This article provides a novel systematic exploration of ways and extents that institutional characteristics shape legitimacy beliefs toward multistakeholder global governance. Multistakeholderism is often argued to offer institutional advantages over intergovernmental multilateralism in handling global problems. This study examines whether, in practice, perceptions of institutional purpose, procedure

Central bank independence (CBI) has been one of the most significant regulatory state developments of the last three decades. Following the 2008 financial crisis, many central bank mandates were extended to include a responsibility for financial stability. Some commentators claim this jeopardizes CBI by drawing central banks into contested political issues that can impact financial stability, in what

This Article offers a history and theory of the law of deplatforming across networks, platforms, and utilities. It shows that the tension between service and exclusion is endemic to common carriers, utilities, and other infrastructural services, including technology platforms, and that the American tradition has favored reasonable deplatforming.

This Article proposes a new framework for children in constitutional law that recognizes children’s rights as developing citizens and parents’ duties to safeguard those rights.?An examination of children’s First Amendment right to access ideas illustrates parents’ duty to ensure children are exposed to information critical to their democratic citizenship.?? ?

This Feature provides the first full-length and most in-depth analysis of practice-based constitutional theories to date. It identifies and examines the primary justifications offered for such theories and shows why they are insufficient, on their own terms, to justify conforming to our social practices.

In?Bearden v. Georgia, the Supreme Court held a defendant cannot be imprisoned for failure to pay a fine they could not afford. Yet, many defendants remain incarcerated because they cannot pay for Electronic Monitoring. This Comment seeks to remedy that disparity by applying?Bearden?to Electronic Monitoring requirements.?

Constitutions have long been understood to empower courts. We argue, however, that constitutions can also be used to de-judicialize politics. We focus on the de-judicialization strategy of adding detailed provisions to U.S. state constitutions, and demonstrate that it has been employed throughout U.S. history and is still in use today.? ?

This Essay draws from on-the-ground interviews and procedural-justice theory to analyze judging practices in debt-collection courts. Current practices undermine courts’ fairness and legitimacy. This Essay argues that courts must prioritize procedural justice by adopting judging practices that consider unrepresented litigants’ circumstances and require a more active judicial role. ?

In?Separation-of-Powers Avoidance, Z. Payvand Ahdout reconceptualizes a bevy of separation-of-powers precedents as judicial avoidance. But one of the cases she cites as a foil—Seila Law LLC v. Consumer Financial Protection Bureau—is a curious fit. The removal cases are tough to categorize in the separation-of-powers corpus. ?

This Essay highlights the continued invisibility of cyber gender abuse. The Supreme Court in?Counterman v. Colorado?regrettably exacerbated this problem. Now is time to reignite the discussion around cyber gender abuse, recognize the profound harms it causes, and pursue a reform agenda to combat it.

To the detriment of liberal democracy, governments have struggled to prevent the exploitation of personal data for voter manipulation in the digital era. Laws pertaining to political microtargeting are often piecemeal and tend to derive from a combination of laws on electoral advertising and privacy. Evidence indicates that this approach is insufficient to curtail microtargeting. However, little is

Why does the International Monetary Fund (IMF) exit its lending relationships before member states have resolved their financial crises? It is particularly surprising given that the IMF often resumes its lending shortly after its withdrawal. We argue that IMF withdrawals are conditioned by global contagion risk. The tension between the IMF's mandate of global financial stability and its limited financial

Like other recent corruption reversals, Percoco was less about statutory text than what the Court deems “normal” politics. As prosecutors take the Court’s suggestions of alternative theories and use a statute it has largely ignored, the Court will have to reconcile its fears of partisan targeting and its textualist commitments.

The ECRA is a major step toward preventing future election subversion. But since states and localities administer elections, its success depends on state compliance. This Essay details how states should update their election codes ahead of the 2024 elections to guarantee that the new law lives up to its promise.

This Essay explores the people’s right to amend state constitutions and threats to that right today. It explains how democratic proportionality review can help courts distinguish unconstitutional infringement of the right from legitimate regulation. More broadly, the Essay considers the distinctive state constitutional architecture that popular amendment illuminates.

