In this article, we examine how regulators, prosecutors, and courts might support and encourage the efforts of organizations to not only reintegrate after misconduct but also to improve their conduct in a way that reduces their likelihood of re-offense. We explore a novel experiment in creative sentencing in Alberta Canada that aimed to try to change the behaviour of an industry by publicly airing the root causes of a failure of one the industry’s leaders. Drawing on this case and prior (...) work, we articulate a model for a responsive and restorative approach to organizational misconduct that balances the punitive role of regulators and courts with new roles in supporting and overseeing rehabilitation. (shrink)

In this article, we examine how regulators, prosecutors, and courts might support and encourage the efforts of organizations to not only reintegrate after misconduct but also to improve their conduct in a way that reduces their likelihood of re-offense (rehabilitation). We explore a novel experiment in creative sentencing in Alberta Canada that aimed to try to change the behaviour of an industry by publicly airing the root causes of a failure of one the industry’s leaders. Drawing on this case and (...) prior work, we articulate a model for a responsive and restorative approach to organizational misconduct that balances the punitive role of regulators and courts with new roles in supporting and overseeing rehabilitation. (shrink)

Multi-stakeholder initiatives (MSIs)—private governance mechanisms involving firms, civil society organizations, and other actors deliberating to set rules, such as standards or codes of conduct, with which firms comply voluntarily—have become important tools for governing global business activities and the social and environmental consequences of these activities. Yet, this growth is paralleled with concerns about MSIs’ deliberative capacity, including the limited inclusion of some marginalized stakeholders, bias toward corporate interests, and, ultimately, ineffectiveness in their role as regulators. In this article, we (...) conceptualize MSIs as deliberative systems to open the black box of the different elements that make up the MSI polity and better understand how their deliberative capacity hinges on problems in different elements. On the basis of this conceptualization, we examine how deliberative mini-publics—forums in which a randomly selected group of individuals from a particular population engage in learning and facilitated deliberations about a topic—can improve the deliberative capacity of MSIs. (shrink)

There is a long-standing and growing interest in democratizing labor unions. Union democracy is important for many reasons, including fostering greater member voice in the workplace and society, improving the internal effectiveness of unions, building members’ capacities to engage in democracy in other contexts, and helping foster union renewal. Despite these benefits, democracy in unions as practiced today is characterized by several problems. In this paper, I analyze several of the remedies to increase union democracy proposed to date by scholars (...) and practitioners, finding that despite their potential positive impacts, many of them may have inherent limitations. I then argue that sortition—the use of lotteries in selecting leaders—shows potential in helping address many of the problems facing union democracy and overcoming the limitations of recent remedies. An important democratic tool in Ancient Athens and other city-states, sortition has a long history in political theory and practice, yet application to unions is in its infancy. I conclude by developing and evaluating several ways in which sortition could be used as a tool in union governance structures, and by discussing the implications of my theorizing for ongoing work on union democracy and union renewal. (shrink)

Businesses and business scholars interested in tackling climate change can benefit by engaging with the innovative but nascent movement of climate assemblies. I articulate three promising ways they can meaningfully engage with this movement.