Affirmative action and selected minority groups in law enforcement

Purpose Law enforcement agencies in the United States are relying on state fusion centers for intelligence to develop actionable, data-driven reports that increase efficiency and improve investigations in crime prevention and homeland security. This study assesses the extent to which artificial intelligence and machine learning (AI/ML) are increasingly shaping intelligence operations in law enforcement and the functions of state fusion centers in supporting intelligence-led policing (ILP). The reliance and integration of AI/ML is improving analytic accuracy, situational awareness and information and data sharing and collaboration among law enforcement and homeland security agencies. This study examines the state of contemporary academic literature, assesses AI/ML applications used in law enforcement and builds a conceptual and theoretical framework centered on ILP policing. It also relies on empirical data, case study applications, and DHS assessments to explore the degree to which AI-driven processes and analytics enhance criminal intelligence, investigative efficiencies, situational awareness and predictive policing. The analysis, while focusing on the opportunities and challenges of using AI/ML tools in law enforcement, also highlights the need for ethical governance, transparency and accountability when relying on advanced technologies for crime prevention and policing. Design/methodology/approach This study utilizes qualitative methods, including a thematic content analysis of government and think tank/practitioner reports as well as academic literature on the benefits, costs and ethical factors regarding variations in the implementation of AI/ML tools for law enforcement intelligence products and resource allocation. For cross-validation of operational outcomes, it examines publicly available information in the DHS Fusion Center Annual Assessment, Bureau of Justice Statistics, LEMAS and RAND Corporation assessments of intelligence-led policing. Findings Qualitative Results Federal and state sources report fusion centers and law enforcement agencies integrating advanced analytic and ML-enabled tools into each step in the criminal intelligence lifecycle process. However, ethical and structural challenges limit and constrain technology-driven narratives in fusion centers. Given these challenges, there is a consistent qualitative and thematic pattern: state fusion centers now function as criminal intelligence analytic hubs or resources that leverage the most contemporary analytic and data-driven tools for criminal intelligence and law enforcement investigations. Interrelated themes describe AI/ML technologies in terms of shaping, constraining and complicating the intelligence lifecycle in fusion centers and law enforcement operations. Seven specific themes emerged from latent coding are illustrated in the chart. Research limitations/implications There are limitations on the collection of quantitative data since DHS, leading think tanks and NGOs do not disclose specific figures on the proportion of AI/ML tools. The DHS Fusion Center Annual Assessment process monitors technology adoption and the growth of analytic capabilities throughout the national network of fusion centers; however, the specific quantitative statistics are not disclosed in public summaries (DHS, 2024). Second, publicly available data and information constitute the bulk of empirical sources. Consequently, this study relies primarily on qualitative narrative reporting, not quantitative performance metrics. Third, publication bias is likely present in industry and government sources as these reports may provide overly optimistic observations and conclusions while overlooking ethical dilemmas, failures and challenges. Moreover, qualitative thematic analysis could reflect broader structural narratives as opposed to empirical outcomes. Finally, since AI/ML adoption varies across fusion centers and according to technology levels, qualitative themes identified in this study must be read as representative patterns and not as universally generalizable. Originality/value Fusion center utilization of AI/ML technologies is as much an operational tool as it is a policy, governance and ethical challenge. Successful and professional use in support of law enforcement is about placing technological innovations firmly within institutional accountability and constitutional guardrails. On the one hand, AI/ML tools are enhancing analytical intelligence production by accelerating analytic workflows, predictive modeling and expanding data/information integration capabilities. AI/ML are extending ILP concepts by offering improvements in situational awareness and threat identification and operational efficiencies. On the other, substantial constraints hinder responsible use of these technologies. In the absence of standardized oversight frameworks, data-quality issues, algorithmic bias and the lack of professional development, workforce capacity and critical skills on the part of fusion center analysts will cancel the benefits of these tools.

Цель: to analyze the far-right extremism’s anti- government ideology as an external threat to law enforcement officers. Methods: dialectical approach to cognition of social phenomena, using the general and specific research methods based on it. Results: The relationship between far-right extremism and law enforcement in the United States has a long and complicated history. In 2020, this relationship was on display as both far-right extremists and law enforcement agencies were brought into the national spotlight for their roles in multiple unprecedented events. This research discusses how far-right extremism’s anti- government ideology represents an external threat to law enforcement officers. This threat is discussed through the presentation of 30-years of data on law enforcement officers killed in the line-of-duty by far-right extremists from the Extremist Crime Database. In addition, the research also examines law enforcement’s implicit and explicit support for far-right extremism, which creates an internal threat against the legitimacy of the profession. Finally, policy initiatives that come from, and build upon, prior research are discussed to reduce these threats.Scientific novelty: for the first time, the work substantiates that far-right extremists threaten the safety of law enforcement officers in the United States. Antigovernment extremists, who do not believe that they are subject to the laws of the jurisdiction where they live, pose the risk of escalating to violent acts when encountering law enforcement when they engage in both ideologically motivated and routine criminal activity. In addition, law enforcement agencies who hire far-right extremists face the very real prospect of becoming illegitimate in the eyes of the communities to whom they are sworn to serve and protect. Decades of criminological research has shown that lack of trust in law enforcement makes the job of policing a community more difficult and more dangerous. Although multiple paths forward were outlined that build on prior research and empirical knowledge, only decisive action by law enforcement and policymakers will result in outcomes that reduce the risk of external violent victimization to police and protect law enforcement agencies from being delegitimized by the presence of far-right extremists within their ranks.Practical significance: the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering issues related to the prevention, suppression and investigation of extremist crimes.The article was first published in English language by Criminology, Criminal Justice, Law & Society and The Western Society of Criminology Hosting by Scholastica. For more information please contact: CCJLS@WesternCriminology.org.For original publication: Parkin, W. S., Mills, C. E., Gruenewald, J. (2021). Far-Right Extremism’s Threat to Police Safety and the Organizational Legitimacy of Law Enforcement in the United States, Criminology, Criminal Justice, Law & Society, 2021, Vol. 22, No. 2, pp. 1–24. Publication URL: https://ccjls.scholasticahq.com/article/26321-far-right-extremism-s-threat-to-police-safety-and-the-organizational-legitimacy-of-law-enforcement-in-the-united-states

