The regime that FATF built: an introduction to the Financial Action Task Force

This article serves to introduce this special issue of Crime, Law, & Social Change on the Financial Action Task Force (FATF). It provides a primer on the history and purpose of FATF and lays out some of the central debates over FATF and the anti-money laundering (AML) regime. Finally, as a way of giving readers an overview of the articles in the special issue, it proposes a series of themes that academics and practitioners should consider in future research and work with FATF.     

Trying to Live Forever

Book Reviews in This Article:
Andrew H. Malcolm, This Far and No More: A True Story .
The Hastings Center, Guidelines on the Termination of Life-Sustaining Treatment and the Care of the Dying .
New York State Task Force for Life and the Law, Life-Sustaining Treatment: Making Decisions and Appointing a Health Care Agent .
Daniel Callahan, Setting Limits: Medical Goals in an Aging Society .     

政治变迁中的养老金改革:对中国台湾经验的反省

中国台湾国民年金的规划及发展长达十五年,1993年"内政部"社会司邀请学者专家及政府相关单位共同组成"国民年金制度研议小组",开启国民年金在政府部门的大门。其后历经数届政府部门的规划协商,最后才于2007年通过三读实施。论文从政策过程的分析视角,说明民主化过程的中国台湾政治生态,如何影响了养老金改革的理念与制度形成,借此检视民主政治中的社会政策形成过程。反省中国台湾养老金改革的经验,可以丰富我们对于东亚养老金改革的理解,并在这个基础上与现有的养老金改革研究文献对话。     

Hazardous waste management system--Environmental Protection Agency. Notice of regulatory reform actions; request for comments

In response to Executive Order 12291 and the President's Task Force on Regulatory Relief, the Environmental Protection Agency is reviewing and reassessing the hazardous waste regulations developed under the Resource Conservation and Recovery Act (RCRA). A variety of activities are underway that will simplify procedures and reduce paperwork, modify existing regulations to make them more workable and cost effective, and control new wastes and new processes. The purpose of this notice is to inform the public of these activities and invite comments on the general approaches being taken.     

Re-thinking FATF: an experimentalist interpretation of the Financial Action Task Force

Most explanations of the Financial Action Task Force argue that material coercion plays a key role in the consolidation and diffusion of the global anti-money laundering regime. This paper looks carefully at the decision-making within FATF and argues that, at its most impactful, FATF operates in line with the principles of “experimentalist governance.” Experimentalism emphasizes broad, participatory standard setting, contextualized implementation, intensive but diagnostic monitoring, and routinized updating in light of experience. The paper discusses the differences between the more common understandings of FATF before laying out the principles of experimentalist governance. It outlines the experimentalist form of FATF decision-making. It then provides evidence of experimentalist decision-making in three important aspects of FATF: the evolution of blacklisting; the role of monitoring; and the continuing implementation of the risk-based approach.     

Identifying,explaining, and targeting burglary ‘hot spots’

Conclusion The data-gathering and crime analysis part of the Task Force programme (while not yet completed) has generated some useful information about burglary in Cambridge which might inform a crime prevention strategy. The research has shown that residential burglary is not evenly distributed across Cambridge, but tends to be clustered in the northwest of the City. It has also shown that even in these high-burglary areas there are hot spots and cold spots of crime. These hot spots account for a relatively large proportion of all burglary.One factor contributing to the high burglary counts in the hot spot area is the high number of repeat burglaries, with as many as 35 percent of all burglaries recorded in the area being one of a repeat series of burglaries. Another factor which might have contributed to the high burglary counts was the abundance of access and escape routes of the kind identified in the environmental survey. Perhaps the most important factor which explains the high number of burglaries was the closeness of the area to the place of residence of known offenders. The hot spot site thus provides a local source of easy and rewarding opportunities for offenders who live in these areas.In the second stage of its work, the Cambridge Burglary Task Force will collate the information that has been collected in the first stage and devise appropriate intervention strategies. We aim to continue to monitor crime and criminals in the area and to evaluate the effectiveness the programmes implemented.     

