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Dead Canaries in the Coal Mines: The Symbolic Assailant Revisited
Get PDFThe well-publicized deaths of several African-Americans—Tamir Rice, Philando Castile, and Alton Sterling among others—at the hands of police stem from tragic interactions predicated upon well-understood practices analyzed by police scholars since the 1950s. The symbolic assailant, a construct created by police scholar Jerome Skolnick in the mid-1960s to identify persons whose behavior and characteristics the police view as threatening, is especially relevant to contemporary policing. This Article explores the societal roots of the creation of a Black symbolic assailant in contemporary American policing.
The construction of African-American men as symbolic assailants is one of the most important factors characterizing police interaction with African-American males. This is not a one-size-fits-all approach to Blackness. As the Article discusses, police officers’ treatment of African-American women is also fraught, and in some cases police treat Black women in a way that, while still disparaging, is markedly different from the way that Black men are treated. I argue that current strategies for ending police violence do not sufficiently address the prominence of the symbolic assailant in proactive policing strategies. This Article suggests an unusual solution to commonly understood mechanisms of addressing police violence. Based on my experience with police who had productive relationships with crime victims of color, I suggest a reorientation of policing practices predicated on a more reactive model of policing
Tax Controversies: Practice and Procedure, 4th
Get PDFThis casebook teaches the mechanics of tax procedure, while stimulating students to think about the broader issues that underlie its structural framework. Tax Controversies: Practice and Procedure begins with an overview of civil tax procedure and an in-depth discussion of the federal tax gap and the many approaches to closing it. Several of the next chapters focus on stages in the chronology of a typical tax controversy, from examination through eventual litigation. Two chapters focus on tax research and representing tax clients, and another chapter addresses ethics issues in tax cases. An underlying theme—the extent to which the current procedural rules encourage or discourage voluntary compliance with the federal tax system—runs throughout the book.
• Suitable for J.D. or LL.M. students, or for use in a tax clinic.
• Each casebook chapter includes theory questions and a set of fact-based problems to encourage strategic thinking. Several chapters include optional drafting problems.
• Teacher’s Manual provides detailed answers to the problem sets, suggests approaches to the material, and highlights topics more suitable for an advanced course.
• This edition is thoroughly updated to reflect developments in the law since the previous edition.
• Separate Documents Volume, Tax Controversies: Statutes, Regulations, and Other Materials, is also available.https://www.repository.law.indiana.edu/facbooks/1187/thumbnail.jp
According to the Dean: Public service and public service loan forgiveness: a commitment to our state and our nation
Get PDFA student loan bill proposed by Congress is troublesome for those who worry about encouraging our best and brightest to commit to state and national service. Among other provisions, the bill – known as the PROSPER Act – would eliminate the Public Service Loan Forgiveness (PSLF) Program. The repeal apparently will do little for the federal budget, but the predictions are it will adversely affect government, the military and public-interest organizations that have relied on the program for attracting and retaining talent.
Hidden among the partisan rhetoric are issues of real importance to the state – and compelling stories about good people doing good work. I thought readers of this column might appreciate some background about the proposed bill and some of the reasons why the Public Service Forgiveness Program has been important
The Interpretation and Effect of Permissive Forum Selection Clauses Under U.S. Law
Get PDFA forum selection clause is a form of contractual waiver. By this device, a contract party waives its rights to raise jurisdictional or venue objections if a lawsuit is initiated against it in the chosen court. The use of such a clause in a particular case may therefore raise a set of questions under contract law. Is the waiver valid? Was it procured by fraud, duress, or other unconscionable means? What is its scope? And so on. Unlike most contractual waivers, though, a forum selection clause affects not only the private rights and obligations of the parties, but something of more public concern: the jurisdiction of a court to resolve a dispute. The enforcement of such a clause therefore raises an additional set of questions under procedural law. For instance, if the parties designate a court in a forum that is otherwise unconnected to the dispute, must (or should) that court hear a case initiated there? If one of the parties initiates litigation in a non-designated forum that is connected to the dispute, must (or should) that court decline to hear the case?
