从自由到平等:美国言论自由的现代转型

自1960年代开始,美国言论自由开启了从经典时期向现代的转型。在色情作品、仇恨言论和竞选经费三个领域,言论自由分别与性别平等、种族平等和财富平等正面相遇。通过把"平等"价值引入言论自由这一转型,使色情作品、仇恨言论和竞选经费从单纯的自由问题变为平等与自由间的平衡;同时,为了促进平等,它还强调法律和政策应告别形式中立,必须向弱势群体有所倾斜。这一转型相当于一场言论自由的"新政",终结了言论自由的洛克纳时代,重塑了言论自由的范式和议程,并对当代言论自由的发展产生持续和深远的影响。     

Rethinking the Porter Hypothesis: The Underappreciated Importance of Value Appropriation and Pollution Intensity

The impact of environmental regulation on the competitiveness of firms and industries remains a hot topic. Since the formulation of the Porter hypothesis, scholars from different research areas have tried to confirm or deny it. However, despite a vast literature engaging this debate, it remains unclear whether and under what conditions the hypothesis could be considered valid. We believe that this is due to the need to consider some additional factors. The aim of this review is to propose additional and significant themes, namely value appropriation and pollution intensity, to be considered when examining the impact of environmental regulation on the innovation and profitability of firms. Results show that the validity of the Porter hypothesis cannot be proved in any condition, but at the same time, there are additional factors that have a relevant influence on that construct, which can lead to a validation or rejection of the hypothesis.     

Governance through global networks and corporate signaling

This article exposes a new form of global governance based on an emergent network of corporate social responsibility (CSR) schemes. Our study is the first to uncover the network structure of this system, based on a dataset that includes 61 transnational CSR schemes and 31,987 firms. We demonstrate that the network exhibits a significant level of cohesiveness, despite having evolved without any form of hierarchical control. Drawing on a social network analysis, we find a positive correlation among the sustainability performance of the firms, their membership in CSR schemes, and their network characteristics. We show that membership in multiple schemes and the firms’ position in the CSR‐schemes network constitute credible predictors of their sustainability performance, generating a separating equilibrium that distinguishes high from low CSR performers. We develop a model that explains the effectiveness of the CSR‐schemes network based on the synergistic properties of the network and on a distinctive signaling dynamic. Our findings highlight the potential contribution of CSR to the resolution of global governance dilemmas.     

Balancing experimentalist and hierarchical governance in European Union electricity and telecommunications regulation: A matter of degrees

While the widespread diffusion of experimentalism across sectors and polities is well documented, less is known about the extent of the shift to this non‐hierarchical form of governance, which continues to coexist with traditional hierarchical governance and involves more inclusive rulemaking and revision based on review of alternative implementation experiences. By comparing and process‐tracing electricity and telecommunications regulation in the European Union, we find diversity in experimentalism over time and across two sectors often considered similar. We explain varying degrees of experimentalism with strategic uncertainty and the constellation of preferences, which we label “de facto polyarchy.” Thus, we confirm the emphasis on uncertainty documented in the experimentalist literature, while addressing a conventional critique by also highlighting the relevance of “politics.” Moreover, while corroborating the common spread of experimentalism, we suggest that an analytical framework based on ideal types offers the best route forward to develop comparative analysis of experimentalism and non‐hierarchical forms of governance more broadly.     

高校毕业生就业歧视的法律规制——兼论《反就业歧视法》的立法必要性

高校毕业生就业歧视现象的产生原因包括毕业生自身的原因、用人单位的原因和我国立法管制的缺位。我国现阶段有关就业歧视规制的立法缺陷主要表现在立法规制的不足、行政执法的不足和司法规制的不足三个方面。高校毕业生就业歧视现象违背了法律的公平正义原则、法律面前人人平等的核心价值理念。通过立法手段对高校毕业生就业歧视现象进行法律规制,是维护高等教育的可持续发展,维护高校毕业生的就业权、提高大学生就业率,提升国民生活质量的需要。应尽快制定《反就业歧视法》,并将反就业歧视纳入高校教育和社会教育体系中。     

Formal independence of regulatory agencies and Varieties of Capitalism: A case of institutional complementarity?

The Varieties of Capitalism literature posits that national economic institutions reflect the mode of coordination of a country's market actors. Despite the importance of this claim and a rich literature on the emergence of regulatory capitalism, few studies test such prediction for Independent Regulatory Agencies (IRAs). This article connects the two fields of research by analysing the impact of economic coordination on the formal independence of IRAs. The results show that, beyond issues of credible commitment and policy stability, the collective action capacity of market actors matters. In particular, regulators in Coordinated Market Economies enjoy less independence than in Liberal Market Economies, while intermediate regimes grant IRAs the least autonomy. The policy implications are nontrivial. Similar to other macroeconomic institutions, inappropriate combinations of economic coordination and IRA independence may engender Pareto‐suboptimal regulatory solutions. In such cases, policymakers should reconsider the rules governing national regulators.     

When doctors shape policy: The impact of self‐regulation on governing human biotechnology

This paper investigates the development and adoption of governance modes in the field of human biotechnology. As the field of human biotechnology is relatively new, voluntary professional self‐regulation constituted the initial governing mode. In the meantime, with the exception of Ireland, all Western European countries have moved toward greater state intervention. Nevertheless, they have done so in contrasting ways and the resulting governance modes for assisted reproductive technology and embryonic stem‐cell research vary greatly. Instead of imposing their steering capacity in a “top‐down” fashion, governments have taken pre‐existing self‐regulatory arrangements in the field into account and built up governance mechanisms in conjunction with private actors and pre‐existing modes of private governance. Our analysis demonstrates that the form and content of the initial self‐regulation explain why the self‐steering capacity of the medical profession was largely or at least partially preserved through hybrid governance systems in Britain and Germany, while in France the self‐regulation was entirely replaced by governmental intervention.     

Udder justice: the dairy cow’s experience of milk production regulations in Canada

Abstract

In a world continually (re)structured through neoliberal organization, processes of food production and consumption are increasingly market-oriented within an agribusiness-structured system. This paper provides an exploratory analysis of the role of the Canadian dairy cow as both a producer and a consumer through questioning how the production–consumption roles are structured within federal legal regulations governing the dairy cow’s life on a modern farm. Particularly, this paper explores whether there is a difference between how the dairy cow is defined and treated through regulations governing consumption, such as feed and care, versus production laws, including impregnation and milking processes. This inquiry will be answered by examining literature and data describing Canadian dairy farms, combined with a discourse analysis of federal regulations governing the consumption and production activities of dairy cattle. The results will be presented from the perspective of the Canadian dairy cow, followed by a discussion of how regulations may best represent the just treatment of the dairy cow within both roles.     

Legislating for corporate criminal liability in Finland: 22-year long debate revisited

The criminal liability of corporations has been the subject of long debates in many countries. This article scrutinizes the 22-year long genesis of corporate criminal liability legislation in Finland. We are interested in unveiling the turns of the law-making process, and in investigating the struggle between various interest groups from a socio-historical perspective. The research data consist of legislative documents such as committee memorandums and written opinions, and the method of inquiry is content analysis. Our study reveals that the core issue of the process became whether jurisprudential principles should be changed in accordance with societal change or whether they are essentially immutable. The Act of Corporate Criminal Liability took effect in 1995, but its coverage was weakened by imposing discretionary sentencing and leaving employment offences outside of its purview. The initial aim and the very justification of the law—to place liability where it belongs—was achieved only in principle. Furthermore, the final outcome of the 1995 law served to actually prevent corporate misconducts from being processed as crimes.