When are organizations punished for organizational misconduct? A review and research agenda

Scholars have highlighted the use of punishment as a tool to defend laws and norms, deter deviance, and restore justice in the aftermath of organizational misconduct. However, current theory and research primarily draw on a micro-oriented lens to understand how punishment occurs in response to deviant actors within organizations, neglecting macro-oriented questions of whether and how organizations are punished for their misconduct. We review sociological and macro-organizational work that suggests punitive severity can vary with three key attributes of the organization: status, reputation, and embedded ties. We then develop a mezzo-lens framework motivated at the intersection of micro- and macro-perspectives on organizational misconduct to shed light on opportunities for theoretical expansion by crossing levels of analysis.     

The rise of Trump and an agenda for regulatory reform

The arrival of Trump in the White House does not augur well for the long-run prospects of the US economy. The protectionism that is gathering steam under his presidency may yield some short-term gains, but at the detriment of the long-run. Examining the discontent among ordinary voters that brought Trump to power, this paper argues that this should be treated as an opportunity for a major regulatory reform. With the advance of digital technology, we have increasing returns to scale, and that, in turn, is making our antitrust laws backfire and hurt the well-being of ordinary people, thereby sowing discontent. The paper builds a simple model to illustrate this and makes the case for revoking the older antitrust laws and replacing them with some simple profit-sharing rules at the level of the firm, and the economy.     

Strong law of large numbers and complete convergence for non-identically distributed WOD random variables

In this paper, we establish the strong law of large numbers and complete convergence for non-identically distributed WOD random variables. We derive some new inequalities of Fuk–Nagaev type for the sums of non-identically distributed WD random variables. All these results further extend and refine previous ones.     

基因编辑技术背后的伦理与人权

当前基因编辑技术发展迅速,引起各国政府、学术界和企业界的广泛关注。但从近期“基因编辑婴儿”事件来看,基因编辑技术的伦理问题仍须厘清,我国现行法律尚不完善。通过保护基因编辑婴儿隐私、切实发挥伦理委员会作用、加快相关立法工作,我们或可更好地解决基因编辑技术背后的伦理和人权问题。     

环境保护行政执法与刑事司法衔接机制的构建

随着生态文明建设的深入推进，积极推动环境保护行政执法与刑事司法的有效衔接，有利于发挥刑事司法对环境法益的保护功能，推动生态文明和美丽中国建设。目前，我国环境保护行政执法与刑事司法衔接存在案件移送率较低、案件移送标准不明确、证据转换比较困难、检测鉴定难度大、网络信息共享平台不顺畅等问题。为了进一步完善环境保护行政执法与刑事司法衔接机制，当前应积极推进五项工作：构建考核评价机制，确保案件积极移送；制定案件移送标准，提高案例移送受理率；明确证据转换规则，提高证据采信度；健全检测鉴定机制，确保鉴定意见可信度；构建网络信息共享平台，推动信息资源共享。     

论政府权力清单的合法性审查

根据《指导意见》，推行权力清单制度，应该“抓好清权、减权、制权、晒权等主要环节”，对清理后保留的职权“应该逐条逐项进行合法性、合理性和必要性审查”。然而，政府权力清单编制中存在“权力”归属判断失当、“权力”范围过度扩张与权力清单的功能定位偏离等问题。权力清单的法律边界包括形式上权力依据的有效性与实质上权力转化的合理性两个层面，通过运用合法性控制手段保证政府权力清单的形式要求与实质标准相互统一，有利于实现权力清单的规则之治。权力清单基准法是权力清单中“权力”来源的合法性基础，权力清单编制包括清单基准法清理与权力分类合成两个阶段，只有完成权力清单基准法的合法性审查，才能依据权力清单基准法对行政权力进行清理、分类、汇集与合法性审查。建议分别从审查主体、审查内容、审查方式、审查程序四个层次构建权力清单基准法的合法性审查机制，间接实现对政府编制权力清单的立法规制。     

Portrayals of the internal God among Ashkenazi Jewish Orthodox lesbians in Israel

Abstract

Most of the existing literature on Ashkenazi Orthodox Jewish lesbians focuses on sociological aspects, mainly the negative attitudes held by religious communities towards their sexual identity and the various problems that arise from these. Less attention has been paid to lesbians’ psychological coping mechanisms with the tensions between their two central identities: the religious and the sexual. Ashkenazi Orthodox lesbians find themselves in a complicated situation where they remain on the margins of both their “natural” communities: the religious one and the homosexual one. As a result, they feel rejected, isolated, and even punished by society. As believers, God is their ultimate refuge. But there are different conceptions of God, ranging from benevolent to persecutory, accepting or highly judgmental and punishing. This variance has not been considered in regard to the dual identity of Ashkenazi Orthodox lesbians. This article focuses on this neglected issue, examining Ashkenazi Orthodox lesbians’ conception of God and its relation to their managing the conflict between their apparently conflicting identities.     

