Law & Society: Public Law - Crime最新文献

{"title":"Not So Black and White: Uncovering Racial Bias from Systematically Misreported Trooper Reports","authors":"E. Luh","doi":"10.2139/ssrn.3357063","DOIUrl":"https://doi.org/10.2139/ssrn.3357063","url":null,"abstract":"Highway police officers, or troopers, may misreport the race of people that they engage with in order to evade detection of racial bias. I propose a new test of racial bias in the presence of misreporting that is well-suited to explore the rich heterogeneity in bias behavior. Using a unique event in Texas where troopers were caught deliberately misreporting minority motorists as white, I find bias against all minority motorists, but especially against Hispanic motorists. I estimate bias for each trooper and find that over 30% of troopers were engaging in this behavior. Using my trooper level measure of bias, I identify causal relationships between bias and labor outcomes using a panel data set of trooper employment outcomes. I show misreporting was used effectively to evade detection of bias, with bias having no effect on labor market outcomes when the misreporting was possible. I find that after a rule change to trooper stop recording policy in response to the misreporting led to negative labor outcomes for biased troopers, specifically, lower rates of promotion and had lower salary growth. I further test how individual trooper bias changes in response to changes in peer, demographic compositions. In particular, black or Hispanic troopers are sensitive to changes in peer composition, while white troopers are unaffected.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"35 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125726554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Effect of Public Health Insurance on Criminal Recidivism","authors":"E. Aslim, Murat C. Mungan, C. Navarro, Han Yu","doi":"10.2139/ssrn.3425457","DOIUrl":"https://doi.org/10.2139/ssrn.3425457","url":null,"abstract":"We consider a Beckerian enforcement model to identify different channels through which health care access may affect recidivism, and we empirically estimate these effects. By exploiting variation in state Medicaid expansion dates,  we find that increased access reduces recidivism for both violent and public order crimes. Moreover, public coverage expansions substantially increase access to substance use disorder treatment. This effect is salient for individuals who are covered by Medicaid and referred to treatment by the criminal justice system. These findings are most consistent with the theory that increased access to health care reduces ex-offenders' propensities to impulsively commit crimes.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127684420","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The New Insider Trading","authors":"Karen E. Woody","doi":"10.2139/ssrn.3474570","DOIUrl":"https://doi.org/10.2139/ssrn.3474570","url":null,"abstract":"Pursuant to the SEC’s Rule 10b-5, in order to obtain a conviction for insider trading based upon a tipper-tippee theory, the government must prove that the tipper received a personal benefit for the tip, and that the tippee knew about that benefit. The last five years of blockbuster insider trading cases have focused on this seemingly nebulous personal benefit test, and the Supreme Court has been unable to clear the muddy waters. As a result, the parameters of insider trading remain hard to pin down, and often shift depending on the facts of the most recent case. Two terms ago, the Supreme Court, in an unsurprising unanimous decision in Salman v. United States, reaffirmed the holding of Dirks, from which the personal benefit test arose. The Court in Salman, however, failed to elucidate the more problematic areas of insider trading, including the application of the personal benefit test if the tippee is not a trading relative or friend. Legal practitioners, legislators, and academics have offered up various solutions for the problem of having an amorphous law against insider trading, yet none have succeeded. \u0000 \u0000This Article suggests that the hubbub over defining the personal benefit element of insider trading — sure to reach a fever pitch the next time a cert petition on the issue is granted — may be misguided. This is because there may be a simpler way to bring an insider trading case. Since Sarbanes-Oxley, there has been a sleepy provision of the criminal code that could present an end-around to the morass of insider trading precedents under Rule 10b-5. Under 18 U.S.C. §1348, the government can bring an insider trading case under the more general umbrella of securities fraud, which has scant jurisprudential precedent. In other words, the heavily-litigated personal benefit test found in Dirks may not apply to a charge of insider trading under §1348. The elements required to prove a charge under §1348 are similar to other fraud-based offenses such as mail and wire fraud, health care fraud, and bank fraud. Whether §1348 was intended to apply to insider trading in particular is an open question, and a broader question is whether the jurisprudential interpretation for the elements of the crime of insider trading as defined under Rule 10b-5 should be imported into the judicial interpretation of § 1348. In other words, if the conduct that constitutes criminal insider trading under Rule 10b-5 exists only if the elements of the Dirks test are met, then a §1348 charge for criminal insider trading may create an entirely new scheme and definition of the crime. This Article analyzes the potential of this dual paradigm, and argues that, given the uncertainty and shifting parameters of insider trading prohibitions, application of §1348 to insider trading should be afforded the rule of lenity.