The War on Violence: Improving the Response to Domestic Violence in the Military

The Department of Defense has taken steps in recent years to improve outcomes for victims of domestic violence who reside on military installations. In 2000, the Defense Task Force on Domestic Violence was established, a military‐civilian group of experts charged with improving the military's effectiveness in addressing domestic violence in the Armed Forces in a variety of areas including offender accountability, coordination between military and civilian communities, and changing the military climate around domestic violence. This article will provide an overview of the Task Force, its work during the past three years, and its recommendations.     

Attorney general’s task force on violent crime--1981 three recommendations for legal reform in the criminal justice system

In the spring of 1981 Attorney General William F. Smith appointed a Task Force on Violent Crime with the assignment to report to him concerning specific ways in which the federal government could do more to assist in controlling violent crime without limiting its efforts against organized crime and white-collar crime. The Task Force submitted their final report which contained 64 recommendations. Three of the recommendations concerned the insanity defense, the exclusionary rule and habeas corpus actions.The purpose of this paper is to consider each of these three subjects with regard to their effect on national policy concerning the criminal justice system. In addition each recommendation is discussed with regard to the current status of the law in these areas and proposed congressional legislation on each subject. Further, where applicable, state legislation and federal and state judicial decisions relating to each subject are identified and discussed.In addition to legislation and judicial decisions, selected articles, text books, newspapers, news magazines, and statements by government officials were also utilized as resource material in preparing the article.The Task Force recommended a new option concerning the insanity defense, that of guilty but mentally ill. Concerning the exclusionary rule the Task Force recommended a good faith exception to the rule. With regard to habeas corpus actions, the Task Force recommended several procedural changes including a statute of limitations and a “cause and prejudice” requirement to support federal habeas corpus action. This article supports the recommendations of the Task Force and concerning the insanity defense and exclusionary rule suggests that both should be abolished.     

The political-criminal nexus in the united states

Summary The 1967 Task Force Report on Organized Crime (TFR) found that “...all available data indicate that organized crime flourishes only where it has corrupted public officials.” 48 From that standpoint, neutralizing local law enforcement would appear to be central to criminal operations. That conclusion would depend on (a) how one defines “organized crime” and (b) the assumption that organized crime described by the Task Force covers all cases and species of it including what is referred to as “non-traditional” organized crime. A conclusion that seems unchallengeable in the Report is the observation that it was impossible to determine “the extent of the corruption of public officials in the United States.” The lack of information on this question was aggravated by the fact that many of those who provided information to the Task Force were themselves public officials.     

New AFCC Guidelines for Parenting Coordination (2019)

In 2017, AFCC President Annette Burns (2017–18) commissioned a Task Force, led by Dr. Debra Carter, to review the many changes and developments in parenting coordination that had occurred across the United States, in Canada, and across the world in the approximately 12 years since the 2005 Parenting Coordination Guidelines were released. Though primarily commissioned to update and revise the 2005 Guidelines, the Task Force also identified emerging issues in need of exploration – the use of technology in parenting coordination, parenting coordination as an intervention when intimate partner violence is a component of the dynamic, the importance of multicultural awareness and responsiveness, and the overall impact of the statutes, rules, and regulations that had evolved in significantly varying forms since parenting coordination first presented as an intervention for court‐involved families. The work of the Task Force, including the new (2019) Guidelines for Parenting Coordination, is presented.     

Court Procedures

It has been said that “the court is the second trauma.” It might be better to say the system, rather than the court. The President's Task Force (page 51) recommends a federal study “to evaluate the juvenile justice system from the perspective of the victim.” The system may interview the child time and again, each time making her relive the experience, keeping the wound open. It may force her down to court waiting rooms where she sits uncomfortably without even the accoutrements of a dentist's office for hours and then often to be told that the case was continued and to come back next week. She may be put on a witness stand, in a big formal room, with what seems like a thousand eyes staring at her, and a bailiff in full uniform ready to lock her up, and a judge in a black robe towering above her. She may find that the newspapers and television are full of her name and pictures and stories about what happened to her which they obtained from the official records. And this may make her the focus of her classmates with all the brutal teasing that can involve. The system may also suddenly arrest her father and just as suddenly release him. It may plea bargain away her future hope of rehabilitation without even talking to her, in the name of speedy justice. The system is always more concerned with the well-being of the criminals than of the victims. When children are the victims, surely change can be made. Recommended by the President's Task Force (page 73), a starting point is to require “that judges at both the trial and appellate level(s) participate in a training program addressing the needs and legal interests of crime victims.”     

