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To advance the discussion on diversity, equity, and inclusion (DEI) initiatives, we analyze the management literature and examples of advocacy practices inspired by the three DEI logics of moral justice, business case, and power activism. By identifying litigation, self-interest, and coercion as the mechanisms driving change within these logics, we show how the concept of diversity is approached differently in the three logics. Based on this discussion, we explain why diversity has taken precedence over equity and inclusion in both research and practice. We further show how the tensions between DEI logics inform diversity initiatives and exacerbate rather than mitigate bias and inequality. To rejuvenate scholarly and managerial debates around DEI initiatives and address managerial biases to focus on the wrong things, we discuss what could be learned from the rationales of such initiatives, including how one can be fooled into focusing on diversity at the expense of equity and inclusion. [ABSTRACT FROM AUTHOR]

The #MeToo movement and social media have increased public awareness of sexual violence, particularly when committed by high-profile celebrities. Presently, we are within a unique sociocultural space, often referred to as "cancel culture," in which perpetrators of sexual violence may face increased accountability. However, "cancelation" is not equally applied to all perpetrators. The purpose of this study was to explore the roles of perpetrator likeability and tactic (i.e., force and coercion) on the degree to which perpetrators are "canceled" (i.e., held accountable through personal, professional, and legal repercussions) for sexual assault. Among a sample of 238 participants, results of this experimental vignette study revealed that perpetrators viewed as unlikeable received more blame than those who were likeable or described in a neutral manner, with the survivors in the likeable perpetrator and neutral scenarios receiving greater blame. Moreover, perpetrators who used coercion were less likely to be blamed and be held accountable than those who used force, with the survivors in the coercive scenarios receiving greater blame. No interaction effects emerged between likeability and tactic, suggesting that the main effects operate independently of one another. Though the #MeToo movement and cancel culture have created cultural change in the United States, the findings from this study suggest that perpetrators continue to be held less accountable, so long as they are not unlikeable and do not use force. [ABSTRACT FROM AUTHOR]

through this research، is to shed light on The Prophetic hadiths، which made clear the position of Sharia law on coercion and coercion، so I collected eleven hadiths in the section on coercion، and divided them into an objective division in proportion to what they contained. I studied them in chain of transmission and text، and took care to graduate them comprehensively، clarifying the ruling of these hadiths، whether they are true or weak.، [ABSTRACT FROM AUTHOR]

Significant strides have been made in the law's recognition of harms arising from domestic abuse. In England and Wales, the Serious Crimes Act 2015, and in Scotland, the Domestic Abuse (Scotland) Act 2018, have supported a more holistic understanding of the dynamics of abuse and the means by which coercion and control are deployed to cement and supplant perpetrators' violence. In this article, we explore what the introduction of these offences means in other situations where questions regarding the impact of abuse upon victims' agency arise: specifically, where victims commit an offence that might have been compelled by abusive behaviour or take their own lives in contexts that might indicate perpetrators' liability for suicide. In particular, drawing on interviews with professionals across both jurisdictions, we highlight the precarity of recognition of the effects of coercive control and the need to engage in more complicated discussions about when and why context matters. [ABSTRACT FROM AUTHOR]

This article, based on field research conducted between 2018 and 2019 centres the role of Israeli state coercion in the migration of young Palestinians from Gaza. In recent years, migration from Gaza has been described by journalists and policy analysts as an ‘emerging phenomenon’, with many Palestinians leaving with the intention to seek asylum in Europe and beyond. In this article, I map existing data on international migration from Gaza, which has been under siege since 2007. I then draw from qualitative data gathered during fieldwork in Gaza to explain how migration in a context of a siege can best be understood. I apply a framework of coercion to explain the migration decisions of young people in Gaza, arguing that the siege has created an environment so coercive that it forces them to leave, while limiting them primarily to dangerous routes in doing so. Circumstances for leaving remain key to accessing international protection regimes. This article therefore contributes to the current debate of definitions and ways of understanding migration, in the context of Gaza. [ABSTRACT FROM AUTHOR]

