Sheriffs, Shills, or Just Paying the Bills?: Rethinking the Merits of Compelling Merchant Cooperation with Third-Party Policing in the Aftermath of George Floyd’s Death

This Article frames the killing of George Floyd as the result of flawed business regulation. More specifically, it captures the expansion of third-party policing paradigms throughout local nuisance abatement regulations over a period of time that coincided with the militarization of policing culture across the United States. Premised on the notion that law enforcement alone cannot succeed in reducing crime and disorder, such regulations transform grocery stores, pharmacies, bars, and other retail spaces into surveillance hubs by prescribing situations that obligate businesses to contact the police. This regulatory framework, however, sustains the larger historical project of rationalizing enhanced scrutiny of the public and private spaces that Black people occupy; supplies the imprimatur for wider societal involvement in the scrutiny of Black bodies—particularly by constituencies outside the ranks of traditional policing; and complicates psychological relationships Black people have with the settings they enter, while fueling the continued disregard for their bodily dominion

A Complicated Alchemy: Theorizing Identity Politics and the Politicization of Migrant Remittances Under Donald Trump\u27s Presidency

Using law to conscript financial technology in aid of state goals is not new. Financial institutions have long been subject to myriad legal and regulatory reporting requirements designed to combat money laundering, enforce economic sanctions, support tax compliance, and interdict the financing of terrorism. Trump\u27s particular approach to this tradition, however, seeks to capitalize on a particularly toxic convergence of race, class, economics, and globalization. America is not alone in its recent experience with surges in right wing, nationalist populism. Globalism\u27s winds have posed challenges to those who have enjoyed the benefits of protectionist trade policies that no longer exist, placing them on a collision course with diaspora migrants from the poorest countries who are now mobile, thanks to financial technologies that ease the process of remitting funds home. This collision is a complicated alchemy, which lays bare the ways in which populist faith in the free market appears to be eroding under the strain of globalization\u27s effects. In politicizing migrant remittance flows to Mexico, Donald Trump has signaled both a political recognition of this erosion and a willingness to exploit it. In doing so, he has done more than simply peddle a narrative that appeals to a base of voters increasingly dissatisfied with America\u27s political class. He has likely prompted a new set of considerations among diaspora communities anxious to preserve existing remittance flows in the face of intense anxiety about America\u27s working poor. Yet this conflict demonstrates how modem payment platforms now serve a range of functions one might have seen in a medieval town square: they facilitate commerce while serving as points of conflict and as places of protest. Every possible kind of human and institutional actor passes through this square, shaping its form and function, whether deliberately or unwittingly. The respective aspirations of globalism\u27s human casualties are a deeply complex ecology-reflecting a range of outlooks in relation to one another. On the heels of a presidential campaign defined by explicitly divisive rhetoric transcending the traditional limits of dog-whistle politics, dismissive attitudes towards Trump\u27s campaign proposal have crystalized into palpable fears among progressives who now worry about the potential of witnessing the deployment of proposals that once seemed unlikely. Whether or not President Trump ultimately expands federal regulations to require proof of lawful presence in the country as a precondition of access to international remittance services may matter less than the consequences of linking these transactions to undocumented immigrants in the minds of the white working class

A Complicated Alchemy: Theorizing Identity Politics and the Politicization of Migrant Remittances Under Donald Trump\u27s Presidency

Using law to conscript financial technology in aid of state goals is not new. Financial institutions have long been subject to myriad legal and regulatory reporting requirements designed to combat money laundering, enforce economic sanctions, support tax compliance, and interdict the financing of terrorism. Trump\u27s particular approach to this tradition, however, seeks to capitalize on a particularly toxic convergence of race, class, economics, and globalization. America is not alone in its recent experience with surges in right wing, nationalist populism. Globalism\u27s winds have posed challenges to those who have enjoyed the benefits of protectionist trade policies that no longer exist, placing them on a collision course with diaspora migrants from the poorest countries who are now mobile, thanks to financial technologies that ease the process of remitting funds home. This collision is a complicated alchemy, which lays bare the ways in which populist faith in the free market appears to be eroding under the strain of globalization\u27s effects. In politicizing migrant remittance flows to Mexico, Donald Trump has signaled both a political recognition of this erosion and a willingness to exploit it. In doing so, he has done more than simply peddle a narrative that appeals to a base of voters increasingly dissatisfied with America\u27s political class. He has likely prompted a new set of considerations among diaspora communities anxious to preserve existing remittance flows in the face of intense anxiety about America\u27s working poor. Yet this conflict demonstrates how modem payment platforms now serve a range of functions one might have seen in a medieval town square: they facilitate commerce while serving as points of conflict and as places of protest. Every possible kind of human and institutional actor passes through this square, shaping its form and function, whether deliberately or unwittingly. The respective aspirations of globalism\u27s human casualties are a deeply complex ecology-reflecting a range of outlooks in relation to one another. On the heels of a presidential campaign defined by explicitly divisive rhetoric transcending the traditional limits of dog-whistle politics, dismissive attitudes towards Trump\u27s campaign proposal have crystalized into palpable fears among progressives who now worry about the potential of witnessing the deployment of proposals that once seemed unlikely. Whether or not President Trump ultimately expands federal regulations to require proof of lawful presence in the country as a precondition of access to international remittance services may matter less than the consequences of linking these transactions to undocumented immigrants in the minds of the white working class

