Roger W. Shuy
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195181661
- eISBN:
- 9780199788477
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181661.001.0001
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This book describes and illustrates eleven powerful conversational strategies used by undercover police officers and cooperating witnesses who secretly tape-record targets in criminal investigations. ...
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This book describes and illustrates eleven powerful conversational strategies used by undercover police officers and cooperating witnesses who secretly tape-record targets in criminal investigations. Twelve actual criminal case studies are used as examples. These strategies creating illusion of guilt include the apparently deliberate use of semantic ambiguity, blocking the targets’ words (by creating static on the tape, interrupting them, speaking on their behalf, and manipulating the off/on switch); rapidly changing the subject before targets can respond (the “hit and run” strategy); contaminating the tape with irrelevant information that can make targets appear to be guilty; camouflaging illegality by making actions appear to be legal; isolating targets from important information that they need in order to make informed choices; inaccurately restating things the target has said; withholding crucial information from targets; lying to targets about critical information; and scripting targets in what to say on tape. These conversational strategies gain power from the fact that the targets do not know that they are being recorded, and often let things go right by them during the discourse. Nor do they know that the real audience of the conversations consists of later jury listeners, who do not know the full context of these conversations. Unlike everyday, unrecorded conversation, the most critical listening takes place at a future time and under very different circumstances. It is shown that undercover officers and their cooperating witnesses make use of essentially the same conversational strategies.Less
This book describes and illustrates eleven powerful conversational strategies used by undercover police officers and cooperating witnesses who secretly tape-record targets in criminal investigations. Twelve actual criminal case studies are used as examples. These strategies creating illusion of guilt include the apparently deliberate use of semantic ambiguity, blocking the targets’ words (by creating static on the tape, interrupting them, speaking on their behalf, and manipulating the off/on switch); rapidly changing the subject before targets can respond (the “hit and run” strategy); contaminating the tape with irrelevant information that can make targets appear to be guilty; camouflaging illegality by making actions appear to be legal; isolating targets from important information that they need in order to make informed choices; inaccurately restating things the target has said; withholding crucial information from targets; lying to targets about critical information; and scripting targets in what to say on tape. These conversational strategies gain power from the fact that the targets do not know that they are being recorded, and often let things go right by them during the discourse. Nor do they know that the real audience of the conversations consists of later jury listeners, who do not know the full context of these conversations. Unlike everyday, unrecorded conversation, the most critical listening takes place at a future time and under very different circumstances. It is shown that undercover officers and their cooperating witnesses make use of essentially the same conversational strategies.
Sharan Jagpal
- Published in print:
- 2008
- Published Online:
- September 2008
- ISBN:
- 9780195371055
- eISBN:
- 9780199870745
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195371055.003.0021
- Subject:
- Business and Management, Marketing
This chapter examines how the Internet affects the firm's marketing policies. It shows how the firm should choose its marketing strategies including pricing (distinguishing between the B to B and B ...
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This chapter examines how the Internet affects the firm's marketing policies. It shows how the firm should choose its marketing strategies including pricing (distinguishing between the B to B and B to C markets) and advertising messages. In addition, it shows how the firm should coordinate its Internet advertising and sales force policies, including redesigning its sales force compensation plans. It discusss the effects of ownership structure (whether the advertising firm is privately or publicly held) on the firm's Internet advertising strategy. In addition, it analyzes a number of structural changes brought about by Internet advertising, including the purchase of advertising space via auctions, behavioral targeting, and conquest advertising.Less
This chapter examines how the Internet affects the firm's marketing policies. It shows how the firm should choose its marketing strategies including pricing (distinguishing between the B to B and B to C markets) and advertising messages. In addition, it shows how the firm should coordinate its Internet advertising and sales force policies, including redesigning its sales force compensation plans. It discusss the effects of ownership structure (whether the advertising firm is privately or publicly held) on the firm's Internet advertising strategy. In addition, it analyzes a number of structural changes brought about by Internet advertising, including the purchase of advertising space via auctions, behavioral targeting, and conquest advertising.
Phyllis C. Borzi and Martha Priddy Patterson
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199549108
- eISBN:
- 9780191720734
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199549108.003.0008
- Subject:
- Business and Management, Pensions and Pension Management
Soon the largest cohort of workers in history will be eligible to retire: and most will have only their personal saving and a lump-sum benefit from a 401(k) plan to supplement Social Security ...
