Direct Discrimination, Indirect Discrimination and Autonomy

Western liberal democracies tend to impose duties on publicand private bodies that are often formulated as an obligationnot to discriminate. For instance, the European Union prohibitsdirect and indirect discrimination on certain grounds in certaincontexts. Under this model, indirect discrimination involvesa measure that, although it does not directly (i.e. explicitly)discriminate on the basis of a proscribed ground, produces adisparate impact that correlates with such a proscribed ground.Indirect discrimination is generally viewed, both conceptuallyand politically, as subordinate to direct discrimination. ProfessorJohn Gardner has argued that anti-discrimination law is justifiedon the basis of duties to respect other people's autonomy. Onthe base of this analysis, he argues that indirect discriminationis a secondary concept to the paradigm wrong of direct discrimination.I contend in this article that, if one adopts Gardner's autonomy-basedanalysis of anti-discrimination law, indirect discriminationis not a secondary concept to direct discrimination. Further,I argue that autonomy does not provide a convincing justificationfor the prohibition of either direct or indirect discrimination.I tentatively suggest, however, that the widespread impact ofcertain types of discrimination (alluded to by Gardner) maysupport an equality-based justification for the prohibitionof both direct and indirect discrimination.     

Intellectual Property Theft and Organized Crime: The Case of Film Piracy

This article seeks to understand the processes by which the crime of intellectual property theft is organized, with specific attention given to film piracy. It seeks to identify the structure and function of the criminal enterprises engaged in this crime and assess the degree to which organized crime is involved with film piracy. An analysis of available sources reveals that general conclusions about the relationship of organized crime to film piracy results from a lack of useable and verifiable information in media, government, and industry sources. In the absence of independent, substantive analysis, anecdote and industry interests currently drive public policies and legal developments created to address the role of organized crime in film piracy. In the United States and across the globe, seizures, criminal indictments, civil actions, and public awareness are up considerably. Whether or not these advances can be maintained in the face of technological advances, the evolution of industry economic structures, and consumer indifference to the stigma of intellectual property theft and concern at industry response to such theft remains to be seen. Specific recommendations for future research are offered. The author would like to thank the International Center of the National Institute of Justice for soliciting funding this research through a grant, Intellectual Property and Organized Crime. He also Thanks Jay S. Albanese and his the anonymous reviewers of this work for their helpful comments and criticisms. This article only reflects the findings of the author, not the National Institute of Justice, Dr. Albanese or the reviewers.     

Public Management 1996: Once More Unto the Breach

Reviewing public administration in Australia was once akin to watching glaciers — you knew there was movement and something was happening beneath the surface, but detection required patient observation over a long period of time.     

Measuring the deterrent effect of enforcement operations on drug smuggling, 1991–1999

This study examines a crucial question: What kind of effect do interdiction and other drug enforcement activities have on drug smuggling? Do they actually deter smuggling, or is their effect more one of disruption and displacement?...     

Law enforcement information sharing: A Florida case study

Many attempts have been made over the last several decades to improve communication among law enforcement agencies. This article is a case study of a “low-level” data sharing project in Florida that could serve as a national model. The Florida Law Enforcement Data Sharing Consortium is a partnership between the University of Central Florida and more than one hundred law enforcement agencies. It offers an inexpensive, yet technically advanced alternative to the proprietary data sharing model. Its distributed architecture was endorsed by the Markle Foundation, the 9/11 Commission, and the 2004 National Security Act. Civil liberties concerns raised by this and other types of data sharing projects are discussed.     

Routine crime in exceptional times: The impact of the 2002 Winter Olympics on citizen demand for police services

Despite their rich theoretical and practical importance, criminologists have paid scant attention to the patterns of crime and the responses to crime during exceptional events. Throughout the world large-scale political, social, economic, cultural, and sporting events have become commonplace. Natural disasters such as blackouts, hurricanes, tornadoes, and tsunamis present similar opportunities. Such events often tax the capacities of jurisdictions to provide safety and security in response to the exceptional event, as well as to meet the “routine” public safety needs. This article examines “routine” crime as measured by calls for police service, official crime reports, and police arrests in Salt Lake City before, during, and after the 2002 Olympic Games. The analyses suggest that while a rather benign demographic among attendees and the presence of large numbers of social control agents might have been expected to decrease calls for police service for minor crime, it actually increased in Salt Lake during this period. The implications of these findings are considered for theories of routine activities, as well as systems capacity.