bluuebunny/crossref_metadata_2025 huggingface dataset:
Regulatory Culture: A Theoretical Outline*
Authors: MEIDINGER ERROL
Published: January 2008

Although recent scholarship on regulation has seen a significant increase in discussions of regulatory culture, little has been done to develop the theoretical implications of the concept. This article seeks to help focus discussions of regulatory culture by explicating the general nature of cultural analysis, relating it to traditional approaches to regulation, reviewing the sources of regulatory culture, and suggesting strategies for future research.

Culture has become a central construct in recent studies of administrative regulation (e.g., Bell, 1985; Hawkins, 1984; Jasanoff, 1986; McGarity, 1985; Meidinger, 1985; Vogel, 1986). But the meaning and import of this development remain quite unclear. Culture has not traditionally played a significant role in regulatory discourse. Consequently, scholars and analysts picking up on the idea tend to use it in diffuse, inconsistent, and often simplistic ways.

This paper is an effort to lend some focus to discussions of regulatory culture by developing a useful theoretical framework for comprehending it. That framework must be broad enough to encompass the complexities of regulatory activity, flexible enough to adapt to its continuous changes, and still focused enough to suggest particular lines of inquiry. In pursuing such a conception, this paper draws heavily on scholarship outside the substantive area of regulation, for culture has a long and instructive history as a primary construct in other fields of inquiry. At the same time, it attempts to tailor the concept of culture to regulatory arenas, and to offer examples from them where possible.
Computer Matching: Toward Computerized Systems of Regulation
Authors: REICHMAN NANCY
Published: January 2008

This paper provides an overview of computer matching, one of the new forms of computer‐generated social control. Administrative and legislative developments encouraging the use of this technique are discussed. Trade‐offs between increasing regulatory effectiveness and efficiency, on the one hand, and the rights of individuals on the other are discussed. The paper concludes with a set of policy questions that are likely to inform the process of drawing the necessary balance.
Coercion and Consent: A Tale of Two Court Reforms*
Authors: McEWEN CRAIG A. , MAIMAN RICHARD J.
Published: January 2008

The state courts in Maine have improved compliance with small claims judgments through two distinct reforms: an automatic disclosure process and a court‐based mediation program. The first of these survived only briefly but the second is well institutionalized. After showing the similar effects on compliance rates of these two reforms, we conclude that contrasting fortunes of mediation and automatic disclosure can be attributed to their different effects on the costs and work life of courts as organizations and can be further understood in terms of their impact on the court as an institution with fragile authority.
Judicial Reform and Rationalization: The Diffusion of Court Reform Policies Among the American States
Authors: SCHEB JOHN M. , MATHENY ALBERT R.
Published: January 2008

Explaining the diffusion of judicial reform policies among the American states is an elusive task. Are such policies simply part of the larger policy process revealed in the comparative state policy literature? Or b court reform a policy arena unto itself, responding to factors uniquely legal or professional in nature? Our inquiry begins with Max Weber's sociology of law from which we adopt his concept of rationalization as a schema of policy development. According to Weber, the “rationalization” of legal institutions would accompany the advancement of capitalism in modernizing nations. Thus, we might expect specific judicial reform policies expressly aimed at rationalizing the structure and process of state court systems to be closely associated with each other and with commonly accepted indicators of economic development among the states. As part of our investigation, we relate court reforms to broader policy innovations among the states, drawing on earlier “diffusion of innovations” research.

Our data indicate a strong connection between judicial reform and more general patterns of innovation diffusion among the states, but provide only modest support for Weber's assertions about the rationalization of legal systems under advancing capitalism. Three of the selected reforms cluster together and are largely explainable by indicators of economic development. Two other reforms do not fit this pattern, and their “behavior” requires additional discussion and research. Thus, the diffusion of judicial reform policy is partly accounted for by factors found in explanations of general policy innovations across states, but other, as yet unidentified, factors apparently influence certain aspects of judicial reform.

The connection between Max Weber's legal sociology and policy development among the American states might at first blush seem remote or tenuous. However, this article attempts to use Weber's insights into modern legal systems to (1) examine a specific area of state policy making–judicial reform–and (2) establish a connection between policy development in the court reform area and the larger literature on general policy innovation in the American states. This inquiry is inspired by the lack of theoretical integration apparent in the literature on court reform, on the one hand, and the absence of empirical analyses connecting court reform data with “diffusion of innovation” policy studies, on the other.
Socio‐Legal Research and Policy Studies: A Review of the Issues
Authors: GESSNER VOLKMAR , THOMAS JOHN M.
Published: January 2008