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"369 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114502628","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Implications of Negotiated Settlements on Debarment in Public Procurement: A Preliminary Inquiry","authors":"Sope Williams-Elegbe","doi":"10.2139/ssrn.3458869","DOIUrl":"https://doi.org/10.2139/ssrn.3458869","url":null,"abstract":"Corporate criminal investigations and subsequent convictions will often lead to further consequences for a corporation, including reputational damage and additional administrative/civil law based actions and penalties, such as debarment from future government contracts (public procurement) or the termination of existing government contracts. However, in some jurisdictions, corporations guilty of criminality are entering into negotiated settlements in the form of deferred or non-prosecution agreements, which often mean the corporation avoids criminal prosecution and conviction. This chapter examines the implications of these settlement actions on the debarment system and whether these settlements undermine the debarment system and anti-corruption enforcement in public procurement. The chapter highlights that the goals of a debarment system, and the objectives of settlement actions are often mutually reinforcing, and although there are similarities in the nature of the factors that the debarment system and the system for settlements consider in permitting firms to avoid the most severe consequences of enforcement; there is a need for a uniform approach for the sake of coordinated responses in the fight against corporate corruption.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127488561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Catch the Thief! Fraud in the U.S. Banking Industry","authors":"Filippo Curti, Atanas Mihov","doi":"10.2139/ssrn.3535934","DOIUrl":"https://doi.org/10.2139/ssrn.3535934","url":null,"abstract":"Little is known about fraud in the financial services sector. Using a rich supervisory dataset, this study dissects fraud at large U.S. banking organizations. We examine the different categories of fraud and their materiality, the recovery from fraud, the time from fraud occurrence to fraud discovery and accounting. We quantify exposure to fraud and study the determinants of fraud at the banking organization level. Lastly, we document a significant effect of fraud on bank credit intermediation. Overall, our analysis provides new, detailed evidence on fraud in the U.S. financial services industry, and its costs and consequences.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"141 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123218965","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Criminal Sanction in Administrative Law: A Right Way to Go? (Applying Criminal Sanction in Administrative Act)","authors":"Nathalina Naibaho","doi":"10.22487/J25272985.2019.V4.I1.12656","DOIUrl":"https://doi.org/10.22487/J25272985.2019.V4.I1.12656","url":null,"abstract":"This article is questioning the problems of formulating criminal sanction in administrative act to solve legal problems in economic activities. This discussion is important, particularly with respect to the heterogeneity of regulations in economic activities. This research argues that this heterogeneity creates legal uncertainty which in turn broader discretion in resolving legal problems in economic activities. This paper will identify the criteria of the offense, which should have criminal sanctions and/or administration in practice law by conducting a review of development of the offenses and sanctions that will influence criminal law in the future.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121991818","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Plus a Life Sentence? Incarceration’s Effects on Expected Lifetime Wage Growth","authors":"Theodore S. Corwin III, Daniel K. N. Johnson","doi":"10.2139/ssrn.3402790","DOIUrl":"https://doi.org/10.2139/ssrn.3402790","url":null,"abstract":"The United States incarcerates citizens at rates higher than those of any other developed nation, with impacts on not only government budgets but economic growth rates. Using the National Longitudinal Survey of Youth for 1997, we model the effects of incarceration on wage growth rates using inverse probability weighted regression adjusted (IPWRA) propensity score matching to recognize the selection bias among the members of the sample who serve prison terms. Results show that incarceration reduces average lifetime income growth by one-third even for a relatively short earning period, with that depth depending on length of sentence, employment history, and education level in some surprising ways.