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Soon the largest cohort of workers in history will be eligible to retire: and most will have only their personal saving and a lump-sum benefit from a 401(k) plan to supplement Social Security benefits during retirement. The proceeds of these 401(k) and IRA benefits represent the largest amount of money these individuals have ever managed, and the challenges and hazards they face are enormous. This chapter evaluates the regulatory and enforcement structures in place to protect individuals from financial loss through the insolvency, fiscal mismanagement, and/or malfeasance of those who help them manage and invest their retirement distributions.Less
Soon the largest cohort of workers in history will be eligible to retire: and most will have only their personal saving and a lump-sum benefit from a 401(k) plan to supplement Social Security benefits during retirement. The proceeds of these 401(k) and IRA benefits represent the largest amount of money these individuals have ever managed, and the challenges and hazards they face are enormous. This chapter evaluates the regulatory and enforcement structures in place to protect individuals from financial loss through the insolvency, fiscal mismanagement, and/or malfeasance of those who help them manage and invest their retirement distributions.
James W. Cortada
- Published in print:
- 2007
- Published Online:
- January 2008
- ISBN:
- 9780195165869
- eISBN:
- 9780199868025
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195165869.003.0004
- Subject:
- Business and Management, Business History
This chapter discusses technologies adopted by the law enforcement community over a half century. Specifically, it looks at the use of computing by policing agencies, courts, and corrections, with a ...
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This chapter discusses technologies adopted by the law enforcement community over a half century. Specifically, it looks at the use of computing by policing agencies, courts, and corrections, with a brief introduction to the early history of computer crime as it currently represents a new class of criminal activity made possible by the existence of the digital hand.Less
This chapter discusses technologies adopted by the law enforcement community over a half century. Specifically, it looks at the use of computing by policing agencies, courts, and corrections, with a brief introduction to the early history of computer crime as it currently represents a new class of criminal activity made possible by the existence of the digital hand.
Jonathan Fox
- Published in print:
- 2007
- Published Online:
- May 2008
- ISBN:
- 9780199208852
- eISBN:
- 9780191709005
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199208852.003.0005
- Subject:
- Political Science, Democratization
This chapter analyzes persistent exclusionary electoral practices, using quantitative indicators of access to the secret ballot in Mexico's 1994 presidential election in rural areas. While the ...
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This chapter analyzes persistent exclusionary electoral practices, using quantitative indicators of access to the secret ballot in Mexico's 1994 presidential election in rural areas. While the opposition expected a re-run of the repertoire of fraud and manipulation that characterized the 1988 race, instead the state effectively deployed a range of levers of intervention in rural economic and social life that, in combination with the systematic lack of access to the secret ballot, reduced the ruling party's need to resort to fraud by inducing a widespread ‘fear vote’. This study draws on two previously unstudied data sets to estimate the degree of rural voter access to the secret ballot in the 1994 presidential elections, including a focus on opposition party oversight in indigenous municipalities in the states of Oaxaca, Veracruz, and Chiapas.Less
This chapter analyzes persistent exclusionary electoral practices, using quantitative indicators of access to the secret ballot in Mexico's 1994 presidential election in rural areas. While the opposition expected a re-run of the repertoire of fraud and manipulation that characterized the 1988 race, instead the state effectively deployed a range of levers of intervention in rural economic and social life that, in combination with the systematic lack of access to the secret ballot, reduced the ruling party's need to resort to fraud by inducing a widespread ‘fear vote’. This study draws on two previously unstudied data sets to estimate the degree of rural voter access to the secret ballot in the 1994 presidential elections, including a focus on opposition party oversight in indigenous municipalities in the states of Oaxaca, Veracruz, and Chiapas.
Randy E. Barnett
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780198297291
- eISBN:
- 9780191598777
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198297297.003.0005
- Subject:
- Political Science, Political Theory
The second‐order problem of knowledge is the need to communicate knowledge of justice in a manner that makes the actions it requires accessible to everyone. The need for this message to be conveyed ...
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The second‐order problem of knowledge is the need to communicate knowledge of justice in a manner that makes the actions it requires accessible to everyone. The need for this message to be conveyed in advance of persons taking action (ex ante) influences the form of the message in at least eight ways: (1) general rules or principles that are (2) publicized, (3) prospective in effect, (4) understandable, (5) compossible, (6) possible to follow, (7) stable, and (8) enforced as publicized. These formal requirements that are needed to communicate the message of justice ex ante are part of what is known as the rule of law. The need for ex ante information about allocation of several property rights also influences the substance of these rights including the prohibition on force and fraud.Less
The second‐order problem of knowledge is the need to communicate knowledge of justice in a manner that makes the actions it requires accessible to everyone. The need for this message to be conveyed in advance of persons taking action (ex ante) influences the form of the message in at least eight ways: (1) general rules or principles that are (2) publicized, (3) prospective in effect, (4) understandable, (5) compossible, (6) possible to follow, (7) stable, and (8) enforced as publicized. These formal requirements that are needed to communicate the message of justice ex ante are part of what is known as the rule of law. The need for ex ante information about allocation of several property rights also influences the substance of these rights including the prohibition on force and fraud.