This symposium is based upon a workshop at the 1985 World Congress of the International Research Council for the Sociology of Law in Aix‐en‐Provence, France. Special thanks are due to the participants in the workshop for their contributions to a stimulating and useful discussion of the complex issues in socio‐legal research and the public policy process.
The Pull of the Policy Audience
Authors: SARAT AUSTIN , SILBEY SUSAN
Published: January 2008

Much research in the sociology of law seeks to play a role informing policymakers about the effects of particular policy initiatives and to participate in debates about how to use law as an instrument of public policy. The paper examines the origins of policy studies in legal realism and describes the way contemporary law and society scholars selectively appropriate aspects of the realist heritage while ignoring others. Particular attention is paid to the ways in which those scholars separate policy from politics and operate as if policy focused research were not itself political. The paper traces the pull of the policy audience and the separation of policy from politics through a close examination of several widely respected examples of sociolegal scholarship. In addition, an effort is made to assess the impact that the desire to speak to the powerful has had in shaping what constitutes acceptable scientific practice and in shaping the domain of study. The paper concludes by arguing that the sociology of law would benefit from an effort to interrogate the basic premises which inform policy debate and that such an interrogation itself requires greater distance from the policy audience.
“Between Cup and Lip”: Social Science Influences on Law and Policy*
Authors: LEMPERT RICHARD
Published: January 2008

This paper is concerned with understanding how social science research comes to influence legal decision makers. Part one suggests that three dimensions are important in understanding the probable utilization of social science knowledge. These are the identity of the user, whether or not the research is commissioned by a user and whether the research takes the form of a study or a synthesis. Whether research is basic or applied in its orientation is regarded as less important than the preceding considerations. Part two examines the ways in which social science research is actually used by administrative agencies and then asks whether those patterns that apply in administrative agencies are likely to be duplicated by courts. Judges in appellate courts, it is argued, treat social science research in much the same way as do policy makers in administrative agencies, which is to say that direct and dispositive uses are rare, but research may serve an enlightenment or strategic function. Trial decision makers, on the other hand, are often directly influenced by social science findings. The difference between the utilization of social science research at the trial and appellate levels are explained by structural consideration.
Policy, Research, and Funding: Socio Legal Studies in a changed Political Climate
Authors: HAWKINS KEITH , HARRIS DONALD
Published: January 2008

In the current conservative political climate in Britain, the USA and elsewhere, spcio‐legal scholars are under increasing pressure to display explicitly the practical relevance and usefulness of their research. ‘Relevance’ is usually taken to be indicated by the capacity of research findings to change social policy or to foreclose certain courses of action. But it is also important to turn the question around and as well as asking about the extent to which socio‐legal research has changed governmental policies, we should always bear in mind that governmental policies, particularly about modes of funding, may change the character and fundamental utility of socio‐legal research. The discussion is illustrated by reference to recent experience at the Centre for Socio‐Legal Studies at Oxford University.
Regulatory Reform: Creating Gaps and Making Markets
Authors: HARRINGTON CHRISTINE B.
Published: January 2008

This article argues that dispute processing reform, such as regulatory negotiation, plays a role in constructing a “crisis” in regulatory litigation and defining a new partnership between regulated interests and the state. Unlike traditional studies of regulatory reform, which tend to evaluate the behavioral impact of legal reform on policy, I argue that reforms themselves play a constitutive role in politics. The article examines the ideology of regulatory negotiation and presents empirical data on federal regulatory litigation in the U.S. Courts of Appeals (1940–1985), to demonstrate that this legal reform is part of a general drive toward a minimalist state.
Matrimonial Breakdown and the Legal Process: The Limitations of No‐Fault Divorce
Authors: INGLEBY RICHARD
Published: January 2008

This paper sets out the factors underlying the policy of no‐fault divorce, and questions the attainability of its aims. From the writer's empirical research into the operation of English divorce law, it is argued that legal reforms are not of themselves enough to change the attitudes of divorcing parties to the breakdown of their marriage. Reform should take into account the dynamics of the process of breakdown, in particular, the likelihood that the parties will have different attitudes to the breakdown of the relationship.
Moral Suasion and Taxpayer Compliance
Authors: BARDACH EUGENE
Published: January 2008

Some evidence suggests that certain taxpayers might increase their “voluntary” compliance with the tax laws if presented with the right “moral appeals.” If such appeals were relatively inexpensive, compared to hiring more auditors, say, even small improvements in compliance would justify such efforts. However, would such appeals be “justified” in some philosophical, as opposed to economic or psychological, sense? The moral grounds for voluntary cooperation with the tax collection agency turn out, on close scrutiny, to be surprisingly narrow. Though firm, these moral grounds also contain– arguably, at least–one important exception.
The Concept of Regulation in the Analysis of an Organised World
Authors: COLEBATCH H. K.
Published: January 2008