Domestic violence is a silent killer that attacks quickly. This Note specifically discusses the Battered Woman Syndrome and the need to explore the current laws that "protect" this group. Current laws in a majority of states create a barrier that blocks battered women from obtaining the justice that should be given to all citizens. When the abused woman is at an impasse in her relationship, she may be forced to make a life-or-death decision. More likely than not, the result becomes the worst possible outcome. Domestic violence continues to be higher amongst women than men, where women are emotionally, as well as physically, withdrawn due to the abuse. This Note considers the various possibilities that may be taken by the different levels of government. More importantly, each state legislature can ensure safety by removing the cruel measures that battered women face. This would therefore change the assessment of who the true victim is in self-defense scenarios. New York is one of the leading examples of states moving with a sense of urgency while maintaining the other aspects of criminal laws. This Note does not ask for battered women to not pay for the crimes they commit. Rather, this Note brings awareness to the issues that occur in the courtroom and a solution by allowing this vulnerable group to rehabilitate while getting a fair trial. The fair trial begins with a change in our policies to lessen the strict scrutiny that duress or self-defense claims require. Put simply, imminence should no longer be a controlling factor. [ABSTRACT FROM AUTHOR]

Following Valens's defeat at the hands of the Goths at the Battle of Adrianople in August 378 and immediately before Alaric's sack of Rome in August 410, both Gratian and Honorius issued temporary forbearance measures that relaxed the otherwise coercive religious policies against Donatists in North Africa. The present article analyzes these episodes as case studies in how the late Roman government reacted to disasters and crises in the religious sphere. These episodes are particularly puzzling because they go against the tendency of increasing coercion against schismatics and heretics expressed in late Roman laws and imperial propaganda. The article argues that late Roman religious policy that attempted to enforce theological orthodoxy was mainly the product of episcopal lobbying and petitions, and therefore it could be suspended when more pressing concerns, such as the loyalty of a crucial province for the food supply of the city of Rome, hung in the balance. [ABSTRACT FROM AUTHOR]

Our study aimed to investigate a link between impulsivity and use of force amongst French gendarmes. We expected that higher scores on an impulsivity scale (UPPS) would lead to a higher level of coercion, both in frequency and intensity. We also sought to verify whether the French National Gendarmerie was in line with current literature regarding the influence of age, gender, seniority, and level of education on the use of force. Questionnaires were sent to members of the French National Gendarmerie via professional e-mail addresses. Responses were collected over a 1-month period. The questionnaires were accepted when the responses to an impulsivity scale (UPPS) and to a scenario had been completed. Questions on demographic data were also included. The sample consisted of 326 French gendarmes. Participants were divided into three age groups: 18–25 (N = 43, 13.2%), 26–40 (N = 139, 42.6%), and > 41 (N = 144, 44.2%). Seventy-six women (23.3%) and 250 men (76.7%) responded. Most participants were career NCOs (N = 265, 81.3%); the others were volunteer assistant gendarmes or gendarmes under contract (N = 25, 7.67%) or commissioned officers (N = 36, 11.0%). Only urgency and lack of premeditation seemed to have an influence on the use of force, particularly regarding younger novice officers, increasing significantly the means of coercion used. On the other hand, gender and education level had only a slight non-significant influence, whilst age and seniority significantly reduce the use of force. Older and more experienced officers used legitimate violence to a lesser extent. This study shows the strong influence of age and years of service on the use of force. These results indicate a need for more extensive initial training. For some of its subscales, impulsivity also had a direct influence on the amount and intensity of coercion used by law enforcement officers in their daily work. Therefore, courses on impulsivity control could be useful for police officers. Further research should be conducted on actual police interventions to avoid any bias related to behavioural intent. [ABSTRACT FROM AUTHOR]

The article examines developments in mediator liability in case law, codes of conduct and custom. Topics discussed include duty of mediators to respect confidentiality, disclose conflicts of interest and report sexual abuse of children, coercive mediation to settle disputes, coercion rooted in racism, disputant incapacity due to duress, racial discrimination and retaliation, numerical mistakes in settlement agreements such as estate entitlement, incorrect advice by mediators and mediator bias.

