Can the hidden hand of the market be an effective and legitimate regulator? The case of animal welfare under a labeling for consumer choice policy approach

In Australia, labeling for consumer choice, rather than higher government regulation, has become an important strand of the policy approach to addressing food animal welfare. This paper illustrates the usefulness of “regulatory network analysis” to uncover the potentials and limitations of market‐based governance to address contentious yet significant issues like animal welfare. We analyzed the content of newspaper articles from major Australian newspapers and official policy documents between 1990 and 2014 to show how the regulatory network influenced the framing of the regulatory problem, and the capacity and legitimacy of different regulatory actors at three “flashpoints” of decisionmaking about layer hen welfare in egg production. We suggest that the government policy of offering consumers the choice to buy cage free in the market allowed large‐scale industry to continue the egg laying business as usual with incremental innovation and adjustment. These incremental improvements only apply to the 20 percent or so of hens producing “free‐range” eggs. We conclude with a discussion of when and how labeling for consumer choice might create markets and public discourses that make possible more effective and legitimate regulation of issues such as layer hen welfare.     

Beyond regulatory capture: Coproducing expertise for critical infrastructure protection

Complex industries such as petroleum production, civil aviation, and nuclear power produce “public risks” that are widely distributed and temporally remote, and thus tend to be ignored by the risk producers. Regulation is perhaps the most common policy tool for governing such risks, but requires expert knowledge that often resides solely within the industries. Hence, many scholars and policymakers raise concerns about “regulatory capture,” wherein regulation serves private interests rather than the public good. This paper argues that regulatory capture framing has tended to limit understanding of expertise and its role in governing public risks. Most studies of regulatory capture treat expertise as a source of knowledge and skills that are created exogenously to political processes, and which can therefore be politically neutral. By contrast, we draw on work in science and technology studies that highlight the value‐laden and relational nature of knowledge and expertise, showing how its formation is endogenous to political processes. Thus, we argue for both broadening analyses of regulatory capture to consider the historically contingent and uncertain process of creating expert knowledge, and going beyond the capture framing by considering the challenge of negotiating different epistemologies and ways of life. We illustrate this analytic strategy by examining the history of and current debate about critical infrastructure protection standards to protect the United States electric power grid from cyberattack. We conclude by considering the broader implications of these findings for governing public risks.     

One Strike to Second Chances: Using Criminal Backgrounds in Admission Decisions for Assisted Housing

The U.S. Department of Housing and Urban Development (HUD) has changed its position toward housing individuals with criminal records from strict one-strike policies in the 1980s to providing second chances to returning citizens. Many public housing authorities have not updated their admission policies for using criminal backgrounds and still adhere to the one-strike philosophy. In response to new guidance from HUD, housing agencies are trying to find a balance between screening practices to identify demonstrable risk but avoid discrimination and violation of the Fair Housing Act. This research examines several questions critical to assisting housing providers to address the new guidance from HUD. Findings provide direction for housing providers on understanding recidivism risk rates, using useful lookback periods, considering risk and harm across crime types, and verifying rehabilitation and other evidence to design informed policies and procedures for using criminal records in admission decisions for assisted housing.     

Structural Changes to the Public Sector and Cultural Incompatibility: The Consequences of Inadequate Cultural Integration

Structural changes are commonly undertaken to achieve gains, such as enhanced efficiency and performance. In this paper, we explore the cultural issues associated with a structural change in the Australian Public Service. We argue that cultural differences across merged functions were disruptive and challenging to overcome. We posit, however, that these challenges were exacerbated by the lack of systemic effort to integrate cultures, thus impeding synergy realization. Our findings are consistent with the private sector literature that warns mergers and acquisitions undertaken with too much haste and without adequate planning can lead to cultural issues when not managed appropriately.     

A State Census of Unsubmitted Sexual Assault Kits: Comparing Forensic DNA Testing Outcomes by Geographic and Population Density Characteristics*

A growing number of U.S. cities and states have large numbers of unsubmitted sexual assault kits (SAKs) in police property facilities. Prior research conducted in large urban cities has found that testing these kits yields a sizable number of DNA profiles that meet FBI eligibility for upload to the national criminal DNA database CODIS (Combined DNA Index System) and uploaded profiles return a substantial number of matches to existing criminal profiles in CODIS. It is unknown whether these findings are unique to large urban cities with high crime rates. The purpose of current study was to document forensic testing outcomes from a state census of previously unsubmitted SAKs, which included large urban–suburban centers, as well as smaller cities and rural counties. We inventoried all previously unsubmitted SAKs in Michigan (N = 3422 SAKs) and submitted all kits for forensic DNA testing. A total of n = 1239 SAKs had a DNA profile that met eligibility for upload into CODIS (36.2% unconditional, 56.5% conditional CODIS eligible rate) and n = 585 SAKs yielded a CODIS Hit (17.1% unconditional, 47.2% conditional CODIS hit rate). These rates are consistent with studies from urban areas suggesting approximately half of SAKs tested yield a CODIS profile and approximately half of those uploaded profiles yield a hit. We compared SAK forensic testing outcomes by geographic and population density characteristics, and although rates were often higher in larger metropolitan areas, the obtained rates in micropolitan and rural areas suggest testing is warranted in smaller jurisdictions as well.     

A Transnational Project? Women and Gender in the Social Sciences in Australia, 1890–1945

This article presents a broad overview of the gendered regimes which shaped the development of social scientific knowledge in Australia, and the position of women within the field, from 1890 to 1945. It particularly explores the local desire to emulate developments in Europe and the United States. Australian women were prominent in early ‘amateur’ social science, which was strongly linked to social reforming activities. However, the social sciences developed exceedingly slowly within the Australian academy and rather continued to be sustained largely by the social reform movement. The continuing lack of formal institutionalisation, well into the twentieth century, provided considerable scope for some (privileged) women to create themselves as social scientific experts. Indeed, it was largely the interests of women social reformers who eventually drove professionalisation of the social sciences from the 1930s. Nevertheless, when professionalisation and institutionalisation did finally come in the 1940s, Australia followed remarkably similar patterns to those seen in the United States and United Kingdom nearly 50 years earlier. Women were largely regulated to the lower‐status, applied, feminine field of social work while men took over the new and more prestigious academic arena.     

Local Chairs vs International Networks: the Beginning of the Scholarly Career in a Peripheral Academic Field

Sensitive to the differences between centers and peripheries of knowledge production, this article explores how scholars in peripheral fields use knowledge from central fields to structure their academic careers. The article presents the findings of a case study of career choices of political scientists in Argentina. In order to understand the interplay between foreign knowledge and local strategies of enacting networks, this article focuses on the beginning of academic careers. At this early stage, political scientists in Argentina usually have to make a decision whether to stay in the country or go abroad for postgraduate education. Relying on positioning theory and recent developments in Science and Technology Studies, we identified two alternative positioning strategies. Those who stay in Argentina tend to hoard as many scholarly positions as possible, enacting local networks oriented towards teaching. Scholars who go abroad enact networks with international dimensions, in the process enrolling persons and objects, though not always successfully. Scholars with international experience tend to be research oriented, and they mention the working conditions abroad as particularly attractive. We show the extent to which these findings challenge some views of centers and periphery and highlight the active role of scholars in peripheral scientific fields.