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207 result(s) for "Selective enforcement"
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The Desirability of forgiveness in regulatory enforcement
I present a model that explains two common features of regulatory enforcement: selective forgiveness of noncompliance, and the collection of information on a firm’s compliance activities and not just its compliance status. I show that forgiving noncompliance is optimal if the information on a firm’s compliance activities constitutes sufficiently strong evidence of the firm having exerted a high level of compliance effort. The key benefit of forgiving noncompliance is a reduction in the probability with which the firm needs to be monitored.
Breaking the Cycles of Hatred
Violence so often begets violence. Victims respond with revenge only to inspire seemingly endless cycles of retaliation. Conflicts between nations, between ethnic groups, between strangers, and between family members differ in so many ways and yet often share this dynamic. In this powerful and timely book Martha Minow and others ask: What explains these cycles and what can break them? What lessons can we draw from one form of violence that might be relevant to other forms? Can legal responses to violence provide accountability but avoid escalating vengeance? If so, what kinds of legal institutions and practices can make a difference? What kinds risk failure? Breaking the Cycles of Hatred represents a unique blend of political and legal theory, one that focuses on the double-edged role of memory in fueling cycles of hatred and maintaining justice and personal integrity. Its centerpiece comprises three penetrating essays by Minow. She argues that innovative legal institutions and practices, such as truth commissions and civil damage actions against groups that sponsor hate, often work better than more conventional criminal proceedings and sanctions. Minow also calls for more sustained attention to the underlying dynamics of violence, the connections between intergroup and intrafamily violence, and the wide range of possible responses to violence beyond criminalization.
Moral Gray Zones
Anyone who has been employed by an organization knows not every official workplace regulation must be followed. When management consistently overlooks such breaches, spaces emerge in which both workers and supervisors engage in officially prohibited, yet tolerated practices--gray zones. When discovered, these transgressions often provoke disapproval; when company materials are diverted in the process, these breaches are quickly labeled theft. Yet, why do gray zones persist and why are they unlikely to disappear? In Moral Gray Zones, Michel Anteby shows how these spaces function as regulating mechanisms within workplaces, fashioning workers' identity and self-esteem while allowing management to maintain control.
Selections before elections: Double standards in implementing election registration procedures in Russia?
For a considerable part of the political opposition in Russia, elections have been something to be watched from the sidelines. While opposition candidates are formally blocked for legal-administrative reasons, they have repeatedly claimed that registration refusals are politically motivated and that election committees apply the law differently depending on the candidates' political affiliation. By analyzing the perceptions of double standards as well as actual enforcement practice and structural incentives, this article identifies the core mechanics of this quasi-legal mechanism of political pre-election filtering in Russian elections.
The Political Effects on Corporate Financial Fraud: Evidence from China
Why does corporate financial fraud in China remain prevalent after the aggressive anti-corruption campaign that began in 2012? To explore this phenomenon, this study examines how the political factors embedded in China’s Regionally Decentralized Authoritarian system affect the commission and detection of financial fraud. Synthesizing the political mechanisms behind regulators’ selective enforcement behavior and managers’ financial fraud activity, I demonstrate that four critical political factors--provincial officials’ factional affiliation and retirement, social unrest, and an industry’s national prominence--affect fraud commission and fraud detection in opposing directions. I employ a bivariate probit model to separately test the political effects on fraud commission and fraud detection. The findings show that regulators reduce enforcement while managers commit more fraud when provincial leaders have a factional affiliation with the national president. On the contrary, regulators strengthen enforcement, and managers commit less fraud when provincial leaders are close to retiring, local social unrest becomes intense, and when firms are in state-supported industries. This study contributes to understanding the political drivers of corruption by offering a framework that combines the mechanisms behind regulators’ enforcement behavior and managers’ misconduct. It also extends the knowledge of the government’s influence on managerial behavior, facilitates the application of the bivariate probit approach in management studies, and provides practical insights for policymakers, investors, and due diligence-based equity research firms in combating financial fraud.
Rethinking Abortion
Mark Graber looks at the history of abortion law in action to argue that the only defensible, constitutional approach to the issue is to afford all women equal choice--abortion should remain legal or bans should be strictly enforced. Steering away from metaphysical critiques of privacy, Graber compares the philosophical, constitutional, and democratic merits of the two systems of abortion regulation witnessed in the twentieth century: pre-Roe v. Wadestatutory prohibitions on abortion andRoe'sban on significant state interference with the market for safe abortion services. He demonstrates that beforeRoe,pro-life measures were selectively and erratically administered, thereby subverting our constitutional commitment to equal justice. Claiming that these measures would be similarly administered if reinstated, the author seeks to increase support for keeping abortion legal, even among those who have reservations about its morality. Abortion should remain legal, Graber argues, because statutory bans on abortion have a history of being enforced in ways that intentionally discriminate against poor persons and persons of color. In the years beforeRoe, the same law enforcement officials who routinely ignored and sometimes assisted those physicians seeking to terminate pregnancies for their private patients too often prevented competent abortionists from offering the same services to the general public. This double standard violated the fundamental human and constitutional right of equal justice under law, a right that remains a major concern of the equal protection clause of the Fourteenth Amendment.
