Category Archives: Policy

The judge and the SEC …

See the article in the Atlantic Wire here. A money quote from the judge:

In much of the world, propaganda reigns, and truth is confined to secretive, fearful whispers. Even in our nation, apologists for suppressing or obscuring the truth may always be found. But the S.E.C., of all agencies, has a duty, inherent in its statutory mission, to see that the truth emerges; and if fails to do so, this Court must not, in the name of deference or convenience, grant judicial enforcement to the agency’s contrivances.

 

Envy of the rich or simply calling out cheaters?

Matt Taibbi has what I consider one of the better treatments on OWS in a recent article in Rolling Stone – “Wall Street Isn’t Winning – It’s Cheating”. It’s one of the few pieces I’ve seen that has included discussion of the underlying problems at play in Wall Street. Here’s video of him discussing the same topic on CNN. And here’s a excerpt from the article: Continue reading

Night of the living old men …

Dun-dun-duhn! In the New York Times, professor Stephanie Coontz ponders over the implications of what is apparently an inevitable growth in the number of old men in this country. It appears that they’re living longer, eating healthier, exercising – and are much less like Mad Men’s Don Draper than they used to be.

It’s obviously good news for men that they are starting to catch up with women in longevity, but let’s not get too far ahead of ourselves in predicting the benefits of this convergence for the relationship prospects of older heterosexual women. The number of men 65 or older may be increasing faster than the number of their female counterparts, but there are still five million more women than men in that age group. And it remains true that older men have more opportunities than older women to repartner with someone of a younger age.

Still, I don’t see a downside to the narrowing gap in male and female life expectancy, although I suppose a woman trapped in an unhappy marriage might not find her husband’s extended lifespan very beneficial. Among unhappy couples, even a few extra minutes a day with one’s spouse raises blood pressure and lowers immune functioning. So imagine the toll that extra years can take.

This is a wrinkle (pun intended, sort of) of the boomer aging phenomenon that I hadn’t really considered. Check out the comments following her story – they’re a fun read.

 

Growing up is hard to do…

No, not a new Neil Sedaka tune – here’s a story about a trend of young men not following traditional paths – excelling in school, workaholic, marriage, etc. From the article: Continue reading

“I’ve become convinced that distance teaching in MPA programs is important.”

Check out my recent prawfs post on distance learning programs here. It highlights an excellent new blog by USC’s Tony Bertelli.

“I would watch the men preening in the Senate and I figured we should give them a little bit of a horse race.”

– Perhaps one of the most sensible policies to emerge from the US Senate – witness “Seersucker Thursday”. From the Senate’s webpage: Continue reading

“The Walking Dead (Stocks)” – on the rise of zombie stocks

The Washington Post reports on the rise of so-called ‘zombie stocks’ — stocks that continue to be traded well after falling out of compliance with Securities and Exchange Commission requirements. Continue reading

“There must be a clear moment when the individual can recalibrate a behavior, make a choice, and act.”

Check out my Prawfs post on feedback loop technology here.

“Turn the switch on, the animal has the memory; turn it off and they don’t: that’s exactly how it worked”

The NY Times reports a recent study published in the Journal of Neural Engineering that suggests that scientists have made a good bit of progress in the effort to improve on retaining and regaining memories through the use of implants. Here’s a snapshot of the research: Continue reading

“At the end of 1980, just before I left office, 500,000 people were incarcerated in America; at the end of 2009 the number was nearly 2.3 million.”

Former president Jimmy Carter weighs in on the war on drugs in the New York Times. Here’s an excerpt: Continue reading

On the topic of deliberation…

Check out my 2nd post on Prawfs on the topic of decision systems here.

