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.     

Inclusivity in Online Platforms: Recruitment Strategies for Improving Participation of Diverse Sociodemographic Groups

Governments are increasingly implementing smart and digital approaches to promoting citizen participation. However, whether online participation platforms are tools that improve inclusivity in citizen participation remains underexplored. To address this gap, this article focuses on the role of recruitment messages and their effect on participation in an online participation platform by gender and age. A field experiment with a neighborhood census sample (N = 6,066) shows that online participation dips for younger and older citizens and is equal among women and men. For the age groups between 60 and 75, differences in the control and intervention recruitment messages significantly impacted participation. These findings can help public managers tailor recruitment strategies to facilitate inclusive participation and represent a first step toward learning what types of messages are effective for whom.     

Mobilising the Periphery: Brazil's My House My Life Programme and the Homeless Workers' Movement

Brazil's Movimento de Trabalhadores Sem Teto (MTST, Homeless Workers' Movement) has grown dramatically in recent years. This growth was partly provided for by the use of a large government housing programme, Minha Casa Minha Vida (MCMV, My House My Life), which allowed the MTST to construct housing for its members and swell its ranks with thousands of new members. Yet some have argued that the MCMV programme used by the MTST may compromise the autonomy of civil society organisations. This article, by contrast, argues that while the MCMV programme encouraged bureaucratic practices, it also helped to promote the cultural politics of the MTST.     

Directors’ duties under the 2019 Companies Act of Ghana

The scope of directors’ duties forms perhaps the most important part of corporate governance. This paper considers the trajectory of the regulation of directors’ duties under Ghanaian company law from the Companies Act, 1963 (Act 179) to the Companies Act, 2019 (Act 992). Using the 2017 to 2019 financial institutions’ insolvencies in Ghana as a backdrop, it considers whether the scope, formulation and structure of directors’ duties within the new legislation is capable of promoting corporately-beneficial director behaviour. It also discusses whether the framework is apt to deal with similar lapses in corporate governance marked by reckless and opportunistic director behaviour. It discovers that Act 992 places a greater reliance on specific rules while retaining the largely principles-based regulatory technique adopted for regulating director conduct under Act 179. The overall tenor of the framework of directors’ duties under the new Act points to a firmer legislative view of the serious consequences of reckless director conduct. The paper concludes that the language of the framework regulating director conduct is capable of promoting corporately beneficially director behaviour and is also apt to deal with the kind of lapses in corporate governance which led to mass financial sector insolvencies in Ghana.     

Bringing the Falklands/Malvinas Home: Young People's Everyday Engagements with Geopolitics in Domestic Space

This paper draws on recent research examining feminist and everyday geopolitics to focus on the relatively neglected domestic sphere as a space where geopolitical events like the Falklands/Malvinas war are learnt, (re)produced, remembered and contested by young people. It presents qualitative data drawn from interviews with young people from Argentina (Río Gallegos) and the Falkland Islands (Stanley), locations with intimate connections to the 1982 war. It argues that research in domestic environments that engages the familial relations, objects and practices that embody geopolitical pasts can help make sense of how young people (are able to) express geopolitical agency.     

Pensions, Politics, and Judicial Tenure: An Empirical Study of Federal Judges, 1869-2002

When Article III judges conclude active service, they effectivelyabdicate their seat and enable the president and Senate to selecta successor. Some judicial scholars have concluded that politicalfactors—both within and across institutions—largelyinfluence this decision. Analyzing judicial turnover, year byyear, this article finds that judges have increasingly synchronizedtheir departure from active service with qualifying for theirjudicial pension. By comparison, political and institutionalfactors appear to have little influence on turnover rates. Thesefindings contradict much of the existing scholarship on judicialturnover and also offer more viable alternatives for judicialreform.     

When ADR becomes the law: A review of federal practice

Conclusion With the passage of the Administrative Dispute Resolution Act, the stage was set for innovation and change in federal agencies. Now, part way into the five-year life of the Act, a new administration has the potential to encourage even wider use of ADR at the federal level, providing still more examples from which to develop a clearer sense of best practice. Additional funds, both for ACUS and individual agencies, are vital to providing the level of experimentation, innovation, and documentation needed to ensure success.MIT ProfessorLawrence E. Susskind is director of the MIT-Harvard Public Disputes Program, 512 Pound Hall, Harvard Law School, Cambridge, Mass. 02138.Eileen F. Babbitt is associate director of the Public Disputes Program.Phyllis N. Segal is a practicing mediator with Endispute, Incorporated.The authors would like to acknowledge the federal dispute resolution specialists who contributed greatly to our work by providing interviews and materials for this article: Cathy Costantino of FDIC; David Batson of EPA; John Settle and Ron Walczak of HHS; David Drabkin of DLA; Jim Jones of DOL; Sheldon Guttman of FCC; Charles Pou of ACUS; Jeff Domber of GSA; and Diane Liff of DOT.