Conflicts of Interest The author declares no conflicts of interest.

Adopted in 2024, the EU Corporate Sustainability Due Diligence Directive (EUCS3D, alternatively EUCSDDD) instructs member states to regulate human rights and environmental due diligence across business operations and their global value chains. Businesses started to familiarize themselves with the new directive to develop future compliance strategies. Despite its importance, the familiarization process

In various regulatory settings, firms receive feedback (i.e., firm‐specific private advice) from authorities on how to improve compliance. Although the literature sheds light on the authorities' decision of when to provide feedback, less is known about firms' decisions on how to respond. Building on research on compliance and regulation, we expect a higher level of responsiveness to feedback when the

From 1919 to 1969, the Offices of the Legislative Counsel in the Senate and House drafted precedential opinions to advise lawmakers on constitutional and subconstitutional questions. This Article lifts the curtain on this institution, revealing a hidden system that worked to reify congressional power and stymie a rising juristocracy.

This Article introduces “antiracist expert evidence,” an underutilized tool to prove racism in court. Based on a nationwide survey of defense attorneys, it explores the evidence’s utility, identifies barriers to use, and offers strategies to overcome them, aiming to begin to level the evidentiary playing field for criminal defendants.

Prevailing constitutional interpretation sees Congress’s role as legislative, but members of Congress frequently exert nonlegislative influence on agencies by intervening directly on individual claimants’ behalf. This Feature provides an empirical portrait of congressional intervention in veterans’ appeals through internal administrative data and discusses its implications for constitutional and administrative

Civil asset forfeiture was once a law-enforcement tool. Today, however, police and prosecutors use forfeiture to fundraise, not to fight crime. This Note challenges the constitutionality of these profit-motivated government confiscations. It argues that these “contemporary civil forfeitures” are not forfeitures at all—they are compensable takings.

Even if member states formally comply with EU law, the ‘ideal type’ of literal compliance, where EU rules are compliantly transposed without customizing their density or restrictiveness, is both rare and improbable. Why do EU member states engage in literal compliance in the ‘least likely’ case of the EU's Fiscal Compact, where customized transposition is crucial for member states to ‘regain control’

This paper assesses what type of comments are most useful to what type of stakeholder in gaining influence during public consultations. Theoretically, the paper approaches stakeholders' consultation comments as reputational threats from key audiences that the agency needs to respond to. Different types of threats are expected to carry different weights depending on the type of stakeholders. The analysis

This study investigates the impact of selective good corporate governance practices on the development of mandatory whistleblower protection policies in corporations. Using a coding instrument aligned with legislative requirements, we analyzed 66 whistleblower policies to assess their comprehensiveness and alignment with best practices. The findings reveal that, except for executive gender diversity

Global challenges such as climate change demand transnational responses, including from legal clinics. Building on earlier community legal clinic and international human rights clinic models, transnational legal clinics combine the objectives of legal clinics with the framework of transnational law to work across domestic and international planes. This article focuses on a Canadian–Peruvian legal clinic

The European Commission's decision to expand its 2014 Regulation on electronic identification and trust services toward wallet‐based digital identities marked a significant shift in the governance of users' digital identities. The intersection between private digital services, public prerogatives, and individual self‐determination raises questions of data governance, notably power conflicts over control

Conflicts of Interest The author declares no conflicts of interest.

Amid the COVID‐19 Pandemic, many countries worldwide have resorted to social distancing to maintain a certain physical distance to avoid direct contact between people. Despite the abundant literature on social distancing, how this mode of direct state intervention, which inevitably requires a lot of regulatory resources, was implemented has been a rare source of scientific inquiry. This paper attempts

OBJECTIVE Building on recent suggestions that there are, thus far, unnoticed levels of increased polarization and decreased perceived legitimacy of the judiciary within the Netherlands, we studied the experiences of self-represented litigants in early stages of Dutch small claims procedures. Our objective was to assess by means of qualitative interviews (a) whether litigants would mention experiences

OBJECTIVE We developed and tested a chatbot for reporting information to police. We examined how chatbot communication styles impacted three outcomes: (a) report accuracy, (b) willingness to provide contact information, and (c) user trust in the chatbot system. HYPOTHESES In police-citizen interactions, people respond more positively when police officers use a combination of power and solidarity in