New era in California corrections

Well, this should be interesting to watch. The US Supreme Court’s recent decision in Brown v. Plata indicates that California will likely have to drastically reduce its prison population rather drastically over the next couple years Approximately 32,000 inmates must be released to comport with the Court’s close-vote decision which found that the state’s overpopulated prisons were Constitutionally problematic. One upside for the state will be incarceration cost savings – if we assume that each prisoner costs about $50,000/year to incarcerate – a relatively modest estimate – then this means a cost savings of 1.6 billion dollars annually to the state. Yes, that’s billion, not million. On the other hand, we can imagine that there may be significant collateral costs to the state and that these costs may simply be shifted to other entities (expanded demands on policing, local jails, etc.). Given the changing face of California incarceration outlined in this study (document), it will be interesting to see how they go about determining who to release.

More on this here and here.

New review of our book in POP

The recent issue of Perspectives on Politics included a review of our book, “Presidential Rhetoric and the Public Agenda: Constructing the War on Drugs” by Diana Owen (Georgetown University). Here’s a selected passage:

In this important study, Andrew B. Whitford and Jeff Yates move beyond the standard focus on persuasion and build upon the established theoretical frameworks of “agenda setting” and “going public.” They explore the ways in which presidential rhetoric can not only shape opinion but also can influence policy implementation and bureaucratic action. Focusing their analysis on drug policy, the authors demonstrate that presidents can exert leadership authority and change the behavior of even entrenched administrative constituencies through public rhetoric. The detailed case study provides rich historical context documenting presidential administrations’ responses to the “war on drugs” dating back to the 1930s. The authors use a multimethod approach in order to provide empirical evidence that supports their argument that persuasion can translate into action. This study establishes a new benchmark for research on presidential rhetoric.

“This is not going to end well.”

Darwin Award contenders?

Gawker tells us of a new bad idea – tourists can now dangle on the edge of the CNN tower.

The CN Tower, which stretches 116 stories above the Toronto skyline, its “main pod” hovering there like some sort of malevolent spacecraft, will now invite tourists to stroll around its perimeter.

See more here.

It’s official … we’re all middle class

At least this study suggests that the delusion is not a distinctly American phenomenon. See the story here. Gawker sort of weighs in here.

Data Notes: Human Trafficking

Latest from BJS:

Describes the characteristics of human trafficking investigations, suspects, and victims in cases opened by federally funded task forces between January 2008 and June 2010. This report provides information about investigations, persons involved in suspected and confirmed incidents of human trafficking, and case outcomes. Data are from the Human Trafficking Reporting System (HTRS), which was created in response to a congressional mandate in the Trafficking Victims Protection Reauthorization Act of 2005 for biennial reporting on the scope and characteristics of human trafficking. HTRS is currently the only system that captures information on human trafficking investigations conducted by state and local law enforcement agencies in the United States. The report also describes HTRS data collection procedures and data quality issues.

Highlights include the following:

  • Federally funded task forces opened 2,515 suspected incidents of human trafficking for investigation between January 2008 and June 2010.
  • About 8 in 10 of the suspected incidents of human trafficking were classified as sex trafficking, and about 1 in 10 incidents were classified as labor trafficking.
  • The confirmed human trafficking incidents open for at least a year led to 144 known arrests.

Executive branch ideology reconsidered

Anthony Bertelli (USC) and Christian Grose (USC) have posted “The Lengthened Shadow of Another Institution? Ideal Point Estimates for the Executive Branch and Congress “ on SSRN. It will soon be appearing the American Journal of Political Science. Here’s the abstract:

While the president’s relationship to Congress has been carefully studied, the broader executive branch has received far less attention in that context. Scholars rely on assumptions about the relationship between the president and cabinet departments that remain untested. We construct the first statistical portrait of executive branch ideology by estimating ideal points for members of Congress, presidents, and the heads of cabinet-level departments between 1991-2004 in a Bayesian framework. We empirically assess claims about the composition of the president’s administrative team and the influence of institutions on the ideology of principal executive decision-makers. We also test an important claim regarding the tradeoff between ideological congruence and budgetary authority to demonstrate the utility of our estimates for other scholars. Our analysis reveals a new picture of the executive branch as ideologically diverse, casting into doubt some essential assumptions in a substantial body of work on the separation of powers.