The effect of federal drug law on the incidence of drug abuse

The Controlled Substances Act (CSA) is the prevailing "drug abuse" control statute in the United States. Its manifest objective is to prevent or reduce drug use's "substantial and detrimental effect on the health and general welfare of the American people." Evaluating CSA's effectiveness in 1975, a Domestic Council Task Force reported in a White Paper to President Gerald Ford that its control measures do "reduce abuse of dangerous drugs." The Task Force's evidence was based upon a before-and-after analysis of the frequency of "drug abuse episodes" reported to the nation's Drug Abuse Warning Network (DAWN). This research note challenges the conclusion of the Domestic Council Task Force, subjecting the DAWN evidence to more rigorous scrutiny, and concluding that we do not presently have adequate materials to assess whether CSA meets its health objectives. The context of this conclusion is that of drug control, but its implications apply to health policy and health policy evaluation in general.     

Judicial use of social science research

American courts use social science research in three distinct ways: to make law, to determine facts, and to provide context. In this article, we review and critique the approaches that courts have traditionally taken to dealing with each form of social research. We also summarize and integrate a body of work offering a different perspective that treats law-making research associal authority, fact-finding research associal fact, and context-providing research associal framework. We end by proposing a coherent sequence of steps that courts should take when confronted with an empirical question about human behavior.This article was prepared under the auspices of the Task Force on Judicial and Regulatory Decisionmaking of the Carnegie Commission on Science, Technology, and Government. The views expressed are those of the authors rather than of the Task Force or the Commission. We are grateful to David Z. Beckler, Associate Director, for his comments. Requests for reprints should be sent to either author at the School of Law, University of Virginia, Charlottesville, VA 22901.     

ASSOCIATION OF FAMILY AND CONCILIATION COURTS WHITE PAPER GUIDELINES FOR COURT‐INVOLVED THERAPY: A BEST PRACTICE APPROACH FOR MENTAL HEALTH PROFESSIONALS

This article was written by the Honorable Linda S. Fidnick and Kelly. A. Koch, Esq. Judge Fidnick is an Associate Justice with the Hampshire Probate and Family Court. Prior to her appointment to the bench in 2008, Judge Fidnick was a partner in the Amherst law firm of Burres, Fidnick & Booth LLP, where she concentrated her practice in all areas of family law. Judge Fidnick is a graduate of Smith College and the University of Connecticut Law School, and she has been a member of the Massachusetts Bar for over thirty years. Judge Fidnick is past president of the Massachusetts chapter of the Association of Family and Conciliation Courts (AFCC) and currently serves on the national board of directors of AFCC. Judge Fidnick and Matthew Sullivan, Ph.D. are the co‐chairs of the AFCC Task Force on Court‐Involved Therapists. Attorney Koch is a graduate of Brandeis University and WesternNew England College School of Law. She served as a law clerk to the Justices of the Massachusetts Probate and Family Court and is presently an associate attorney with the Springfield, Massachusetts firm of Bulkley, Richardson and Gelinas. Matthew J. Sullivan, Ph.D. is a psychologist in private practice in California who has written articles, presented and done trainings at numerous national and international venues on interventions in high conflict divorce, Parenting Coordination and child alienation in family law cases. He currently serves on the Board of Directors at AFCC. Lyn R. Greenberg, Ph.D. is a family forensic psychologist practicing in Los Angeles, California. She serves as the reporter for the AFCC Court‐Involved Therapist Task Force and Co‐Chairs the Family Forensic Special Interest Group of Div. 43. She Co‐Chaired the APA‐ABA Working Group on Representation and Advocacy for Children. The AFCC Task Force on Court‐Involved Therapists was given the charge of defining guidelines for the professional practice of therapists working with court‐involved families. A draft of the Guidelines was presented for Comments in March 2010 and all comments were submitted to the Task Force Reporter, Lyn R. Greenberg, Ph.D. on May 1, 2010.     