Private Interests, Public Law, and Reconfigured Inequality in Modern Payment Card Networks

This Article examines two phenomena contributing to the racial stratification of consumers in credit card markets. The first phenomenon pertains to the longstanding conflict between card issuers and merchants over payment processing cost allocation. If successful, First Amendment challenges to existing statutory surcharge bans will allow merchants to impose an additional fee when consumers use credit cards as a form of payment. The Article relies on the interplay between socioeconomic class and behavioral theory to suggest subsistence borrowers would be more likely to pay surcharge fees than wealthier consumers. This arrangement disfavors the poor to support a hierarchy of borrowers, to the extent that income inequality continues to cleave along racial lines. The second phenomenon concerns algorithmic lending practices. Algorithmic lending practices use technology to effectively extend structural racism’s cumulative effects into the underwriting process. This Article argues that the algorithmic lending in modern credit card enrollment practices supports new and complex iterations of racial bias. Structural racism’s legacy married to modern data mining practices capture and compare the broad sweep of spending patterns among consumers with racially disparate spending power. Public law’s relationship to each of these two phenomena illustrates the government’s limited capacity to protect marginalized consumers from the racialized effects of cardholder stratification. The Article concludes by encouraging experts to refine underwriting practices to disentangle racism’s moral hazards from the legitimate business practice of equitable underwriting that determines a prospective borrower’s creditworthiness

"Now is the Psychological Moment" - Earle Page and the Imagining of Australia

Earle Christmas Grafton Page (1880-1961) – Country Party leader, Treasurer and Prime Minister – was the most extraordinary visionary to hold high public office in the Australian Parliament during the first several decades of the twentieth century. His incessant activism in regionalism, new states, hydroelectricity, economic planning, co-operative federalism and rural universities had a distinctively personal dimension. But he also contributed to and led several larger, and in some respects, perennial themes in Australian history related to issues summarised in this thesis as developmentalism. This study assesses the relationship between Page and this wider current of debate. Page’s career as one of Australia’s longest serving senior politicians is characterised by his remarkably consistent but pragmatically opportunistic efforts to shape the still formative government and society of the Australian nation according to his personal vision of its economic and social future. His efforts influenced more conventional government policy, both directly through his membership of governments and indirectly through his long-term impact on what policy ideas were prominent in public debate. Page’s successes and also his failures elucidate the wider issue of the place of concepts of national development in modern Australian history. This thesis is a biographically-based study of the significance of applied policy ideas. The emphasis is on describing and analysing the most distinctive of Page’s policy initiatives, seeking to illuminate his significance in the wider world of ideas and politics. Page has been cast by some historians as merely reflective of a Country Party intent on securing resources for rural interests: this is greatly to underestimate his originality and significance. Although he drew on specific ideas held by other public figures and civic movements, Page uniquely moulded these into a coherent national vision that drew heavily on concepts of the desirable spatial disposition of population and the appropriate scale of public institutions. Over decades, Page made telling references to what he called the psychological moment. This marked whenever he judged that he at last had the public and political support needed to achieve one of his treasured policy goals. It encapsulates his awareness that his vision of the nation normally sat far outside the political mainstream and of the consequent difficulties he faced in trying to implement it. It also suggested, however, a sense that his ideas had potential to appeal to an Australian public who were open to fresh ways of viewing the national project. Page broadened existing developmentalist thought through his rare synthesis of ideas that both delineated and stretched the Australian political imagination. His rich career confirms that Australia has long inspired popular ideals of national development, but also that their practical implementation was increasingly challenged during the twentieth-century. Page’s influence and experience supports arguments that Australian public life has been rich in applied thinkers. His work shows how assessment of the contribution of an engaged individual, their ideas and advocacy, can illuminate a past that is both relevant to still unresolved issues in Australian politics and which is also suggestive of alternative paths

Now is the Psychological Moment'