Much academic analysis of regulation presents it in the terms used by the practitioners–as an intentional, two‐player game. But an action‐based analysis would show it as a social process involving a range of participants and frameworks of meaning, with the term “Government regulation” being applied retrospectively. This approach yields better analysis of the action, and also a better guide to action.
The Gorilla in the Closet: Joint and Several Liability and the Cleanup of Toxic Waste Sites
Authors: WILKERSON WILLIAM R. , CHURCH THOMAS W.
Published: January 2008

The use of the tort law doctrine joint and several liability (JSL) to Superfund, the federal program to cleanup inactive toxic waste sites, has been controversial since, its inception. Despite this controversy, the underlying assumptions for utilizing JSL have gone largely unexamined. We look at four rationales for applying joint and several liability in this setting: (a) a fairness rationale; (b) a settlement rationale; (c) a deep pockets rationale; and (d) an incentives effects rationale. We find that it is unclear whether JSL has had the desired effect of encouraging swift site clean ups. At a minimum it seems clear that unexpected and undesired consequences accompany its use warranting further research on this important public policy question.
Thirty Years of Social Science in Supreme Court Criminal Cases*
Authors: ACKER JAMES R.
Published: January 2008

The Supreme Court early took note of extralegal, “social science” materials in Muller v. Oregon (1908), and a half‐century later made specific reference to social science authorities in the famous footnote 11 of Brown v. Board of Education (1954). Since Brown, much has been written about the Supreme Court's use of social science research evidence, but there has been little systematic study of that use. Those writing on the subject commonly focus on areas of law such as jury size, where social science has been used, and have generally assumed that social science information has been utilized in Supreme Court decisions with increasing regularity. Surprisingly little is known, however, about either the justices' baseline use of social science authorities, or many other aspects of their uses of social science information. The focus here is on the citation of social science research evidence in a sample of 240 criminal cases decided during the 30 years between the Supreme Court's 1958 and 1987 Terms. The resulting portrait contributes to a fuller understanding of the justices' use of social science materials, and may ultimately help promote more effective utilization of social science research evidence in Supreme Court decisions.
The New Philadelphia Story: The Effects of Severe Punishment for Drunk Driving*
Authors: ROSS H. LAURENCE , VOAS ROBERT B.
Published: January 2008

This article documents the experience of a community–New Philadelphia, Ohio–in which a concerned judge attempted to apply severe penalties in order to deter drunk driving. Surveys of drivers on weekend nights were performed in this community and the nearby comparison city of Cambridge in order to determine the extent to which the legal threats were perceived and the extent to which people drank and drove. It was found that the judicial policies were well known in New Philadelphia, but no differences could be discerned in the extent of drinking and driving between the two cities. No significant differences were found in the subsequent records of samples of sentenced drivers in the two cities, the New Philadelphia sample being sentenced to heavy punishments and the Cambridge drivers being sentenced traditionally. The accomplishments and limitations of the experience reported in this study are relevant both to formulating effective countermeasures to drunk driving in specific American communities, and to understanding the role of law–its capabilities and limitations–in addressing social problems more generally.
Doctors, Lawyers, and Malpractice Insurance: Is Physician Discipline or Legal Restrictions the Answer?
Authors: SOUTHWICK LAWRENCE , YOUNG GARY J.
Published: January 2008

Legislatures have made numerous attempts to reduce medical malpractice costs by changing the legal rules governing malpractice suits. Additional changes through physician discipline are also under consideration. This paper ‐ tests whether these changes have had the desired effects, using cross‐state data. The empirical findings are that the results of changes in the legal rules are generally as expected, but that physician discipline seems to have little impact on either insurer costs or insurance rates, even after the discipline rules have been in effect for up to four years.
The Responsibility of the Police Command for Street‐Level Actions
Authors: ANECHIARICO FRANK , LOCKWOOD STEPHEN L.
Published: January 2008

This article examines federal judicial doctrine concerning the responsibility of police officials for patrol misconduct. The current standard requiring a showing by plaintiffs of an “affirmative link” between street‐level action and the intention of commanders is challenged in two ways. First, through the application of organizational analysis to the premises of leading cases in the doctrine, and, second, by considering three suits alleging patterns of patrol misconduct, in which the elements of a new standard of command responsibility can be discerned. The authors argue that a standard based on a strengthened doctrine of respondeat superior will help insure the preservation of due process rights in citizen encounters with the police. The article recommends the imposition of departmental record keeping requirements for personnel evaluations and for allegations and investigations of patrol misconduct. A further recommendation would require departmental regulations on the use of force.
Why the 1980s Measures of Racially Polarized Voting Are Inadequate for the 1990s
Authors: LUPIA ARTHUR , McCUE KENNETH
Published: January 2008

