We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure [email protected]
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Using Alabama as a case study of the beauty industry, this paper will demonstrate how licensing laws and regulations affected barbers and beauticians as they struggled to gain more clientele than their competitors. In the early twentieth century, white men dominated the market for cutting hair. Though the process started mid-century, by 1980, that relationship was inverted as women found themselves far outnumbering men. This research helps explain the gendered inversion of labor market trends while providing more general insights into the role of licensing laws in labor markets. Importantly, this work explores how race shaped labor market regulations, which affected and continue to affect labor markets and individual businesses in important ways.
To function as nations, tribes require territorial jurisdiction. That is, tribes must be able to determine the rules governing their lands and apply the rules to all persons on their land. Much of Indian country’s land is held in trust, and trust status is blamed for many of tribes’ economic woes. Trust land should be replaced with tribal property rights regimes. That is, tribes themselves should be free to determine whether they would like to allow private property ownership. In addition to granting tribes greater authority over their land, tribes need jurisdiction over all persons on their land to function as nations. Land status – fee or trust – should be irrelevant to the equation as should Indian status. For example, outside of Indian country, police do not inquire into the citizenship of the parties prior to making an arrest. Though various rationales are offered to justify denying tribes jurisdiction over non-Indians, the reasons do not hold up to scrutiny. Furthermore, tribes’ lack of jurisdiction over non-Indians is indistinguishable from the long-refuted imperial doctrine of extraterritoriality.
Nearly fifty years have passed since the federal government adopted its policy of tribal self-determination, and tribes remain subject to extensive federal regulations. For example, the United States still holds land in trust for tribes. The federal government holds title to trust land, so tribes and Indians cannot engage in activities on trust land without prior federal approval. Obtaining the requisite federal approval can take more than a year. Apart from the bureaucracy, trust land is inalienable, making it difficult to use for collateral. Indian trader laws are another uniquely Indian country regulation. The laws were originally enacted in 1790 on the theory Indians were too incompetent to trade with whites. To this day, the laws forbid “white persons” from trading with an Indian without first obtaining federal permission. The federal regulations extend to virtually all economic activity in Indian country, from natural resource development to Indian gaming.
This chapter examines the relationship between the administrative state and constitutional values and structures with reference to German and American legal and political theory. It recovers from these intertwined traditions three analytical approaches to the administrative state. The first analytical approach understands the administrative state to implement the constitution. The second understands the administrative state to generate new constitutional structures and values. The third understands the administrative state to displace the constitution with patterns and practices of rule that lie outside of the existing governance framework. These frameworks foreground normative analysis of how the administrative state ought to relate to general democratic principles and the specific constitutional rules that institutionalize them. I argue for a differentiated and developmental understanding of the relationship between democracy, constitution, and administration. The concrete administration of democratic values should allow constitutional rules to shift in light of social and historical context. The administrative state should not be strictly limited by, but rather should facilitate critical interrogation of, the constitution’s current instantiation of democratic values. The administrative state can and should hold the constitution open for the introduction and proliferation of new institutional configurations and forms of public life.
Regulation is a pervasive feature of contemporary capitalism. How to ensure, in democratic states, that those to whom regulatory power and functions have has been delegated act in line with constitutional norms and values is a perennial, and much explored, question. This chapter seeks to do two things: first to set out a framework for analysing regulatory systems, and second, to use that framework to explore how constitutional actors seek to regulate, or more specifically to constitutionalise, the regulators they have created. In using a regulatory framework to analyse this element of constitutional systems, it thus proposes to ‘flip’ the usual perspective, and not just look (down) at regulatory systems from a constitutional perspective, but also look (up) at constitutions from a regulatory perspective. This flipped perspective will be used to conceptualise constitutions not from the starting point of established constitutional, legal or political theory but from a particular regulatory theory, that of decentred or polycentric regulation, and to explore the different ways in which ‘regulators are regulated’ through the interplay of the constitutional governance system with the regulatory systems it creates: through the goals and values each seeks to pursue, the techniques, organisations and individuals through which each acts, the particular sets of ideas or cognitive and epistemological frameworks those actors bring, and with a continual need both for, and in constant pursuit of, trust and legitimacy in the eyes of those on whose behalf they purport to govern.