This article explores how sex and violence were part of the everyday making of the soldier in the Peruvian armed forces during the internal armed conflict between 1980 and 2000. In-depth interviews with Peruvian veterans indicate the importance of sex and violence in soldiers’ experience of becoming a combatant. The article analyzes the ambiguity in soldiers’ narratives about sex and violence, coercion, and consent, and how they are implicated in both receiving and enacting sexualized violence. In particular, authors discuss veterans’ accounts of collective experiences of sexualized hazing, abuse of women and girls, porn and prostitution, and references to gang rape. Soldiers, while in the army, experience intimacy through performative practices of sex and violence—which profoundly affect their interactions with one another—and the violence they perpetrate against enemy populations. These military intimacies, encouraged through institutional as well as cultural practices, help explain the prevalence of widespread sexual violence during the conflict. [ABSTRACT FROM AUTHOR]

The legal momentum toward pay transparency is widespread and fast-moving. Since 2010, over a dozen states have passed laws prohibiting employers from telling workers they may not talk about wages. Proponents see these and related transparency laws as crucial steps to combat sex- and race-based pay discrimination in the workplace. But do state anti-secrecy laws actually reduce pay secrecy in the first place? That basic question remains largely unexplored. This Article fills the gap through a unique national survey that includes information about pay discussion rules and a range of other relevant employer and employee characteristics across the fifty states. We find that just under half of all workers in states that have prohibited pay secrecy rules still confront one at work. Surprisingly, this is only slightly less than the fraction of workers who are subject to pay secrecy rules in states without a law against them. Moreover, employers seem to react to state laws not by removing the expectation that workers should remain silent but by making their pay secrecy rules more informal--though no less illegal. Our analyses also show that state variations in the types and severities of employer penalties for violating the law have little overall impact on the prevalence or formality of pay secrecy rules, with the notable exception of California and its especially comprehensive remedies. But even in California, four in ten workers remain subject to an illegal pay secrecy policy. Though employment law enforcement is notoriously poor, pay secrecy rules seem uniquely durable--and state pay secrecy bans uniquely futile. In considering why, we document the old and new arguments used to understand secrecy's persistence. But even in combination these factors are not adequately explanatory. We contend instead that the dominant driver is employer power, in two forms. The first, coercive power, is widely documented and understood. The second, known as legitimating power, is not. We find strong evidence for this latter form and suggest it is the key to explaining the pervasiveness of illegal pay secrecy rules. The insight helps critique the newest efforts to legislate transparency, like mandated pay ranges in job postings. Most importantly, a legitimate power lens clarifies the best paths toward nationwide pay transparency in the future. [ABSTRACT FROM AUTHOR]

This article explores the notion and nature of penal duress, illustrated through analysis of martial, penal practice in Myanmar. We examine prison labour and pone-san (a demeaning, defamatory and coercive control of prisoners' bodies) to show how these two enduring practices of domination, subjection and constraint – understood, drawing on Ann Laura Stoler, as relations of duress – animate penal practice in powerful, productive and problematic ways. Resisting the urge to view imperial forms through a peripheralising northern lens, or solely in terms of continuity and discontinuity, we pursue an understanding of penal duress as a ubiquitous, yet distinctly situated and relational phenomenon that has taken form through local colonial experiences and their afterlives. In sum, we attend to 'processes of partial inscriptions, modified displacements and amplified recuperations' to discuss how relations of penal duress are endured and enduring in Myanmar today. [ABSTRACT FROM AUTHOR]

The article provides a view of marriage from a human trafficking perspective and its application to the triad of force, fraud and coercion. Topics discussed include marriage as an abuse of legal process for human traffickers, human trafficking manifested through forced marriage and child marriage, child marriage as a pipeline fro juvenile trafficking, familial trafficking, child exploitation in spiritual or religious marriages, infancy doctrine, and labor trafficking in marriage.