This report, prepared for the International Academy of Comparative Law in connection with its XXth International Congress, analyzes the approach to these questions in the United States. The bottom line is straightforward: almost always, in consumer as well as commercial contracts, forum selection clauses will be enforced. Navigating the array of substantive, procedural, and conflicts rules whose interplay yields that result, though, is far less straightforward. That is the task of this report. Following a short background, it surveys current state law on their use, in consumer as well as commercial contracts. The report then discusses the interpretation and enforcement of forum selection clauses in both state and federal courts. It analyzes their effect on jurisdiction as well as on doctrines involving venue, such as removal and forum non conveniens. The report also covers choice of law problems, particularly as they arise in the course of litigation in federal courts
Innovation Diffusion in the Legal Industry
Get PDFThis article is adapted from a series of blog posts originally found in my recently-started blog entitled Legal Evolution. The foundational material set forth in this article (and in those blog posts) applies to the legal services market insights gained from disciplines other than law. This article begins by setting forth the well-established theory of an innovation diffusion curve and the research that has identified the factors that affect the rate of adoption of innovations. This article identifies why innovation in the legal services market is desirable and applies to the legal services field insights drawn from this research in other fields. In the course of presenting these theories, the article explains why and how research about things such as the speed of adoption of hybrid corn seed is directly relevant to lawyers and law firms. It also identifies factors that can promote innovation within a law firm and factors that can inhibit innovation within a law firm, including the challenges that firms face because factors that promote the initial stage of innovation may later hamper its widespread implementation. In addition to the discussion of the applicability of the innovation diffusion curve to the legal services market, this article discusses the relevance of work that has been done outside of law to identify when an innovation is likely to cross the chasm between early adopters and an early majority and the relevance of Gartner\u27s work about the impact and stages of hype. This article also explains the crucial role that communication channels, such as the Legal Evolution blog, can play in fostering innovation within the legal services market and explains how the foundational understanding set forth in this article can help promote legal services innovation and can help one understand the reasons for the successes-and failures-of legal services innovation.
Although the content of this article originally was published in the foundational posts of the Legal Evolution blog, publication of this article means that my presentation of research from other fields and the conclusions I draw from that research can reach those who prefer a more traditional method of transmission. I thank the editors of Penn State\u27s Dickinson Law Review for recognizing the importance of these issues and for agreeing to publish this article which does not fit the traditional heavily-footnoted law review format
Policing Corruption Post- and Pre-Crime: Collective Action and Private Authority in the Maritime Industry
Get PDFHow are we to understand the proliferating attempts amongst transactional corporations (TNCs) at collectively reducing the risk of corruption in business operations and interactions with state officials around the world? How are these endeavors linked to transformations of public and private authority in the global political economy? Premised on the observation that corruption is globalized and the growing efforts at tackling it equally so, this article draws on the literatures on private authority, governmentality, and criminological studies to explore anticorruption in terms of pre-crime and post-crime policing. The case of the maritime industry is analyzed, including the ways in which corruption is policed post-crime by governments and pre-crime by a collective action initiative, the Maritime Anti-Corruption Network (MACN). The paper finally discusses how the incipient collective policing of corruption undertaken by corporations nowadays intersects with changes in the organization of public and private authority. Corporate policing of corruption does not imply a simple shift from public toward private authority, but rather a growing emphasis on pre-crime interventions in a largely disaggregated, polycentric, and liquid global governance set-up, with corporations and their collective action initiatives emphasizing anticipatory logics and attempts at forestalling corruption
Digital Weberianism: Bureaucracy, Information, and the Techno-rationality of Neoliberal Capitalism
Get PDFThe social infrastructures that constitute both public and private administration are increasingly entangled with digital code, big data, and algorithms. While some argue these technologies have blown apart the strictures of bureaucratic order, we see more subtle changes at work. We suggest that far from a radical rupture, in today\u27s digitizing society, there are strong traces of the logic and techniques of Max Weber\u27s bureau; a foundational concept in his account of the symbiotic relationship between modernity, capitalism, and social order. We suggest the manner through which these techniques have shaped contemporary systems of social administration helps explain the remarkable legitimacy digital governance has acquired. We do this by exploring how digital technologies draw from, and give new substance to, the three key principles of Weber\u27s theory of the bureau-efficiency, objectivity, and rationality. We argue that neoliberalism, or the widespread economization of politics, has conditioned the digital versions of these principles, not least by subordinating social ends to technical means. At the same time we argue that digitalism engenders the privatization of authority, not least through its elective affinity with market logics
Islam\u27s (In)compatibility with the West?: Dress Code Restrictions in the Age of Feminism
Get PDFMany secular Western countries have adopted some form of legislation regulating a woman\u27s ability to wear traditional Islamic coverings. These governments often cite concerns for gender equality to justify the regulations. Although it is certainly true that some women are forced to wear hijab, many women cover by choice. These women\u27s choices may be rooted in their faith, but the decisions are also commonly linked to other factors like culture. Thus, this Note argues, regulations that prevent a woman from choosing how to dress do not enhance her rights. Rather, the regulations replace a feared authoritarian man with an overly paternalistic government. The conflict between Western choice feminism, secularism, and hijab was readily prevalent in the summer of 2016, when some French beaches implemented the so-called Burkini Ban. Though the local governments contended the bans were based on concerns for secularism and hygiene, this Note argues the policies are more easily explained by widespread Islamophobia. Ultimately, this Note concludes Western countries\u27 attempts to force choice feminism on a religion-or perhaps more appropriately a culture-they do not fully understand actually hinders progress toward gender equality