Semi-Annual Report to Congress for the Period of April 1, 1985 to September 30, 1985

[Excerpt] This semiannual report covers the activities of the Department of Labor\u27s Office of Inspector General for the period April 1 through September 30, 1985. Indicative of audit trends are the numerous economy and efficiency findings and recommendations pertaining to the operations of the various Agencies of the Department. Investigations, meanwhile, continued to show strong statistical increases, partially attributable to our success in clustering similar cases for prosecution and in seeking recovery for the cost of investigations from successful prosecutions. Labor Racketeering continues to pursue significant employee pension and health fund embezzlements

Hastings Law News Vol.9 No.17

https://repository.uclawsf.edu/hln/1090/thumbnail.jp

Semi-Annual Report to Congress for the Period of October 1, 1985 to March 31, 1986

[Excerpt] This semiannual report covers the activities of the Department of Labor\u27s Office of the Inspector General for the period October 1, 1985 through March 31, 1986. During this semiannual reporting period, we have continued our efforts to improve program management and operations within the Department of Labor. Audit initiatives resulted in numerous economy and efficiency findings and recommendations regarding Department Agency operations. The increasing utilization of the clustering strategy by Investigations delivered a strong statistical increase in successful prosecutions. Labor Racketeering continued its efforts to curtail significant employee pension and health fund embezzlements

Detection Avoidance

In practice, the problem of law enforcement is half a matter of what the government does to catch violators and half a matter of what violators do to avoid getting caught. In the theory of law enforcement, however, although the state’s efforts at detection play a decisive role, offenders’ efforts at detection avoidance are largely ignored. Always problematic, this imbalance has become critical in recent years as episodes of corporate misconduct spur new interest in punishing process crimes like obstruction of justice and perjury. This article adds detection avoidance to the existing theoretical frame with an eye toward informing the current policy debate. The exercise leads to several conclusions. First, despite recent efforts to strengthen laws governing obstruction and perjury, sanctioning is relatively inefficacious at discouraging detection avoidance. Sanctions send a mixed message to the offender: do less to avoid detection, but to the extent you still do something, do more to avoid detection of your detection avoidance. The article argues that detection avoidance is more effectively deterred through the structural design of evidentiary procedure (inclusive of investigation). Specifically advocated are devices that exploit the cognitive shortcomings of potential avoiders and the strategic instability of their cooperative arrangements, thereby lowering the cost effectiveness of devoting resources to avoiding detection

Constitutional law and freedom of expression: a critique of the Constitution of the public sphere in legal discourse and practice with special reference to 20th century American law and jurisprudence

Freedom of expression has been postulated in the American legal system as a constitutional right and the Federal Judiciary has undertaken to enforce it against legislative enactments that abridge it. Thus, the various liberal and democratic justifications for the free exchange of ideas, opinions and information have been moulded in legal theory and practice with the theory of constitutionalism. Constitutionalism is analysed as the amalgam of the theories of natural law, legal positivism and popular sovereignty. In the 19th century the natural law element predominated and freedom was identified with property rights. But after the New Deal, the democratic element and political freedom asserted a central position in constitutional discourse. Constitutional theory, however, remained within a paradigm dominated by concepts of the classical political philosophy: power is presented as a unitary essence, law as a unified and coherent body of rules and legitimation as a normative characteristic of the sociopolitical order, while the Constitution represents the unity of these elements. The constitutional mode of discourse built around these concepts, seeks to emphasize the legal and social continuity guaranteed by the Constitution and the Supreme Court but is a poor description of the mass democratic- welfare state. Power should be examined as relational, law as a social process politically determined and contradictory and legitimation as a complex and contested characteristic not exclusively normative. American law and jurisprudence on freedom of expression are then examined. The cases are analysed as the political claims of groups and individuals to enter the public sphere; judicial intervention is one of the means through which the latter is constituted. Issues, ideas, individuals and organisations claim participation in it and through their officially sanctioned admission/exclusion the parameters of public discourse are continuously contested and differentially demarcated in each historical moment. Four periods of free speech adjudication are distinguished, each of which presents thematic and doctrinal similarities. The "bad tendency" of speech doctrine was utilised in the first quarter of the century against socialists, pacifists and syndicalists. In the 30s and 40s the contextual characteristics of expression became the subject of regulation and the legal persecution of political dissenters became relaxed. But in the 50s and 60s an attempt to purge the public sphere from radical or reformist ideas and people was undertaken, which was endorsed by the Supreme Court by means of the "balancing" doctrine. Finally, in the 60s and 70s the federal judiciary distinguished among the various methods of protest through a number of particularistic approaches and while it did not recognise a full right to protest publicly, it prevented an outright legal repression of public political dissent

Laws of the state of New Hampshire, passed special session, 1970. Legislature convened March 25, 1970, adjourned April 30, 1970.

Laws of the State of New Hampshire passed by the legislature during the legislative session indicate

22nd Annual Conference on Legal Issues for Financial Institutions

Materials from the 22nd Annual Conference on Legal Issues for Financial Institutions held by UK/CLE in April of 2002