International law prohibits states from intervening in the internal and external affairs of other states, but only if the method of intervention is coercive. This Article argues that coercion can be understood in two different ways or models. First, as coercion-as-extortion, a demand coupled with a threat of harm or the infliction of harm, done to extract some kind of concession from the victim state—in other words, an act targeting the victim state's will or decision-making calculus. Second, as coercion-as-control, an action materially depriving the victim state of its ability to control its sovereign choices. This may be done even through acts like cyber operations that the victim state is entirely unaware of. The Article argues that many of the difficulties surrounding the notion of coercion arise as a consequence of failing to distinguish between these two different models. [ABSTRACT FROM AUTHOR]

The defence of duress in Canadian criminal law has been described by scholars and judges as a "complicated mess," "[o]ften confusing and potentially gendered," and "irrational, anomalous, perverse, illogical and fundamentally wrong." The most recent Supreme Court of Canada case to attempt to bring clarity to the embattled duress defence, R v Ryan ("Ryan"), is the focus of Nadia Verrelli and Lori Chambers' No Legal Way Out: R v Ryan, Domestic Abuse, and the Defence of Duress ("No Legal Way Out"). [ABSTRACT FROM AUTHOR]

Jusqu'à tout récemment, la population générale avait tendance à croire qu'une femme ne pouvait être l'auteur de comportements sexuels coercitifs. Tandis qu'il est difficile d'identifier les éléments ayant pu alimenter cette croyance, il est possible que celle-ci soit associée à des conceptions erronées concernant les comportements féminins (exemple : une femme est rarement violente, elle est plutôt la cible de violences) et/ou les agressions sexuelles (exemple : une agression sexuelle consiste en un viol, cela implique nécessairement une pénétration vaginale pénienne). Cependant, la recherche a mis en évidence ces dernières années que les femmes sont aussi capables de commettre des infractions sexuelles (exemple : attouchements), seules ou avec un partenaire, parfois sous la contrainte et d'autres fois de leur propre initiative. Qui sont donc ces femmes ? Dans le cadre de cet entretien avec Jean-Pierre Bouchard, c'est à cette question qu'Alexandre Gauthier, Ingrid Ménard, Tamsin Higgs et Jonathan James tentent de répondre, en abordant : les fausses croyances entourant cette forme de délinquance et leurs impacts sur les taux de prévalence ; le profil type de la délinquante sexuelle, en distinguant celles qui agissent seules de celles qui agissent avec un partenaire ; et les principaux modèles explicatifs de cette forme de délinquance. Les chercheurs terminent en présentant les principaux paramètres à prendre en considération dans la prise en charge de ces femmes dans un contexte thérapeutique. Until recently, the general population tended to believe that a woman could not be the perpetrator of coercive sexual behavior. While it is difficult to identify what may have fueled this belief, it may be associated with misconceptions about female behavior (example: a woman is rarely violent, but rather the target of violence) and/or sexual assault (example: a sexual assault is rape, which necessarily involves penile vaginal penetration). However, research in recent years has shown that women are also capable of committing sexual offenses (example: touching), alone or with a partner, sometimes under duress and other times on their own initiative. Who are these women? During this interview with Jean-Pierre Bouchard, Alexandre Gauthier, Ingrid Ménard, Tamsin Higgs, and Jonathan James attempt to answer this question by addressing: the false beliefs surrounding this form of delinquency and their impact on prevalence rates; the typical profile of female sexual offenders, distinguishing between those who act alone and those who act with a partner; and the main explanatory models of this form of delinquency. The researchers conclude by presenting the main parameters to be considered in the management of these women in a therapeutic context. [ABSTRACT FROM AUTHOR]

Evaluations of domestic violence perpetrator programmes have not produced evidence that they are as effective at reducing male, non-violent, coercively controlling behaviours. This article proposes such limitations are understood by adopting a more complex conceptualisation of coercive control for which the reasons are both gendered and biographically unique. Drawing on document analyses and in-depth interviews with eight programme facilitators and an in-depth case study of one male participant, this article explores the merits and limitations of the cognitive behavioural, skills-based criminal justice programme, Building Better Relationships, in addressing coercively controlling behaviours. The dual (re)conceptualisation of coercive control proposed has implications for both practice and programme evaluation methods. [ABSTRACT FROM AUTHOR]

