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Agency Incentives and Disparate Revenue Collection: Evidence from Chicago Parking Tickets
Get PDFWe examine enforcement patterns in administering parking tickets for failure to purchase vehicle registration, colloquially known as the sticker fine, across ticketing agencies in Chicago. Leveraging a sharp 2012 sticker fine increase in an event-study framework, we find that Chicago police increased their enforcement of sticker non-compliance across Black relative to non-Black neighborhoods, but find no disparate response in the ticketing behavior of other parking enforcement agents. This significant disparity in ticketing by police officers is not driven by changes in compliance or differences in neighborhood characteristics, but rather differential enforcement. We present suggestive evidence of differences in officer incentives and marginal parking enforcement costs as key mechanisms. An officer-specific decomposition provides evidence that disparate enforcement is not concentrated among a small handful of officers, but is instead a broader departmental phenomenon. We link this disparate enforcement to a widening of the financial instability gap across neighborhoods, including increased rates of ticket non-payment and bankruptcy filings
Public Health Messages And The First Amendment: Graphic Warning Labels Struck Down
No full textTwenty-five years ago, the Food and Drug Administration (FDA) attempted-for the first time-to use its statutory authority to regulate tobacco products. Commissioner David Kessler contended that nicotine was a drug and cigarettes were a delivery system (a device), and both could be regulated by the agency with existing authority. In FDA v. Brown & Williamson (2000), the US Supreme Court disagreed, ruling that the FDA did not have implied power to regulate tobacco because Congress would not “delegate a decision of such economic and political significance to an agency in so cryptic a fashion.” This opinion was among the first to explore the “major questions” theory, which the US Supreme Court elevated to doctrine in West Virginia v. EPA (2022)
Canada Welcomes Tundra’s Immortality Project to Prevent Death (Wall Street Journal, July 13, 2060, p. D1, “Travel and Leisure” Section)
No full textWealthy individuals have many adventures to choose from in today’s world, including visiting the moon and spending time in the deepest canyons of the ocean. But the most coveted waiting list is sponsored by a Canadian startup corporation, Tundra, Inc., which has just obtained the Canadian government’s approval to offer its clients a chance to participate in its immortality project.
Tundra is using the research phase of its immortality project not only to recruit clients, but also to educate them on the risks (and benefits!) of trying out their new product line. The technology involved is a trade secret, but the immortality process used by the corporation can be simply summarized. The client’s entire body will be frozen in vitro while still alive (reincarnation is not an option). The brain will be removed from the body and transferred to a single occupant space-capable capsule where its contents will be uploaded into a quantum computer at 100-year intervals indefinitely or until the participant withdraws consent for continuing the exploration. A copy of the brain will be regularly updated by AI and stored at a body depository on the planet of the participant’s choice (currently limited to Earth)
The Bi-Partisan Enabling of Presidential Power: A Review of David Driesen\u27s The Specter of Dictatorship: Judicial Enabling of Presidential Power (2021)
Get PDFIn The Specter of Dictatorship: Judicial Enabling of Presidential Power, David Driesen questions the unitary executive theory and other doctrines of unchecked executive power. He offers primarily a critique of purposivism, a mix of original public meaning and more recent history illuminating those purposes: the Founders’ anti-tyranny purpose and then the rise of European tyranny from Nazi Germany to contemporary Hungary, Turkey, and Poland./= / \u3e/= / \u3eThis review first focuses on Driesen’s approach to Congress: He identifies the broad congressional delegation of powers to the president as a source of expansive executive power, but he does not entertain that doctrines of deference to agencies and executive power may be a problem, nor whether some doctrines (e.g., limiting Chevron or expanding non-delegation) may be potential solutions. Second, the problem of enablement is not just judicial: Presidents use the appointment process to stack the courts with lawyers who had significant experience exerting and/or expanding executive power: a pipeline from Article II lawyers to Article III judges. Third, on the question of anti-tyranny from the Founding to more modern European examples, some of Driesen’s evidence (especially Poland) may be counter-evidence in favor of stronger separation of powers as a check against ambitious party leaders. Driesen’s account of the Founding is more accurate than the unitary theorists’ account, but he assumes that the anti-unitary position is the pro-liberty position. The unitary advocates have their own good-faith theory of liberty, even if that theory is a reflection of 1980s Republican ideology, more than of the 1780s republican ideology
Bolstering the Asian American Law Library Collection: A Collection Development Guide
Get PDFAn increase in Asian American hate crimes has compelled law librarians to consider their collection development decisions due to a gap in Asian American law library collections. Guidance for increasing Asian American–related materials, however, is sparse. This article aims to fill this gap by discussing the importance of representation, tips on how to perform a diversity audit, and suggestions for Asian American law-related titles
Somewhere, USA