Sarah Birch
- Published in print:
- 2011
- Published Online:
- May 2012
- ISBN:
- 9780199606160
- eISBN:
- 9780191731693
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199606160.001.0001
- Subject:
- Political Science, Comparative Politics
Elections ought in theory to go a long way towards making democracy ‘work’, but in many contexts, they fail to embody democratic ideals because they are affected by electoral manipulation and ...
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Elections ought in theory to go a long way towards making democracy ‘work’, but in many contexts, they fail to embody democratic ideals because they are affected by electoral manipulation and misconduct. This volume undertakes an analytic and explanatory investigation of electoral malpractice, which is understood as taking three principal forms: manipulation of the rules governing elections, manipulation of vote preference formation and expression, and manipulation of the voting process. The study — which is comparative in nature — starts out by providing a conceptual definition and typology of electoral malpractice, before considering evidence for the causes of this phenomenon. The principal argument of the book is that factors affecting the costs of electoral malpractice are crucial in determining whether leaders will, in any given context, seek to rig elections. Among the most important factors of this sort are the linkages between elites and citizens, and in particular the balance between relations of the civil-society and clientelist types. These linkages play an important role in determining how much legitimacy leaders will lose by engaging in electoral manipulation, as well as the likely consequences of legitimacy loss. The study also shows how electoral malpractice might be reduced by means of a variety of strategies designed to raise the cost of electoral manipulation by increasing the ability of civil society and international actors to monitor and denounce it.Less
Elections ought in theory to go a long way towards making democracy ‘work’, but in many contexts, they fail to embody democratic ideals because they are affected by electoral manipulation and misconduct. This volume undertakes an analytic and explanatory investigation of electoral malpractice, which is understood as taking three principal forms: manipulation of the rules governing elections, manipulation of vote preference formation and expression, and manipulation of the voting process. The study — which is comparative in nature — starts out by providing a conceptual definition and typology of electoral malpractice, before considering evidence for the causes of this phenomenon. The principal argument of the book is that factors affecting the costs of electoral malpractice are crucial in determining whether leaders will, in any given context, seek to rig elections. Among the most important factors of this sort are the linkages between elites and citizens, and in particular the balance between relations of the civil-society and clientelist types. These linkages play an important role in determining how much legitimacy leaders will lose by engaging in electoral manipulation, as well as the likely consequences of legitimacy loss. The study also shows how electoral malpractice might be reduced by means of a variety of strategies designed to raise the cost of electoral manipulation by increasing the ability of civil society and international actors to monitor and denounce it.
Michael Hirst
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199245390
- eISBN:
- 9780191715013
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199245390.001.0001
- Subject:
- Law, Criminal Law and Criminology
In the modern world, it is increasingly difficult for criminal law to be applied on a narrow territorial basis. This is especially apparent in the context of international fraud, drug smuggling, ...
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In the modern world, it is increasingly difficult for criminal law to be applied on a narrow territorial basis. This is especially apparent in the context of international fraud, drug smuggling, Internet crime, and international terrorism. Against that background, this important new work examines some fundamental, but hitherto neglected, issues of domestic criminal law. Where, and to whom, does that law apply? When, in particular, can national law properly concern itself with conduct that takes place wholly or partly abroad? Should it primarily be concerned with delinquent conduct, or with the consequences of that conduct, which may take effect in a different part of the world? On what basis can a person who is not a UK national be regarded as offending against the law if he is not within the territories governed by that law? What is the position under international law? And how are the precise boundaries (especially the adjacent maritime boundaries) of a nation's criminal law defined? This book examines the territorial and extraterritorial application of the criminal law, identifying many defects, lacunae, and historical accidents; and considers possible ways in which some at least of the problems that beset these areas of law might be alleviated.Less
In the modern world, it is increasingly difficult for criminal law to be applied on a narrow territorial basis. This is especially apparent in the context of international fraud, drug smuggling, Internet crime, and international terrorism. Against that background, this important new work examines some fundamental, but hitherto neglected, issues of domestic criminal law. Where, and to whom, does that law apply? When, in particular, can national law properly concern itself with conduct that takes place wholly or partly abroad? Should it primarily be concerned with delinquent conduct, or with the consequences of that conduct, which may take effect in a different part of the world? On what basis can a person who is not a UK national be regarded as offending against the law if he is not within the territories governed by that law? What is the position under international law? And how are the precise boundaries (especially the adjacent maritime boundaries) of a nation's criminal law defined? This book examines the territorial and extraterritorial application of the criminal law, identifying many defects, lacunae, and historical accidents; and considers possible ways in which some at least of the problems that beset these areas of law might be alleviated.