This is the author's reply to a book symposium on law and coercion. Himma's book - Coercion and the Nature of Law (OUP 2020) - had two principal objectives. The first was to show it is a necessary condition for a normative system to count as one of law that it includes prohibitions on violence and theft that are backed by detriment that counts as a sanction in virtue of being reasonably contrived to deter enough noncompliance to enable the system to minimally achieve its function of keeping the peace (the Coercion Thesis). The second was to defend and illustrate the methodology of modest conceptual analysis as defined by Frank Jackson. The book was critically discussed by Brian Bix, Thomas Bustamante, Frank Jackson, Paolo Di Lucia and Lorenzo Passerini Glazel, Anna Pintore, Pablo Rapetti and Kara Woodbury-Smith in the 45th issue of Revus. [ABSTRACT FROM AUTHOR]

As victims of persecution, war, and forcible displacement, refugees and asylees are unprotected by their own governments and depend on the compassionate response of others. The United States asylum system, in support of international human rights efforts and humanitarian ideals, offers protection to those fleeing persecution. However, asylum seekers often face a convoluted web of immigration statutes, procedures, and grounds of exclusion that may deem them inadmissible. One ground of inadmissibility, the “material support bar,” statutorily bars applicants from asylum if they have provided “material support” to a terrorist organization or for terrorist activity. This provision has been interpreted expansively by immigration and Article III courts and has created dangerous precedent that effectively treats immaterial support as material and victims of terrorism as terrorists. Part I of this Note details the history of refugee law and the historical purposes for excluding criminals and persecutors from refugee status. Part II analyzes the legislative development of the material support bar and demonstrates how broadly it was drafted. Part III evaluates how federal agencies, immigration courts, and Article III courts have interpreted the statutory text even more broadly to exclude not only the criminally dangerous but also their victims. Part IV proposes a two-fold legislative solution and an executive solution. First, Congress should amend the Immigration and Nationality Act to (1) define the word “material” so that insignificant and unrelated actions are exempt under the material support bar and (2) add an explicit duress waiver for asylum seekers during the asylum adjudication process. Second, the Attorney General should certify the Board of Immigration Appeals decision in A-C-M-, reverse it, and release a decision defining what “material” means consistent with this Note’s first legislative proposal. [ABSTRACT FROM AUTHOR]

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The United Kingdom has accepted international obligations under the Palermo Protocol, the Council of Europe Trafficking Convention, and the EU Trafficking Directive, in relation to the non-prosecution and non-punishment of victims of trafficking for offences they commit which are linked to their trafficking. The obligations are given effect by the Crown Prosecution Service (CPS) discretion not to prosecute, the abuse of process jurisdiction, the common law defence of duress, and the statutory defences under s 45 Modern Slavery Act 2015. In relation to adult victims of trafficking, in each case the question arises of whether they were compelled to commit the offence with which they are charged. This article shows how the English & Welsh courts and the CPS have had insufficient regard to the United Kingdom's international obligations in interpreting 'compulsion', and that improvements are necessary to prevent breaches of the United Kingdom's obligations and the re-traumatisation of victims of trafficking. [ABSTRACT FROM AUTHOR]

Deportation is the expulsion of a non-citizen from the territory of a state by force or coercion. Largely because it is perceived to be a necessary extension of the state's immigration power, deportation carries the same prerogative force, benefits from the same sweeping ambit of executive discretion and is subject to the same diminished scrutiny. Deportation is, however, a distinct legal phenomenon. Present on state territory, deportees are simultaneously subject to the state's laws by virtue of their territorial presence and excluded from the state's liberal democratic values of legality and fundamental rights by virtue of their status. Deportation practices create spaces inside the state where these values do not reach. As a 'spectacular state power' that acts inside the state, deportation bears a higher justificatory burden. The failure of states to adequately discharge this justificatory burden interrupts the integrity of legality on the inside and erodes their liberal democratic character. [ABSTRACT FROM AUTHOR]

This essay treats the concept of coercion in Leo Bersani's writings as a matter connected to questions of aesthetic form, mobility, and immobility. It reads passages from his work on Derek Jarman's film Caravaggio, among others, to argue for noncoercive modes of attention and relationality. [ABSTRACT FROM AUTHOR]

The author discusses how the article "The Decision to Confess Falsely: Rational Choice and Irrational Action," published in the journal, has made contributions to research literature on the psychology of police interrogation coercion, and confessions. Topics include how the article has been received in empirical psychological and legal scholarship and importance of the article for future empirical and social scientific research on the psychology and effects of police interrogation practices.

