Harming America: Corporate Crime in a Context of Deregulation

ABSTRACT

Like many Republican presidential candidates before him, Donald J. Trump campaigned on a pro-business, anti-regulation platform, and since his election in November 2016, he has directed his administration to move forward with deregulation in many arenas, including consumer financial protections, environmental controls, and workplace safety among others. Past efforts to roll back regulations governing certain industries, such as the savings and loan and the mortgage industries, have had harmful consequences for the general public or for specific interest groups. In this study, we review what the Trump administration has accomplished with regard to deregulation to date. Then, based on past deregulatory fiascos, we theorize the harmful collateral consequences that may result from this most recent swing of the regulatory-deregulatory pendulum.     

Police chiefs’ and students’ attitudes about the Miranda warnings

Several studies had concluded that the police subculture holds values and attitudes that are distinct from the rest of the population. Among these values is a focus on law and order. While researchers agree that police tend to hold different values, they disagree on the source of the attitudes. Some had argued that the attitudes reflected differences regarding who was recruited for law enforcement careers while others said that the differences reflected changes that occurred to individuals after becoming officers. This study examined whether police officers and students enrolled in criminal justice/sociology classes held similar or different attitudes towards the Miranda warnings. The findings suggested that in some ways, the two groups perceived the warnings in dramatically different ways, while in other ways their differences were simply a matter of degree. Implications are provided.     

A New Use for Practitioners in Teaching Negotiation

This article examines the role that practitioners as guest lecturers have traditionally played in the teaching of negotiation. The authors argue that, as seen from the perspective of student learning, this traditional role has not utilized the practitioner's expertise and experience to an optimal degree. Because of this, they have redesigned the role of the practitioner as guest lecturer in their negotiation course. They describe this new role in some detail. Their goal is to encourage students to understand how and why integrative negotiation techniques can work beyond the classroom in what students call the "real world."     

Gender,security and development

This paper examines the links amongst the concepts of gender, security and development. In particular, it seeks to examine how each of the concepts can be critically understood independently and as interrelated. Through understanding each of these concepts as socially and discursively constructed, contingent and fluid, the paper examines the consequences of such a theoretical framework for key issues facing gender, security and development practitioners: Trafficking, Resolution 1325 and HIV/AIDS.     

Sustaining Labor‐Environmental Coalitions: Banana Allies in Costa Rica

What is required for sustaining an alliance between union and environmental activists? Applying grounded theory to a case study in the Costa Rican banana sector, this article reveals five historical phases. First, unions and environmentalists identify common opportunity structures for joint action. Second, a preexisting network becomes a resource for mobilization. Third, the new coalition engages in communicative action that leads to shared identity and cultural framing and a foundation for handling exogenous global forces. Market policy changes in the fourth phase stimulate a transnational activist network and framing linkages. Dramatic supply disruptions in the fifth precipitate autonomous organizational approaches that require reframing, identity extension, and flexibility. This study argues that the Costa Rican case can be generalized to other labor‐environmental coalitions if such alliances create simple, open structures that agilely adapt to external opportunity structures and expand frames that encourage collaborative autonomy and dualistic collective definitions.     

An Analysis of the Joint Board or County Model as the Structural Basis for Effective Australian Local Governance

Australian policy‐makers continue to rely on municipal amalgamation as the main engine of structural reform in local government, despite strong evidence that it diminishes participation and representation without improving service efficiency. Several promising, but neglected alternative models of structural reform have been developed, including ad hoc resource sharing models, Regional Organisations of Councils, virtual local government, and agency models. In an encouraging response to the recent policy of enforced council amalgamations in NSW, the Shires Association of NSW (2004) has recently proposed a ‘Joint Board model’ of local governance and invited comment on this model. This article takes up this challenge and seeks to place the Joint Board model in conceptual context and evaluate its characteristics and simulated cost savings.     

On Punishing Emotions

This paper challenges recent influential arguments which would encourage legislators and courts to give weight to an assessment of the "evaluative judgements" expressed by the emotions which motivate crimes. While accepting the claim of Kahan and Nussbaum and others that emotions, other than moods, have intentional objects ("the cognitive conception"), and are not mere impulses which bypass cognition ("the mechanistic conception"), it suggests the following criticisms of their analysis. First, the concept of an emotional "evaluative judgement" tends to elide the distinction between (misleadingly named) "judgements" that are merely the sense of an emotion, and do not have the character of acts, and deliberative emotional judgements that do resemble acts and so properly fall within the corrective scope of the law. Second, intentional emotions are empowered by pre–intentional psychological resources which are less amenable than intentional states to the agent's conscious supervision: The traditional recognition of "infirmity" in mitigation of crimes uncharacteristic of the criminal's overall conduct towards others is justified by the unpredictable action of these pre–intentional elements and can survive the abandonment of the mechanistic conception of emotion.     

A Working Class Critique of Criminological Theory

The absence of a thoroughly developed, working class critique of criminological theory has resulted in bias in the creation of knowledge regarding crime and deviance. Much as feminist writings illuminated the unique problems related to gender, and works by those discussing racial and ethnic minorities highlighted the special concerns related to race and ethnicity, a working class perspective can expose the particular issues having to do with class. A brief discussion will be presented dealing with the portrayal of working class people in the media, and the complicity of academia in allowing working class stereotypes to persist. A sketch of a working class perspective will then be developed, and it will be used to critique fourteen of the major criminological theories today in terms of their relative sensitivities and considerations of the class factor in crime and justice issues. The final section places each of the fourteen theories on a continuum from those that do not consider the working class experience at all to those that give the working class experience full consideration. This revised version was published online in July 2006 with corrections to the Cover Date.