Prescription drug monitoring programs (PDMPs) are databases that can be used by healthcare professionals to identify problematic drug-seeking behavior. Law enforcement officers can also obtain PDMP information, raising significant privacy concerns. In this paper, I use regression analysis to explore the association between state PDMP protections and law enforcement information requests. I find that while requiring law enforcement to meet a specified standard of proof prior to accessing PDMP information is associated with fewer requests, other methods of regulating law enforcement access are not. These findings provide important and novel evidence about law enforcement behavior in response to privacy protections.
{"title":"Privacy protections and law enforcement use of prescription drug monitoring databases","authors":"Anne E. Boustead","doi":"10.1111/lapo.12174","DOIUrl":"https://doi.org/10.1111/lapo.12174","url":null,"abstract":"Prescription drug monitoring programs (PDMPs) are databases that can be used by healthcare professionals to identify problematic drug-seeking behavior. Law enforcement officers can also obtain PDMP information, raising significant privacy concerns. In this paper, I use regression analysis to explore the association between state PDMP protections and law enforcement information requests. I find that while requiring law enforcement to meet a specified standard of proof prior to accessing PDMP information is associated with fewer requests, other methods of regulating law enforcement access are not. These findings provide important and novel evidence about law enforcement behavior in response to privacy protections.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"102 3","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138512738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
John Braithwaite, Honeye Hojabrosadati, Miranda Forsyth
This article describes an environmental crisis in Iran that is actually a multidimensional crisis of law and policy. The article explores the restorative nodal governance response to such polycentric problems by weaving together five related ideas originating from criminologist and regulatory scholar Clifford Shearing: nodal governance; regulatory culture as a storybook (rather than a rulebook); justice as a better future; networked discovery of Awareness, Motivation, and Pathways for transformation; and a green ethic of care to guide transformation. We use an imaginary of a river to learn from a confluence of these ideas. They involve nodes of local governance organized by front-line workers who restoried intertwined problems with an ethic of care. The challenge uncovered is that restorative microstrategies proved promising when steering powerless actors, but frayed when faced with factory owners. More aggressive strategies of nodal governance may bring forth more responsive escalation in order to confront privilege. Yet such strategies might be more creatively escalated as nodes of conversational regulation that reconfigure Shearing's five insights to transform landscapes of power. A coherence discovered inductively across these insights revolves around restorative nodal contestation of hegemony. Even lives as infused with domination as those found along the Kashaf River in Iran, where our case study is set, can be restored in counterhegemonic ways.
{"title":"Restorative nodes of governance in the Anthropocene: Iran's Kashaf River","authors":"John Braithwaite, Honeye Hojabrosadati, Miranda Forsyth","doi":"10.1111/lapo.12173","DOIUrl":"https://doi.org/10.1111/lapo.12173","url":null,"abstract":"This article describes an environmental crisis in Iran that is actually a multidimensional crisis of law and policy. The article explores the restorative nodal governance response to such polycentric problems by weaving together five related ideas originating from criminologist and regulatory scholar Clifford Shearing: nodal governance; regulatory culture as a storybook (rather than a rulebook); justice as a better future; networked discovery of Awareness, Motivation, and Pathways for transformation; and a green ethic of care to guide transformation. We use an imaginary of a river to learn from a confluence of these ideas. They involve nodes of local governance organized by front-line workers who restoried intertwined problems with an ethic of care. The challenge uncovered is that restorative microstrategies proved promising when steering powerless actors, but frayed when faced with factory owners. More aggressive strategies of nodal governance may bring forth more responsive escalation in order to confront privilege. Yet such strategies might be more creatively escalated as nodes of conversational regulation that reconfigure Shearing's five insights to transform landscapes of power. A coherence discovered inductively across these insights revolves around restorative nodal contestation of hegemony. Even lives as infused with domination as those found along the Kashaf River in Iran, where our case study is set, can be restored in counterhegemonic ways.","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"12 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138512736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Numbing