Earle Christmas Grafton Page (1880–1961) – surgeon, Country Party leader, treasurer and prime minister – was perhaps the most extraordinary visionary to hold high public office in twentieth-century Australia. Over decades, he made determined efforts to seize 'the psychological moment', and thereby realise his vision of a decentralised, regionalised and rationally ordered nation. Page’s unique dreaming of a very different Australia encompassed new states, hydroelectricity, economic planning, cooperative federalism and rural universities. His story casts light on the wider place in history of visions of national development. He was Australia’s most important advocate of developmentalism, the important yet little-studied stream of thought that assumes that governments can lead the nation to realise its economic potential. His audacious synthesis of ideas delineated and stretched the Australian political imagination. Page’s rich career confirms that Australia has long inspired popular ideals of national development, but also suggests that their practical implementation was increasingly challenged during the twentieth century. Effervescent, intelligent and somewhat eccentric, Page was one of Australia’s great optimists. Few Australian leaders who stood for so much have since been so neglected

Chasing the Fruits of Misery: Confronting the Historical Relationships Between Opioid Revenues, Offshore Financial Centers, and International Regulatory Networks

As the opioid crisis continues to claim lives throughout the U.S., tort litigants have faced challenges pursuing Purdue Pharma – one of the drug makers responsible for aggressively promoting OxyContin while downplaying the drug’s addictive effects. Much of this litigation posture sought to recover billions in public health costs incurred responding to the crisis at federal, state and local levels. As the plaintiff class grew, Purdue Pharma petitioned for bankruptcy protection, at which point auditors discovered the entity’s beneficial owners had caused it to wire billions in opioid profits into offshore accounts – placing them beyond the reach of litigants. These transactions reveal the limits of domestic financial reporting regulations and international regulatory bodies, like the Financial Action Task Force (FATF), whose frameworks narrowly focus on intercepting proceeds of terrorism and money laundering. Existing scholarship has not considered why the offshoring of opioid revenues remains legal in a regulatory landscape conceived to protect the common good. The soft-law system of norm-building responsible for building these frameworks would best fulfill its purpose by broadening its reach to include a wider sweep of capital mobility. The opioid crisis offers a useful context for exploring this claim. By devising a class of activity – described below as the Public Interest Transaction (PIT) – modified FATF rules would offer a principles-based alternative to the existing system’s language and provide a pathway for intercepting a wider variety of capital mobility with an emphasis on profits derived from “high casualty” crises such as the opioid crises. By precluding language that targets other forms of publicly harmful transactions, existing norms will continue to undermine the public good in a transnational banking environment lacking more principles-based approaches to financial regulation. The timing and context of Purdue Pharma’s wire transfers offer a useful laboratory for making these arguments

“Can’t be what you can’t see”: the transition of Aboriginal and Torres Strait Islander students to higher education

This report presents the findings of an investigation into the processes, the data, the key issues, the pathways, the enablers, the constraints and the opportunities regarding the transition of Aboriginal and Torres Strait Islander students into higher education. Through an examination of qualitative and quantitative evidence, the report explores the nuances, dimensions and different perspectives of what constitutes successful transition to higher education from a range of Indigenous community contexts and diverse university settings. The accompanying literature review for this project examined relevant research, policy and programs in peer-reviewed, non-peer-reviewed and grey literature relating to the transitioning of Aboriginal and Torres Strait Islander students into higher education, including case studies of promising practice models nationally and internationally. • The research was commissioned and supported by the Australian Government through the Office of Learning and Teaching (OLT). The project involved researchers from the Nulungu Research Institute and The University of Notre Dame Australia, from Southern Cross University and the Bachelor Institute of Indigenous Tertiary Education (BIITE). It was completed under the expert leadership and guidance of Professor Lyn Henderson-Yates, Professor Marguerite Maher and Professor Patrick Dodson

Petawatt laser absorption bounded

The interaction of petawatt ($10^{15}\ \mathrm{W}$) lasers with solid matter forms the basis for advanced scientific applications such as table-top particle accelerators, ultrafast imaging systems and laser fusion. Key metrics for these applications relate to absorption, yet conditions in this regime are so nonlinear that it is often impossible to know the fraction of absorbed light $f$, and even the range of $f$ is unknown. Here using a relativistic Rankine-Hugoniot-like analysis, we show for the first time that $f$ exhibits a theoretical maximum and minimum. These bounds constrain nonlinear absorption mechanisms across the petawatt regime, forbidding high absorption values at low laser power and low absorption values at high laser power. For applications needing to circumvent the absorption bounds, these results will accelerate a shift from solid targets, towards structured and multilayer targets, and lead the development of new materials