In this paper, we attempt to clarify some of the confusion that surrounds the measurement of racially polarized voting. This clarification is necessary because the determination of whether or not racially polarized voting exists is often a critical component of the evidence presented in Voting Rights Act (Section 2) litigation. We first show that the correlation coefficient should never be used to measure voting polarization by relating the statistic to the individual behavior that it is supposed to be describing. We then compare the estimates of polarized voting that are provided by other commonly used measures with individual behavior in order to show that the Voting Rights disputes of the 1990s will require different and more carefully specified measures than are currently in use.
Regulatory Agencies and Interest Groups in Occupational Health and Safety in Great Britain and West Germany: A Perspective from West Germany*
Authors: GRÄBE SYLVIA
Published: January 2008

In this paper, results are introduced of an empirical study which investigated the practice of occupational health and safety regulation in two countries, Great Britain and West Germany. The analysis concentrates on the specific relationship that regulatory agencies and the concerned interest groups, employers and trade unions, develop in the two stages of policy formulation and implementation of health and safety regulation. Results show that interest groups actively participate in the regulation‐making systems in both countries. Their policy pursued in this process is influenced and mediated by their actual resources as well as by individual views and assessments of each side's representatives. In Germany, a strong fragmentation with numerous private and quasi‐governmental bodies entitled to formulate standards makes it difficult for the interest groups to concentrate on the competent and important committees. In contrast, we find a clearer responsibility of bodies and committees in the case of Britain. In both countries, enforcement policy prefers an advisory and persuasive style even though the legal backgrounds are quite different.
The Politics of Constitution Making: Transforming Politics into Constitutions
Authors: PREUSS ULRICH K.
Published: January 2008

According to our conventional perception of the interrelations between revolutions and constitutions, constitutions perpetuate the interests of the victorious forces of the revolution. This paper analyzes the distinctive character of the revolutions of 1989 in East and Central Europe with respect to their claim to constitutionalism. The main characteristic of these revolutions is the disbelief of their proponents in the postulate of a homogeneous unitary popular will which imposes itself on the society. Intead, two different concepts of civil society have been emerging, both of which can be connected with a more elaborate notion of constitutionalism. Constitutions can be understood as institutional devices which encourage the endurance of their legality without being entirely dependent on either the principle of self‐interest or the idea of pre‐political consensus.
The Constitution‐Making Process in Poland*
Authors: OSIATYNSKI WIKTOR
Published: January 2008

The process of constitution making in Poland since 1989, and the content of the two draft constitutions prepared separately by the Sejm and the Senate are described in this paper. The relatively weak sense of constitutionalism in Poland's tradition is commented on and compared with the role of judicial review by the courts and constitutional tribunals in the United States and Europe. The latter part of the article discusses the role of the Church, the civil society, the unions and voluntary associations in constitution making and in the post‐Communist society in general.
Regeneration of Civil Society in Hungary: The Recodification of the Right of Assembly and Association
Authors: HALMAI GÁBOR
Published: January 2008

Amid the stormy political events of 1988‐89, Hungary took a turn toward becoming a constitutional state and moved in the direction of re‐establishing the rule of law and having a real constitution.

The process of establishing the rule of law began with the recodification, adopted in January 1989, of the right of assembly and association. This right must be understood in the context of the extremely fast paced regeneration of civil society. Analogous to what Habermas wrote about the emergence of civil publicity in Europe, at first it was nothing more than non‐political gatherings and associations, where one would spend one's leisure time. Later on, however ‐ similarly to the eighteenth century transformation of political publicity ‐ there was an increasing need for political meetings and demonstrations as well as for establishing trade and directly political unions.

This development, of course, made it necessary to conceive of the right of assembly and association in a radically new manner. A conception not limiting these rights to politically neutral programs, festival marches, or to the possibility of setting up associations (e.g., for stamp collecting), but including the freedom to conduct antigovernment demonstrations, to establish parties, and to create coalitions.
Analyzing the Equity and Efficiency of OSHA Enforcement
Authors: GRAY WAYNE B. , SCHOLZ JOHN T.
Published: January 2008

Our study evaluates the equity and efficiency of OSHA enforcement relating to the nature of the firm, the intensity of the inspection, and the size of penalty, based on the experience of 6,842 firms between 1979 and 1985. We found that: (1) enforcement actions against firms with one hundred to five hundred employees had greater general and specific deterrence effects than against larger or smaller firms; (2) superficial inspections that checked only the firm's injury records were ineffective. Health inspections, which tend to be more intense, also reduced injuries, but repeated inspections in the same year did not; and (3) larger penalties did not increase either general or specific deterrence. Small penalties decreased injuries as much as larger ones, and took considerably less inspection time. We discuss implications for policy, and emphasize the need for further research on the equity and efficiency of enforcement.
Citizen Orientations Toward State and Non‐State Policing*
Authors: ZIEGENHAGEN EDUARD A. , BROSNAN DOLORES
Published: January 2008