The Mexican Drug War and Early-Life Health: The Impact of Violent Crime on Birth Outcomes
This study examines the relationship between exposure to violent crime in utero and birth weight using longitudinal data from a household survey conducted in Mexico. Controlling for selective migration and fertility, the results suggest that early gestational exposure to the recent escalation of the Mexican Drug War is associated with a substantial decrease in birth weight. This association is especially pronounced among children born to mothers of low socioeconomic status and among children born to mothers who score poorly on a mental health index.
Current Population, Habitat Status and Species of Amphioxus in Dongshan Bay, Fujian Province
Dongshan Bay, along with Xiamen Bay, serves as a significant distribution area for amphioxus in Fujian Province. In this survey, we observed that the sedimentary environment of Dongshan Bay has been seriously silted due to rapid economic development and the thriving aquaculture industry. Consequently, there has been a significant reduction in suitable habitats for amphioxus and a sharp decline in its resource abundance. Totally 9 amphioxuses were collected from its eastern region in 2022 with a population density of 18.75 ind m −2 and a body length from 34.15 to 48.02 mm. The amphioxuses acquired in this investigation were classified as Branchiostoma japonicum based on morphological traits, such as a cuspate rostral fin, measurements of angles between the dorsal and super-caudal fins, angles between the pre-anal and sub-caudal fins, along with an accurate count of pre-anal fin chambers which matched those observed in B. japonicum . Moreover, a molecular barcoding analysis was conducted using a fragment of the mitochondrial COI gene. The results indicated that Branchiostoma sp. from Dongshan Bay in this study belongs to B. japonicum , providing additional support for the morphological identification results. Considering amphioxuses are still surviving in Dongshan Bay despite the destruction of their habitat, it is recommended to implement measures to safeguard their resources and habitats. The measures may include designating protection areas, strengthening law enforcement management to prohibit sand mining, regulating the scale of cage aquaculture, and augmenting wild resources through artificial breeding and release.
DISCOVERING RACIAL DISCRIMINATION BY THE POLICE
For decades, it was virtually impossible for a criminal defendant to challenge racial discrimination by the police or prosecutors. This was because in United States v. Armstrong, 517 U.S. 456 (1996), the Supreme Court set an insurmountable standard for obtaining discovery in support of a selective prosecution claim. Equating the roles of prosecutors and law enforcement officers, lower courts applied this same standard to claims alleging racial discrimination by the police. This high standard led courts to deny discovery and stifle potentially meritorious claims. Recently, criminal defendants have initiated a wave of challenges to \"fake stash house\" operations, in which federal law enforcement agencies like the ATF and the DEA approach people-overwhelmingly people of color-and induce them to rob a nonexistent drug stash house. Defense attorneys have argued that these practices constitute racially selective law enforcement and that Armstrong's strict standard should not apply to the police. Three federal courts of appeals responded by recognizing that the differences between prosecutors and law enforcement officers merit lowering the discovery standard for defendants alleging racial discrimination by the police. This Article is the first to describe and defend this important development in equal protection jurisprudence. We argue that other courts should similarly craft a lower discovery standard. Recognizing that federal courts hear only a fraction of race discrimination claims, this Article embraces the spirit of federalism and proposes an innovative state-level solution: a state court rule lowering the insuperable discovery standard to which most states still cling. This Article draws on a recent Washington state court rule aimed at preventing racial discrimination in jury selection to propose that state courts adopt a similar rule setting a new discovery standard for racially selective law enforcement claims. Such a rule would ensure that state-level equal protection claims are not blocked at the discovery stage, thus enabling courts to adjudicate those claims on the merits.
FROM BORDER CONTROL TO POLICY INNOVATION: RETHINKING IMMIGRATION THROUGH THE SELECTIVE RISK-BASED RESILIENCE FRAMEWORK IN INDONESIA
This article introduces the Selective Risk-Based Resilience (SRBR) framework as a critical and context-sensitive approach to immigration governance in the Global South, with Indonesia, specifically Bali, as a key case. Rooted in theories of biopolitics, securitization, and postcolonial bordering, SRBR explains how the state regulates foreign mobility not merely through legal enforcement but through cultural values, moral narratives, and selective risk classification. Drawing on critical discourse analysis of government documents, media coverage, and interviews with immigration officials, the study uncovers how migration control in Bali operates as a mechanism to maintain institutional legitimacy and cultural identity amid limited administrative capacity. Beyond its theoretical contribution, this study highlights how SRBR can inform more adaptive and locally grounded public policies. It offers practical insights for policymakers to develop selective visa regimes, enhance community-based monitoring, and align immigration governance with public values. In this way, SRBR supports a more balanced model of migration management that respects both national resilience and human security and has the potential to be applicable across the Global South. Keywords: Selective Risk-Based Resilience, SRBR, immigration governance, public policy, administrative reform, human security