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.     

Overview of: “Getting the Law Involved a Quasi-Experiment in Early Intervention Involving Collaboration Between Schools and the District Attorney's Office”

Research Summary Precursors to serious and chronic delinquency often emerge in childhood, stimulating calls for early interventions. Most intervention efforts rely solely on social service programs—often to the exclusion of the juvenile justice system. The juvenile justice system has been reluctant to become involved in the lives of relatively young children fearing net widening or further straining resources that could be used for older youth with documented delinquency histories. We report here the results of an early intervention program sponsored by and housed in a district attorney's office in Louisiana. Using a quasi-experimental design, we examined outcomes associated with program involvement as well as whether the obvious involvement of the prosecutor's office was associated with further reductions in problem behavior.

• 1 : The results revealed that significant reductions in problem behaviors of young children could be attributed to program participation.
• 2 : The obvious involvement of the district attorney's office, however, was associated with limited, albeit significant, reductions in specific problem behaviors.
• 3 : These findings show that successful early intervention efforts can be made part of the juvenile justice system and that in some limited situations prosecutorial involvement can result in positive outcomes.

Policy Implications The expansion of early intervention programming into the juvenile justice system offers opportunities to address early problem behavior. Our study and its results have the following policy implications.

• 1 : Closely coupled partnerships between schools and the juvenile justice system can effectively address, mitigate, and perhaps prevent an early onset of antisocial behavior.
• 2 : Even so, coupling early intervention efforts to the mission of the juvenile justice system warrants debate. Net-widening, resource diffusion, and the potential for officials to rely too heavily on the deterrent characteristics of the justice system represent serious threats to the integrity of effective early intervention programs.
• 3 : We suggest substantial debate and consideration is given before coupling early intervention efforts to the juvenile justice system.