David J. Jeremy
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199226009
- eISBN:
- 9780191710315
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199226009.003.0019
- Subject:
- Business and Management, Business History
This chapter explores the theory and practice of ethical behaviour in 20th century British business. After outlining the scope of business ethics, long-run patterns of ethical behaviour are traced ...
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This chapter explores the theory and practice of ethical behaviour in 20th century British business. After outlining the scope of business ethics, long-run patterns of ethical behaviour are traced via proxies of unethical behaviour in business. Much of the rest of the chapter investigates the sources of ethical business behaviour and the means by which debate and prescription were translated into action and performance. One major finding is that Christian conviction and action played a central, though not a solitary, role in the emergence of the late 20th century practice of corporate social responsibility (CSR). Brief glances at unethical business behaviour among pious business leaders and ethical business standards in the churches complete the picture. In conclusion a conundrum emerges: why have periods of national economic decline coincided with the erosion of churchgoing but few signals of unethical behaviour in business, while periods of national economic growth coincided with a precipitate collapse in churchgoing and numerous evidences of unethical business behaviour?Less
This chapter explores the theory and practice of ethical behaviour in 20th century British business. After outlining the scope of business ethics, long-run patterns of ethical behaviour are traced via proxies of unethical behaviour in business. Much of the rest of the chapter investigates the sources of ethical business behaviour and the means by which debate and prescription were translated into action and performance. One major finding is that Christian conviction and action played a central, though not a solitary, role in the emergence of the late 20th century practice of corporate social responsibility (CSR). Brief glances at unethical business behaviour among pious business leaders and ethical business standards in the churches complete the picture. In conclusion a conundrum emerges: why have periods of national economic decline coincided with the erosion of churchgoing but few signals of unethical behaviour in business, while periods of national economic growth coincided with a precipitate collapse in churchgoing and numerous evidences of unethical business behaviour?
Margaret Jane Radin
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691155333
- eISBN:
- 9781400844838
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691155333.003.0007
- Subject:
- Law, Company and Commercial Law
This chapter examines current judicial oversight of contract law, and more specifically the extent to which boilerplate is regulated as contract. It first considers the three categories of the ...
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This chapter examines current judicial oversight of contract law, and more specifically the extent to which boilerplate is regulated as contract. It first considers the three categories of the normal, traditional oversight doctrines for contracts: coercion or duress; fraud, deception, or misrepresentation; and invalid contract formation. It then explores the doctrine of unconscionability and a related wild-card doctrine that makes it possible for courts to declare a contract void because it undermines public policy. It also discusses the jurisprudential problem with “wild-card” doctrines before concluding with an analysis of how traditional oversight doctrines are faring with regard to boilerplate rights deletion schemes, with particular emphasis on arbitration clauses, choice of forum clauses, exculpatory clauses, and limitation of remedy.Less
This chapter examines current judicial oversight of contract law, and more specifically the extent to which boilerplate is regulated as contract. It first considers the three categories of the normal, traditional oversight doctrines for contracts: coercion or duress; fraud, deception, or misrepresentation; and invalid contract formation. It then explores the doctrine of unconscionability and a related wild-card doctrine that makes it possible for courts to declare a contract void because it undermines public policy. It also discusses the jurisprudential problem with “wild-card” doctrines before concluding with an analysis of how traditional oversight doctrines are faring with regard to boilerplate rights deletion schemes, with particular emphasis on arbitration clauses, choice of forum clauses, exculpatory clauses, and limitation of remedy.
Margaret Jane Radin
- Published in print:
- 2012
- Published Online:
- October 2017
- ISBN:
- 9780691155333
- eISBN:
- 9781400844838
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691155333.003.0011
- Subject:
- Law, Company and Commercial Law
This chapter explains how abusive boilerplate could either be treated as a defective product, or else regulated under a new tort of intentional deprivation of basic legal rights. It argues that we ...