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"134 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133660025","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"States' Varied Compliance with International Anti-Money Laundering Standards for Legal Professionals","authors":"Nathanael Tilahun","doi":"10.1163/15718107-08802004","DOIUrl":"https://doi.org/10.1163/15718107-08802004","url":null,"abstract":"Recent reforms in international anti-laundering regime install legal professionals as gatekeepers by requiring them to take certain due diligence measures and actively cooperate with the state. These requirements have generated controversy and varied compliance among states. The prevailing view in legal academia and profession is that compliance with these requirements is inversely related to the resilience of states’ domestic rule of law system. The article critiques this view: the gatekeeping controversy is a debate taking place among different traditions of rule of law, and not creeping-in from outside the bounds of rule of law. By tracing policy documents, prominent judicial decisions and records of activities of legal professional associations, the article shows that states’ divergent compliance is instead a function of (i) a split in the philosophical inclinations of judiciaries over how the legal profession serves the public interest, and (ii) a turf-war over the administration of the legal profession.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127093813","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Unintended Consequences of 'Ban the Box': Statistical Discrimination and Employment Outcomes When Criminal Histories Are Hidden","authors":"Jennifer L. Doleac, Benjamin C. Hansen","doi":"10.2139/ssrn.2812811","DOIUrl":"https://doi.org/10.2139/ssrn.2812811","url":null,"abstract":"Jurisdictions across the United States have adopted “ban the box” (BTB) policies preventing employers from asking about job applicants’ criminal records until late in the hiring process. Their goal is to improve employment outcomes for those with criminal records, with a secondary goal of reducing racial disparities in employment. However, removing criminal history information could increase statistical discrimination against demographic groups that include more ex-offenders. We use variation in the timing of BTB policies to test BTB’s effects on employment. We find that BTB policies decrease the probability of employment by 3.4 percentage points (5.1%) for young, low-skilled black men.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"459 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121317040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Combating Discrimination Against the Formerly Incarcerated in the Labor Market","authors":"Ifeoma Ajunwa, Angela Onwuachi-Willig","doi":"10.2139/SSRN.3192617","DOIUrl":"https://doi.org/10.2139/SSRN.3192617","url":null,"abstract":"Both discrimination by private employers and governmental restrictions in the form of statutes that prohibit professional licensing serve to exclude the formerly incarcerated from much of the labor market. This Essay explores and analyzes potential legislative and contractual means for removing these barriers to labor market participation by the formerly incarcerated. First, as a means of addressing discrimination by the state, Part I of this Essay explores the ways in which the adoption of racial impact statements — which mandate that legislators consider statistical analyses of the potential impact their proposed legislation may have on racial and ethnic groups prior to enacting such legislation — could help to reduce labor market discrimination against the formerly incarcerated. In so doing, this Part analyzes the influence of racial impact statements in the few states that have implemented them. Part II of this Essay examines the possibility of a contractual solution that could help to decrease discrimination against the formerly incarcerated in the private labor market, particularly by those employers who rely on the labor of imprisoned individuals. Specifically, this Part uses the fact that many private corporations rely on and profit from low-wage prison labor to argue that the state penal institutions that lease prisoners to such corporations should push for contractual agreements that stipulate that corporations relying on prison labor must revoke policies that bar employing the formerly incarcerated upon their release. In addition, this Part explicates how contractual stipulations may also provide for affirmative hiring policies for the formerly incarcerated. Finally, this Essay concludes by highlighting how failure to address continued labor market discrimination against the formerly incarcerated could render the formerly incarcerated a permanent economic underclass, thereby undermining notions of fairness and equality.","PeriodicalId":383610,"journal":{"name":"Law & Society: Public Law - Crime","volume":"170 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128094363","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}