New review of our book

We were very pleased to see a new review of our book, Presidential Rhetoric and the Public Agenda: Constructing the War on Drugs, in The International Journal of Press/Politics (by Brandon Rottinghaus). The review is not available online, but here’s a small sample:

Continue reading

Data Notes: Brady Enforcement

New from BJS:

The Brady Handgun Violence Prevention Act (Brady Act) requires criminal history background checks by the Federal Bureau of Investigation (FBI) and state agencies on persons who attempt to purchase a firearm from a licensed dealer. In 2009, the FBI and state agencies denied a firearm to nearly 133,000 persons due to National Instant Criminal Background Check System (NICS) records of felonies, domestic violence offenses, and other prohibiting factors. Enforcement of the Brady Act, 2009 reports on investigations and prosecutions of persons who were denied a firearm in 2009. The report describes how the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) screens denied-person cases and retrieves firearms that were obtained illegally. Statistics presented include charges most often filed against denied persons by United States Attorneys and results of prosecutions. Investigation statistics from two states are also presented. Key statistics are compared for the years 2009 and 2008.

Taxing and spending

Check out taxing here and spending here.

Data Notes: Workplace Violence

New from the BJS:

Highlights include the following:

  • From 2002 to 2009, the rate of nonfatal workplace violence has declined by 35%, following a 62% decline in the rate from 1993 to 2002.
  • Between 2005 and 2009, law enforcement officers, security guards, and bartenders had the highest rates of nonfatal workplace violence.
  • Among workplace homicides that occurred between 2005 and 2009, about 28% involved victims in sales and related occupations and about 17% involved victims in protective service occupations.

State peacefulness measured

Blue is most peaceful; red is least peaceful.

The minds behind the Global Peace Index have now put an index together for the US states. I really thought that Oklahoma would have scored better – what with the farmer and the cowman being friends and all …. See the index in table form below the fold (h/t buzzfeed). Continue reading

Supply and demand … and corporate culture

h/t reddit

The Latest on Mortgage Fraud Prosecutions

New from TRAC:

The data show that during fiscal years 2008, 2009 and 2010, and the first three months of FY 2011, just over half of federal mortgage fraud prosecutions — 1,038 out of a total of 2,015 nationally — were filed in only ten of the nation’s 90-plus districts.

Leading the pack: South Florida, Nevada, Western PA, Southern NY, and Southern Cal.

Union Wars and Academic Freedom

In today’s NYT:

It was a lengthy and speculative examination of a national organization for conservative lawmakers that the professor, William Cronon, believed was partly responsible for what he described as “this explosion of radical conservative legislation.” The post soon received more than a half million hits, he said.

Two days later, on March 17, while attending a conference of historians, Professor Cronon learned that a public records request had been filed by a state Republican Party official demanding access to months of messages on his university e-mail account that referred to certain politicized words and names, including the governor and a number of legislators.

I expect we’ll see more of this. Frances Fox Piven is the most high-profile case but there are plenty of other opportunities.

Data Note: Punitive Damage Awards in State Courts

New from BJS:

Presents findings on civil trials concluded in 2005 in a national sample of state trial courts in which punitive damages were requested or awarded. This BJS report discusses rates of punitive damage requests or awards in major civil categories, such as intentional tort, automobile accident, medical malpractice, product liability, and employment discrimination. The report describes differences in punitive damage activity by different pairings of plaintiff and defendant litigants; highlights findings on punitive damage award amounts; examines ratios of compensatory to punitive damage awards; and compares punitive damages in bench and jury trials. Lastly, it presents information on plaintiff and defendant post-trial and appellate activity in civil trials with punitive damages.

Highlights include the following:

  • Litigants sought punitive damages in 12% of the estimated 25,000 civil trials concluded in 2005.
  • Plaintiffs received punitive damages in 30% of the 1,761 civil trials in which these damages were requested and the plaintiff prevailed.
  • The median punitive damage award was $64,000, and 13% of cases with punitive awards had damages of $1 million or more.