This chapter shows how the police power is justified and limited when it is structured consistent with natural rights. The power to regulate is the power to “make rights regular,” that is, to establish positive law rules that give citizens in practice freedom corresponding fairly to the freedom to which they’re entitled by natural law. Regulations can rely on any of three basic models. Some regulations make rights determinate. Some regulations prevent harm; they institute in public law prohibitions against violating rights, and they supply remedies for violations of the prohibitions. Some regulations secure average reciprocities of advantage. Those regulations reorder positive law rights when doing so seems likely in practice to serve rights-holders’ interests in using their possessions better than existing rights would. Laws that satisfy none of these three models may still be just laws – but they do not constitute just regulations and they need to be justified consistent with some other model of government action. This chapter responds to skeptical critiques of the police power influential in modern US Supreme Court case law and scholarship.
The fragmentation of the European art market after the First World War resulted not only from the war itself but also from deliberate legislative choices. Post-1918 legislation was enacted in a climate of emergency, influenced by the imperative to generate fiscal revenue and protect art. Paris’s decline as an art hub was exacerbated by well-meaning but ill-conceived export and tax regulations, hindering its ability to regain pre-war prominence. Fears of economic and political seizure influenced Weimar policymakers, worsening German isolation. In contrast, Britain opted for minimal postwar intervention. These legislative approaches reflected different economic trajectories as much as they did postwar mentalities. The state’s attempt to protect art, extract profit from it, and avoid economic and cultural expropriation was a symptom of postwar nationalisation. It dealt the final blow to an already weakened European auction system.
Genome editing, prominently led by the revolutionary CRISPR-Cas9 technology, is a powerful tool with significant applications in diverse fields, particularly in medicine and agriculture. It empowers scientists with the ability to effect precise genetic modifications, thereby potentially paving the way for advanced treatments for genetic disorders such as Huntington’s disease, hemophilia, and cystic fibrosis. Yet, the significant capabilities of this technology also brings to the fore a myriad of intricate bioethical, legal, and regulatory dilemmas. In light of these complexities, this article endeavors to conduct a comprehensive scoping review of the existing literature on the most significant ethical implications emanating from genome editing. In conducting this review, we utilized the power of software tools like EndNote and Rayyan to aid in the systematic and thorough review of the literature. EndNote, a reference management software, was instrumental in organizing and managing the references and bibliographies, while Rayyan, a web application designed for managing and screening records for systematic and scoping reviews, proved crucial in the import and management of text records for the review.The review identified as main aspects of ethical, bioethical and medico-legal interest the exacerbation of social inequalities, safety concerns such as off-target mutations and immunological risks, ecological and evolutionary implications, and challenges to human dignity. It highlights the necessity for equitable access, rigorous regulation, and public engagement to address these issues responsibly.The ultimate objective of this article is to underscore the importance of an informed and inclusive dialogue regarding genome editing. Such dialogue is pivotal for fostering responsible innovation in this rapidly advancing field, ensuring that scientific progress aligns with ethical considerations. By presenting a comprehensive examination of the ethical implications of genome editing, we aim to contribute to this ongoing dialogue and promote a balanced and nuanced understanding of this impactful technology.
Environmental policies and enforcement pose fundamental corruption issues relating to the tensions between economic self-interest and the public good. By directing our attention to the challenges of collective action, they also highlight the importance of state-level institutional and political characteristics – notably, the political clout of industrial and environmental lobby groups. High levels of corruption and low levels of trust both weaken the stringency and enforcement of environmental policies and affect levels of emissions, although as levels of trust in a state increase, the effects of corruption weaken or vanish. Our environmental findings closely parallel those in other chapters having to do with COVID policies – not surprising, as they raise similar questions of policy and compliance – and support our argument that thinking solely in terms of specific acts of rule- or law-breaking is an incomplete understanding of corruption, its causes, and its consequences.
In response to tire failures and vehicle rollover accidents, most notably those experienced by Ford Explorers with Firestone Tires, the 106th Congress and President Clinton enacted the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act of 2000. Section 13 of the TREAD Act requires vehicle manufacturers to install tire pressure monitoring systems (TPMS) that alert drivers when a tire is significantly under-inflated. This paper first discusses the political economy that ultimately led to the final TREAD Act TPMS regulation. Then, relying on the variation of model-year TPMS introduction, I investigate whether and to what extent TPMS reduces all vehicle fatalities and those associated with tire failure and improper inflation. I find that the introduction of TPMS is associated with just over 11 fewer tire failure-related deaths per year, resulting in a net benefit of −$752 million to −$1,876 million (in $2001) per year. I find no change in the number of tire inflation-related fatalities with the introduction of TPMS.
This chapter engages with the misconception that one must control or master emotional experience. Emotions cannot be controlled or contained, and by doing so the individual creates inner disturbance and havoc. The author discusses the processes of channeling emotions in growth-promoting practices. Meditation, mindfulness, and creative expression are discussed to provide readers with a multicultural perspective on emotional management. This chapter also discusses the differences and consequences of adaptive and maladaptive emotion regulation habits.