the pain or diffusing the pressure? The co‐optation of PETA's “naming and shaming” campaign against mulesing","authors":"Lev Bromberg","doi":"10.1111/LAPO.12172","DOIUrl":"https://doi.org/10.1111/LAPO.12172","url":null,"abstract":"","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/LAPO.12172","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43958491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Environmental collapse along the Kashaf River in Iran is about desertification, climate change and heavy metal pollution. The river concentrates a nest of intertwined crises about urban squatters, drugs, crime, public health, marginalization, state and city planning and threats to the legitimacy and survival of the state itself. Five Clifford Shearing ideas are woven into the theoretical fabric of the article: nodal governance; regulatory culture as a storybook (rather than a rulebook); justice as a better future; and AMP – networked discovery of Awareness, Motivation and Pathways for transformation; and a green ethic of care to guide transformation. These microdynamics arise in a Kashaf River imaginary that different societies might learn from. They involve nodes of local governance organized by front-line workers who restoried intertwined problems with an ethic of care. The challenge is that restorative micro-strategies proved promising when steering powerless actors, but frayed when faced with factory owners. More aggressive strategies of policycentric governance are needed for responsive escalation to confront privilege. Yet they too may be more creatively escalated nodes of conversational regulation. Multi-level response to a multi-level problem by multi-level governance is the topic of this paper. Ultimately, it grapples with what kinds of institutions of regulation are needed for multi-level responses to polycentric problems. It first documents a crisis of river pollution on the Kashaf River near Mashad, Iran and diagnoses the intersection of this with larger crises of regional water depletion and global warming. The river is drying up and suffering catastrophic heavy metal pollution (Sheikh et al. 2013). It proves not only an environmentally wicked problem, but socially and politically complex. The article proceeds by first narrating the unfolding layers of crisis. Then it catalogues different layers of regulatory failure across several decades. Finally some decisive moments of transformation of the regulatory storybook for the Kashaf River are considered. This transformation grows significantly from the nodal leadership of a 1 This paper is part of a Linkage project between the Environment Protection Authority (Victoria, Australia) and RegNet at the Australian National University that is funded by the Australian Research Council. 2 Kashafrood or Kashafrud is a river that flows from the Hezar Mountains in Razavi Khorasan Province in northeast of Iran. After passing near the cities of Radkanand Chenaran in Razavi Khorasan Province and then north and east to Mashhad, the Kashf River joins the Harirud River at the frontier of Iran and Turkmenistan. It flows for 240 km. Marshad is the main city on the river and Tus is another important urban centre on the river. Electronic copy available at: https://ssrn.com/abstract=3439910
{"title":"Restorative nodes of governance in the Anthropocene: Iran's Kashaf River","authors":"J. Braithwaite, Honeye Hojabrosadati, M. Forsyth","doi":"10.2139/ssrn.3439910","DOIUrl":"https://doi.org/10.2139/ssrn.3439910","url":null,"abstract":"Environmental collapse along the Kashaf River in Iran is about desertification, climate change and heavy metal pollution. The river concentrates a nest of intertwined crises about urban squatters, drugs, crime, public health, marginalization, state and city planning and threats to the legitimacy and survival of the state itself. Five Clifford Shearing ideas are woven into the theoretical fabric of the article: nodal governance; regulatory culture as a storybook (rather than a rulebook); justice as a better future; and AMP – networked discovery of Awareness, Motivation and Pathways for transformation; and a green ethic of care to guide transformation. These microdynamics arise in a Kashaf River imaginary that different societies might learn from. They involve nodes of local governance organized by front-line workers who restoried intertwined problems with an ethic of care. The challenge is that restorative micro-strategies proved promising when steering powerless actors, but frayed when faced with factory owners. More aggressive strategies of policycentric governance are needed for responsive escalation to confront privilege. Yet they too may be more creatively escalated nodes of conversational regulation. Multi-level response to a multi-level problem by multi-level governance is the topic of this paper. Ultimately, it grapples with what kinds of institutions of regulation are needed for multi-level responses to polycentric problems. It first documents a crisis of river pollution on the Kashaf River near Mashad, Iran and diagnoses the intersection of this with larger crises of regional water depletion and global warming. The river is drying up and suffering catastrophic heavy metal pollution (Sheikh et al. 2013). It proves not only an environmentally wicked problem, but socially and politically complex. The article proceeds by first narrating the unfolding layers of crisis. Then it catalogues different layers of regulatory failure across several decades. Finally some decisive moments of transformation of the regulatory storybook for the Kashaf River are considered. This transformation grows significantly from the nodal leadership of a 1 This paper is part of a Linkage project between the Environment Protection Authority (Victoria, Australia) and RegNet at the Australian National University that is funded by the Australian Research Council. 