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This chapter explains how abusive boilerplate could either be treated as a defective product, or else regulated under a new tort of intentional deprivation of basic legal rights. It argues that we should put boilerplate rights deletion schemes into the legal category—tort law—in which we can actually consider them as products, instead of considering them one at a time as a contract between two individuals. It also highlights boundary the fuzzy and shifting boundary between contracts and torts by focusing on doctrinal border areas such as fraud or misrepresentation, bad faith breach of contract, and warranty. A case study involving implied warranty of habitability in residential leases is presented. The chapter concludes with a comparison of tort and contract remedies, along with the common-law economic loss doctrine.Less
This chapter explains how abusive boilerplate could either be treated as a defective product, or else regulated under a new tort of intentional deprivation of basic legal rights. It argues that we should put boilerplate rights deletion schemes into the legal category—tort law—in which we can actually consider them as products, instead of considering them one at a time as a contract between two individuals. It also highlights boundary the fuzzy and shifting boundary between contracts and torts by focusing on doctrinal border areas such as fraud or misrepresentation, bad faith breach of contract, and warranty. A case study involving implied warranty of habitability in residential leases is presented. The chapter concludes with a comparison of tort and contract remedies, along with the common-law economic loss doctrine.
Roger W. Shuy
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195328837
- eISBN:
- 9780199870165
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328837.001.0001
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was ...
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Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was worded, language becomes the very cause of the battle. Although there are many arenas in which language disputes can be observed, civil law cases offer the most fertile examples of this warfare over words. What did the business contract actually say or mean? Was there evidence of deceptive language practice in its promotional materials? Can the warning label become part of a product liability charge? Did the company evidence age discrimination or race discrimination against its employees or customers? Was one company's trademark too similar to another's? Did the company engage in copyright infringement? Was it guilty of procurement fraud in its business proposal? This book is about the way linguistic analysis describes, exposes, and helps corporations analyze disputed meanings and practices in various types of civil cases where the central issues revolve around the way language was used in commerce. It also provides all of the language data that was practical to include so that others can do their own analyses.Less
Everybody fights about something or other and language is usually at the very center of the conflict. We use language as we fight our battles, but when the dispute is over what is said or how it was worded, language becomes the very cause of the battle. Although there are many arenas in which language disputes can be observed, civil law cases offer the most fertile examples of this warfare over words. What did the business contract actually say or mean? Was there evidence of deceptive language practice in its promotional materials? Can the warning label become part of a product liability charge? Did the company evidence age discrimination or race discrimination against its employees or customers? Was one company's trademark too similar to another's? Did the company engage in copyright infringement? Was it guilty of procurement fraud in its business proposal? This book is about the way linguistic analysis describes, exposes, and helps corporations analyze disputed meanings and practices in various types of civil cases where the central issues revolve around the way language was used in commerce. It also provides all of the language data that was practical to include so that others can do their own analyses.
Avigail Eisenberg
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199291304
- eISBN:
- 9780191710704
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199291304.003.0005
- Subject:
- Political Science, Comparative Politics, Political Theory
The chapter examines the problem of authenticity in relation to cases about freedom of religion. The challenge of authenticity suggests that it is impossible to distinguish reliably between identity ...
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The chapter examines the problem of authenticity in relation to cases about freedom of religion. The challenge of authenticity suggests that it is impossible to distinguish reliably between identity claims which are ‘authentic’ for the people who make them and those which are made fraudulently in order to garner particular entitlements. Courts in Canada and the United States try to meet this challenge in relation to claims made by religious minorities either by refusing to assess all such claims or by establishing authenticity on the basis of individual sincerity of belief. In relation to two cases, one about the illegal use of peyote by a religious group and the other about the rights of Jews to erect succahs on their balconies, the chapter explains why a more direct, open, and structured consideration of identity claims provides a fairer basis upon which to assess religious identity claims and to negotiate the challenge of authenticity.Less
The chapter examines the problem of authenticity in relation to cases about freedom of religion. The challenge of authenticity suggests that it is impossible to distinguish reliably between identity claims which are ‘authentic’ for the people who make them and those which are made fraudulently in order to garner particular entitlements. Courts in Canada and the United States try to meet this challenge in relation to claims made by religious minorities either by refusing to assess all such claims or by establishing authenticity on the basis of individual sincerity of belief. In relation to two cases, one about the illegal use of peyote by a religious group and the other about the rights of Jews to erect succahs on their balconies, the chapter explains why a more direct, open, and structured consideration of identity claims provides a fairer basis upon which to assess religious identity claims and to negotiate the challenge of authenticity.