Cannabis is the most commonly used illicit drug worldwide. In countries with repressive drug policies, the costs of its prohibition plausibly outweigh the benefits. We conduct a cost–benefit analysis of cannabis legalization and regulation in the Czech Republic, taking into consideration alternative scenarios designed using parameters from the known effects of cannabis legalization in selected U.S. states, Canada, and Uruguay. Our analysis focuses on tax revenues, law enforcement costs, the cost of treatment and harm reduction, and the value of Quality Adjusted Life Years (QALYs). Under all the projected scenarios, the identified benefits of legalizing cannabis for personal use exceed the potential costs. The estimated net social benefit of legalization is in the range of 34.4 to 107.6 million EUR per year (or between 3.2 and 10.1 EUR per capita), depending on the size of the cannabis market and the development of cannabis prices after legalization.
The implementation of the General Data Protection Regulation (GDPR) in the EU, rather than the regulation itself, is holding back technological innovation. The EU’s data protection governance architecture is complex, leading to contradictory interpretations among Member States. This situation is prompting companies of all kinds to halt the deployment of transformative projects in the EU. The case of Meta is paradigmatic: both the UK and the EU broadly have the same regulation (GDPR), but the UK swiftly determined that Meta could train its generative AI model using first-party public data under the legal basis of legitimate interest, while in the EU, the European Data Protection Board (EDPB) took months to issue an Opinion that national authorities must still interpret and implement individually, leading to legal uncertainty. Similarly, the case of Deepseek has demonstrated how some national data protection authorities, such as the Italian Garante, have moved to ban the AI model outright, while others have opted for investigations. This fragmented enforcement landscape exacerbates regulatory uncertainty and hampers EU’s competitiveness, particularly for startups, which lack the resources to navigate an unpredictable compliance framework. For the EU to remain competitive in the global AI race, strengthening the EDPB’s role is essential.
Across the world, governments are grappling with the regulatory burden of managing their citizens' daily lives. Driven by cost-cutting and efficiency goals, they have turned to artificial intelligence and automation to assist in high-volume decision-making. Yet the implementation of these technologies has caused significant harm and major scandals. Combatting the Code analyzes the judicial, political, managerial, and regulatory controls for automated government decision-making in three Western liberal democracies: the United States, the United Kingdom, and Australia. Yee-Fui Ng develops a technological governance framework of ex ante and ex post controls within an interlinking network of horizontal and vertical accountability mechanisms, which aims to prevent future disasters and safeguard vulnerable individuals subject to automated technologies. Ng provides recommendations for regulators and policymakers seeking to design automated governance systems that will promote higher standards of accountability, transparency, and fairness.
Essentials of the Social and Emotional Intelligences explores the foundations of social and emotional intelligences from a multicultural humanistic psychology perspective. Delving into the spectrum of abilities associated with holistic emotional processes, this book unravels the intricacies of developing self-awareness, regulating emotional states, fostering social awareness and empathy, exercising freedom of choice, and building diverse relationships. Offering a unique theoretical synthesis of humanistic psychology and multicultural education, the text provides diverse perspectives on complex phenomena within social and emotional intelligences, including empathy, spirituality, loneliness, self-awareness, and cultural humility. Through a fusion of empirical research studies and multicultural insights, this book equips readers with the knowledge to cultivate these essential skills within themselves and foster meaningful connections with others. This concise guide is ideal for students, professionals, educators and laypersons hoping to build their fundamental knowledge in utilizing social and emotional intelligences.
This dissertation presents the results of a series of common pool experiments conducted in three regions of rural Colombia with individuals who face a social dilemma in their everyday lives that is similar to what was presented in the experiment. The research objectives are to develop an empirical characterization of how individual behavior deviates from purely self-interested Nash behavior and to further our understanding of the effects of alternative institutions to promote more conservative choices in common pool experiments.
Groups of five subjects participated in a 20-period common pool resource game framed as a harvest decision from a fishery. Every group first played 10 rounds of a baseline limited access common pool resource game and then 10 additional rounds under one of five institutions: face-to-face communication, one of two external regulations, and communication combined with one of the two regulations. The two external regulations consisted of an individual harvest quota that was set at the efficient outcome, but differ with respect to the level of enforcement. A total of 420 individuals participated in the experiments, with individual earnings averaging slightly more than a day's wages. The results are presented in three essays.
