Divergent fates: company unions and employee involvement committees under the railway labor and national labor relations acts

Well known is that the National Labor Relations Act (NLRA, 1935) in the United States places a largely per se ban on nonunion employee representation (ER) groups which deal with employers over a term or condition of employment. Much less well known is that America’s other labor law, the Railway Labor Act (RLA, 1926), takes a different approach and permits employers to operate such councils and committees as long as they do not perform a collective bargaining function or interfere with workers’ free choice of a bargaining agent. Thus, under the RLA Delta Air Lines is able to operate what is today the closest living approximation to a 1920s-style ER plan while hundreds of other companies (e.g. Polaroid) under the jurisdiction of the NLRA have been forced over the years to disband similar groups on grounds they are a proscribed company union. No study to date has explored the history behind the RLA and NLRA’s divergent treatment of nonunion ER groups so this article takes a first look. The main part of the story covers the 1920–1935 period and examines the events, people, and experiences associated with company unions and ER in, respectively, the rail and manufacturing industries and why the legislative outcome in the former was a permissive stance on nonunion committees but prohibitive in the latter. The last part of the paper fast-forwards the RLA-NLRA story from the 1930s to contemporary law and practice in order to demonstrate how “history matters” when it comes to what employers can and cannot do with nonunion representation groups, such as works councils, participation and involvement committees, and dispute resolution forums.     

平台异化还是因债致罪？——P2P网贷涉非法吸收公众存款罪裁判文本实证研究

文章采用文献研究的方法对83份P2P网贷平台构成非法吸收公众存款罪的裁判文书进行实证分析。通过对平台异化模式的定性分析和平台负债情况的定量分析以及与刑事责任程度的交叉分析,文章认为,平台异化是P2P网贷平台构成非法吸收公众存款罪的基础性因素,负债规模、存款人人数和无法清偿的数额等三个因素都对刑事责任的程度产生影响。而且相比之下,无法清偿的数额对刑事责任影响的程度最为显著。实际上对P2P网贷平台追究非法吸收公众存款罪的刑事责任是因为网贷平台无法清偿举债数额巨大,即因债致罪。这种因债致罪的司法行为逻辑,可以从司法者作为“清场者”的功能定位和对社会秩序的价值追求来解释其合理性,但是从多元价值权衡和刑事民事分离的角度分析,其又是不合理的。     

Identifying the Causes of Issue Attention and Policy Change: Evidence from U.S. Offshore Oil and Natural Gas Drilling Policy, 2008

The flow of attention in the policy process is dynamic and disruptive. While we know changes in issue attention often result in policy change, the causal mechanisms underlying the different stages of the attention allocation process remain unclear. This article uses Punctuated Equilibrium Theory to examine an underdeveloped aspect of issue attention within policy‐making institutions: how specific policy indicators influence the entry and exit of issues on policy‐making agendas. Partisan issue attention in the House of Representatives is used to analyze a significant change to U.S. offshore oil and natural gas drilling policy in 2008. The results highlight how historically high gasoline prices precipitated a shift in attention to offshore drilling and subsequent policy change. Moreover, gasoline prices Granger‐cause attention to energy policy in partisan speeches over time. The analysis further reveals how competing policy frames and a salient focusing event shaped congressional and public discourse, leading to subsequent changes in attention. Taken together, the findings broaden our understanding of the policy process by identifying the specific forces behind the entry and exit of issues on the policy‐making agenda.     

Congressional Attention and Opportunity Structures: The Select Energy Independence and Global Warming Committee

This article examines the role that overlapping committee jurisdictions play in fostering or hindering attention to environmental and energy issues in the U.S. Congress. The Select Energy Independence and Global Warming Committee, created by House Democrats in 2007 , and its chairman Rep. Ed Markey took advantage of opportunities within the existing jurisdictional arrangement to increase attention to these issues despite lacking any legislative authority. Data from the 110th and 111th Congresses show that the Select Committee held more hearings on climate change and alternative energy, and on environmental and energy policy generally, than any other committee. The committee also increased the range of sources informing debate on these issues by calling different witnesses than other committees. These findings have important implications for the relationship between institutional structure and agendas and for Congress' policy‐making role on energy and the environment.     

Projecting the Arena of Inclusion: The Case of South Korea in Pursuing a Phased Inclusive Growth Process

South Korea created a mechanism that fuels inclusive growth, a process that coevolves economic growth and social well‐being. This study attempts to elaborate on the context and preconditions for development that would manifest salience policy implications for moving up the industrial value chain and attain inclusive growth. We contend against the view of simplified growth cum equity that is used to elucidate the success of Korea's socioeconomic development (economic miracles). Our findings informed us that there were intense measures taken throughout different phases of Korea's industrial development. In addition, we observed in many occasions intense negotiations between the state, firms, and civil society for social welfare and a better working environment. This led to a pursuit for inclusive growth in the post catching‐up phase that blended together many inclusive agendas, realizing growth that coevolved industrial upgrading and social welfare. This article seeks to explain how Korea populated its arena of inclusion in the process of pursuing rapid industrialization. The overview of different phases of development provides normative principles that are useful as a guide for other economies which aspire to attain similar development.     

The Formal Delegation of Regulatory Decisions in the Telecommunication Sector: An Explanation Using Classification Trees

Research on regulation has traditionally focused on studying the delegation of regulatory competencies from political principals to an independent regulatory agency. In this article, we argue that this delegation is nuanced by different factors that affect whether a specific regulatory decision is formally delegated. We examine and explain formal delegation patterns at the level of individual regulatory decisions in twelve countries located in Europe, Latin America, and South Asia. The data were gathered by coding the twelve countries' telecommunications legislation. The data analysis was undertaken using a classification tree model—a nonparametric model. We found that the maturity of the market has the greatest effect on the formal delegation of regulatory decisions, but this effect is also influenced by the other theoretical factors considered, particularly the level of political constraints and the type of regulation.     

The Space Between: Demonization of Opponents and Policy Divergence

Prior research on policy conflicts indicates a tendency among policy actors to misperceive the influence of actors engaged in policy debates based on the degree of distance between their relative policy positions. This research develops a measure for assessing the degree and direction of the misperception effect. This measure is then utilized as a dependent variable to assess the relationship between theoretically relevant factors and the degree to which actors will exaggerate the influence of their opponents and allies. The research uses original survey data of policy actors engaged in the debate over hydraulic fracturing in New York. The results indicate misperceptions of relative influence are prevalent and most associated with the experience of a policy loss and holding relatively extreme policy beliefs. The findings provide new insight into factors that influence the demonization of political opponents. These insights are timely in the context of polarized debates over environmental and energy policy in the United States.     

Preparing NATO for the Future – Operating in an Increasingly Contested Environment

The global proliferation of precision-strike systems may be challenging the foundations of Western military-technological supremacy. Relatedly, the development of so-called Anti-Access and Area Denial (A2/AD) capabilities across the globe threatens to complicate Western freedom of military movement and access, and could give way to a more contested military-strategic environment. The twin challenges of precision-strike proliferation and A2/AD strongly impact NATO’s agenda, which revolves around strengthening deterrence and defence in Eastern Europe, and addressing the different threats emanating from the so-called Southern European neighbourhood. In order to address or mitigate such challenges, the Alliance needs to produce operational concepts and capabilities able to deliver deterrence and expeditionary warfare in a maturing precision-strike environment, one characterised by the emergence of A2/AD capabilities.