Laurie F. Maffly-Kipp
- Published in print:
- 2009
- Published Online:
- January 2009
- ISBN:
- 9780195369786
- eISBN:
- 9780199871292
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195369786.003.011
- Subject:
- Religion, Religion and Society
This chapter furthers the project of an intellectually richer account of Mormonism by offering a critique of the centrality of sympathy in the polemics that have engulfed Mormon historical studies ...
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This chapter furthers the project of an intellectually richer account of Mormonism by offering a critique of the centrality of sympathy in the polemics that have engulfed Mormon historical studies from their inception, and proposing an alternative. The critique is situated in a largely postmodern, anti-essentialist conception of identity as a malleable and fluid concept. At the same time, it notes in Smith's own turn to ritual a validation of appearances over essence, doing over being. A focus on the epic of Mormonism's narrative rather than its characters, on popular rather than elite Mormon history, and on the geographical varieties with their correspondingly different accounts of Mormonism—all are presented here as powerful antidotes to the snares of an approach that links, and therefore reduces Joseph Smith and the religion he founded to an irresolvable debate over human motives.Less
This chapter furthers the project of an intellectually richer account of Mormonism by offering a critique of the centrality of sympathy in the polemics that have engulfed Mormon historical studies from their inception, and proposing an alternative. The critique is situated in a largely postmodern, anti-essentialist conception of identity as a malleable and fluid concept. At the same time, it notes in Smith's own turn to ritual a validation of appearances over essence, doing over being. A focus on the epic of Mormonism's narrative rather than its characters, on popular rather than elite Mormon history, and on the geographical varieties with their correspondingly different accounts of Mormonism—all are presented here as powerful antidotes to the snares of an approach that links, and therefore reduces Joseph Smith and the religion he founded to an irresolvable debate over human motives.
Timothy Stoltzfus Jost and Lawrence P. Casalino
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195390131
- eISBN:
- 9780199775934
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195390131.003.009
- Subject:
- Law, Medical Law
This chapter proposes the adaptation of traditional Medicare to accommodate value-purchasing strategies, specifically medical homes and accountable care systems. It also examines legal barriers under ...
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This chapter proposes the adaptation of traditional Medicare to accommodate value-purchasing strategies, specifically medical homes and accountable care systems. It also examines legal barriers under the Medicare law and other federal and state laws to implementing these strategies.Less
This chapter proposes the adaptation of traditional Medicare to accommodate value-purchasing strategies, specifically medical homes and accountable care systems. It also examines legal barriers under the Medicare law and other federal and state laws to implementing these strategies.
Terry L. Leap
- Published in print:
- 2011
- Published Online:
- August 2016
- ISBN:
- 9780801449796
- eISBN:
- 9780801460807
- Item type:
- book
- Publisher:
- Cornell University Press
- DOI:
- 10.7591/cornell/9780801449796.001.0001
- Subject:
- Sociology, Health, Illness, and Medicine
U.S. health care is a $2.5 trillion system that accounts for more than 17 percent of the nation's GDP. It is also highly susceptible to fraud. Estimates vary, but some observers believe that as much ...