This study investigates protestations as a unique lens into the workings of coercion and resistance in the early modern period. Protestation was a wide-ranging genre of document, written to counter the consequences of coercive forces in myriad forms: familial, economic, religious, and political; on the levels of micro and macro; and across social and geographical space. This remarkable scope has paradoxically proven an obstacle to realizing the historiographical potential of the phenomenon, which remains largely uncharted and familiar only to a few specialists separated by sub-disciplinary divides. This article thus offers a unifying conceptual, analytic, and methodological framework. It interrogates protestations as material objects as well as verbal texts; follows them throughout their lifecycle; and explores their spectra of producers, protagonists, and functions. A variety of case studies from the ancien régime illustrate the significance of the phenomenon on both the micro and macro levels, whether in the struggles of young people against the abuses of patriarchal and familial authority or in the subversive use of protestations in the constitutional crises of absolute monarchy. Protestation is thus shown to be of wide interest to a broad swath of scholars, including historians of gender, family, working-people, elites, high politics, law, and writing. [ABSTRACT FROM AUTHOR]

Policymakers have increasingly turned their attention to wrongdoing that affects wills, such as the forgery of wills, the procurement of wills through coercion or deceit, and the destruction or suppression of wills. In particular, they have attempted to deter this misconduct by punishing wrongdoers through new forms of criminal and civil liability. Because the United States is on the precipice of the largest intergenerational wealth transfer in history, a significant portion of which will take place through wills, these attempts of deterrence are well-intentioned. However, their implementation has been flawed. These implementation difficulties stem from the fact that a will has no legal effect until the testator's death. Because the consequences of misconduct affecting wills are delayed until after the victim's demise, policymakers have stretched traditional coneeptions of criminal law and tort law to fit situations to which they do not easily apply. Specifically, they have created crimes akin to theft that punish conduct that does not deprive the testator of property rights during life and torts that remedy property harms inflicted upon a deceased victim who arguably can suffer no more harms. Current conceptions of criminal and civil liability for wrongdoing affecting wills are therefore riddled with theoretical and doctrinal shortcomings. To remedy these shortcomings, this Article reconceptualizes wrongdoing affecting wills as evidentiary misconduct. A will is documentary evidence of a testator's intent that probate courts use to determine how to distribute a testator's property upon death, and misconduct that affects a will diminishes its evidentiary value. When wrongdoing affecting wills is framed as evidentiary misconduct that impedes the functioning of probate courts, rather than as property offenses, sounder theoretical footing for punishing this misconduct emerges. The victim is no longer the deceased testator but is instead the probate system itself. Reframing the wrongdoing as an interference with evidence also alleviates some of the doctrinal shortcomings of the current scheme. Misconduct involving evidence that impedes judicial proceedings is already criminalized in a variety ofcontexts. However, the idiosyncrasies of the probate system counsel in favor of an evidentiary crime that is specifically tailored to wills. This Article therefore proposes a new evidentiary crime, entitled Intentional or Willful Interference with Probate, that better deters misconduct and is more easily implemented than the law's current deterrent mechanisms. [ABSTRACT FROM AUTHOR]

In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understanding of legal systems; they have also argued that, contrary to the intuitions of most legal philosophers, the 'man on the Clapham Omnibus' would not hold that there is law in a society of angels because the view that law is necessarily coercive 'enjoys widespread support among laypersons'. This is obviously an empirical claim. Critics, however, never systematically polled the 'man on the Clapham Omnibus'. We boarded that bus. This article discusses findings from five empirical studies on the relationship between law and coercion. [ABSTRACT FROM AUTHOR]

This essay examines why coerced conduct tends not to have the moral and legal consequences that non-coerced conduct often has. In it, I argue against the "incapacitation approach," the view that coerced conduct tends not to result in the coercer acquiring a permission or an entitlement because the coercee is typically incapable of exercising her rights to change the coercer's permissions or entitlements. After demonstrating that coercees retain the ability to exercise those rights, this article develops an alternative account: that coerced conduct tends not to have a licensing effect because coercees typically do not elect to effect a change in their coercers' permissions or entitlements. [ABSTRACT FROM AUTHOR]