Twenty years ago, in?Lawrence v. Texas, the Supreme Court overruled?Bowers v. Hardwick?by correcting?Bowers’s mistaken historical assertions. History, as they say, repeats itself: When a future Court reconsiders?Dobbs v. Jackson Women’s Health Organization, it will find an opinion whose historical errors dwarf those in?Bowers. ?

In?Dobbs, the Court reversed?Roe, interpreting the Fourteenth Amendment by counting states that banned abortion in 1868, an interpretive method popularized in the defense of segregation. This Essay traces the method’s spread, evolution, and justifications through decades of debate about originalism, history and tradition, and “levels of generality.”

By excavating the history around the history-and-tradition test used in Dobbs v. Jackson Women’s Health Organization and the alternative it pushes to the side, this Essay reconsiders the meaning—and plausibility—of neutrality claims turning on the Dobbs Court’s use of history and tradition. ?

Distributive politics—or pork barreling—is prevalent across many political systems. It aims to influence the vote by directing discretionary spending to constituencies and/or groups of voters that are important for their re-election. We term this the objective dimension to pork barreling. However, we argue that for pork barreling to deliver rewards, voters must also be aware that they are gaining a

The article provides a resource-based perspective on the polymorphic regulatory welfare state. It shows regulatory and fiscal tools applied in the UK social security sector place demands on claimants' resources (i.e., possessions, labor and data) and simultaneously alter behavior in relation to these resources. The analysis exposes an operation that generates new and increasing resource pressures for

Liberation theologians advocate for lay interpretation of the Bible in base ecclesial communities. Proponents of democratic constitutionalism should adapt the base-ecclesial-community model to the constitutional context.?By participating in base constitutional?communities, Americans can play a direct role in constitutional interpretation, thereby improving the democratic legitimacy of constitutional

Regulators who aim to reduce administrative burdens often promote trust-based policy instruments, such as legal affidavits or honesty pledges, as substitutes to traditional bureaucratic procedures. However, little is known on how the general public view such instruments, and whether people would actually comply with them, and under what circumstances. Using a series of experimental vignettes, we examine

At the Founding, commanders in chief (CINCs) enjoyed neither sole nor supreme military authority, each military branch having many chief commanders. Thus, most presidential authority over the military stemmed from the rest of Article II, not the CINC Clause.?Consequently, Congress enjoys sweeping authority over the military and its operations. ? ?

In?New York State Rifle & Pistol Ass’n v. Bruen, the Supreme Court announced a novel historical-analogical approach to constitutional decisionmaking. The Court sought to constrain judicial discretion, but?Bruen’s originalism-by-analogy has enabled judicial subjectivity, obfuscation, and unpredictability.?This Article describes?Bruen’s methodology, identifies its challenges, and offers solutions.

Speech can catalyze reform, particularly for marginalized speakers. Yet, criminal law regularly curtails speech rights by regulating access to spaces where speech occurs. This Feature (1) argues that, sometimes, presence in such spaces is the message and (2) proposes a First Amendment defense grounded in communities’ own values. ?

Liberation theologians advocate for lay interpretation of the Bible in base ecclesial communities. Proponents of democratic constitutionalism should adapt the base-ecclesial-community model to the constitutional context.?By participating in base constitutional?communities, Americans can play a direct role in constitutional interpretation, thereby improving the democratic legitimacy of constitutional

This Note traces the separation of powers in U.S. antimonopoly law—a division of authority that arose after the National Industrial Recovery Act failed in 1935 and that the Biden Administration is attempting to reconfigure today. To succeed, a revived antimonopoly presidency must incorporate the lessons of the NIRA’s history.

Mass-tort cases have grown in scale and created escalating resource demands. Enter opaque capital: aggressive financiers who offer attorneys and plaintiffs access to capital. The prospect of leveling the playing field is alluring. But these financiers will never be passive partners. Opaque capital is moving into mass-tort financing to dictate outcomes. ?