Three Events at the Midwest Political Science Association Meeting

I’m currently president of the Midwest Public Administration Caucus. The Caucus is hosting three events at the Midwest Political Science Association meeting in Chicago.

1.  Herbert Simon Lecture.  Professor Daniel Carpenter, Harvard University, Crystal Room, 3rd Floor.  Saturday,  April 2nd at 4:35 PM.

We are honored to have Dan Carpenter of Harvard give this year’s Herbert Simon Lecture. Dan is the Allie S. Freed Professor of Government and the Director of the Center for American Political Studies at Harvard. His most recent book is Reputation and Power: Organizational Image and Pharmaceutical Regulation at the FDA (Princeton: Princeton University Press, 2010).

My thanks go out to Tom Hammond of Michigan State University, Brandice Canes-Wrone of Princeton, and Mike Ting of Columbia for their service on the committee to select this year’s recipient of the Herbert Simon Award.

At that time we will also take a few minutes for an MPAC business meeting, such that it is.

2.     Roundtable on Public Services in an Economic Downturn. Saturday, April 2nd, 12:45 PM.  Location TBA

This roundtable examines the impact of economic downturns on public services and how public agencies cope with the demand to “do more with less”. Our panelists will be Don Moynihan of Wisconsin, Sean Nicholson-Crotty of Missouri-Columbia, Hal Rainey of Georgia, and B. Guy Peters of Pittsburgh.

3.     Roundtable on Regulatory Competition: Causes and Consequences. Sunday, April 3rd, 8:30 AM.  Location TBA

This roundtable examines the balance of effective regulatory enforcement against the need to attract business and how this may result in regulatory competition between jurisdictions. Our panelists will be Evan Ringquist of Indiana, David Konisky of Georgetown, Dorothy Daley of Kansas, and Neal Woods of South Carolina.

My thanks go out to Colin Provost of University College London for arranging our two roundtables.

I hope you will take time to attend all of these events.

Questioning existing judicial decision making models

Corey Rayburn Young (John Marshall Law School) has posted “How Judges Decide: A Multidimensional Typology of Judicial Styles in the Federal Courts” on SSRN. Here’s the abstract: Continue reading

Of Black Swans and the 2008 Financial Crises

The author of “The Black Swan: The Impact of the Highly Improbable,” Nassim Nicholas Taleb, has posted “Why Did the Crises of 2008 Happen?” on SSRN. The paper “while a standalone invited essay written for a special crisis issue of New Political Economy – synthesizes the various technical documents by the author as related to the financial crisis. It can also be used as a technical companion to The Black Swan (2007-2010). “

I’ll summarize his causes of the crises here, but it is certainly worth reading for yourself (just 5 pages): Continue reading

The Fourth Amendment takes a hit

In Florida it is apparently feasible to obtain a search warrant for all persons entering a general area (in this case, a parking lot). While I sympathize with the state on the facts of this particular situation, this sounds a lot like the types of actions that led to a Revolutionary War – although I’ll admit that the light sabers in the above picture are a bit of a stretch on historical accuracy.  The Volokh Conspiracy has more – here’s a sample: Continue reading

Presidential Opera – “Nixon in China”

Personally, I think I’ll wait for the Broadway musical, but for lovers of opera there is “Nixon in China”. Here’s some wikipedia background for those not familiar with this thrilling musical endeavor:

Nixon in China (1987) is an opera with music by the American composer John Adams and a libretto by Alice Goodman. It is about the visit of United States President Richard M. Nixon to China in 1972, where he met with China’s Chairman Mao Zedong and other Chinese officials.

The work was commissioned by the Brooklyn Academy of Music, the Houston Grand Opera and the John F. Kennedy Center for the Performing Arts. It premiered at the Houston Grand Opera, October 22, 1987 in a production by Peter Sellars with choreography by Mark Morris.

