Foreign aid and the rule of law: Institutional diffusion versus legal reach

This paper examines the role of bilateral foreign aid in supporting the diffusion and enactment of common models and institutions of the rule of law among aid-recipient low- and middle-income countries. We ask whether aid targeted at security-sector reform and the rule of law influences the adoption of constitutional and legal reforms over time (institutional diffusion), and whether aid also supports more effective implementation of the rule of law, writ large (legal reach). We use event history and fixed-effects panel regression models to examine a sample of 154 countries between 1995 and 2013 to answer these questions. Our findings suggest that aid does increase the likelihood of adopting several rule of law reforms, but its effect on increasing the depth or quality of rule of law over time within countries is much less substantial. These findings suggest that though aid may play a role in supporting the diffusion of models contributing to state isomorphism among countries, it is less effective at increasing the pervasiveness and quality of such model’s implementation. This discrepancy between the effectiveness of bilateral aid in promoting law on the books versus law in action in aid recipient countries calls into question the current approach to rule of law reforms.     

Why privacy keeps dying: the trouble with talk about the end of privacy

It is a curious fact how much talk about privacy is about the end of privacy. We term this ‘privacy endism,’ locating the phenomenon within a broader category of endist thought. We then analyze 101 newspaper articles between 1990 and 2012 that declare the end of privacy. Three findings follow. First, claims about the end of privacy point to an unusually broad range of technological and institutional causes. Privacy has been pronounced defunct for decades, but there has never been a near consensus about its causes. Second, unlike other endist talk (the end of art or history, etc.), privacy endism appears ongoing and not period specific. Finally, our explanation of the persistence and idiosyncrasy of claims to the end of privacy focuses on Warren and Brandeis’s 1890 negative conception of privacy as ‘the right to be let alone’: namely, modern privacy talk has always been endist because the right to privacy was born out of the conditions for its violation, not its realization. The conclusion comments on implications of that basic proposition.     

A Hierarchical Process of Applicant Screening by Korean Employers

Korean employers screen job applicants’ detailed personal backgrounds with the intent to discriminate among them. This study develops a statistical model of employers’ problem in recruiting, and identifies a hierarchical process whereby employers screen applicants’ personal characteristics in the diminishing order of their incremental predictive power or increasing order of their cost. Recognizing that benefit of marginal screening depends on information obtained through inframarginal screening, this study evaluates different elements of screening jointly using conditional count-variable and probability models, in a sample of job application forms of 365 firms. Firms are found to screen applicants systematically, according to the information content versus intrusiveness of marginal factors screened—from applicants’ appearance, through lifestyle and background, to detailed health and financial status. Companies’ working conditions, labor costs and labor-organization rate help explain the extent of companies’ screening. Working hours and mandatory compensation in the relevant market are associated positively, and bonuses and discretionary benefits negatively with the extent of screening, agreeing with theoretical predictions. Worker unionization is associated positively with screening, suggesting that unions may be protecting their membership at the cost of harming non-members and propping up firms’ traditional practices. Results for the occurrence of individual screening questions are also reported.     

Employee privacy and the “theory of the firm”

Bruce Kobayashi and Larry Ribstein apply the “theory of the firm” to worker privacy with specific application to the employer’s ability to monitor employee performance and behavior. They take the theory to drive toward a much reduced role for law in favor of regulation by contract. This essay unpacks their theory. It faults the theory for its failure to come to grips with the possibility of monopsony in the labor market, its failure to appreciate the “public goods” nature of privacy policies and the related assumption that the employer’s ability to adopt and apply privacyinvasive policies is invariably a product of a consensual armslength bargain. This essay is revised and expanded from the author’s Introduction to the 2003 Supplement to Matthew Finkin, Privacy in Employment Law (2d ed. 2003) 2003 Supplement.     

The role of privacy concerns in the sharing economy

Internet-mediated sharing is growing quickly. Millions of users around the world share personal services and possessions with others ? often complete strangers. Shared goods can amount to substantial financial and immaterial value. Despite this, little research has investigated privacy in the sharing economy. To fill this gap, we examine the sharing–privacy nexus by exploring the privacy threats associated with Internet-mediated sharing. Given the popularity of sharing services, users seem quite willing to share goods and services despite the compounded informational and physical privacy threats associated with such sharing. We develop and test a framework for analyzing the effect of privacy concerns on sharing that considers institutional and social privacy threats, trust and social-hedonic as well as monetary motives.     

A characterization of the Walras rule

This paper has three purposes. First, we refine the characterization of the Walras rule proposed by Nagahisa (JET 1991) over a more natural and simple domain than the one he employed. We show that the Walras rule is the only social choice rule defined over the domain and satisfying Individual Rationality, Pareto Efficiency, and Local Independence. Second, assuming endowments to be collectively owned, we show that the Walras rule operated from equal division is the only social choice rule satisfying No Envy, Pareto Efficiency, and Local Independence. Third, we show that for every social choice rule satisfying Individual Rationality and Pareto Efficiency, Local Independence is equivalent to a condition of Nash implementation with a game form satisfying convexity.This article is a revised version of Toyama University Working Paper No. 141. We are grateful to Professors William Thomson, Shinsuke Nakamura, Tomoichi Shinotsuka and two anonymous referees for their detailed comments. Nagahisa is grateful for hospitality of the economics department of the University of Rochester.     

Targeting the reach of educational support interventions in Kenya

The Free Primary Education program introduced in Kenya in 2003 increased primary school attendance rates. However, disparities in primary school education are evident throughout the nation. Using data from the 2003 and 2008–09 Kenya Demographic Health Surveys (KDHS), this study investigates the household characteristics—in addition to poverty—associated with poor school attendance. Using bivariate analysis and logistic regression we confirm that indeed household wealth is a factor in accessing free primary education. Younger children, those living in households headed by a non-biological parent are also less likely to attend school. Moreover households in arid and semi-arid regions of the country—areas characterized by historical socio-economic and political marginalization report significantly low primary school attendance rates. Findings from this study call attention to continued education disparities in spite of the free tuition program. The study further directs policy makers on how best to deploy scarce resources to target households most unable to provide adequate educational supports to children.     

On the Job: White Employers,Workers of Color,and Racial Triangulation Theory

This article offers that Claire Jean Kim's theory of racial triangulation provides an ideal framework to study workers of color, the racialization of their labor and the ways in which actual and potential employers neglect and discriminate against these workers. Specifically, the piece determines that racial triangulation theory bolsters analysis of race‐based power that employers exert in the construction and maintenance of racial inequality in regard to management of labor and employment possibilities for workers of color. A triangulated approach allows for a sharp focus on employer engineered labor market inequality as they oversee, hire, and refuse to be racially inclusive in hiring practices. Most significantly, racial triangulation theory addresses the forces of racial inequity within the meso‐level of U.S. social structure when applied to study of organizational dynamics such as workplaces. I open the article by assaying historical and contemporary studies on workers of color to illustrate white employer domination and the ways in which workers of color are referenced to each other as inferior and superior workers. Subsequently, the article looks to fresh analytical directions in which sociologists can evaluate racism as a triangulated, multidimensional social force in the workplace and other social contexts.