Regulatory review—assessing the legality, use of evidence, and correct calculation of costs and benefits in regulations before they are enacted—is a core function of regulatory oversight bodies. In principle, reviewing aims to improve the effectiveness of regulations through economic rationality, tools, and methods. In practice, the work of oversight bodies occurs amid the politics of the rulemaking

OBJECTIVE The complexity of tax laws makes manual preparation difficult, leading more taxpayers to use software or accountants. This study presents an experimental analysis comparing taxpayer perceptions of trust and procedural justice when filing with tax experts versus using tax software. The study addressed four questions: (1) How do perceptions of human tax experts compare to tax software? (2)

Companies increasingly adopt internal norms to enhance compliance with legal rules. However, the rapid growth in volume and complexity of such internal rules may obstruct employee knowledge and understanding of such internal rules, and therefore also their compliance. The present study seeks to understand whether shorter and more accessible formats of internal company norms will yield better knowledge

OBJECTIVE Beyond traditional in-person meetings, contemporary juvenile probation officers (JPOs) leverage modern technology to interact with youth via videoconferencing, phone calls, and text messaging. It is plausible that youth feel more-or less-supported by JPOs depending on the format of their interactions. Simultaneously, the procedural justice literature suggests that the quality of JPOs' interactions

COVID‐19 amplified the issue of public resistance to government vaccination programs. Little attention has focused on people's moral reasons for noncompliance, which differ from—but often build upon—the epistemic claims they make about vaccine safety and efficacy, disease severity, and the trustworthiness of government. This study explores the drivers of noncompliance with the COVID‐19 vaccination

OBJECTIVE We examined the evolution of statistical reporting practices within forensic psychology across two decades (2000-2020) to assess their adherence to recommended best practices. METHOD We conducted a comprehensive analysis of articles published in six prominent forensic psychology journals, including every empirical article published in each journal in 2000, 2005, 2010, 2015, and 2020 (N =

We perform bibliometric analysis on documents for 255 Regulatory Impact Analyzes (RIAs) prepared by the US Environmental Protection Agency (EPA) from 1980 through 2024. Using a series of automated information extraction methods, we extract references from these documents and match them to bibliographic records. We then build a database of relevant articles (whether cited in an RIA or not) and fit a

After several decades, the Supreme Court has revised its interpretation of employment-discrimination law requiring religious accommodations, creating waves of new litigation. Latent in the doctrine, principles of nondisparagement, reciprocity, and proportionality can guide courts in resolving these claims while also anchoring nonjudicial strategies to protect employees’ basic rights.

Using new archival research, this Article argues that notice-and-comment rulemaking emerged from a series of American transplantations of English rulemaking procedures. Yet, as this Article emphasizes, during the 1930s and 1940s Americans only partially adopted the English framework. The rejection of laying procedures implicates the legitimacy of our rulemaking system.

This Feature revisits the widely held assumption that pharma needs patents to sustain innovation. By analyzing the information goods underlying drugs, this Feature demonstrates that innovation in this sector can proceed without patents. Replacing patents with a tailored form of regulatory exclusivity would reap large gains in social welfare.

Textualists have yet to explain how to interpret codified positive-law text, which is revised by bureaucrats then enacted by Congress, where it differs from original text. This Note’s proposed solution is the “two texts canon.” When applied to Section 1983, the two texts canon demands that qualified immunity be abolished.

After the Supreme Court’s decision in Regents, courts have intensified their scrutiny of agency reversals that upset the expectations of regulatory beneficiaries. This Note defends that development and situates it within an underexplored history of courts calibrating the stringency of their review of agency action to distributional concerns.

OBJECTIVE This research examined how the cost of incarceration to the state and type of offense affect public support for different levels of sentence reductions (10%, 25%, 50%) via policies called "second chance" mechanisms that reduce incarcerated populations as well as whether political ideology or affiliation predicts such support. HYPOTHESES (a) Across different levels of sentence reductions,

Recent literature calls for scholars to bridge the divide that has emerged between criminology and regulation and governance. In the current work, we propose that criminological opportunity theories provide one fruitful pathway to that end. Specifically, we introduce the notion of regulatory guardianship based on the concepts of guardians, guardian capability, and guardian willingness to intervene

“Democracy’s Distrust” explores how the Supreme Court has eroded voting rights and weakened democracy. It argues that the Court prioritizes candidates and legislatures over voters, fostering public distrust. The Essay examines historical and contemporary cases, highlighting the need for legislative reforms and civic action to protect democracy.  