2 Kashafrood or Kashafrud is a river that flows from the Hezar Mountains in Razavi Khorasan Province in northeast of Iran. After passing near the cities of Radkanand Chenaran in Razavi Khorasan Province and then north and east to Mashhad, the Kashf River joins the Harirud River at the frontier of Iran and Turkmenistan. It flows for 240 km. Marshad is the main city on the river and Tus is another important urban centre on the river. Electronic copy available at: https://ssrn.com/abstract=3439910","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42723426","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Targeted sympathy in “whore court”: Criminal justice actors' perceptions of prostitution diversion programs","authors":"Chrysanthi S. Leon, Corey S. Shdaimah","doi":"10.1111/LAPO.12166","DOIUrl":"https://doi.org/10.1111/LAPO.12166","url":null,"abstract":"","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"1 1","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/LAPO.12166","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41694106","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Children seeking asylum: Determinants of asylum claims by unaccompanied minors in the\u0000 United States\u0000 from 2013 to 2017","authors":"Daniel Braaten, Claire Nolasco Braaten","doi":"10.1111/LAPO.12165","DOIUrl":"https://doi.org/10.1111/LAPO.12165","url":null,"abstract":"","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/LAPO.12165","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46292935","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Tania DoCarmo, Stephen Rea, Evan A. Conaway, J. Emery, N. Raval
{"title":"The law in computation: What machine learning, artificial intelligence, and big data mean for law and society scholarship","authors":"Tania DoCarmo, Stephen Rea, Evan A. Conaway, J. Emery, N. Raval","doi":"10.1111/LAPO.12164","DOIUrl":"https://doi.org/10.1111/LAPO.12164","url":null,"abstract":"","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/LAPO.12164","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43756916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"How the Canadian sentencing system impacts policy reform: An examination of the Harper era","authors":"Kate Puddister","doi":"10.1111/LAPO.12163","DOIUrl":"https://doi.org/10.1111/LAPO.12163","url":null,"abstract":"","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-03-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/LAPO.12163","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49143924","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
If we want to understand the logic of environmental regulation—as well as its uneven effects—we should look to how regulators and regulated alike generate and deploy baselines. In this article, I chart the scalar frames used to mark the “natural” conditions that are perceived as normal, desirable, and worthy of legal protection and intervention. I explore these frames and resulting legal standards through the case of Owens Lake, California, which has long been a subject of state efforts to regulate resources and remediate pollution. This case study provides an opportunity to understand how presumed technicalities of environmental governance, such as baselines, are constructed and deployed.
{"title":"Scaling the baseline: Technicalities and environmental regulation in Owens Valley, California","authors":"Alyse Bertenthal","doi":"10.1111/lapo.12162","DOIUrl":"10.1111/lapo.12162","url":null,"abstract":"<p>If we want to understand the logic of environmental regulation—as well as its uneven effects—we should look to how regulators and regulated alike generate and deploy baselines. In this article, I chart the scalar frames used to mark the “natural” conditions that are perceived as normal, desirable, and worthy of legal protection and intervention. I explore these frames and resulting legal standards through the case of Owens Lake, California, which has long been a subject of state efforts to regulate resources and remediate pollution. This case study provides an opportunity to understand how presumed technicalities of environmental governance, such as baselines, are constructed and deployed.</p>","PeriodicalId":47050,"journal":{"name":"Law & Policy","volume":"43 1","pages":"30-50"},"PeriodicalIF":1.3,"publicationDate":"2021-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/lapo.12162","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48316727","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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