Organizational downsizing and age discrimination litigation: the influence of personnel practices and statistical evidence on litigation outcomes

The present study examined relationships between reduction-in-force (RIF) personnel practices, presentation of statistical evidence, and litigation outcomes. Policy capturing methods were utilized to analyze the components of 115 federal district court opinions involving age discrimination disparate treatment allegations and organizational downsizing. Univariate analyses revealed meaningful links between RIF personnel practices, use of statistical evidence, and judicial verdict. The defendant organization was awarded summary judgment in 73% of the claims included in the study. Judicial decisions in favor of the defendant organization were found to be significantly related to such variables as formal performance appraisal systems, termination decision review within the organization, methods of employee assessment and selection for termination, and the presence of a concrete layoff policy. The use of statistical evidence in ADEA disparate treatment litigation was investigated and found to be a potentially persuasive type of indirect evidence. Legal, personnel, and evidentiary ramifications are reviewed, and a framework of downsizing mechanics emphasizing legal defensibility is presented.     

社会性别与政治学

历史上大多数时期的政治学都是无视性别的,它将男性价值观念与经验作为人类生活的全部内容予以表现和描述,表现出严重的性别歧视现象.20世纪70年代,伴随着西方女权主义运动发展起来的用来揭示男女两性社会关系的重要理论-社会性别理论,对这种政治学进行了批判和重建.作为政治过程产物的公共政策体现社会性别意识是当代政府义不容辞的责任.     

新时期就业歧视的成因及治理

就业是最基本的民生,而消除就业歧视则是实现高质量发展的关键。本研究通过梳理就业歧视 相关文献,结合劳动力市场就业歧视的主要类型及表现,分析就业歧视产生的原因及对就业市场的影响。研究发 现,随着社会发展就业歧视类型逐渐多样化,出现户籍、性别、年龄、健康等歧视,也导致我国劳动力市场分割、 人力资源流动不畅、劳动者不公平感加强等危害。研究建议,我国应完善相关就业法规,维护就业者合法权益, 打造公平公正的劳动力市场环境,促进高质量充分就业的实现。     

Justice for All? A Cross‐Time Analysis of Toxics Release Inventory Facility Location

This paper contributes to the environmental justice literature by addressing several outstanding issues in a single study. Using a cross-time data set that allows us to control for the prevalent "chicken-and-egg" or "which-came-first" problem, we analyze the relative importance of poverty and race/ethnicity in an analysis that includes economic costs, potential legal costs, and potential collective action. Because the most appropriate functional form is not obvious, we use several methods, including Tobit, Poisson, and ordinary least squares, on different forms of the dependent variable. In every case, controlling for the population present at the time of disamenity location and controlling the other factors mentioned, we find evidence of disproportionate collocation based on race/ethnicity, but not on poverty alone. We also find that the potential for collective action decreases the likelihood of receipt of the studied disamenities.     

反倾销法的性质与演进之分析--从WTO竞争法设立的角度

反倾销法属于贸易法的范畴还是竞争法的范畴取决于对反倾销法的本质与功能的认识。从本质上来说,由于反倾销法是调整跨国竞争关系的法律规范,应属于竞争法的范畴,但由于它所具有的贸易保护主义的功用,又经常被认定为贸易法的组成部分。当经济的全球化发展要求在WTO框架下设立独立的竞争规则的时候,反倾销法应回归到竞争法中去,以利于国际竞争法整体规则的建立,并从根本上解决目前反倾销理论及运用中所产生的各种问题。     

Overcoming resistance to resistance in public administration: Resistance strategies of marginalized publics in citizen‐state interactions

There has been a general resistance to resistance studies in public administration (PA) research. Although previous research has documented instances of selective policy implementation by PA practitioners that put minority groups at a comparative disadvantage, we still have a limited understanding of the different ways in which these groups contest discriminatory administrative practices especially within non‐western developing countries. To address this gap, in this article, I discuss the various strategic responses the Khawaja Sira—a genderqueer group of Pakistan—employ in their interactions with the frontline police workers to contest their hyper‐surveillance and moral policing. The discussion illustrates that while Khawaja Sira mostly rely on individual acts of contestation in their interactions with police officers, the emerging leadership of the Khawaja Sira is enabling emergence of new forms of resistance based on social capital and collective protests. In addition to contributing to the limited literature on citizen perspectives and LGBT issues in PA research, the theoretical framework of resistance presented here can serve as a good template to analyze citizen responses to discriminatory frontline practice in other sociopolitical contexts as well.     

