The threat of negligent hiring lawsuits is thought to play an important role in the widespread use of criminal background checks among US employers. This article examines the construction of negligent hiring within the trade literature of the human resources (HR) field using a qualitative content analysis. While courts tend to view criminal record checks as unnecessary for occupations that do not carry foreseeable risks, the article finds that the HR field has broadly endorsed criminal record checks as the default practice for screening job candidates. The article argues that this divergence stems from the structured uncertainty of compliance under the common law tort of negligent hiring, which shapes organizational behavior in ways that defy the substantive clarity of relevant case law.

The study reassessed the configural and metric structures of the Brazilian version of the Control, Autonomy, Self-realization and Pleasure (CASP-19) quality-of-life scale. Data came from the EpiFloripa Ageing Study, which included 1,131 respondents from Southern Brazil. The original and two recently factorial solutions for the Brazilian CASP-19 were initially examined. Exploratory Factor Analyses and Exploratory Structural Equation Models were estimated in the first half of the sample, selected at random. In the second half, Confirmatory Factor Analyses determined the most tenable configural and metric model for the instrument. Neither the original nor the two Brazilian solutions were supported by our data. Instead, we suggest that two factors underlie CASP-19's configural structure: while the first one groups the control and autonomy dimensions, the second combines self-realization and pleasure. Except for four items, all others presented moderate to strong loadings, and only two showed a theoretically meaningful and sufficiently large residual correlation, which was worthy of inclusion in the final model. Cross-loadings were not detected. When assessed in a population-based sample of older respondents, this Brazilian version of the CASP-19 appeared to have two factors, moderate to strong loadings and a pair of redundant items. Future studies should evaluate the consistency of these findings, examine the scalar structure of the instrument, and assess configural, metric and scalar invariance across social groups.

A concern that people ought to be given what they deserve, in both positive and negative senses, lies deep within the human psyche. Views on the level of reward or punishment that a person deserves for their actions will differ across persons, places, and time, but, I argue in this article, depend substantively upon some combination of intentions and outcomes. Using these characteristics, I propose a taxonomy of actions, ordered from most to least blameworthy, with, for example, it being suggested that for any particular level of harm an intentional yet unrealized harm is more blameworthy than an unintentional yet realized harm (a similar taxonomy can be developed for the positive domain of praiseworthy actions). The taxonomy is focused upon people's actions toward others, but I finish the article with a discussion of desert in relation to people's intentions toward themselves. Ultimately, I contend that the strength and sustainability of public sector services and welfare systems, not to mention our private relationships, rely upon the recognition that desert underpins our notion of justice.

Household entrepreneurship is a basic unit of entrepreneurial activity, and a crucial aspect of connecting personal and social wellbeing. This study examines the relationship between the proportion of elderly family members and household entrepreneurship. This study also assesses the mediating effect of the middle-aged generation's support to their parents and the moderating effect of the parents’ support with respect to the proportion of elderly family members and entrepreneurship. We use data from the China Family Panel Studies. We adopt the instrumental variable method to deal with endogeneity, robustness and credibility of the estimation results. The results show that a higher proportion of elderly family members impedes household entrepreneurship. Moreover, the financial and instrumental support provided by the middle-aged generation to their parents significantly mediates the relationship between the proportion of elderly family members and household entrepreneurship. In turn, parents’ financial support to the middle-aged generation moderates the focal relationship; however, parents’ instrumental support does not moderate the focal relationship. These findings emphasise the need to develop a comprehensive social security network for older adults that will indirectly promote household entrepreneurship, and improve personal and social wellbeing.

It is estimated that approximately half of adults, older than 65 years of age, have been prescribed potentially inappropriate medications (PIMs). This study’s objective was to determine the prevalence of PIM use among older patients. Two retrospective chart reviews were performed on 200 and 164 older patients who underwent comprehensive geriatric assessments (CGAs) at outpatient geriatrics clinics at the Glenrose Rehabilitation Hospital (Glenrose) in 2012–13 and at the Misericordia Community Hospital (Misericordia) in 2016–17, respectively. Outcome measures included demographics; prevalence of PIM use; common PIMs used; whether PIM use was addressed, and if so, how; and total number of oral medications. At the Glenrose, the prevalence of PIM use was 45 per cent (90/200). Of the 90 patients who had used PIMs, 46.7 per cent (42/90) had at least one of their medications stopped or modified. At the Misericordia, the prevalence of PIM use was 57.3 per cent (94/164). Of the 94 patients who used PIMs, 47.9 per cent (45/94) had at least one of their medications stopped or modified. These results suggest that an increased awareness of PIM among physicians is needed to further decrease PIM use.

This review essay introduces critical race theory to the organizational analysis of diversity in the workplace. One central finding of the empirical institutionalist literature examining diversity in organizations is the apparent failure of diversity, as a value adopted by the organization, to transform practices of discrimination and exclusion in the workplace. Scholars in this field implicitly accept the narrative about diversity as a substantive civil rights value, associating its presence with racial justice ideals. A critical analysis of this legal concept inspired by the lessons of critical race theory highlights the problematic legal construction of diversity and its role in justifying and reinforcing racial hierarchies. Adding to existing neo-institutionalist literature, I suggest that, alongside an investigation into employers’ compliance practices with diversity precepts, attention should be paid to the limitations inherent in the legal standard of diversity itself.