OBJECTIVE To inform policies and practices that reflect the values and expectations of the communities that judges serve, we fielded a national survey of public perceptions regarding judicial roles and factors that could be considered in decision making. HYPOTHESES We had four questions: (1) What is public opinion on the importance of various judicial roles and considerations? (2) Can distinct groups

Assigning the preparation of decisions to specialized committees composed of member state representatives is a widespread response to the ‘governor's dilemma’, that is, the tension between competence and control, in international organizations (IOs). We theorize a causal mechanism referring to self‐selection and agenda‐setting effects and show how the resulting division of labor among IO bodies produces

Emerging technologies pose many new challenges for regulation and governance on a global scale. With the advent of distributed communication networks like the Internet and decentralized ledger technologies like blockchain, new platforms emerged, disrupting existing power dynamics and bringing about new claims of sovereignty from the private sector. This special issue addresses a gap in the literature

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Although political economy (PE) has long engaged with environmental issues, climate change has remained at the margins of the field until very recently. This article argues that fully addressing the transformative challenges brought up by climate change requires a fundamental rethinking of core PE concepts related to the state, distributional struggles, economic growth, varieties of capitalism, and

Catalyzed by the surge in climate litigation worldwide, this article examines the tension between the moral imperatives of intergenerational justice and the operational constraints of positivist legal frameworks. It hypothesizes that while positivist doctrine prima facie challenges judicial application of intergenerational justice principles, reconciliation is possible through contextually attuned

New governance models increasingly employ self‐regulation tools like pledges and nudges to achieve regulatory compliance. These approaches premise that voluntary compliance emerges from intrinsic motivation to cooperate rather than coercive measures. Central to their success is trust—both in government institutions and among citizens. However, rising societal polarization raises critical questions

Skills formation is a pressing issue for middle‐income countries given the pace of technological change. In Latin America, scholars point to the hierarchical type of capitalism and its segmentalist skills formation system as the main roadblocks to exiting the middle‐income trap. Yet we contend that focusing on national models of capitalism is limited because they do not explain within‐country variations

Given the ongoing climate crisis, the frequency and severity of natural disasters are increasing. These events result in enormous reconstruction costs, pose a high burden on state budgets, and potentially drive homeowners into private insolvency. One policy instrument for collectively covering such costs is a compulsory insurance scheme for natural hazards. As the impact of natural disasters is uneven

OBJECTIVE The Alford plea allows defendants to maintain innocence while pleading guilty, but this option is largely unknown to the public, and its effects are unknown to researchers and practitioners. Some legal scholars have argued that the Alford plea may attract innocent defendants who may not otherwise accept a plea, whereas others have asserted that it offers a beneficial alternative for those

The United States has criminalized cannabis since 1970. In response to pleas for reform and widespread state cannabis legalization, the federal government recently initiated rulemaking to reschedule cannabis. This Essay argues that the federal government should abandon its legally problematic rescheduling proposal and, instead, decriminalize and deregulate cannabis.  

Ifetayo Harvey explores the foremost drug reform issues by giving a broad overview of the Essays in this Collection. Harvey uses Oregon’s Measure 110 as an example of drug reform’s challenges when implemented on a state level. The piece concludes with guidance on how advocates can improve future drug reforms.  

Congress split drug scheduling authority between the Department of Health and Human Services and the Drug Enforcement Administration. However, this statutory separation of powers has collapsed, producing unscientific outcomes that undermine the CSA text, purpose, and history. Congress, courts, agencies, and the President can shift drug scheduling back on track.  