Asset recovery is a fundamental principle of anti-corruption law, without which the financial damage from corruption cannot be repaired. Yet recovering assets is notoriously difficult and time-consuming, and the United Nations Convention Against Corruption provides little technical or institutional support to facilitate such returns. To remedy this, we propose the creation of a transnational asset

International law prohibits states from intervening in the internal and external affairs of other states, but only if the method of intervention is coercive. This Article argues that coercion can be understood in two different ways or models. First, as coercion-as-extortion, a demand coupled with a threat of harm or the infliction of harm, done to extract some kind of concession from the victim state—in

There has long been a perceived tension between abolition and prison-conditions litigation. This piece offers a path forward for such litigation that is consistent with abolitionist goals. Drawing from experience with Texas state prisons, the piece proposes a framework for litigating prison understaffing that advances the project of abolition.? ?

Modern welfare states struggle with fragmented policies and siloed governments, as well as with the need to deal with wicked problems. We argue that addressing such problems from the perspective of central government can be facilitated by notions of joined-up government that, combined with vertical aspects of modern governance, provide a basis for analysis. To embark upon such challenges, we examine

Policies regulating individuals convicted of sexual offenses (ICSOs) are widely supported, despite little empirical evidence that they promote public safety. While research suggests this support is...

In the current study, I integrate the focal concerns perspective, rape myths, and intersectionality to propose a theoretical framework through which rape myths contribute to racial disparities in c...

Despite advances in police practices, national case clearance rates of violent crimes are at an all-time low. One recent trend in American policing involves the rapid deployment of various technolo...

Throughout the past decades, the EU's agency landscape has continuously expanded in size and scope. In this article, we address the lack of longitudinal data on EU agencies' formal independence. We introduce a newly revised index to measure the formal independence of EU agencies from other EU institutions over time. Applying a rules-as-data approach we coded 206 regulations and amendments to develop

This study focuses on gender disparities in defiance prison -infractions—an understudied and highly discretionary type of rule violation—which have important implications for individuals’ prison ex...

This paper contributes to ongoing scholarly debates on the merits and limitations of computational legal text analysis by reflecting on the results of a research project documenting exceptional COVID-19 management measures in Europe. The variety of exceptional measures adopted in countries characterized by different legal systems and natural languages, as well as the rapid evolution of such measures

OBJECTIVE Compared with other jobs, the law enforcement profession is a high-stakes occupation that has the potential to greatly impact public safety, and officers must face daily dangers not experienced in other professions. Previous research indicates that many law enforcement officers exhibit varying degrees of psychopathic traits, which suggests that it may be useful to examine police officer performance

OBJECTIVE Posttraumatic stress disorder (PTSD) is positively associated with involvement in the criminal justice system among veterans. Research that examines whether this association is confounded by risk factors ("criminogenic needs") from the risk-need-responsivity model of correctional rehabilitation can inform risk management with this population. HYPOTHESES We hypothesized that (a) veterans with

OBJECTIVE Traumatic brain injury (TBI) is a significant public health concern and has implications for people directly impacted by the criminal legal system during arrest, conviction, incarceration, and community supervision. This meta-analysis estimated the lifetime prevalence of TBI among people supervised by the criminal legal system across settings. HYPOTHESES Building on previous research, we

Delays at court are an everlasting and potentially consequential reality of criminal justice systems, although most would agree that the timely adjudication of cases is needed from both administrat...

Research has explored the effects of various state-level characteristics, such as racial composition and economic conditions, on correctional budgetary decisions. However, researchers have yet to c...

Blockchain is employed as a technology holding a solutionist promise, while at the same time, it is hard for the promissory blockchain applications to become realized. Not only is the blockchain protocol itself not foolproof, but when we move from “blockchain in general” to “blockchain in particular,” we see that new governance structures and ways of collaborating need to be developed to make blockchain

The national quality framework (NQF) has been implemented to improve the safety and quality of alcohol and other drug (AOD) treatment and provide a nationally consistent approach to treatment quality in Australia. At the same time, concerns have been raised that, in the absence of appropriate regulatory structures to support the NQF, the quality and safety of AOD treatment services cannot be guaranteed

Scholarly evidence of transparency's beneficial effects on trust and perceptions of corruption remains debated and confined to the study of public administration. We contribute to this debate by extending the study of its effects to transparency legislation concerning members of parliament (MPs), political parties, and business interest groups. In an online experiment conducted in Ireland with 1373