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U.S. health care is a $2.5 trillion system that accounts for more than 17 percent of the nation's GDP. It is also highly susceptible to fraud. Estimates vary, but some observers believe that as much as 10 percent of all medical billing involves some type of fraud. In 2009, New York's Medicaid fraud office recovered $283 million and obtained 148 criminal convictions. In July 2010, the U.S. Justice Department charged nearly 100 patients, doctors, and health care executives in five states of billing the Medicare system out of more than $251 million through false claims for services that were medically unnecessary or never provided. These cases only hint at the scope of the problem. This book takes on medical fraud and its economic, psychological, and social costs. With dozens of cases, the book covers a wide variety of crimes: kickbacks, illicit referrals, overcharging and double billing, upcoding, unbundling, rent-a-patient and pill-mill schemes, insurance scams, short-pilling, off-label marketing of pharmaceuticals, and rebate fraud, as well as criminal acts that enable this fraud (mail and wire fraud, conspiracy, and money laundering). After assessing the effectiveness of the federal laws designed to fight health care fraud and abuse—the anti-kickback statute, the Stark Law, the False Claims Act, HIPAA, and the food and drug laws—the book suggests a number of ways that health care providers, consumers, insurers, and federal and state officials can bring health care fraud and abuse under control, thereby reducing the overall cost of medical care in America.Less
U.S. health care is a $2.5 trillion system that accounts for more than 17 percent of the nation's GDP. It is also highly susceptible to fraud. Estimates vary, but some observers believe that as much as 10 percent of all medical billing involves some type of fraud. In 2009, New York's Medicaid fraud office recovered $283 million and obtained 148 criminal convictions. In July 2010, the U.S. Justice Department charged nearly 100 patients, doctors, and health care executives in five states of billing the Medicare system out of more than $251 million through false claims for services that were medically unnecessary or never provided. These cases only hint at the scope of the problem. This book takes on medical fraud and its economic, psychological, and social costs. With dozens of cases, the book covers a wide variety of crimes: kickbacks, illicit referrals, overcharging and double billing, upcoding, unbundling, rent-a-patient and pill-mill schemes, insurance scams, short-pilling, off-label marketing of pharmaceuticals, and rebate fraud, as well as criminal acts that enable this fraud (mail and wire fraud, conspiracy, and money laundering). After assessing the effectiveness of the federal laws designed to fight health care fraud and abuse—the anti-kickback statute, the Stark Law, the False Claims Act, HIPAA, and the food and drug laws—the book suggests a number of ways that health care providers, consumers, insurers, and federal and state officials can bring health care fraud and abuse under control, thereby reducing the overall cost of medical care in America.
Michael Lobban
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199258826
- eISBN:
- 9780191705168
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199258826.003.0010
- Subject:
- Law, Legal History
If the mid-Victorian generation was devoted to an idea of freedom of contract, Victorian values also deplored deception. This raised the question of how far parties entering into agreements could be ...
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If the mid-Victorian generation was devoted to an idea of freedom of contract, Victorian values also deplored deception. This raised the question of how far parties entering into agreements could be protected against fraud or imposition, and how far the courts could or would ensure that one man's contractual consent had not been obtained by trickery. Courts had to tread a fine line, for the same approach was not suitable to every situation. While merchants could be trusted to look after their own interests — and did not want a legal regime that allowed buyers to escape unprofitable bargains by fixing on any minor misstatements made during negotiations — impecunious heirs and poor old men clearly needed more protection from being fleeced by opportunists. If caveat emptor was a principle that merchants could live happily with, was it one which was suitable for buyers of landed estates, or for widows and vicars looking for a safe joint stock investment for their savings? This chapter shows that as the 19th century went on, the courts attempted to develop rules suitable for the public using them; but when doctrine which had developed in response to particular problems was generalized, it often lacked coherence.Less
If the mid-Victorian generation was devoted to an idea of freedom of contract, Victorian values also deplored deception. This raised the question of how far parties entering into agreements could be protected against fraud or imposition, and how far the courts could or would ensure that one man's contractual consent had not been obtained by trickery. Courts had to tread a fine line, for the same approach was not suitable to every situation. While merchants could be trusted to look after their own interests — and did not want a legal regime that allowed buyers to escape unprofitable bargains by fixing on any minor misstatements made during negotiations — impecunious heirs and poor old men clearly needed more protection from being fleeced by opportunists. If caveat emptor was a principle that merchants could live happily with, was it one which was suitable for buyers of landed estates, or for widows and vicars looking for a safe joint stock investment for their savings? This chapter shows that as the 19th century went on, the courts attempted to develop rules suitable for the public using them; but when doctrine which had developed in response to particular problems was generalized, it often lacked coherence.
Roger W. Shuy
- Published in print:
- 2008
- Published Online:
- May 2008
- ISBN:
- 9780195328837
- eISBN:
- 9780199870165
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195328837.003.0019
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
A complex procurement process is used by corporations that try to secure business with government agencies. It involves cost or pricing data, vendor quotations, production methods, cost trends, ...
