A guide to the EEOC's final regulations on the Americans with Disabilities Act

The Equal Employment Opportunity Commission (EEOC) recently issued its final regulations on the Americans with Disabilities Act (ADA). Although the regulations offer some guidance for employers on how to comply with the Act, they fail to provide specific answers to the many complicated compliance questions that will surely arise. Further, the regulations are almost totally silent on certain critical issues related to insurance, workers' compensation, and potential conflicts between ADA obligations and terms of collective bargaining agreements. The EEOC has essentially left the resolution of many important ADA questions to case-by-case determination and the litigation process.     

Whistleblowing as a new regulatory instrument in global governance: the case of tax evasion

Abstract

The cross-border impacts of whistleblowing recently have become far more visible and consequential, as evident with the ‘Paradise’ and ‘Panama Papers’ leaks, which exposed tax and other financial wrongdoings of prominent personalities around the world, leading to scandals, resignations and prosecutions. Despite its new prominence, whistleblowing often continues to be seen as a series of ad hoc chance acts. We argue instead that whistleblowing is an increasingly institutionalized regulatory tool that is enabled by an emergent ‘whistleblowing system’, with similarities to other new forms of informal global governance. Whistleblowing can be controversial, and we develop a framework for assessing whether any particular whistleblowing event and the system that enables it are in the public interest. We then apply this analysis to the case of global tax evasion. We conclude that a whistleblowing system can make important contributions to difficult cross-border regulatory challenges such as tax evasion, especially where other governance systems fail.     

Democracy in Britain: Retrospect and Prospect

The EU referendum has raised questions about the nature of democracy, which is not just majority rule. It is wrong to claim that direct democracy has now replaced representative democracy, as Parliament is required to answer all the questions that the referendum did not. The conduct of the referendum reflected the worst aspects of Britain's political culture of sterile adversarialism. Both left and right have shared assumptions about governing that have made it difficult to develop a culture of democratic citizenship. The political system still reflects its pre‐democratic origins (as in the survival of a House of Lords and the obsession with titles) and the role of money in politics represents a form of corruption. Institutional reforms depend for their success on the nurturing of a democratic culture, which is a task for many hands.     

Agriculture in and beyond the Haitian catastrophe

Although the devastation from Haiti’s 2010 earthquake was concentrated in Port-au-Prince, it had deep agrarian roots. This paper situates Haiti’s urban poverty in the chronic exploitation of the country’s peasant classes as a basis for assessing the competing contemporary visions for agricultural development. We argue that the post-earthquake reconstruction has fortified a neoliberal development that is incompatible with the aspirations of the Haitian peasantry. Given the interrelated power of domestic elites and international donors, and the proliferation of disconnected development projects, we conclude that any prospect for pro-poor development hinges on the growth and collaboration of peasant movements.