Practices of stakeholder engagement vary widely across voluntary sustainability standard setters. This study examines how the sponsorship structure of standard setters affects the diversity of stakeholders included in consultations and the influence of stakeholder input on standards. I compare six sustainability standard setters through an original dataset of 7945 stakeholder comments submitted during

Abstract Judges receive limited information on how their sentencing practices contribute to inter-judge sentencing disparities which can undermine equity and the perceptions of legitimacy. We use doubly robust, internal benchmarking to measure the effect of each judge on sentencing outcomes relative to a set of cases that are handled by the judge’s peers and that are statistically similar on all observable

Abstract Previous research suggests that American drug sentiment is becoming more liberal. However, the absence of a reliable and valid over time measure limits our understanding of changes in drug attitudes. This project utilizes the dyad ratios algorithm and 298 administrations of 66 unique survey indicators to develop a measure of public mood toward drugs from 1969 to 2021. I find that drug mood

What explains the levels and diversity of stakeholder participation in public commenting on bureaucratic policymaking? We examine a novel dataset on a stakeholder engagement mechanism recently introduced by the European Commission containing information about 1258 events organized between 2016 and 2019. We highlight the importance of administrative acts' characteristics and acknowledge the role of

OBJECTIVE Risk assessment is essential to effective correctional practice. For individuals with contact sexual offenses, many risk tools are available. There are fewer options, however, for individuals whose sexual offending exclusively involves child sexual exploitation materials (CSEM; legally referred to in Canada and the United States as child pornography). HYPOTHESES The present study examined

In its 20?years of operation, the?Carbon Disclosure Project (CDP) has been enormously successful as a private governor of corporate climate risk disclosure. Despite an influx of potentially competitive government-led disclosure initiatives and interventions, the use of CDP's platform has nonetheless accelerated. To explain this outcome, we argue that public interventions augment the value of private

OBJECTIVE We explored whether an educational forensic science informational (FSI) video either alone or with specialized jury instructions would assist mock jurors in evaluating forensic expert testimony. HYPOTHESES We predicted that the FSI video would help participants distinguish between low-quality and high-quality testimony, evidenced by lower ratings of the testimony and the expert when the testimonial

Abstract What happens to the gang ties of people when they leave prison and return to the community? There is much speculation but little empirical research concerning carceral gang spillover, which refers to the reproduction of prison gang associations, identities, politics, and structures in communities. This study examined continuity and change in gang embeddedness in a representative sample of

Abstract Following a recent study of disparities in solitary confinement (SC) placements in Florida, we examined related dis-parities in the use of extended restrictive housing in Ohio (SC conditions) while expanding the analysis to short term restrictive housing, a substantially more common prison experience. Analyses of 183,872 incarcerated persons (IPs) revealed substantive disparities in prevalence

Abstract Although the typical end goal of an online grooming event is to lure a minor into performing sexual activity (either online or offline), no previous study has examined the relevance of targets’ sexual knowledge on the progression of these events. To address this gap, we deployed two honeypot chatbots which simulated young female users in a sample of twenty-three online chatrooms, over a period

This article takes an actor-centered and bottom-up perspective to analyze how private companies shape public responses to migration in Europe. It builds on ethnographic research with top managers and civil servants involved in visa policy, asylum reception, and immigration detention. Drawing on organizational theories about decisions and change, I analyze empirical evidence to put forward processes

Over the last decade, there has been increased interest in understanding the design (i.e., content) of regulation as a basis for studying regulation formation, implementation, and outcomes. Within this line of research, scholars have been particularly interested in investigating regulatory dynamics relating to features and patterns of regulatory text and have engaged a variety of methodological approaches

OBJECTIVE The risk of mistaken identification for innocent suspects in lineups can be estimated by correcting the overall error rate by the number of people in the lineup. We compared this nominal size correction to a new effective size correction, which adjusts the error rate for the number of plausible lineup members. HYPOTHESES We hypothesized that (a) increasing lineup bias would increase misidentifications

Abstract Criminologists are increasingly interested in narrative mechanisms of desistance, and a growing body of research shows that many justice-involved individuals draw on religion in constructing desisting identities. However, evidence is mixed on precisely how religion operates in desistance narratives. Analyzing 48 in-depth interviews with formerly incarcerated women in St. Louis, Missouri, USA