The opera focuses on six key personalities: Nixon and his wife Pat; Jiang Qing (spelled “Chiang Ch’ing” in the libretto) and Chairman Mao (“Mao Tse-tung”); and the two close advisors to the two parties, Henry Kissinger and Zhou Enlai (“Chou En-lai”). It is composed of three acts. The first details the anticipation and arrival of the Nixon cortege and the first meeting and evening in China. The second act shifts focus to Pat Nixon, as she makes tours of rural China, including an encounter at a pig farm. The second scene includes a performance of a Communist propaganda play, in which first Pat Nixon, then her husband and then Jiang Qing, intercede in the performance. The last act chronicles the last night in China, in which the characters dance a foxtrot, their thoughts wandering to their own pasts.

Musically, the opera owes more influence to minimalism than any Asian styles. (John Adams adapted the foxtrot theme from the last act into a concert piece entitled “The Chairman Dances“, published before the opera in 1985. In the intervening period, Adams switched publishers, hence the Foxtrot for Orchestra being published by G. Schirmer and the opera by Boosey & Hawkes.) The libretto, by contrast, was written completely in rhymed, metered couplets, reminiscent of poetic and theatrical styles native to China.

Here’s a clip from  a “Nixon in China” production (Airforce One never looked so good) — Enjoy!

What can baboons teach us about stress?

Robert Sapolsky and an olive baboon share a quiet moment on the Talek River, July 2007 (Credit: John Heminway)

A lot, apparently. National Geographic has a fascinating look at stress via the research of Stanford neurobiologist Robert Sapolsky. Here’s a bit of it: Continue reading

Intriguing graphic of the week – moving back in with your parents

I was reading the Huffington Post (did I just say that?) and came across this curious graphic (above). It’s a stunning depiction of the times in which we live, but I’m still wondering – does moving back in with your parents have the same stigma that it did, say, twenty years ago? I’m guessing that it doesn’t but I can’t really come up with a good reason why – it’s just a feeling. You can find the rest of the post here.

Another Review of “Presidential Rhetoric and the Public Agenda: Constructing the War on Drugs”

A review of our book by Chad Murphy can be found in Political Communication. Here’s an excerpt: Continue reading

Airplane terrorism is not new

A hijacker points his pistol from the cockpit of TWA Flight 847 as an ABC news crew approaches the jet for an interview at Beirut International Airport on June 19, 1985.

Check out this scenario: Continue reading

Overkill

Lyrics – Colin Hay

I can’t get to sleep
I think about the implications
Of diving in too deep
And possibly the complications

Especially at night
I worry over situations
I know I’ll be alright
Perhaps it’s just imagination

Day after day it reappears
Night after night my heartbeat shows the fear
Ghosts appear and fade away

Alone between the sheets
Only brings exasperation
It’s time to walk the streets
Smell the desperation

At least there’s pretty lights
And though there’s little variation
It nullifies the night from overkill

Day after day it reappears
Night after night my heartbeat shows the fear
Ghosts appear and fade away
Come back another day

I can’t get to sleep
I think about the implications
Of diving in too deep
And possibly the complications

Especially at night
I worry over situations
I know I’ll be alright
It’s just overkill

Day after day it reappears
Night after night my heartbeat shows the fear
Ghosts appear and fade away
Ghosts appear and fade away
Ghosts appear and fade away

Live version

Review of “Presidential Rhetoric and the Public Agenda: Constructing the War on Drugs”

Here’s an excerpt of a review of our book, “Presidential Rhetoric and the Public Agenda: Constructing the War on Drugs,” in the journal Contemporary Sociology. Continue reading

On perceiving the Rule of Law

Often times perception is arguably as important as reality. Indeed the perception of the Rule of Law may influence important real world outcomes. How do citizens come to perceive the viability of the Rule of Law in their country? In a recent paper we (myself, Andy Whitford and David Brown) address this concern. The title of the paper is “Perceptions of the Rule of Law: Evidence About the Impact of Judicial Insulation.” Check out the syllabus below and, of course, feel free to download the paper via SSRN here. Continue reading

On enforcement and international relations

On the prison to poverty cycle

Slate has an interesting article on the prison to poverty cycle — here’ s an excerpt: Continue reading

Top 25 most dangerous neighborhoods in America…

Brought to you by Walletpop [h/t to Keith Gaddie].