No full textAfter Life is a collective history of how Americans experienced, navigated, commemorated, and ignored mass death and loss during the global COVID-19 pandemic, mass uprisings for racial justice, and the near presidential coup in 2021 following the 2020 election. Inspired by the writers who documented American life during the Great Depression and World War II for the Works Progress Administration (WPA), the editors asked twenty-first-century historians and legal experts to focus on the parallels, convergences, and differences between the exceptional long 2020 , while it unfolds, and earlier eras in U.S. History.Providing context for the entire volume, After Life’s Introduction explains how COVID-19 and America\u27s long history of inequality, combined with a corrupt and unconcerned federal government, produced one of the darkest times in our nation’s history. Discussing the rise of the COVID-19 death toll in the United States, eventually exceeding the 1918 flu, the AIDS epidemic, and the Civil War, it ties public health, immigration, white supremacy, elections history, and epidemics together, and provides a short history of the Black Lives Matter protests of 2020 and the beginnings of a Third Reconstruction.After Life documents how Americans have dealt with grief, pain, and loss, both individually and communally, and how we endure and thrive. The title is an affirmation that even in our suspended half-living during lockdowns and quarantines, we are a nation of survivors—with an unprecedented chance to rebuild society in a more equitable way.Contributors include: Gwendolyn Hall, Heather Ann Thompson, Jacquelyn Dowd Hall, Keith Ellison, Keri Leigh Merritt, Martha Hodes, Mary Kathryn Nagle, Mary L. Dudziak, Monica Muñoz Martinez, Peniel E. Joseph, Philip J. Deloria, Rhae Lynn Barnes, Robert L. Tsai, Robin D. G. Kelley, Scott Poulson-Bryant, Stephen Berry, Tera W. Hunter, Ula Y. Taylor, and, Yohuru Williams
The Right to Counsel in a Neoliberal Age
No full textWhen I was a public defender in New York City, I also helped run a court watching program. Volunteers, most of whom were white, college educated, and witnessing arraignments for the first time, would often ask me to explain why the most important person in the courtroom, the accused, remained virtually silent throughout proceedings. Similarly, many expressed surprise at the speed of proceedings. How could someone’s first court appearance, which so directly affects their entire life, be so hasty, so impersonal? One volunteer told me of a defendant who dared to speak up. To her dismay, the judge, then the defense counsel, both rushed to hush him. I explained that they were probably trying to protect the defendant from making an incriminating statement in front of the prosecutor. But my explanation did not satisfy. It seemed as if protecting defendants from self-incrimination was the lawyer’s paternalistic ruse to keep a defendant quiet and steamroll over their preferences. Is the solution then to make criminal courts and lawyers more receptive to the voices and choices of people accused of a crime
Health Law: Cases, Materials and Problems, Abridged, 9th edition
No full textThis abridged edition uses the organization and methods that health law teachers and students have found so helpful over the last eight editions of the casebook. This book is designed specifically for survey courses in health law that aim at introducing students to the full range of health law issues in a single survey course. As with the full casebook, this abridged version includes chapters covering health care quality, access, equity, organization, finance, and bioethics, but some sections and chapters of the full casebook are deleted and note material is less comprehensive. This abridged version is well suited for health law courses taught in law schools with a single health law course and for courses taught in health administration, public health, and medical and other health professions programs. The book offers new cases, statutory materials, and classroom-tested problems, along with succinct and sharpened notes, comments, charts, and other teaching materials. It is fully up-to-date as of mid-2021, including the many issues raised by the COVID-19 pandemic
An Institute of One\u27s Own: Polly Bunting\u27s Messy Experiment Of Helping Women Navigate Work-Family Conflict
Get PDFMaggie Doherty, The Equivalents: A Story of Art, Female Friendship, and Liberation in the 1960s (2021).
In 1960, Mary (“Polly”) Ingraham Bunting, newly-appointed President of Radcliffe College, wrote an essay for The New York Times Magazine to encourage applications to the new Radcliffe Institute for Independent Study. In the essay, Bunting connected the Institute’s goal of ending the “waste of highly talented, educated womanpower” to helping women as well as to better realizing America’s “heritage” and “aspirations.” The Institute would help “intellectually displaced women”—mothers whose homemaking and childcare responsibilities had interrupted their careers—get back on track through a financial stipend of up to $3,000, access to Harvard’s library resources, a private office, and formal and informal exchange.
As Maggie Doherty recounts in her engaging book, The Equivalents: A Story of Art, Female Friendship, and Liberation in the 1960s, Bunting, a microbiologist and educator, first conceived this “messy experiment” in “a national war room populated almost entirely by men”: she served on a Cold War-era committee formed by the National Science Foundation after the Soviet Union’s launch of Sputnik to study education in the U.S. and steer more resources and students into science and engineering. (Pp. 58-59.) Publicity for the Institute echoed Cold War rhetoric about the national risk of not utilizing women’s talents, but also stressed the risk to families and marriages: “This sense of stagnation can become a malignant factor even in the best of marriages . . . when the gifted woman must spend her time inventing ways to employ herself mentally and failing, or only half-succeeding, may turn against the marriage itself in sheer frustration.” (P. 68.) If this rhetoric brings to mind Betty Friedan’s famous articulation of “the problem that has no name,” in The Feminine Mystique, it may be because Bunting and Friedan initially planned to collaborate on the book. However, the collaboration ended because Bunting resisted Friedan’s approach of viewing the dynamic “in terms of men against women,” instead of (as Bunting perceived it) a “climate of unexpectation” about women’s roles “in which both men and women were trapped”: that women could not have both family and career so that any pursuit of intellectual goals would be at a cost to their personal lives. (Pp. 63, 65.) Bunting viewed the Institute as a way to change that climate. (P. 63.