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A complex procurement process is used by corporations that try to secure business with government agencies. It involves cost or pricing data, vendor quotations, production methods, cost trends, decrements, resources, and other things. A government auditor reviewed one such contract more than twenty years after the planes had been manufactured and concluded that fraud had been involved. The government first alleged that the contract used plain language and that this showed fraud. Linguistic analysis agreed that plain language was used, but that this language showed that nothing was fraudulent. Syntax and lexical uses (“assessment” and “estimate” in particular) were shown to be clear and supported by dictionary citations. After reviewing the linguistic analysis, the government changed its theory, now arguing that the corporation's words, such as “consideration,” “estimates,” “appropriate,” and “based on our review of,” were clear plain language but that the government's understanding was different from the corporation's. This opened the door to discovery of what those understandings were, appearing largely in the depositions of the government auditors. These revealed their inferences about the meanings of words and expressions the corporation had used in its proposal. The plaintiff's confusion was located in what the corporation did not say in its proposal. If the auditors did not understand how these expressions were being used, the speech act of requesting clarification was readily available. It was pointed out that requesting this would have been appropriate before the government granted the proposal.Less
A complex procurement process is used by corporations that try to secure business with government agencies. It involves cost or pricing data, vendor quotations, production methods, cost trends, decrements, resources, and other things. A government auditor reviewed one such contract more than twenty years after the planes had been manufactured and concluded that fraud had been involved. The government first alleged that the contract used plain language and that this showed fraud. Linguistic analysis agreed that plain language was used, but that this language showed that nothing was fraudulent. Syntax and lexical uses (“assessment” and “estimate” in particular) were shown to be clear and supported by dictionary citations. After reviewing the linguistic analysis, the government changed its theory, now arguing that the corporation's words, such as “consideration,” “estimates,” “appropriate,” and “based on our review of,” were clear plain language but that the government's understanding was different from the corporation's. This opened the door to discovery of what those understandings were, appearing largely in the depositions of the government auditors. These revealed their inferences about the meanings of words and expressions the corporation had used in its proposal. The plaintiff's confusion was located in what the corporation did not say in its proposal. If the auditors did not understand how these expressions were being used, the speech act of requesting clarification was readily available. It was pointed out that requesting this would have been appropriate before the government granted the proposal.
Roger W. Shuy
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195181661
- eISBN:
- 9780199788477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181661.003.0007
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
This chapter describes an actual case that has been anonymized by request of counsel. It shows how seemingly innocuous words and expressions, such as “exposure”, “clean it up”, “credibility”, “profit ...
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This chapter describes an actual case that has been anonymized by request of counsel. It shows how seemingly innocuous words and expressions, such as “exposure”, “clean it up”, “credibility”, “profit sharing”, “involved”, “quid pro quo”, and others were used ambiguously by undercover agents to make conversations with targets to give the appearance of illegality. In this case, their ambiguity strategy failed.Less
This chapter describes an actual case that has been anonymized by request of counsel. It shows how seemingly innocuous words and expressions, such as “exposure”, “clean it up”, “credibility”, “profit sharing”, “involved”, “quid pro quo”, and others were used ambiguously by undercover agents to make conversations with targets to give the appearance of illegality. In this case, their ambiguity strategy failed.
Roger W. Shuy
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195181661
- eISBN:
- 9780199788477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195181661.003.0008
- Subject:
- Linguistics, Sociolinguistics / Anthropological Linguistics
Government contracts can be very complex, as illustrated by this 1997 case involving a Texas-based manufacturer of helicopters. It was made even more complicated by the fact that the company was a ...
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Government contracts can be very complex, as illustrated by this 1997 case involving a Texas-based manufacturer of helicopters. It was made even more complicated by the fact that the company was a subsidiary of a French corporation that could legitimately make sales to other countries without the Texas company’s involvement or knowledge. The contract in question was eligible for the US Foreign Military Financing Program (FMF), created to promote the interests of domestic American businesses by providing funds to eligible allies to support their costs. Smith, president of the US company, was the target of a federal investigation concerning his knowledge of possible misuse of FMF funding. Over a two-year period, one of Smith’s employees secretly tape-recorded conversations with Smith that the government believed showed his complicity in contract fraud. Linguistic analysis of the ambiguity of the words and expressions used in these conversations, among other things, showed that Smith was not guilty.Less
Government contracts can be very complex, as illustrated by this 1997 case involving a Texas-based manufacturer of helicopters. It was made even more complicated by the fact that the company was a subsidiary of a French corporation that could legitimately make sales to other countries without the Texas company’s involvement or knowledge. The contract in question was eligible for the US Foreign Military Financing Program (FMF), created to promote the interests of domestic American businesses by providing funds to eligible allies to support their costs. Smith, president of the US company, was the target of a federal investigation concerning his knowledge of possible misuse of FMF funding. Over a two-year period, one of Smith’s employees secretly tape-recorded conversations with Smith that the government believed showed his complicity in contract fraud. Linguistic analysis of the ambiguity of the words and expressions used in these conversations, among other things, showed that Smith was not guilty.