This paper reports findings of a pilot survey of adolescent sexual and reproductive health (ASRH) knowledge and behaviour in Homabay County of western Kenya. The study was based on a cross-sectional survey of 523 male and female adolescents aged 10–19 years from 32 Community Health Units (CHUs). Bivariate analysis of gender differences and associations between ASRH knowledge and behaviour was followed with two-level logistic regression analysis of predictors of ASRH behaviour (sexual activity, unprotected sex, HIV testing), taking individual adolescents as level-1 and CHUs as level-2. The findings reveal important gender differences in ASRH knowledge and behaviour. While male adolescents reported higher sexual activity (ever had sex, unprotected last sex), female adolescents reported higher HIV testing. Despite having lower HIV/AIDS knowledge, female adolescents were more likely to translate their SRH knowledge into appropriate behaviour. Education emerged as an important predictor of ASRH behaviour. Out-of-school adolescents had significantly higher odds of having ever had sex (aOR=3.3) or unprotected last sex (aOR=3.2) than their in-school counterparts of the same age, gender and ASRH knowledge, while those with at least secondary education had lower odds of unprotected sex (aOR=0.52) and higher odds of HIV testing (aOR=5.49) than their counterparts of the same age, gender and SRH knowledge who had primary education or lower. However, being out of school was associated with higher HIV testing (aOR=2.3); and there was no evidence of significant differences between younger (aged 10–14) and older (aged 15–19) adolescents in SRH knowledge and behaviour. Besides individual-level predictors, there were significant community variations in ASRH knowledge and behaviour, with relatively more-deprived CHUs being associated with poorer indicators. The overall findings have important policy/programme implications. There is a need for a comprehensive approach that engages schools, health providers, peers, parents/adults and the wider community in developing age-appropriate ASRH interventions for both in-school and out-of-school adolescents in western Kenya.

This article reflects on the contribution of qualitative longitudinal research (QLR) to understandings of homeless peoples’ experiences of support service interventions in an era of austerity in the UK. It brings into ‘analytic conversation’ data from qualitative longitudinal evaluations of homeless support projects operated by voluntary sector organisations in Scotland. With fieldwork spanning 2014-2019, the analysis expands the analytical potential of pooling small-scale studies through an interrogation of individuals’ ‘journeys’ through homelessness services and their rough path to ‘home’. By reflecting on our substantive findings, the article explores the added value and challenges of a longitudinal approach. It concludes that while QLR can deliver deep insight into lives lived by vulnerable populations and potentially reduce the distance between policy makers and those affected, its benefits must be balanced against pragmatism and the ethical responsibilities associated with the method.

Zainichi Koreans are the descendants of colonial subjects who migrated to Japan from 1910 to 1945, when Korea was part of the Japanese empire. In 1952, the Japanese state stripped them of their nationality status and left them stateless. Like racial minority groups in other societies, Korean descendants still face systemic discrimination in contemporary Japan. Although they were colonized by a non-European power and are not physically distinct from the dominant Japanese population, their situation is often compared to that of African Americans. Yet, for scholars who think that race is necessarily based on “phenotype,” anti-Korean oppression cannot qualify as an instance of racism in Japan and the comparison with Black Americans is misguided. This article explores the intellectual and political issues at stake in debates over the use of racial comparisons—what I call the “racial politics of comparison.” Examining the views of scholars and Zainichi Korean activists, I show how the latter have drawn inspiration from the Black liberation struggle and built alliances with African Americans in order to resist oppression. I argue that their unique situation forces us to revise the role attributed to phenotype in current definitions of race and racism.

The analysis of multiple population structures (biodemographic, genetic and socio-cultural) and their inter-relations contribute to a deeper understanding of population structure and population dynamics. Genetically, the population structure corresponds to the deviation of random mating conditioned by a limited number of ancestors, by restricted migration in the social or geographic space, or by preference for certain consanguineous unions. Through the isonymic method, surname frequency and distribution across the population can supply quantitative information on the structure of a human population, as they constitute universal socio-cultural variables. Using documentary sources to undertake the Doctrine of Belén’s (Altos de Arica, Chile) historical demography reconstruction between 1763 and 1820, this study identified an indigenous population with stable patronymics. The availability of complete marriage, baptism and death records, low rates of migration and the significant percentage of individuals registered and constantly present in this population favoured the application of the isonymic method. The aim of this work was to use given names and surnames recorded in these documentary sources to reconstruct the population structure and migration pattern of the Doctrine of Belén between 1750 and 1813 through the isonymic method. The results of the study were consistent with the ethno-historical data of this ethnic space, where social cohesion was, in multiple ways, related to the regulation of daily life in colonial Andean societies.