In contemporary Western societies, policing has become associated with the state although this practice is of recent origin and by no means universal. Even within post‐industrial states, non‐state forms of policing exist and may be a rediscovered source of social control. A survey of subway riders in New York City provides information about citizen dispositions toward policing by state and non‐state sources. It was found that respondents are substantially more supportive of a self designated citizen anti‐crime organization, the Guardian Angels, than they are of the New York City Transit Police although a sizable number of respondents support both sources of policing. Differential assessment is related to perception of crime trends, the degrees to which respondents believe bystanders will intervene on their behalf in the event of a crime, fear of victimization and the reported likelihood that respondents will intervene. Such findings are useful in addressing general theoretical issues respecting the basis for support of state and non‐state policing and their relative role in social control.
Risk Assessment Implementation and Legal Liability in CPS Practice*
Authors: NOHEJL CHERYL A. , DOUECK HOWARD J. , LEVINE MURRAY
Published: January 2008

The development of structured risk assessment models for use by child protective services workers is a relatively recent phenomenon. This paper explores some of the legal issues inherent in the implementation of such models.
Consequences and Dilemmas in Therapeutic Relationships with Families Resulting from Mandatory Reporting Legislation
Authors: ANDERSON ELIZABETH , STEINBERG KAREN , FERRETTI LOUISE , LEVINE MURRAY , SHARMA ANUPAMA , WALLACH LEAH
Published: January 2008

Mandatory reporting legislation has been adopted in every state to insure the protection of children from maltreatment. These statutes have become a significant factor in the lives of mental health professionals who work with children and families. Thirty psychotherapists who had made a recent report of child maltreatment on a client in treatment were interviewed about their experiences with reporting and the consequences of reporting for therapeutic relationships. Several potentially problematic consequences and dilemmas were identified by the therapists, including immediate and long‐term effects on the therapeutic alliance and course of therapy, and conflicts of interest in working with children and families.
The Right to Die: State Courts Lead where Legislatures Fear to Tread*
Authors: HOEFLER JAMES M. , KAMOIE BRIAN E.
Published: January 2008

The right to die may be among the most legally complex and culturally sensitive areas of civil rights to emerge in our time. The thorny issues associated with a terminally ill individual's right to self‐determination, and the disposition of individuals who are incompetent to make right to die decisions for themselves, promises to keep all parties involved ‐ health care professionals, medical ethicists, families, lawyers, judges, and state legislators ‐busy for some time to come. To this point, the state courts have taken the lead in the right to die debate, while the state legislatures have tended to drag their collective feet. This article lays the case law groundwork for right to die decision making, then goes on to assay the legislative responses to the issue that have been rendered in the fifty states.
A Moral Appeal for Taxpayer Compliance: The Case for a Mass Media Campaign*
Authors: MASON LAURIE , MASON ROBERT
Published: January 2008

This paper examines the ability of the mass media to enhance compliance with the law by the use of moral appeals. Drawing on the moral development literature and the literature of mass communication effects, we set forth a model for designing mass media campaigns directed at improving compliance with the law. Tax compliance is the issue we analyze. While we determine that no appeal, however well‐crafted, is expected to reform all tax offenders, and that some approaches are likely to produce less rather than more compliance, we identify hallmarks of a potentially successful appeal.
After Rio: Measuring the Effectiveness of the International Response*
Authors: DRENNEN THOMAS E.
Published: January 2008

The Framework Convention on Climate Change, opened for signature at the 1992 United Nations Conference on the Environment and Development (UNCED), formally begins a process for countries jointly to limit the long‐term risk of climate change. The near‐term effectiveness of the Framework Convention will be limited, due to ambiguities in language, uncertainties regarding the magnitude and location of sources and sinks, the difference between biological and industrial emissions, uncertainty about the relative importance of the various greenhouse gases and selection of a weighting system, and concerns about equity. Action in the near term will likely cover either CO2 alone or just those gases resulting from the use of fossil fuels in the industrialized world. Based on this limitation, it is projected that by 2036 the earth will be committed to a 2.2oC temperature increase. The effectiveness of the Convention need not be as limited as this analysis suggests; it is an evolving document, tailored to be flexible and to respond to the most recent scientific knowledge.
Public Participation in Environmental Regulatory Conflicts: Treading Through the Possibilities and Pitfalls*
Authors: WEINBERG ADAM S. , GOULD KENNETH A.
Published: January 2008

