite the cessation of a variety of governmental organisations, policies and programmes in the UK throughout the 1980s and 1990s, the termination concept which emerged during the late 1970s remains heavily under utilised. This is attributed partly to the effects of the same incremental practices which termination was designed to solve; partly to the difficulties of distinguishing the categories of ‘termination’ from ‘succession’ ; and partly to Kaufman's assertion that organisational survival was a matter of chance, and therefore not fruitful to study. Academic interest in governmental cessations remains firmly rooted in the termination of organisations; much less attention has been paid to the ending of policies and programmes. Management science research can be used to challenge assertions about the lack of pattern in organisational survival, and the way in which political science has operationalised the concept of incerementalist, suggesting the applicability of semi rationalist techniques in an incrementalist world. Using a hierarchical reformulation of de Leon's 1978 categorisation of governmental functions, organisations, policies and programmes it is here suggested that ‘termination’ and ‘succession’ are distinct. In doing so, the aim is to demonstrate the practical utility of the termination concept, both for analysis, and for practitioners whose interest is centred on the opportunity cost savings which cessations can make available.     

When police pull back: Neighborhood-level effects of de-policing on violent and property crime,a research note

Many U.S. cities witnessed both de-policing and increased crime in 2020, yet whether the former contributed to the latter remains unclear. Indeed, much of what is known about the effects of proactive policing on crime comes from studies that evaluated highly focused interventions atypical of day-to-day policing, used cities as the unit of analysis, or could not rule out endogeneity. This study addresses each of these issues, thereby advancing the evidence base concerning the effects of policing on crime. Leveraging two exogenous shocks presented by the onset of the coronavirus 2019 (COVID-19) pandemic and social unrest after the murder of George Floyd, we evaluated the effects of sudden and sustained reductions in high-discretion policing on crime at the neighborhood level in Denver, Colorado. Multilevel models accounting for trends in prior police activity, neighborhood structure, seasonality, and population mobility revealed mixed results. On the one hand, large-scale reductions in stops and drug-related arrests were associated with significant increases in violent and property crimes, respectively. On the other hand, fewer disorder arrests did not affect crime. These results were not universal across neighborhoods. We discuss the implications of these findings in light of debates concerning the appropriate role of policing in the 21st century.     

Government transparency and policymaking

We argue that making lawmakers more accountable to the public by making it easier to identify their policy choices can have negative consequences. Specifically, we analyze a model of political agency with a single lawmaker and a representative voter. In our model, the lawmaker has better information than the voter about the appropriateness of alternative policy courses. In addition, the voter is uncertain about the incumbent's policy preferences – specifically, the voter is worried the incumbent is an ideologue. Our model suggests that when lawmakers expect their policy choices to be widely publicized, for those lawmakers sufficiently concerned about reelection, the desire to select policies that lead the public to believe they are unbiased will trump the incentive to select those policies that are best for their constituents. Hence, lawmakers who would do the right thing behind close doors may no longer do so when policy is determined in the open.