For the second year in a row, using exclusive data developed by Dr. Andrew Schiller’s team at NeighborhoodScout.com, and based on FBI data from all 17,000 local law enforcement agencies, WalletPop reveals the top 25 most dangerous neighborhoods with the highest predicted rates of violent crime in America.

See 21 to 25 below the fold and the rest at the link that follows. Continue reading

Remembering the Gipper, tax policy, and Judas Priest

A recent article in Yahoo news recalls the tax policies of Ronald Reagan in relative space. Perhaps surprisingly, tax policy and Ronald Reagan weren’t high on my list of relevant topics during this time period. Here’s a random eighties music video to provide the flavor of the times …

Committing ‘The Perfect Crime’ – a.k.a. Anyone up for a picnic at Yellowstone national park?

Just when you thought is was safe to go back into Idaho ….

In “The Perfect Crime,” author Brian C. Kalt (Michigan State College of Law) argues that it may be possible to commit crimes and get off scott free in certain areas of Idaho where – for a complex set of reasons – it is darn near impossible to prosecute. The article can be found on SSRN here and also in the Georgetown Law Journal. The article is dated 2005, but an email exchange with the author suggests that this potential crime loophole has not been fixed. Here’s the abstract: Continue reading

Increased Removals of Noncitizens

Recent chatter on NPR noted that there’s been a quiet revolution in the Obama Administration re immigration renewals (and prosecution of businesses breaking immigration laws, too). The data appear to confirm. Says TRAC:

Just released figures from Immigration and Customs Enforcement (ICE), however, show that during the first nine months of FY 2010, 279,035 non-U.S. citizens were removed* from the country as a result of ICE enforcement. This number is ten (10) percent more than the same period during FY 2008 — the last fiscal year of the Bush administration. This represents almost a doubling of the rate of removals that have taken place during the past five years.

Privacy as a two way street?

In a recent issue of Popular Mechanics, Glenn “Instapundit” Reynolds provides some interesting insights on privacy law and policy and how the age of widespread technology sees government monitoring citizens and citizens monitoring government. My thoughts on the matter can be summarized as:

Government monitoring citizens = worthy of serious concern and regulation; sometimes necessary, but opens the door to significant abuses of discretion by agents of the state

Citizens’ monitoring of government = almost always a good idea; could be used for ill purposes though; worthy of very limited regulation

In both cases the potential for distortion of the truth is a serious problem – both in taking things out context and in manipulating images and audio.

Here’s an excerpt or two from Reynolds:

There’s a difference, though. In the old days, ordinary people didn’t have much privacy, but neither did big shots. By contrast, today’s government officials and big corporations often want to watch us, but they don’t want to be watched in return. Shopping malls are full of security cameras, but many have signs at the entrance telling customers that no photography or video recording is allowed. Police cars have dashboard cameras, cities and counties are posting red-light and speed-limit cameras, and it seems that the dream of many government officials is to put every public space under 24-hour video watch. But try shooting photos or video of police or ­other public officials as they go about their business and you might find yourself in wrist restraints.

….

Under the law, citizens have no right not to be photographed in public places. So why should people who make their living on the taxpayers’ dime enjoy greater freedom from public scrutiny than the taxpayers themselves? Civil liberties groups have begun supporting the trend toward a video-enabled populace. The Eastern Missouri chapter of the American Civil Liberties Union sends out volunteers with cameras, though they have faced police hostility at times.

Over the long haul, such efforts may be superfluous. The widespread availability of digital cameras and video-capable cellphones means that ubiquitous surveillance on the part of the little guys is moving, if anything, even faster than ubiquitous surveillance on the part of the big boys. And distribution tools like YouTube make it easier to get the footage to a large audience.

I think that’s a good thing. Today’s pervasive surveillance may seem like something out of 1984, but access to technology has become a lot more democratic since Orwell’s time. Big Brother had a network of security cameras, but could that oppressive regime have survived a network of cellphones?