Based on two years of qualitative field work, this paper examines public participation in environmental regulatory disputes. Drawing on political economy critiques of environmentalism, we argue that regulation is both a political arena and a legal process that is about responsivity, competition, and bargaining. A combination of case study and Boolean algebra techniques are used to refine and apply the conceptualization. Five primary factors are identified which mediate citizens' participation: (I) information networks, (2) social resources, (3) cooperative linkages, (4) the ability to sustain linkages and levels of resource mobilization over time, and (5) agendas which fit within the narrow constitutive norms of a particular regulatory community.
The Response of Business to Social Regulation in England and Wales: An Enforcement Perspective*
Authors: HAWKINS KEITH , HUTTER BRIDGET M.
Published: January 2008

This paper considers business adaptation to legal regulation from an enforcement perspective. It is argued that regulatory agencies and business have a reflexive relationship in which there is a continual process of adaptation and readaptation by one party and then the other. This reflexivity and its implications are discussed with reference to socio‐legal research into the regulation of occupational health and safety and environmental pollution in England and Wales.
The Limits of the Economic Analysis of Regulation: An Empirical Case and a Case for Empiricism*
Authors: MAKKAI TONI , BRAITHWAITE JOHN
Published: January 2008

Can the tools of the economic analysis of law be used to identify the optimal level of stringency in regulatory standards? Data on the costs of nursing home regulatory compliance suggest that in this domain such models could only produce wildly false estimates of the optimal level of stringency. Among the reasons for this are that: (a) actual costs of compliance explain only 19 percent of the variance in the subjectively expected costs that should inform rational choices; and (b) while there is a powerful effect of expected cost on compliance disaggregated by standard, this is not a monotonic increasing effect but a parabolic relationship. The reason for the finding that almost half the nursing homes lie on the wrong side of the turning point of this parabola is that these homes tend to be run by managers who are “disengagers” from the regulatory culture. Their behavior is not to be understood in terms of rational game playing but in terms of dropping out of the regulatory game. The disengagers are in the regulatory system but not of it and certainly not economically calculative about it.
The Australian Government's Affirmative Action Legislation: Achieving Social Change Through Human Resource Management*
Authors: BRAITHWAITE VALERIE
Published: January 2008

Data from the Affirmative Action Agency Public Reports and the Australian Workplace Industrial Relations Survey were used to review progress in the implementation of the Australian Government's Affirmative Action legislation and to examine the relationship between following mandatory procedures and achieving outcomes that impact positively on women's workforce experiences. The data suggest that while a relationship exists at the bivariate level, it becomes considerably weaker when organizational and workforce characteristics are controlled. The variables that emerged from the analyses as strong predictors of both procedural compliance and the adoption of accommodating practices for women centered around human resource management. Where companies were committed to human resource management, both procedural compliance and accommodating practices tended to be high. These data demonstrate the importance of linking legislation for social change with workplace functions, particularly when resistance to the legislation is high and capacity to enforce is low.
Progressive Taxation, Fairness, and Compliance*
Authors: ROBERTS MICHAEL L. , HITE PEGGY A.
Published: January 2008

This paper examines the preferences for income tax progressivity, other tax fairness issues, and tax compliance of a national sample of nearly six hundred heads of U.S. households. The results reveal that mean public preferences for fair tax burdens are close to actual effective tax rates; however, the similarity between average preferred and actual effective tax rates masks an underlying schism between three groups: (I) those who believe tax rates should be higher for upper income persons (steep progressives), (2) those who prefer mildly progressive tax rates (mild progressives), and (3) those who believe tax rates should be flat (“flatraters). The analysis includes demographic and fairness profiles associated with tax rate preferences. Attitudes about the overall fairness of the income tax, exchange equity with the federal government, government spending, tax complexity, and tax compliance behavior are examined. In general, respondents' stated preferences for vertical equity approximate the current distribution of the income tax burden, yet there is a relatively high consensus that the income tax is unfair, especially with regard to the ability of wealthy taxpayers to exploit loopholes to avoid paying their fair share, and that respondents regard their own tax burdens as unfair. These results suggest that providing information to the public about the relative amount of income taxes paid by upper income individuals and the effects of recent limitations on “loopholes” could improve public attitudes about the fairness of the income tax and tax compliance.
The Effects of Medical Accidents and Litigation on Doctors and Patients*
Authors: ENNIS MAEVE , VINCENT CHARLES
Published: January 2008

