Inducing corporate compliance: A compound corporate liability regime

Corporate liability regimes have two major social goals: (i) inducing corporations to internalize all social ramifications of their activity; and (ii) inducing corporations to prevent, deter, and report their employee misconduct. The scholarly polemic has shown that none of the liability regimes recognized thus far in the literature efficiently satisfies both social goals. Following a Law and Economics approach, this paper develops an innovative regime that may comprise an optimal corporate liability framework in most settings. The Compound Corporate Liability Regime developed in this paper is a two-layer strict liability regime. Under this regime, corporations that self-report their employee misconduct incur a sanction that is reduced by the variable enforcement costs saved due to their self-reporting. Such a liability framework aligns social and corporations’ interests, and thereby satisfies both social goals of corporate liability regimes.     

略论14号文件在我国社会主义政治文明建设中的作用

本文梳理了中国特色政党制度的历史演进,论述了14号文件与建设社会主义政治文明的内在统一,深刻揭示了14号文件在我国社会主义政治文明建设中的作用,指出进一步发展和完善14号文件是我国政治文明发展的客观要求.     

Sexual Orientation Discrimination after Grant v South-West Trains

In Grant v South-West Trains [1998] ECR I-621, the European Court of Justice implied that, as a general matter, discrimination against an employee on the ground of sexual orientation did not violate Article 141 EC. This article argues that Grant rests on shaky foundations, in that it is conceptually inconsistent with the Court's earlier decision in P v S and Cornwall County Council [1996] ECR I-2143. Furthermore, the scope of Grant has since been qualified by decisions of the European Court of Human Rights – decisions which may well have undermined the status of the case more broadly. However these difficulties are ultimately resolved, the Court of Justice's treatment of sexual orientation discrimination exposes flaws in its approach as a self-proclaimed constitutional court.     

The Strasbourg Court and Indirect Race Discrimination: Going Beyond the Education Domain

Prohibiting indirect discrimination has been hailed as guaranteeing substantive equality by addressing issues of structural discrimination and inequalities in a way that direct discrimination cannot and will not. However, Article 14, the ECHR's non‐discrimination provision, does not distinguish between direct and indirect discrimination. Only in 2007 the European Court of Human Rights explicitly included the notion of indirect (race) discrimination under Article 14 in DH and Others v Czech Republic, its famous judgment on Roma education segregation. Since then it has applied the prohibition of indirect race discrimination in a limited manner to similar education cases. However, in its recent Grand Chamber decision, Biao v Denmark, the Strasbourg Court started clarifying some unsolved issues in the distinction between direct and indirect discrimination in its case law and finally applied the concept to the much broader area of immigration and citizenship.     

Holding Back the Storm: Target Populations and State Climate Adaptation Planning in America

This paper investigates the landscape of state‐level adaptation planning in the United States. We answer three primary research questions: First, how are states planning for climate change? Second, who are states targeting for climate adaptation? Third, what tools are states using to motivate climate adaptation efforts? We develop and implement a coding scheme using Schneider and Ingram’s Social Construction Framework (SCF) to characterize variation in 2033 individual adaptation goals mentioned in all 14 American states with explicit adaptation plans. We use these data to understand the types of tools used to motivate different actors (governmental, private, nonprofit) to adapt to climate change. We find that the most frequent target of state adaptation planning is the state itself, which provides an opportunity to extend the SCF to a target group often not mentioned in public policy. Specifically, we find that states target themselves with mandates or tools designed to acquire information. Other stakeholders in adaptation are more likely to be the targets of capacity building tools. Private actors are the only population more likely to be targeted by incentives. The project expands the Social Construction Framework to include targets and tools of planning efforts. Practically, our article offers a methodology by which to compare the vastly heterogeneous efforts to adapt to climate change at the subnational level.     

On‐Bill Financing Programs to Support Low‐Carbon Energy Technologies: An Agent‐Oriented Assessment

On‐bill financing (OBF) schemes have been welcomed as innovative mechanisms for encouraging the adoption of low‐carbon energy technologies. Yet while the potential effects of these schemes have received growing attention, less is known about their actual performance. Departing from New Institutional Economics and insights from Behavioral Economics, this theory‐driven assessment examines the How$mart^® program in Kansas (United States) and the Green Deal in the United Kingdom. The study identifies the mechanisms designed to trigger behavioral change and technology adoption. We focus on market agents, and related market failures and behavioral anomalies that often prevent energy efficiency improvements. The paper adds to our theoretical and empirical understanding of public and utility‐driven OBF programs applied to the residential sector. Our findings suggest that simple, carefully designed on‐bill programs, where the financing of efficient technologies takes the form of a service rather than a loan, are more effective for the diffusion of low‐carbon energy technology and the reduction of transaction costs. At the same time, on bill‐financing schemes challenge the core business of utilities, and given the complexities and dynamics of energy efficiency markets and energy use, other policy interventions are needed.     

Agriculture in Shifting Climates: The Configuration and Ripeness of Problem Understandings in Uganda and Senegal

The international community has advocated the adoption of climate‐smart agriculture (CSA) as lower‐income countries deal with the negative consequences of climate change. Scaling up such policies, practices, and programs successfully will require support from a variety of local stakeholders. Such support requires alignment between CSA solutions and the problem understandings of stakeholders. However, problem understandings can differ across individuals, stakeholder groups, and geographic areas. Consequently, we examine understandings of climate problems and socioeconomic and infrastructure problems related to agriculture among different stakeholder groups in Uganda and Senegal. We operationalized and measured these problem understandings following the detailed guidance of the political will and public will approach for analyzing social change. Semistructured interviews elicited stakeholder‐generated lists of problems for each group. Limited quantification of problem understandings and their relative importance or “ripeness” demonstrates how contexts might shape opportunities for CSA.     

Responses to the Clean Power Plan: Factors Influencing State Decision‐Making

In 2015, President Obama introduced the Clean Power Plan (CPP), a federal plan aimed at reducing the production of carbon pollution from power plants. In response, some used legal action to try and stop the plan, while others supported the plan and proceeded with plans for its implementation. This research investigates responses taken by state government in terms of legal remedies and planning for implementation, and what explains those responses. Findings suggest that partisanship plays a key role. Specifically, the partisanship of the attorney general is correlated with the legal response, and the governor with implementation planning. Coals, and perhaps renewables, also seem to play a role, even controlling for partisanship. There is only weak evidence for the effect of policy experience and none for the estimated cost of the policy. The article concludes by discussing the implications of these results for the future of climate policy in the United States.