Through an institutional theory lens, this Essay examines how the family policing system’s historical emphasis on punishment and surveillance resists even well-intentioned legislative changes. Despite the inclusion of family-centered services in recent legislation, implementation barriers and institutional inertia within family policing agencies perpetuate default practices of policing and removal

OBJECTIVE We replicated research by ten Brinke and Porter (2012), who reported that a combination of four behavioral cues (word count, tentative words, upper face surprise, lower face happiness) could accurately discriminate deceptive murderers from genuinely distressed individuals, pleading for the return of a missing relative. HYPOTHESES We hypothesized that each of the four behavioral cues identified

OBJECTIVE We examined whether U.S. college students across multiple disability types were at an increased risk for sexual victimization (compared with students without disability) and whether disability type or registration with the accessibility office was associated with odds of reporting sexual victimization experiences to any campus-designated program/resource. HYPOTHESES We predicted (a) students

OBJECTIVE Question-type classification is widely used as a measure of interview quality. However, question-type coding is a time-consuming process when performed by manual coders. Reliable automated question-type coding approaches would facilitate the assessment of the quality of forensic interviews and court testimony involving victims of child abuse. HYPOTHESES We expected that the reliability achieved

This paper proposes a transdisciplinary approach to design future degrowth‐oriented industrial policies in pursuing a well‐being economy in the case of a specific growth model. Specifically, we show that the case of the Visegrad countries (Czechia, Hungary, Poland and Slovakia, V4s) is a clarion call for the degrowth literature to be much more modest and self‐critical. It addresses the puzzling question

This Essay argues that technological and procedural legal interoperability—that is, widespread consistency in legal technology design and related processes—can help stakeholders effectively leverage artificial intelligence to maximize access to legal services and fairness of outcomes through self-help options, with traditional legal services, and in the courts.

This Essay examines the legal basis for the requirement that agencies must respond to significant comments they receive during a rulemaking proceeding, the pros and cons of that requirement, and how the requirement fits together with other principles of administrative law, including procedural fairness and standing to sue.

This Essay uses a mixed-methods study to sketch operation of criminal legal systems in several rural counties in central and eastern Washington.  The study reveals how an attorney shortage, along with reliance on local funding of justice system functions, is leaving defendants vulnerable to delays and ineffective assistance of counsel. 

Access to justice in American civil courts won’t come through free or pro bono lawyers. To drive down costs, we need to loosen bar regulation and streamline procedures. And we should embrace technology and AI responsibly to give more people the legal help they need but can’t afford.

Though often framed as a technocratic tool, impact assessment is a core element of the political agenda‐setting process. In this article, we show that decisions about what is subject to legislative debate are made during impact assessment; specifically, during the drafting of the assessment report. Using a social process tracing methodology, we analyze the removal from the agenda of provisions for

How do provisions for administrative sanctioning affect the implementation of loose legal norms? To streamline regulation, governments have increased their penal capacity by authorizing administrative sanctioning, and they have decentralized regulatory responsibility by loosening legal norms. A case study of Norway's animal welfare governance shows how using administrative sanctions to enforce loose

Decarbonization forces societies to cope with the restructuring and outright unwinding of assets, firms, workers, industries, and regions. We argue that this problem has created legitimacy for industrial policies managing the reallocation of resources. We illustrate this dynamic by documenting incremental state‐building in the European Union, an administration institutionally tilted toward regulatory

The crisis of climate change threatens the existence of human civilization. As social scientists, we should be positioned to theorize and study whether or not the existing system of global capitalism can find ways to ameliorate the crisis or is doomed to cause that collapse because of the overwhelming power of dominant economic interests. This paper argues that right now our dominant theories of capitalism

In the past decades, scholars have provided novel insights on the role of media within regulation. Still, this strand of research has received less attention to the networked nature of contemporary regulatory governance. This article studies surrogate inspectorates, who focus on motivating the implementation/enforcement of regulatory rules, often temporary and without formal capacity. Based on a quantitative

The international community has consistently emphasized the importance of protecting the Amazon rainforest as a global carbon reservoir and climate regulator. Basin states have historically responded by rejecting the ‘internationalization of the Amazon’, arguing that they have sovereign rights to exploit the area under their own development plans. By reaffirming their sovereignty rights over international

Upper‐middle‐income economies face a specific set of trade‐offs when reducing carbon emissions, which differ from the trade‐offs faced in low‐ and high‐income economies. To mobilize domestic funds, middle‐income countries are developing carbon markets to attract private sector investment. This study advances a theoretical framework for carbon market development and explores the process in Brazil, Indonesia