Medical accidents and litigation can have a profound and long lasting effect on both doctors and patients. Research has shown that for doctors, working in a profession which is intrinsically stressful, the added stress of litigation and accidents is leading to considerable strain and sometimes to maladaptive and inappropriate behaviors on the part of some doctors. For many it is leading to the practice of defensive medicine. For patients the picture is not better. Some are left with no clear idea of what has happened or why they have been injured by their medical treatment. Many are left needing further remedial treatment and for some the psychological effects are akin to those suffered by victims of major disasters. In this paper we have looked at these issues and have put forward proposals to suggest how things can be improved for both doctors and patients.
The Social Psychology of Making and Responding to Hospital Complaints: An Account Model of Complaint Processes*
Authors: LLOYD‐BOSTOCK SALLY , MULCAHY LINDA
Published: January 2008

Drawing on a study of 399 hospital complaints entering the National Health Service formal complaints procedure, this paper analyzes the interaction between complainant and hospital as a social episode in which the hospital is called to account for violation of the complainant's normative expectations and makes its response. The non‐instrumental and uncrystallized character of many complaints is emphasized. Letters of complaint and replies from the hospital were readily analyzed in terms of the proposed model, providing insights into the social psychology of complaining, the goals of complainants, and the elements of successful apologies. Factors correlating with complainants' satisfaction further support the model and confirm the importance of a socially appropriate response to complaints. The implications of the study are discussed both in relation to hospital complaints and in the context of the literature on disputing more broadly.
Sexual Entitlement: Rights and AIDS, The Early Years*
Authors: BRIGHAM JOHN
Published: January 2008

While traditionally social scientists saw politics as an independent force acting on law, today it seems appropriate to also view law as an agent in the construction of political identities, aspirations and tactics. Here, the AIDS epidemic illuminates this relationship. Soon after AIDS was identified, the cities of San Francisco and San Diego moved to close the gay baths as breeding grounds for the disease. The struggle over that policy reveals how law enters into the debates within the homosexual community, and at least partially constitutes individual identity in that community.
Green Markets: Environmental Regulation by the Private Sector*
Authors: GRABOSKY P.N.
Published: January 2008

The article begins with a review of recent trends in the devolution of state functions to nongovernment institutions, and discusses how private interests may be enlisted in furtherance of public policy. It then outlines a variety of institutions and instruments which might comprise a system of regulation for environmental protection, and suggests some of the forms of interaction between them.

The focus then turns to commercial activity which can further the interests of environmental protection. It summarizes eight emerging trends in “green commerce” and concludes that in some settings, the constructive influence of commercial forces can exceed that wielded by government agencies.
Locational Perception: City Versus Suburban Home‐Buying Preference*
Authors: POINDEXTER GEORGETTE C.
Published: January 2008

This article analyzes the importance of different factors of locational perception and how these factors impact upon home buyers' decisions to choose a certain location (city or suburb) for their purchases. The strength of these perceptions is tested using empirical data from a mail survey conducted in Philadelphia and its suburbs in the summer of 1993. Based on these findings, the author gives policy suggestions to equalize home buyers' perceptions of the city and the suburbs with the goal of encouraging home ownership within the city.
Regulatory and Administrative Agency Behavior: Accommodation, Amplification, and Assimilation*
Authors: GILBOY JANET A.
Published: January 2008

Much scholarly analysis of regulatory and administrative behavior focuses on officials' reactions to external influences. Commonly discussed is officials' accommodation of external interests or pressures (such as those of interest groups). But case studies show two additional types of behavior: amplification, in which officials enlarge the effects of external influences by anticipating the potential likely consequences of certain kinds of agency actions based upon their understandings of how situations have been responded to or may be responded to by others in the future; and assimilation, where officials define a situation as problematic and coordinate with or take into account various elements of their environment in attending to the perceived problem. Focusing on all three patterns of behavior and the context within which they emerge yields a fuller analysis of the significance of external factors for the exercise of discretion.
From Both Sides Now: Informed Consent, Organ Transplantation, and Family‐Based Disclosure*
Authors: GROVER BONNIE KAE
Published: January 2008

Drawing on the legal and social development of the right of individual patients to give informed consent to medical treatment, this article explores some implications of heroic life‐saving measures in medicine that are made possibly by unprecedented advances in medical technology. Talcing cardiac transplantation as its primary example, the article examines the broader effects, both short‐term and long‐term, on family members as well as on the patient of this and similar types of heroic treatment. The author then offers a novel legal theory: where the heroic measure holds the risk of serious or life threatening changes, not just for the patients themselves but for their intimately connected family members as well, those members ought to have a legal right to participate in the informed consent process. The author sketches the contours of such a right and defends it in the face of various objections that may be made to it.

I've looked at life from both sides now from win and lose, and still somehow it's life's illusions I recall. I really don't know life at all.