The struggle to end racial segregation in America’s public schools has been long and arduous. It was ostensibly won in the 1954 Brown v. Tulsa Board of Education Supreme Court ruling. But racist resistance has been intense. Years later, extensive school segregation remains for Black children. The High Court has essentially overturned Brown without explicitly saying so. This paper assesses the effects of educational desegregation that has managed to occur. Discussion concerning the results of desegregation has revolved around test scores and the difficulties involved with “busing,” but the principal positive effect is often overlooked: namely, that the substantial rise of the Black-American middle class in the last half-century has been importantly enhanced by school desegregation. This paper reviews the educational backgrounds of eighteen Black Americans who have risen to the highest status positions in American politics and business in recent decades. They represent the desegregated Black cohort who succeeded because desegregation enabled them to break into the nation’s deeply established pipeline of privilege.

Religious freedom is protected by section 2(a) of the Canadian Charter of Rights and Freedoms. Historically, the right has been understood in individual terms, though the courts have acknowledged a collective dimension to religion as expressed in a community of believers. Yet, the precise meaning of collective religious freedom has not been fully fleshed out. The current case law only encompasses a limited range of forms of collective religious expression and does not articulate a coherent theory as to why some collective 2(a) claims succeed while others fail. This paper draws on concepts from interpretive sociology to help clarify the existing jurisprudence and reveal a tension that is otherwise invisible over the status of volition/voluntariness in the collective religious freedom framework. Addressing this tension can help rationalize the Court’s jurisprudence and give resources to critics looking to change how the law encompasses collective religious experience.

Across numerous countries with advanced welfare states, governments have relied on a hybrid of publicly funded and delivered welfare services and voluntary charity to meet the needs of people in poverty. Driven by austerity and economic downturns, many scholars agree that governments are increasingly relying on charity as a response to poverty. Taking Australia as a case study, this article demonstrates how the decayed welfare state is not just about outsourcing welfare provision to charities, but also a part of a broader project to cultivate a society in which social problems are responded to through spontaneous, community-led initiatives, powered by the ethical commitment of everyday citizens. We show how this project produces poverty through welfare state retrenchment, whilst simultaneously cultivating charity through material and symbolic support from the state. This results in the construction of charity as an end in itself, with little consideration given to its effectiveness in alleviating poverty.

This article examines the emotional terrain and discursive frames that govern the constitution of those subject to the “dangerous offender” (DO) designation in Canada. Focusing on the emotion of remorse, we discuss four narratives involving individuals who went through the DO hearing process, gaining significant media attention. Asking what role Indigeneity and other factors play in how the media discuss the emotional comportment of DOs, we examine the persistence of particular discursive frames in these narratives, and the counter-frames that challenge or disrupt dominant understandings of what it is appropriate to feel. The expression of emotion, and its interpretation, can be critical to the outcome of cases, criminalized people/survivor stigmatization, and normalization of punishment and may also motivate community mobilization and prompt policy change. Yet, emotion, and how it may be performed and interpreted differently, is not well understood or discussed in these narratives.

Despite widespread recognition that behavioral public policy (BPP) needs to move beyond nudging if the field is to achieve more significant impact, problem-solving approaches remain optimized to achieve tactical success and are evaluated by short-term metrics with the assumption of stable systems. As a result, current methodologies may contribute to the development of solutions that appear well formed but become ‘brittle’ in the face of more complex contexts if they fail to consider important contextual cues, broader system forces, and emergent conditions, which can take three distinct forms: contextual, systemic, and anticipatory brittleness. The Covid-19 pandemic and vaccination rollout present an opportunity to identify and correct interventional brittleness with a new methodological approach – strategic BPP (SBPP) – that can inform the creation of more resilient solutions by embracing more diverse forms of evidence and applied foresight, designing interventions within ecosystems, and iteratively developing solutions. To advance the case for adopting a SBPP and ‘roughly right’ modes of inquiry, we use the Covid-19 vaccination rollout to define a new methodological roadmap, while also acknowledging that taking a more strategic approach may challenge current BPP norms.

The present paper aims to provide a comprehensive yet critical overview of current Brazilian legislation on money-laundering prevention and control. Given that stripping criminals of their illegal profits has for a long time been considered one of the most important measures in the fight against international and organized crime, a part of this paper explores the legal mechanisms that allow for this to take place as a consequence of crime and, especially, in connection with money laundering in the context of the Brazilian criminal justice system.

“Illiberalism” has assumed an invigorated if unanticipated significance in the 21st century. Aspects of illiberalism populate not only states long known as indifferent to such principles as personal liberty, human equality and the rule of law but have expanded in “liberal” democracies as their rulers employ purportedly “illiberal” practices more frequently than in the recent past. Indeed, the term “illiberal” seems to have lost its negative aura in the context of state action. We contend that illiberalism represents either an opposition to procedural democratic norms—as disruptive illiberalism—or an ideological struggle—termed ideological illiberalism. We first discuss the term as used in the vast literature on regime types in the debate on authoritarian/democratic hybrid-regimes. We then turn to the key puzzle in what one may call “illiberalism studies”: the rise of illiberal practices and policies in liberal democracies. To inform our analysis empirically, we investigate the ways in which illiberal arguments and institutions (notably camps) were deployed historically and in immigration policy. We conclude with an example of illiberal policy from modern day Hungary.