[More from the article here.]

A vanishing American middle class?

Michael Snyder seems to think so. While we might attach different meanings to following statistics, they are compelling:

•    83 percent of all U.S. stocks are in the hands of 1 percent of the people.
•    61 percent of Americans “always or usually” live paycheck to paycheck, which was up from 49 percent in 2008 and 43 percent in 2007.
•    66 percent of the income growth between 2001 and 2007 went to the top 1% of all Americans.
•    36 percent of Americans say that they don’t contribute anything to retirement savings.
•    A staggering 43 percent of Americans have less than $10,000 saved up for retirement.
•    24 percent of American workers say that they have postponed their planned retirement age in the past year.
•    Over 1.4 million Americans filed for personal bankruptcy in 2009, which represented a 32 percent increase over 2008.
•    Only the top 5 percent of U.S. households have earned enough additional income to match the rise in housing costs since 1975.
•    For the first time in U.S. history, banks own a greater share of residential housing net worth in the United States than all individual Americans put together.
•    In 1950, the ratio of the average executive’s paycheck to the average worker’s paycheck was about 30 to 1. Since the year 2000, that ratio has exploded to between 300 to 500 to one.
•    As of 2007, the bottom 80 percent of American households held about 7% of the liquid financial assets.

See the rest here and here.

“I’ve got nothing to hide”

I’m really glad that Daniel Solove (George Washington University) recently posted ” ‘I’ve Got Nothing to Hide’ and Other Misunderstandings of Privacy” on SSRN. Now I can simply tell people to read this paper when they make this argument. Here’s the abstract:

Abstract:
In this short essay, written for a symposium in the San Diego Law Review, Professor Daniel Solove examines the nothing to hide argument. When asked about government surveillance and data mining, many people respond by declaring: “I’ve got nothing to hide.” According to the nothing to hide argument, there is no threat to privacy unless the government uncovers unlawful activity, in which case a person has no legitimate justification to claim that it remain private. The nothing to hide argument and its variants are quite prevalent, and thus are worth addressing. In this essay, Solove critiques the nothing to hide argument and exposes its faulty underpinnings.

Building a more sustainable aristocracy

States have created more sustainable wealth for the rich by getting rid of the “rule against perpetuities” — What?! That thing that gave me fits to learn in law school? Next thing you know, they’ll be getting rid of the “The Rule in Shelley’s case”. But seriously, in the future, even wealthy idiots won’t be able to lose their inheritance to creditors or taxes – regardless of how foolishly they live their lives – it’s all done through trusts. Check it out:

AMERICANS have always assumed that wealth comes and goes. A poor person can work hard, become rich and pass his money on to his children and grandchildren. But then, if those descendants do not manage it wisely, they may lose it. “Shirtsleeves to shirtsleeves in three generations,” the saying goes, and it conforms to our preference for meritocracy over aristocracy.

Continue reading

Death in American Jails

New:

  • From 2000 through 2007, local jail administrators reported 8,110 inmate deaths in custody. Deaths in jails increased each year, from 905 in 2000 to 1,103 in 2007.
  • The mortality rate per 100,000 local jail inmates declined from 152 deaths per 100,000 inmates to 141 per 100,000 between 2000 and 2007, while the jail inmate population increased 31% from 597,226 to 782,592.
  • Between 2000 and 2007, the suicide rates were higher in small jails than large jails. In jails holding 50 or fewer inmates, the suicide rate was 169 per 100,000; in the largest jails, the suicide rate was 27 per 100,000 inmates.

Identity Theft on the Rise

From BJS:

  • The number of households with at least one member who experienced one or more types of identity theft increased 23% from 2005 to 2007.
  • From 2005 to 2007, the number of households that experienced credit card theft increased by 31% and the number that experienced multiple types during the same episode increased by 37%.
  • During the 6-month period in 2008 for which identity theft victimization data was collected as part of the regular NCVS, 3.3% of households discovered that at least one member had been a victim of one or more types of identity theft.