“人类命运共同体”语境下国际法价值理性的增进

国际法在长期的实践当中存在着价值理性弱化的困境，价值理性的趋弱使得国际社会忽视国际法在国际治理中的地位，人类命运共同体理念的出世为国际法价值理性的增进带来曙光。当前人类命运共同体理念已初具影响力，国内政策报告已有初步的系统阐述，该理念在联合国决议中多次出现，表明人类命运共同体在为国际法提供"价值指向"方面有极大的发展潜力。人类命运共同体语言系统中的诸多表述对于国际法价值理性的增进皆有启示意义，从内部形态塑造来看，该理念对于"善治"价值中的"合法性""善意遵守"皆有指导性的表述，从外部环境改良来看，该理念可与"合作"价值下的风险防范、角色定位两方面相联结。为确立具备可操作性的国际法价值理性增进路径，中国、国际组织乃至全球国家都需要扮演好相应的角色，为在人类命运共同体指引下增进国际法的价值理性而努力。     

Parenting Disputes After Separation and Divorce: Who Needs a Family Lawyer?

Australia's family law system continues to be plagued by serious delays. This article acknowledges the need for legal interventions in post‐separation parenting disputes in which individuals may be at risk, or in cases of genuine emergency. The article next contrasts cases involving significant risk or urgency with the many ‘ordinary’ (even if sometimes complex) post‐separation disputes over parenting in which these circumstances are not present. I argue that in such cases, legal advice, legally informed dispute processes, and court hearings are remnants from earlier attitudes to separation and divorce. These interventions are expensive, frequently destructive of ongoing parental relationships, and at their heart, inappropriate for considering the needs of children. They also divert time and resources from the critical investigative and legal decision‐making processes needed in urgent or risk‐related cases. I propose that legal narratives in ‘ordinary’ post‐separation parenting disputes be replaced by narratives focused on the main drivers of these disputes, which are invariably expressed in terms of relationship difficulties. Such narratives are amenable to facilitative, therapeutic, and systemic interventions aimed at achieving self‐determined resolutions. They contrast markedly with narratives reflecting common law notion of normative resolutions derived from the application of legal precedent. Key issues in the first section of the article are then teased out via the reflections of an imaginary separated parent in an ‘ordinary,’ albeit difficult and emotionally intense, dispute about how to care for the children. In the final section, I offer brief clinical and systemic reflections on past practice and on future narratives focused on individual self‐determination.     

Farmers’ Risk‐Based Decision Making Under Pervasive Uncertainty: Cognitive Thresholds and Hazy Hedging

Researchers in judgment and decision making have long debunked the idea that we are economically rational optimizers. However, problematic assumptions of rationality remain common in studies of agricultural economics and climate change adaptation, especially those that involve quantitative models. Recent movement toward more complex agent‐based modeling provides an opportunity to reconsider the empirical basis for farmer decision making. Here, we reconceptualize farmer decision making from the ground up, using an in situ mental models approach to analyze weather and climate risk management. We assess how large‐scale commercial grain farmers in South Africa (n = 90) coordinate decisions about weather, climate variability, and climate change with those around other environmental, agronomic, economic, political, and personal risks that they manage every day. Contrary to common simplifying assumptions, we show that these farmers tend to satisfice rather than optimize as they face intractable and multifaceted uncertainty; they make imperfect use of limited information; they are differently averse to different risks; they make decisions on multiple time horizons; they are cautious in responding to changing conditions; and their diverse risk perceptions contribute to important differences in individual behaviors. We find that they use two important nonoptimizing strategies, which we call cognitive thresholds and hazy hedging, to make practical decisions under pervasive uncertainty. These strategies, evident in farmers' simultaneous use of conservation agriculture and livestock to manage weather risks, are the messy in situ performance of naturalistic decision‐making techniques. These results may inform continued research on such behavioral tendencies in narrower lab‐ and modeling‐based studies.