scholarly journals The Datafication of Law: How Technology Encodes Carceral Power and Affects Judicial Practice in the United States

2021 ◽  
pp. 1-40
Author(s):  
Gil Rothschild-Elyassi

This inquiry explores how data analyses about US Federal sentences have transformed sentencing practice beginning in the mid-1980s. I consider this inquiry an early case of the datafication of law, a pervasive process that translates legal practice into data and embeds it in digital networks so it can be tracked and analyzed in real time. To explore datafication historically and in relation to legal practice and power, I consider it not as an objective and passive undertaking but, rather, as an ideological and performative process that encodes and enacts normative presumptions and desirable futures. The empirical inquiry traverses “levels of analysis” and thus bridges prominent perspectives in sociolegal research. In so doing, I identify four mechanisms that mediate “large-scale” processes and “local” practices: field assembly, symbolic projection, material inscription, and boundaries spanning. Substantively, I show how datafication has not simply described, but also transformed, sentencing practice according to a colorblind-carceral imaginary that strives to fix the present in place. By relentlessly translating decisions into data forms that derive from this carceral imaginary, datafication affects judicial action and partakes in sustaining legacies of oppression. Yet, like other technologies, datafication also reveals dialectic dimensions in opening up to new actors and subjecting its ideological underpinnings to contestation and change.

2019 ◽  
Author(s):  
Noah Zimmerman ◽  
Nicholas Tatonetti ◽  
Joel Dudley

UNSTRUCTURED Incentive alignment is a fundamental challenge to improving the financial and operational efficiency of the healthcare system in the United States. The current system incentivizes payers to reduce utilization and providers to perform procedures, while patients are caught between cost savings and utilization. Blockchain is an emerging technology that enables the construction of large-scale open digital networks with characteristics that can incentivize participants towards a common goal. There is an opportunity to use blockchain technology to reimagine how we cooperate to promote health and potentially improve efficiency of the healthcare system. In this perspective, we discuss the strengths and limitations of this new technology through the lens of healthcare. We explore how challenges in healthcare (e.g. costs, accessibility, and data ownership) can be addressed by blockchain technology and, equally important, how they cannot. Through the evaluation of existing projects, we find clear advantages and disadvantages of the technology and identify open areas of innovation for healthcare executives, academics, and entrepreneurs.


1966 ◽  
Vol 05 (02) ◽  
pp. 67-74 ◽  
Author(s):  
W. I. Lourie ◽  
W. Haenszeland

Quality control of data collected in the United States by the Cancer End Results Program utilizing punchcards prepared by participating registries in accordance with a Uniform Punchcard Code is discussed. Existing arrangements decentralize responsibility for editing and related data processing to the local registries with centralization of tabulating and statistical services in the End Results Section, National Cancer Institute. The most recent deck of punchcards represented over 600,000 cancer patients; approximately 50,000 newly diagnosed cases are added annually.Mechanical editing and inspection of punchcards and field audits are the principal tools for quality control. Mechanical editing of the punchcards includes testing for blank entries and detection of in-admissable or inconsistent codes. Highly improbable codes are subjected to special scrutiny. Field audits include the drawing of a 1-10 percent random sample of punchcards submitted by a registry; the charts are .then reabstracted and recoded by a NCI staff member and differences between the punchcard and the results of independent review are noted.


Author(s):  
Joshua Kotin

This book is a new account of utopian writing. It examines how eight writers—Henry David Thoreau, W. E. B. Du Bois, Osip and Nadezhda Mandel'shtam, Anna Akhmatova, Wallace Stevens, Ezra Pound, and J. H. Prynne—construct utopias of one within and against modernity's two large-scale attempts to harmonize individual and collective interests: liberalism and communism. The book begins in the United States between the buildup to the Civil War and the end of Jim Crow; continues in the Soviet Union between Stalinism and the late Soviet period; and concludes in England and the United States between World War I and the end of the Cold War. In this way it captures how writers from disparate geopolitical contexts resist state and normative power to construct perfect worlds—for themselves alone. The book contributes to debates about literature and politics, presenting innovative arguments about aesthetic difficulty, personal autonomy, and complicity and dissent. It models a new approach to transnational and comparative scholarship, combining original research in English and Russian to illuminate more than a century and a half of literary and political history.


