Regulatory reform in the era of new technological development: The role of organizational factors in the public sector

What is the role of organizational factors in fostering regulatory reform in response to new technological development? Existing studies provide useful frameworks to understand regulatory reform in rapidly changing circumstances but still lack a systematic analysis of how organizational factors affect regulatory reform in the public sector. To fill this gap, we examine the impact of several institutional elements that are central to defining organizational characteristics, such as job tasks, bureaucratic autonomy, and organizational culture. We theorize that regulatory reform is more likely when public sector organizations are more receptive to external changes, which are determined by these characteristics. We leverage original surveys from over 1,000 civil servants in Korea, one of the front runners in new technological development, and find support for our prediction. We find that the implementation of regulatory reforms is more likely when (i) organizational tasks are relevant to scientific and technological development, (ii) higher levels of bureaucratic autonomy are granted, (iii) agency heads demonstrate stronger leadership, and (iv) organizational culture is less authoritarian. Our study makes clear contributions to the literature on public management and regulation theory, and has important implications for regulatory reform in the face of new technological development.     

Human genetic research databases and biobanks: towards uniform terminology and Australian best practice

This article examines international best practice for the establishment, maintenance and use of human genetic research databases (HGRDs), particularly focusing on large-scale population biobanks, and considers the measures that should be taken in Australia to comply with this best practice. These HGRDs play a pivotal role in basic research aimed at understanding the basis of human disease at the genetic level, and applied research aimed at putting that basic knowledge into practical application. In particular, the large-scale biobanks are vital research tools in the drive to uncover the causes and consequences of human health and disease. Biobanks are being established at regional, national and international levels throughout the world. Although their governance structures are uniformly complex, some best practices are emerging with regard to consent (particularly consent to future research and withdrawal of consent), privacy and data protection and intellectual property ownership and access. Best practices with regard to benefit-sharing are emerging much more slowly. This article reviews these international best practices with the aim of providing guidance for the development of appropriate regulatory structures in Australia.     

Precedents in Negotiated Decisions: Korea–Australia Free Trade Agreement Negotiations

Initial random acts can be replicated and evolve into precedents, but precedents can also be built with strategic intent. Regardless of their origin, strategically applying a particular precedent or effectively refuting the relevance of a precedent can help a negotiator control decisions and achieve interdependent goals. The purposeful use of precedents has received little attention in the negotiation literature, even though using precedents can be a powerful negotiating tactic. In this study, we examine how past decisions became precedents that helped establish the Korea–Australia Free Trade Agreement of 2014 (KAFTA). We further consider how precedents established through KAFTA later influenced trade negotiations with Canada, China, India, and Japan. Following an extensive literature review and field research, we developed a two‐dimensional matrix (precedent ownership and negotiator goals) to help guide negotiators both offensively (what I want from you) and defensively (what I don't want to give you). We conclude by proposing research to enhance our understanding of temporal issues in negotiation. No previous study within the negotiation literature has examined precedents empirically.     

The Effect of Legal and Extra‐Legal Variables on the Recommending and Granting of a Pardon

A familiar but little studied area of criminal justice is that of pardons. Using data from the Pennsylvania Board of Pardons, the decision‐making process is examined to determine the degree of correspondence between the board's recommendation and the governor's decision to grant or deny a pardon. Included in the analysis is an assessment of the relative impact of legal and extra‐legal variables on the decision‐making process. The paper concludes with a discussion on the dynamics of the process, including why some individuals are more likely than others to be granted a pardon, and the implications the findings have for both policy and theory development.     

Ministerial Leadership and Endorsement of Bureaucrats: Experimental Evidence from Presidential Governments

Scholars have debated what constitutes effective ministerial leadership with respect to administrative competence versus political influence. The authors contribute experimental evidence to this debate through a unique survey design of endorsement experiments. Using original data from 949 national civil servants in South Korea, this article examines civil servants’ assessments of ministerial leadership in three central dimensions of public management: internal management, interbranch coordination, and policy formulation/implementation. Further, existing variation in the characteristics of agencies is used to test whether such variation induces systematic differences in civil servants’ responses. Findings show that that civil servants’ attitudes toward ministerial leadership are asymmetric in nature. Ministers with civil service backgrounds are endorsed in all three dimensions, whereas ministers with legislative backgrounds receive increased support only for interbranch coordination skills. The levels of support for ministers with different backgrounds also vary across agency types. This analysis has implications for public management practice and agency control in presidential governments.     

The Local Regulatory State: A Case of Double Standards?

Two starkly contrasting strategies are discernible in the way local authorities currently approach and go about their regulatory and enforcement responsibilities. On the one hand, a “deterrence” strategy of “pursue and punish” is robustly pursued in many local areas in relation to individuals who infringe and contravene local regulations, notably in relation to “street scene” issues of littering, waste/recycling and materials sorting/separation, smoking in public places, parking, cycling on pavements, feeding pigeons, and so on, while, on the other, a much more positive “compliance” strategy of “counsel and conduce” is widely promoted and pursued in relation to the regulation of standards in local businesses, for example, in relation to public and environmental health/hygiene, health and safety in the workplace, animal welfare, and licensing of premises.

Why do local authorities operate with such apparent double standards? Why do comparatively minor infringements by local citizens so frequently result in the summary imposition of fixed penalties (which can be quite punitive for those on low incomes) while at the same time local businesses are mostly treated to a regulatory culture which is much more sympathetic and supportive in promoting compliance with the rules? This article draws on research conducted in different local regulatory settings which illustrates the two contrasting regimes in practice. It presents five propositions which help us to understand and explain the apparent double standards and it concludes by considering the steps that might be taken to ensure a more equitable and consistent local regulatory framework for the future.     

Repression and development in the periphery: South Korea

Abstract

American social scientists have recently expressed deep concern over the stare of “human rights” in the third world The source of this concern can be pinpointed precisely as the “new moralism” of the Carter Administration. Like Mr Carter, these social scientists address the problem by isolating human rights as a distinct phenomenon which can be dealt with in the abstract, detached from the root characteristics of the political economy within which it occurs. The typical analysis focuses on the individual dictator, who, ostensibly, has available to him a range of choices on the amount of social control that is to be maintained. For example, if the United States were to exert pressure and to discontinue aid, then, according to this view, the dictator would restore democratic rights.     

‘You caught ’em!’…or not? Feedback affects investigators’ recollections of speech cues thought to signal honesty and deception

Purpose. When eyewitnesses to crime receive feedback about their choice of a suspect from a line‐up (or post‐identification feedback), such information can substantially alter their recollections of the witnessing experience. This study examined whether feedback exerts similar effects on investigators’ recollections of a suspect's behaviours. Methods. Participant‐investigators received training on speech cues that they were told, when present in a speaker's account, signal either honesty or deception. After hearing a suspect's account of a theft, participants decided whether the suspect was lying or telling the truth. One‐third of participants subsequently received immediate confirming feedback about their performance, while another third received disconfirming feedback. The remaining one‐third of participants did not receive feedback about their decision. Finally, participants rated the frequencies of speech cues that they had been instructed to detect in the suspect's account. Results. Disconfirming feedback significantly altered retrospective judgments about the characteristics of the suspect's account. Specifically, when told that the decision they made about the speaker's credibility was incorrect, participants judged the speaker as having exhibited fewer behaviours consistent with the credibility decision they had made, relative to those who either received no feedback or confirming feedback. Conclusions. Biases in recollections of a suspect may have consequences in real‐world interrogations wherein investigators assess credibility on the basis of numerous behavioural cues. Results are discussed in light of findings of post‐identification feedback studies on eyewitnesses.