Lesbian and Gay Immigrants' Post-Migration Experiences: An Integrative Literature Review

This integrative literature review synthesizes recent empirical knowledge about lesbian and gay immigrants' post-migration experiences. Twenty-four studies with various designs are included. The literature shows that those immigrants encounter some opportunities but also many challenges on economical, social and identity levels, thus soliciting coping strategies. Results are synthesized under five topics: the delicate situation in which they find themselves for revealing their lesbian or gay sexual orientation; the racist and homophobic discrimination they can experience; their renegotiation of socioeconomic status; the identity and affiliation challenges they have to overcome; and the hardships that can impact their health.     

The grey area between nationality and citizenship: an analysis of external citizenship policies in Latin America and the Caribbean

Literature on diaspora engagement policies, transnational and extra-territorial citizenship has painted the increasing recognition of dual nationality and the extension of state policies to the diaspora as a signal of states leaving behind the paradigms of exclusive nationality and residence as conditions to exercise citizenship. In doing this, this literature tends to treat citizenship and nationality as synonyms. By analysing the citizenship policies of 22 Latin American and Caribbean states towards their nationals who reside abroad and/or acquire another nationality, we add key nuances to such consideration: nationality and citizenship may relate to different legal statuses – with important consequences for migrants – and there might be differences also between the citizen rights of nationals by origin and of nationals by naturalization. In particular, we show that citizenship and nationality interact in different ways when it comes to the preservation of rights for emigrants: the distinctions allow restricting the portability of citizenship rights for nationals by birth, and other groups of nationals, depending on the exclusivity, and origin, of their national belonging. These distinctions tell a potentially different story of how citizenship is conceived of by states as they approach the challenges of membership and participation posed by emigration, and paint a less rosy picture with regard to the demise of exclusive nationality.     

A field experiment on ethnic discrimination among local Swedish public officials

This study presents an innovative field experiment exploring ethnic discrimination in contacts between local public officials and members of Swedish society. Using a correspondence study design, fictitious individuals with Arabic- and Swedish-sounding names contacted Swedish municipalities via email, asking questions about access to preschools. The findings indicate disadvantageous treatment of individuals with Arabic-sounding names in terms of the informal tone of the replies, as Swedish-sounding names were replied to in a friendlier, more welcoming way. Regarding the more formal aspects of the emails – i.e., whether they were replied to at all and the questions posed were directly answered – no statistically significant signs of discrimination emerge (although differences were of some substantial size, to the disadvantage of Arabic-sounding names). Still, informal disadvantageous treatment is sufficient cause for concern and noteworthy in the case of Sweden, considering its reputation as being egalitarian, immigration friendly and democratically well functioning.     

A Mixture Model for the Number of Gunshot Residues Found on Suspects' Hands

Quantifying the strength of gunshot residue (GSR) evidence requires scientific knowledge about the number of particles expected to be found on individuals who were or were not involved in a shooting. However, controlled experiments demand expensive resources in terms of microscope time and labor, which restricts the data of most studies to only a small group of individuals. We suggest a novel method that exploits data collected routinely on suspects during the daily work of forensic laboratories. These observational data relate to both persons who were involved in a shooting and innocent individuals. We suggest a mixture approach with different models for the number of gunshot residue particles in each group and develop an iterative algorithm to estimate the probabilities of observing the evidence under the defense proposition that the suspect is innocent and under the prosecution assumption that he is not. The method is applied to data of more than 500 suspects collected by the Israel National Police Division of Identification and Forensic Science. The analysis shows that the probability of finding three or more GSR particles on the hands of innocent suspects is very small, less than 1.5 in 1000 cases. Our new method enables researchers to use data on real cases, possibly supplemented by experimental data, in order to estimate the probabilities of a given GSR finding under the defense and prosecution propositions.