2008 ◽  
Vol 6 (1) ◽  
pp. 31-42 ◽  
Author(s):  
Robyn Matloff ◽  
Angela Lee ◽  
Roland Tang ◽  
Doug Brugge

Despite nearly 12 million Asian Americans living in the United States and continued immigration, this increasingly substantial subpopulation has consistently been left out of national obesity studies. When included in national studies, Chinese-American children have been grouped together with other Asian Americans, Pacific Islanders or simply as “other,” yielding significantly lower rates of overweight and obesity compared to non-Asians. There is a failure to recognize the ethnic diversity of Asian Americans as well as the effect of acculturation. Results from smaller studies of Chinese American youth suggest that they are adopting lifestyles less Chinese and more Americans and that their share of disease burden is growing. We screened 142 children from the waiting room of a community health center that serves primarily recent Chinese immigrants for height, weight and demographic profile. Body Mass Index was calculated and evaluated using CDC growth charts. Overall, 30.1 percent of children were above the 85th we found being male and being born in the U .S. to be statistically significant for BMI > 85th percentile (p=0.039, p=0.001, respectively). Our results suggest that being overweight in this Chinese American immigrant population is associated with being born in the U.S. A change in public policy and framework for research are required to accurately assess the extent of overweight and obesity in Chinese American children. In particular, large scale data should be stratified by age, sex, birthplace and measure of acculturation to identify those at risk and construct tailored interventions.


1997 ◽  
Vol 24 (1) ◽  
pp. 117-141 ◽  
Author(s):  
T. A. LEE

This study represents part of a long-term research program to investigate the influence of U.K. accountants on the development of professional accountancy in other parts of the world. It examines the impact of a small group of Scottish chartered accountants who emigrated to the U.S. in the late 1800s and early 1900s. Set against a general theory of emigration, the study's main results reveal the significant involvement of this group in the founding and development of U.S. accountancy. The influence is predominantly with respect to public accountancy and its main institutional organizations. Several of the individuals achieved considerable eminence in U.S. public accountancy.


Author(s):  
Anne Nassauer

This book provides an account of how and why routine interactions break down and how such situational breakdowns lead to protest violence and other types of surprising social outcomes. It takes a close-up look at the dynamic processes of how situations unfold and compares their role to that of motivations, strategies, and other contextual factors. The book discusses factors that can draw us into violent situations and describes how and why we make uncommon individual and collective decisions. Covering different types of surprise outcomes from protest marches and uprisings turning violent to robbers failing to rob a store at gunpoint, it shows how unfolding situations can override our motivations and strategies and how emotions and culture, as well as rational thinking, still play a part in these events. The first chapters study protest violence in Germany and the United States from 1960 until 2010, taking a detailed look at what happens between the start of a protest and the eruption of violence or its peaceful conclusion. They compare the impact of such dynamics to the role of police strategies and culture, protesters’ claims and violent motivations, the black bloc and agents provocateurs. The analysis shows how violence is triggered, what determines its intensity, and which measures can avoid its outbreak. The book explores whether we find similar situational patterns leading to surprising outcomes in other types of small- and large-scale events: uprisings turning violent, such as Ferguson in 2014 and Baltimore in 2015, and failed armed store robberies.


Author(s):  
Geoffrey Jones

This chapter examines the scaling and diffusion of green entrepreneurship between 1980 and the present. It explores how entrepreneurs and business leaders promoted the idea that business and sustainability were compatible. It then examines the rapid growth of organic foods, natural beauty, ecological architecture, and eco-tourism. Green firms sometimes grew to a large scale, such as the retailer Whole Foods Market in the United States. The chapter explores how greater mainstreaming of these businesses resulted in a new set of challenges arising from scaling. Organic food was now transported across large distances causing a negative impact on carbon emissions. More eco-tourism resulted in more air travel and bigger airports. In other industries scaling had a more positive impact. Towns were major polluters, so more ecological buildings had a positive impact.


Author(s):  
Richard Gowan

During Ban Ki-moon’s tenure, the Security Council was shaken by P5 divisions over Kosovo, Georgia, Libya, Syria, and Ukraine. Yet it also continued to mandate and sustain large-scale peacekeeping operations in Africa, placing major burdens on the UN Secretariat. The chapter will argue that Ban initially took a cautious approach to controversies with the Council, and earned a reputation for excessive passivity in the face of crisis and deference to the United States. The second half of the chapter suggests that Ban shifted to a more activist pressure as his tenure went on, pressing the Council to act in cases including Côte d’Ivoire, Libya, and Syria. The chapter will argue that Ban had only a marginal impact on Council decision-making, even though he made a creditable effort to speak truth to power over cases such as the Central African Republic (CAR), challenging Council members to live up to their responsibilities.


Author(s):  
Deborah Carr ◽  
Vera K. Tsenkova

The body weight of U.S. adults and children has risen markedly over the past three decades. The physical health consequences of obesity are widely documented, and emerging research from the Midlife in the United States study and other large-scale surveys reveals the harmful impact of obesity on adults’ psychosocial and interpersonal well-being. This chapter synthesizes recent research on the psychosocial implications of body weight, with attention to explanatory mechanisms and subgroup differences in these patterns. A brief statistical portrait of body weight is provided, documenting rates and correlates of obesity, with a focus on race, gender, and socioeconomic status disparities. The consequences of body weight for three main outcomes are described: institutional and everyday discrimination, interpersonal relationships, and psychological well-being. The chapter concludes with a discussion of the ways that recent integrative health research on the psychosocial consequences of overweight and obesity inform our understanding of population health.


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