摘要:

This case study focuses on how the Canadian Council of Ministers of the Environment combined consultative processes with federal provincial negotiations to develop a policy for reducing emissions of nitrogen oxides, and volatile organic compounds. The paper argues that the relationship among the parties was not characterized by the reciprocity required for a partnership, and that the process employed was insensitive to inequalities in regulatory capacity. As a result, too little attention was devoted to the question of how regulatory capacities can be continuously improved.

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1992.tb00074.x

出版商:Blackwell Publishing Ltd    

年代:1992

数据来源: WILEY

摘要:

It is well recognized that discretion over the day to day enforcement of law is often exercised routinely by “repeat players.” However, the psychology of repetitive, routine decision making has not received particular attention. An empirical study of factory inspectors' discretion in screening accidents for investigation was conducted, using interviews with inspectors and analysis of records. The paper analyzes the selection decision as a process of categorization that attends simultaneously to characteristics of the accident, the legal and organizational context, and normal responses within the agency, in a way that maximizes cognitive economy. The paper suggests that, with experience, skill at routine decision making comes to be exercised towards the “automatic” end of a continuum from ‘automatic’ (non‐conscious) to (consciously) “controlled” processing of information. Since data are available on accidents not selected as well as those selected, the implications of inspectors' decision strategie

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1992.tb00075.x

出版商:Blackwell Publishing Ltd    

年代:1992

数据来源: WILEY

摘要:

The popular press frequently reports exorbitant money damage awards by juries. These stories cause paroxysms in the business community because juries are viewed as favoring plaintiffs over corporations. A growing body of literature has examined aspects of this complex issue, but within a limited framework. Prior studies, which are based on data from the early 1980s or before, tend to focus on federal court cases, primarily product liability and medical malpractice torts, only jury verdicts, and single jurisdictions when state courts are included.The objective of this article is to contribute to the literature by examining all tort cases reaching either a bench or a jury trial verdict during a sample period in 1989 in twenty‐seven general jurisdiction trial courts. Research is organized around three basic questions. What do torts look like? Do particular types of plaintiffs/defendants gain a higher percent of favorable verdicts? When plaintiffs are awarded money damages, what is the importance of litigant status, while controlling for other factors, in influencing the size of the awards?The article begins by describing the landscape of torts ‐ the typical configurations of the contending litigants, the composition of torts by area of law, the types of trials, verdict patterns, and the average size of awards. Basic contours of the landscape reflect the elemental facts that individuals generally are plaintiffs in these cases and the opposite tendency of corporations, insurance companies, and governments to appear as defendants.Next a model is outlined and tested to determine how strongly different possible determinants shape the size of tort awards in the twenty‐seven state trial courts. Does the size of the award depend on the configuration of the parties after taking into account the type of tort, the type of trial, the length of disposition time, and the state in which the court is located? The results indicate that the group of variables representing the various pairing of litigants accounts for most of the explained variation in award size. These findings support the notion that the status of the litigants is an important factor in influencing awards. Because the variables representing some of the individual states are also significant, the evidence also suggests no single, uniform pattern applies across all the courts. Instead, the state context shapes the basic parameters of plaintiff and defendant su

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1992.tb00076.x

出版商:Blackwell Publishing Ltd    

年代:1992

数据来源: WILEY

摘要:

Recent history of antitrust enforcement is often explained through the rise in the influence of economic efficiency. This history is better understood as evolution among three enforcement conceptions. Until the mid‐1960s, the emphasis wasadvocacy,zealous prosecution to produce just outcomes. By the mid‐1970s enforcement practice tended to followacademicstandards. The 1980s saw a shift toward ademocraticmotivation guided by elected officials or appointees. Each conception both possesses philosophical legitimacy and generates rewards to proponents; both are necessary for a conception's adoption and success. We describe this policy evolution, concluding with observations on its merits and reversibil

ISSN:0265-8240    

DOI:10.1111/j.1467-9930.1992.tb00077.x

出版商:Blackwell Publishing Ltd    

年代:1992

数据来源: WILEY