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The Perils of Self-Directed IRAs
Get PDFIndividual retirement accounts were created in 1974 as tax-sheltered retirement savings for employees whose employer did not offer an employer-provided retirement vehicle. Since then, they have been used primarily as rollover vehicles, such that amounts accumulated under employer-provided retirement plans can be rolled over into an individual retirement account. This Article examines the perils involved with a rollover IRA owner decides to invest his IRA assets in non-traditional assets
Violence Risk Assessment: Current Status And Contemporary Issues
Get PDFDespite the increased use of violence risk assessment instruments in the criminal justice system, they remain the topic of continued discussion and debate. This Article will discuss the state of science and practice as it relates to assessing risk for violent recidivism, highlighting current issues of concern and empirical investigation. We first provide an overview of violence risk assessment and describe the role of violence risk assessments instruments in this process. We then discuss their current status in science and practice, including the accuracy with which violence risk assessment instruments forecast violent recidivism, their impact on criminal justice decisions, and their effectiveness as a strategy to reduce violent recidivism. Finally, we turn our attention to contemporary issues in violence risk assessment, including the notion of fairness and the potential benefits, as well as concerns related to the application of technological and statistical advances in violence risk assessment—most notably, artificial intelligence. We conclude that the use of violence risk assessment instruments represents the state-of-the-art approach, but that there remain critical avenues for continued research and discussion
Violent Crime And Punitiveness: An Empirical Study Of Public Opinion
Get PDFEvidence suggests that the public favors tough punishment for individuals who have been convicted of violent crimes, but why? In order to better understand the factors that contribute to punitive attitudes toward violent crime, or “V-punitiveness,” we analyze data from a recent survey of Wisconsin voters as a part of the Marquette Law School Poll. In sum, respondents generally supported prison terms for individuals convicted of violent crime, but this support was not unwavering and unconditional. While analysis of these data identified several variables that correspond with higher levels of Vpunitiveness, neither fear of violent crime nor personal experiences were among them. Instead, V-punitiveness seems more closely tied to broader sets of social beliefs regarding individual responsibility, traditional values, and the like. Our results suggest that tough responses to violent crime may be supported more for expressive than instrumental reasons. Thus, efforts to change public policy in this area may need to contend with expressive considerations. If reformers wish to change minds about legal responses to violent crime, instrumental arguments based simply on “what works” in reducing violent recidivism may come up short
American Privacy Law at the Dawn of a New Decade (and the CCPA and COVID-19): Overview and Practitioner Critique
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Emerging From Davy Jones’ Locker: The Revival of Counterclaims Against Government in Civil Forfeiture Actions
Get PDFThe thesis of this Article is that a claimant in a civil forfeiture proceeding can assert a counterclaim against the United States government. This assertion is based upon the scope of the Supplemental Rules and in rem jurisdiction
You Catch More Flies With Honey: Reevaluating the Erroneous Premises of the Military Exception to Title VII
Get PDFDiscrimination is a problem in the military. Though Title VII of the Civil Rights Act prohibits employment discrimination in the “military departments,” courts have held that the statute does not apply to members of the military. The primary justification for this judge-made exception is that Title VII suits might have an adverse effect on military discipline. In their haste to condemn suits for military discrimination, however, courts tend to overlook the negative effects discrimination has on discipline, as well as the positive effects of diversity. This Note calls upon Congress to abrogate the military exception to Title VII; in the alternative, it argues that courts should reconsider the exception in light of discrimination’s true effects.
In addition to its eroded policy foundations, the judicial exception to Title VII contradicts the ordinary language of the statute. The term “military departments” naturally includes servicepersons, who are employees, and there is no compelling reason to depart from the statute’s ordinary meaning. The exception is also contrary to the statute’s broad remedial purpose and much of the legislative history surrounding Title VII. The rationales the circuit courts use to conclude that members of the military cannot bring Title VII claims are inconsistent and contradictory, and the exception has resulted in confusion when applied to quasi-military personnel. As such, the military exception to Title VII should be abandoned—left in the past along with other vestiges of discrimination
