New forms of environmental governance? A case study of Costa Rican environmental NGOs

Increasingly development theorists and practitioners view NGOs as catalysts of sustainable development. NGOs have been regarded as champions of democratisation and promoters of new ways of engaging in politics, with considerable influence on the development of civil society and new partnerships in environmental and social advocacy. This article analyses the ways in which Costa Rican environmental NGOs (ENGOs) engage in politics, by focusing on their perceptions of their roles in environmental governance and in representation of civil society. The results of this study suggest that the ENGOs' ways of engaging in politics differ little from traditional forms of governance, while their conceptions of engaging in politics without being political are novel. While most ENGOs had no clear conception of the stakeholders whom they were supposed to be representing, the notion of representativeness is complex and should be revisited.     

Fat Cats,Production Networks,and the Right to Fair Pay

Should there be a legal right to fair pay so that anyone might challenge the relative fairness of their pay? International human rights law does not clearly support such a right, partly due to the uncertain meaning of fairness in pay. The article challenges this uncertainty, explaining the marginal relevance of theories of distributive justice. Standards of fairness should be discovered instead in principles of interpersonal justice, particularly the bilateral principle of good faith, and in associational principles of desert by reference to contribution and recognition of persons. These contain an egalitarian impulse providing moral reasons for rejecting market rates of pay and, it is argued, should apply beyond single corporate entities, to corporate groups and networks of companies sharing an integrated production scheme. Finally, appropriate regulations enacting a legal right to fair pay are explored with a view to achieving reflexive yet effective regulation using works councils to fix outer limits to wage dispersal ratios.     

In Defense of Class Struggle

Critical Criminology - In his article, “In Defense of Resistance,” Ferrell (2019) argues for the importance and centrality of the study of everyday and emergent acts of resistance to...     

Who’s Afraid of Property Rights? Rights as Core Concepts,Coherent, Prima Facie,Situated and Specified

Natural property rights are widely viewed as anathema to welfarist taxation, and are pictured as non-contextual, non-relational and resistant to regulation. Here, I argue that many of the major arguments for such views are flawed. Such arguments trade on an ambiguity in the term ‘right’ that makes it possible to conflate the core concept of a right with a situated or specified right from which one can read off people’s actual legal entitlements and duties. I marshal several arguments demonstrating this conflation. In particular, I examine the right to free speech, where contextualization and responsiveness to the requirements of other rights are assumed as a matter of course. I conclude that the existence of one natural right does not foreclose the existence of other natural rights. Arguments for or against welfare rights must be assessed, at least to some extent, independently of the assertion of a natural property right.     

To Flirt or Not to Flirt? Sexual Power at the Bargaining Table

We begin by exploring the lay belief that women can use flirtation to their advantage in professional contexts and contrast it with trained negotiators' negative views on flirtation. We then examine the impact of flirtation on negotiators' impression formation. We explore whether a flirtatious style aids women in the trade-off they often face between perceived likability and perceived competence. We discover both an upside and a downside to flirting at the bargaining table. Although flirtation appears to be positively related to women's likability, negotiators who flirted were judged to be less authentic than those who refrained from exercising their sexual power.     

CONFIDENTIALITY REVISITED:California Style

Stewart and I have lived through the legal adversary system and we know what havoc it could have wrought on our family…. We were nuts. We were crazy. We were your average psychotic divorcing parents…. What you do not see is we get well. We bailed out of the adversary court system because we could see it was no help to us. We were the lucky ones…. There are thousands like us who could use your help before the war gets started.
—Parent at the 1978 Midwinter Association of Family and Conciliation Courts Conference, Los Angeles.     

Old master paintings,export veto and price formation: an empirical study

In this paper, we focus on the institutional setting where Old Masters’Paintings (OMP) markets transactions are carried. We develop a preliminary attempt to embody legal provisions in econometric, hedonic pricing models. We consider a particular regulation applicable only in Italy, the “export veto” for art objects that are particularly relevant for the national cultural patrimony. We proxy such legal provision in order to include it in the statistical analysis and to check whether it affects the OMP price differentials between pre-auction estimated price and post-auction hammer price. Preliminary results show that the price differential is affected by the legal variable, therefore suggesting that the country’s institutional framework plays an important role in price dynamics.     

Family Values in the Classroom? Reconciling Parental Wishes and Children's Rights in State Schools

This article examines the extent to which the law should permitdivergence in various aspects of state education by allowingschools to accede to a parent’s request for differenttreatment for his or her child. With a view to this the articleexplores some of the areas where contention is likely to occur;describes the current legal frameworks for responding to theserequests; and articulates the competing rights and interestsat stake when a parent makes a request for his or her childto be exempt from part of the education on offer at a publiclyfunded school. It emerges that the current legal responses arenot only inconsistent but are also in many instances incompatiblewith the United Kingdom’s international human rights obligations.The article concludes by suggesting a new model for the resolutionof these disputes which provides a mechanism for balancing parents’wishes with children’s rights and the broader public interestsat stake.