(“Both Sides Now,” on Colors of the Day: The Best of Judy Collins, Electra Records 1972)
Evolution of Copyright Protection for Software Programs in Australia*
Authors: DEMPSEY GILLIAN
Published: January 2008

This article engages in a critical analysis of the political actors and ideological discourses involved in the successful moves to change copyright legislation in Australia to include computer programs. The actions of multinational corporations and the lobby organizations representing their interests are examined in the context of events leading up to the 1984 amendments to the Copyright Act. A number of primary materials are used, including discussion papers, submissions to and transcripts of a government‐sponsored national symposium, and the correspondence of industry representatives. The effects of globalization and international influences such as the Berne Convention are also discussed.
The Right to a Family Environment for “Children Living in Exceptionally Difficult Conditions”
Authors: MELTON GARY B.
Published: January 2008

Building on earlier, non‐binding international instruments, the Convention on the Rights of the Child provides a right to a family environment for children in general, but it also elaborates this right in a variety of contexts in which children are in especially difficult conditions. These provisions are legally binding in the scores of countries that have ratified the Convention. Such provisions are also illustrative of the Convention's conceptual coherence and comprehensiveness, its broad “constitutional” language, and its establishment of structures for monitoring and implementation.
Combatting Child Sexual Maltreatment: Advances and Obstacles in International Progress*
Authors: LEVESQUE ROGER J.R.
Published: January 2008

Child sexual maltreatment now violates international law. This is an incredible development. International law no longer limits itself to sex crimes that have explicit international dimensions, such as child abduction, child trafficking, and sex tourism. International law now aims to halt practices that are more clearly domestic. These practices include Western conceptions of “child sexual abuse” such as incest and child rape. More controversially, prohibited practices also include those that large segments of certain societies may view as normal and even necessary to proper socialization, such as child marriages and gender‐related rituals. This article explores these developments and highlights obstacles that may be encountered in attempts to protect children from sexual maltreatment.
Changes in Juvenile Waiver and Transfer Provisions: Projecting the Impact in Florida*
Authors: LANZA‐KADUCE LONN , BISHOP DONNA M. , FRAZIER CHARLES E. , WINNER LAWRENCE
Published: January 2008

In 1994, Florida made three changes to its law that expanded its ability to transfer or waive juvenile offenders into adult court. This study demonstrates what would have happened to a random sample of 1993 cases had the new provisions been in effect. Florida's new provisions may double the number of cases coming to adult court and will have an impact on both the juvenile and adult systems. Both a new mandatory direct file provision and a new presumptive judicial waiver provision are likely to have greater impact than is a change that expands discretionary direct filing to fourteen‐ and fifteen‐year‐old offenders. Both the mandatory and presumptive provisions are triggered by prior record information rather than current offense factors. The implications of the changes for juvenile justice philosophy and juvenile court are discussed.
Development, Cultural Forces, and Women's Achievements in Africa*
Authors: NNAEMEKA OBIOMA
Published: January 2008

Based on the premise that cultural forces are at work in positively determining and sustaining the development process, this paper seeks to delineate the nature, dynamics and modalities of these forces and in so doing interrogate the tendency in development studies to dismiss culture as either a neutral factor or an impediment to the development process. The paper argues that the nonrecogni‐tion and dismissal of cultural forces as positive elements in development limit proper and meaningful articulations of project design in the same way that disciplinary limitations in the definition and articulation of notions such as “development,”“achievement,” and “progress” preempt proper and full accounting of African women's achievements. In grounding its arguments, the paper draws from the insightful elaboration of the behavioral aspect of cultural forces as contained in research on the economic psychology of African ethnic groups but goes further to focus on the structural and institutionalized aspects in the form of indigenous women's associations. Ultimately, by focusing attention on the cultural imperatives that guarantee successes in the development enterprise, the paper argues for a reimagining of social change (in theory and practice) not so much in terms of introducing and establishing new paradigms and structures but in terms of the intelligent refashioning of old structures to respond to new ideas and chart new directions. Although the paper focuses on African women and programs in Africa, the fundamental argument that undergirds it has a wider and more global application and relevance.
In a “Fragile Space”: Sexual Harassment and the Construction of Indian Feminism*
Authors: SUNDER MADHAVI
Published: January 2008

Tracking the feminist legal reform movement in India from its initial focus on rape in the late 1970s to recent efforts to address sexual harassment, the author chronicles Indian feminists' struggle to develop indigenously authentic approaches to modernity and development through law. The author explicates sexual harassment in India as a crime related to women's everyday struggle to challenge traditional boundaries and reformulate identities: Sexual violence is often used to thwart these challenges and lock Indian women into traditional roles. The resulting “process‐based” Indian analysis of sexual harassment, which departs from traditional victim‐based analyses of the crime in the West, serves as one example of Indian feminists self‐consciously creating a legal reform movement that both engages international dialogue on sexual harassment, and integrates that dialogue with its own particular history to create a distinct legal reform.