Marguerite Q. Warren

Abstract

Marguerite (Rita) Warren is remembered as a respected teacher, committed mentor, and good friend. She is perhaps best known, for the experimental study of the Community Treatment Project (CTP). CTP operationalized the Theory of Interpersonal Maturity (I-Level) to provide differential treatment to delinquent offenders. Rita Warren received her doctorate in clinical psychology at the University of California, Berkeley. With graduate school colleagues, she formulated the I-Level Theory. Her focus on correctional treatment began with research on Navy recruits, followed by work with the California Youth Authority, service to the NIMH's Crime and Delinquency Committee, and participation on the Task Force on Corrections for President Johnson's Commission on Law Enforcement and the Administration of Justice. Academe followed; for 11 years, she was a faculty member at the School of Criminal Justice at the University at Albany. This article is a biography of Rita Warren, focusing primarily upon her career and her research.     

Mental health and corrections: towards a working partnership

This paper describes the development of mental health services to the courts and correction facilities in the City of New York. The origins, structure, and functions of the interagency New York City Task Force on Prison Mental Health Services are explained. The Task Force's role in the development, promulgation, and implementation of the Minimum Standards for Mental Health Services in New York City Correctional Facilities are outlined. These standards, enacted by the New York City Board of Correction, are described and discussed.     

Science and Technology and the President's Crime Commission

The U.S. President's Commission on Law Enforcement and Administration of Justice added a Task Force on Science and Technology as somewhat of an afterthought because there had then been very little interaction between science and technology and the criminal justice system (CJS). The task force focused on the CJS as a whole and interactions among its parts, with an important emphasis on analysis of the operating systems and on the important potential role of information systems as the technology advanced. The potential applications of contemporary information and electronic technologies is considerable, especially for assessing risk and needs of identified offenders and for providing relevant information wherever needed. There is urgent need for scientific evaluation of many of the positive and negative aspects of the operation of the CJS and of the potential for new technologies.     

OREGON TASK FORCE ON FAMILY LAW

Outlined in this article are the proposals of the oregon Task Force on Family Law. This interdisciplinary task force recommends early education in conflict resolution and preparation for marriage. Also recommended is a change of the language of divorce and a more streamlined, less adversarial system.     

Representing the healthcare organization in a post-Sarbanes-Oxley world: new rules, new paradigms, new perils

The Sarbanes-Oxley Act (Act) significantly changed the expected corporate behavior of public companies. The Act governs the relationship between corporate organizations and their in-house or outside counsel. Under Section 307 of the Act, the Securities and Exchange Commission initially proposed expansive rules regarding counsel's duties. After comments and criticism from much of the bar, a final, narrower, version of rules under Section 307 (Final Rule) was adopted. The Final Rule contains alternative reporting procedures, attorney responsibilities, and sanctions for violations. In addition to the Act, the American Bar Association's (ABA) Task Force on Corporate Responsibility(Task Force), which was itself a reaction to Enron, reported on the importance of counsel's role in a corporate setting (Cheek Report). The ABA adopted amendments to its Model Rules of Professional Conduct (Model Rules) 1.6 and 1.13 as proposed in the Cheek Report. The Final Rule and amended Model Rules together suggest that attorneys may owe duties beyond those owed to their clients.     

'Canada Steps Up'--Task Force to Modernize Securities Legislation in Canada: recommendations and discussion

The first 150 words of the full text of this article appear below. Key points

• The Task Force to Modernize Securities Legislationin Canada released its report entitled ‘Canada Steps Up’in October 2006. Its 65 recommendations focused on bringingCanadian securities law into the 21st century, enhancing Canada'scompetitiveness in the global marketplace and eliminating itshigher cost of capital relative to the US.
• This article reviewsand analyses the Task Force's recommendations in five criticalareas: cost–benefit analysis (CBA), improving access tocapital markets, the use from electronic disclosure systemsand financial literacy, the regulation of hedge funds and finally,enforcement.
• This article also reviews two issues that receivedsignificant Task Force discussion, but were left as ideas forconsideration, namely an insurance scheme for misinformationin the capital markets and subsidizing securities analysis toimprove analyst coverage of small firms.
• Finally, conclusionsare drawn from the Task Force's deliberations and recommendationsand next steps are suggested.