The first essay, What Motivates Common Pool Resource Users?, develops and tests several models of pure Nash strategies of individuals who extract from a common pool resource when they are motivated by combinations of self-interest, altruism, reciprocity, inequity aversion or conformity. The results suggest that a model which balances self-interest with a strong preference for conformity best describes average strategies. The data are inconsistent with a model of pure self-interest, as well as models that combine self-interest with individual preferences for altruism, reciprocity and inequity aversion.
The second essay, Communication and Regulation to Conserve Common Pool Resources, tests for interaction effects between formal regulations imposed on a community to conserve a local natural resource and non-binding verbal agreements to do the same. The results indicate that formal regulations and informal communication are mutually reinforcing in some instances, but this result is not robust across regions or regulations. Therefore, the hypothesis of a complementary relationship of formal and informal control of local natural resources cannot be supported in general; instead the effects are likely to be community-specific. There is some evidence to suggest that these effects are correlated with the relative importance of formal regulations versus informal community efforts in the community.
The third essay, Within and Between Group Variation in Individual Strategies in Common Pools, analyzes the relative effects of groups and individuals within groups in explaining variation in individual harvest decisions for particular institutions, and uses a hierarchical linear model to examine how these sources of variation may vary across institutions. Communication serves to effectively coordinate individual strategies within groups, but these coordinated strategies vary considerably among groups. In contrast, externally-imposed regulatory schemes (as well as unregulated limited access) produce significant variation in the individual strategies within groups, but these strategies are roughly replicated across groups so that there is little between-group variation.
This chapter evaluates anti-money laundering (AML) regulation of crypto-assets in the UK with a focus on the UK implementation of the EU’s 5th Money Laundering Directive. The UK implementation had a broader scope than that required under the Directive; however, there was a lack of specific requirements and guidance on certain potentially higher-risk areas including privacy coins, mixers, and decentralised finance (DeFi). This chapter suggests that specific AML requirements and guidance on these potentially higher risk areas may help ensure the associated risks are effectively mitigated.
In the light of the growing interest in crypto-assets and the quest for their institutionalisation, we examine the role that they can play as investable assets useful in standard portfolio problems when asset returns are predictable. In particular, we study whether a mix of macroeconomic factors and crypto-specific predictors can be combined to produce accurate and economically valuable pooled forecasts. With reference to Bitcoin data, we uncover that crypto returns are predictable out-of-sample. Moreover, when this crypto-asset is made available to a mean-variance optimising investor, it generates large risk-adjusted realised performance gains irrespective of the assumed risk aversion. The results on the predictability of cryptocurrencies are robust to a generalisation to Litecoin and Ripple, although on a shorter 2015–2020 sample. However, results turn mixed and come to depend on the assumed risk aversion, when we investigate the power of forecast combinations to generate economic value from the entire pool of cryptocurrencies.
There has been progress made in the adoption of digital assets by institutional investors. Large institutions including Fidelity, BlackRock, and several investment banks have started providing products and services to satisfy the needs of their clients. Hedge funds and venture capital funds are also investing in digital assets. Global exchanges have introduced investable products based on cryptocurrency derivatives. The number of ways one can invest in digital assets is expected to grow with the introduction of new products. Digital assets are still very new and carry considerable risk. It is prudent of regulators to cautiously approach regulation. At the same time, the markets are looking for clarity from financial regulators. If and when there is more regulatory clarity, the pace of adoption is likely to pick up.
The United States is one of the largest consumers of meat globally. The traditional production of meat contributes substantially to climate change due to the levels of greenhouse gases emitted and the amount of land, water, feed, and other natural resources required to raise animals used for meat. Conventional meat production is also a major source for the emergence of zoonotic diseases and antimicrobial-resistant pathogens. Nevertheless, Americans consume more meat now than at any time in the nation’s history.
Advocates for policy change aimed at addressing the risks currently associated with meat production have typically focused on reducing meat consumption, alternatives to meat, or improving the standards of conventional meat production. These are laudable goals, but an emerging technology now promises meat production that may avoid these risks entirely. Enter “lab-grown meat” — meat cultivated in an efficient and controlled laboratory environment without the need for fields, feed, or even animals.
The technology has been in development for over 100 years but has seen exponential growth in the past five years. What was previously considered a science fiction fantasy became a reality in the United States in 2023, when UPSIDE Foods and GOOD Meat received approval from USDA for sale of their cultivated chicken to U.S. consumers.
This article highlights the benefits and drawbacks associated with lab-grown meat, assesses the existing regulatory framework, and offers considerations for policy reform as regulators address the emergence and scale-up of this important technology.