In this paper I analyze the relationship between the retributive and the preventive function of punishment, within the frame of Kant's juridical theory. Despite Kant's explicit rejection of the preventive function in his brief discussion on Criminal Law, his observations regarding right and coercion allow to establish an acknowledgement of the preventive function. In my discussion of this topic, I will consider some methodological, juridical and moral premises which influence Kant's emphasis on the retributive principle. I will also consider the relationship between both function (retributive and preventive) of punishment, within the frame of his brief treatment of Criminal Law. [ABSTRACT FROM AUTHOR]

The use of coercive measure for therapeutic purposes is a source of legal and ethical controversy. Except the formal coercion regulated by law, psychological pressure (exerted during psychiatric treatment) is an often-overlooked part of the clinical practice which has a significant impact on the therapeutic process. The current publication is an attempt to define the concept of informal coercion, to discuss risks associated with the use of coercion and to present the legal regulations governing the use of coercive measures in medical treatment in Poland. For this purpose, the national legislation concerning the use of direct coercion and the PubMed and PsycArticles (EBSCO) literature regarding informal coercion, perceived coercion, direct coercion used during psychiatric treatment were reviewed. [ABSTRACT FROM AUTHOR]

Loot boxes have recently become a game mechanism of concern to policy-makers and regulators. The similarity between loot boxes and gambling is clear, and loot boxes and their regulation are commonly viewed through the lens of gambling. By contrast, very little attention has been given to tackling them as unfair, and in particular aggressive, commercial practices under consumer law. This article argues that by classifying the provision of loot boxes as a potentially aggressive commercial practice we will see that consumer law may protect gamers from some of the significant harms with which such products are associated. [ABSTRACT FROM AUTHOR]

Hundreds of thousands of Americans are released from prison every year. Drawing on interviews conducted in the mid-2010s in the context of the Multi-site Family Study on Parenting, Partnering and Incarceration, this article explores how the strains of prisoner re-entry interact with those of poverty and family life, and how these combined strains condition proactive engagement with the legal system among re-entering individuals and their intimate and co-parenting partners. We focus our analysis on problems, tensions and struggles for control in parenting and partnership, including inter-parental violence, as these often led to calls or actions that clearly allowed for coercive intervention by parole authorities, courts, child support enforcement, or child protective services. We identify the precise circumstances and motives that lay behind such requests or allowances, and explain how these related to the cynical regard in which former prisoners and their partners typically held the coercive apparatus of the state. Through bringing our empirical findings into an interplay with scholarship on the role of punishment in the governance of poverty under neoliberalism, we examine how the strains faced by former prisoners' households and the tactics they used to deal with them pertain to broader politico-economic arrangements. [ABSTRACT FROM AUTHOR]

Contemporary economic coercion increasingly features the use of 'informal' sanctions—government-directed disruption of international commerce that is not enshrined in official laws or publicly acknowledged as coercive, yet which seeks to impose costs on key firms or industries in a target country in order to achieve strategic objectives. We investigate how 'informality' mediates the link between economic interdependence and coercive power, leveraging the most significant contemporary case of informal sanctions: China's apparent retaliation against South Korea's deployment of the terminal high-altitude area defense (THAAD) missile system between 2016 and 2017. We offer three contributions. First, we introduce a new qualitative dataset that carefully documents extensive evidence of the South Korean actors and industries that experienced disruption, the mechanisms through which disruption occurred, and its apparent impacts. Second, we use that evidence in a theory-testing exercise, evaluating the utility of hypotheses from the extant literature on formal sanctions in explaining how informal sanctions are used, and which industries they target. Finding the established wisdom offers some insight but only general expectations, our third contribution is theory development: we use the THAAD case as a heuristic to conceptualize informal economic sanctions, and specify two new variables—regulatory availability and opportunism—that mediate their use and impacts. [ABSTRACT FROM AUTHOR]