The article deals with the search for ways to combine the efforts of customs and law enforcement agencies in the fight against illegal attempts to move goods, objects or substances across the customs border of a country. The concept and basic principles of law enforcement activities are studied, as well as the criteria for inclusion in such a system. By analyzing the powers of a number ofstate bodies, the author has compiled a list of law enforcement agencies involved in the fight against smuggling. It is emphasized that customs authorities today can be fully attributed to law enforcement agencies. Approaches to understanding the interaction of law enforcement agencies, its principles and directions of implementation are considered in detail. The author critically assesses the absence of a legal act regulating the procedure for interaction of bodies in in the fight against crime. While there is definitely a need for this, although the issues of interaction are locally outlined in special laws on individual state (law enforcement) agencies. It is recognized that modern regulation of issues of interaction between law enforcement agencies, and their list should be updated in the light of the reforms of such bodies, and must necessarily include customs authorities. It is emphasized that the problem of duplication of tasks and functions, chasing indicators and creating the illusion of an active fight against crime, has been relevant for more than two decades. Despite changes in legislation, liquidation or reorganization of previous bodies and the creation of new ones, renewal of personnel and units, the lack of clear delineation of powers of law enforcement agencies, and sometimes of law enforcement agencies, and sometimes dual competence or departmental ambitions, lead to a distortion of the actual picture of the organization of countering smuggling. The author outlines certain risks of interference with the organization and implementation of customs control that arise from a destructive perception of interaction. The institutional capacity of customs authorities as a lever is considered for improving the mechanism of interaction between the State Customs Service and law enforcement agencies. The author substantiates the expediency of including operational units to the list of subjects of operational and investigative activities. The author additionally argues that the prospect of granting customs authorities to conduct pre-trial investigations, and it is proposed to to delimit the powers of the authorities conducting it, for which purpose to determine the jurisdiction of the crime of “Smuggling of goods” for the bodies of the State Customs Service of Ukraine.

At the heart of this book is a story about the surprising development of two of the great legislative victories in civil rights and immigration policy won by American liberal reformers in the 1960s. Both reforms were grounded in the liberal theory and constitutional doctrine of equal individual rights, and both were driven through Congress by essentially the same cadre of liberal elites. By 1970, moreover, both appeared to be achieving their intended consequences: destroying the racial caste system in the South and abolishing the national origins quota system. By 1975, however, it was clear that both reforms were leading to unintended consequences. In civil rights policy, enforcement methods shifted from nondiscrimination and soft affirmative action to the minority preference remedies of hard or race-conscious affirmative action. Immigration, both legal and illegal, soon surpassed pre-World War I levels in annual entry, with more than three-quarters of the immigrants coming from countries in Latin America and Asia. Although the civil rights and immigration reforms of the mid-1960s were widely approved throughout the United States by 1970, even among southern whites, polls showed that by 1980, both affirmative action and mass immigration were unpopular in the eyes of most Americans. Nevertheless, the civil rights and immigration coalitions showed skill and persistence in fending off attempts made during the Reagan presidency to curb immigration and hard affirmative action. Despite the political success of the conservative movement and the “Reagan Revolution,” both statutory and regulatory provisions for affirmative action programs and legal immigration levels generally expanded through the 1980s and 1990s, as elected officials at national, state, and local levels in both parties proved reluctant to offend the well-organized constituencies of the rights revolution.

IN an article published in this review (Antman & Duncan, 2015), we document how racial identity responds to state affirmative action policy. A coding error was recently brought to our attention that resulted in 0.55% of our sample being misclassified in terms of their African ancestry.1 We regret and apologize for this error. Although the error affected only a tiny percent of the overall sample, the correction changes the conclusion of how individuals with multiracial African ancestry respond to state affirmative action bans, from a negative and statistically significant effect to a positive and statistically significant effect. The corrected table 3 shows the updated results. The coefficients for college-aged individuals with African ancestry reported in table 5 are also now positive, but are no longer statistically significant at conventional levels. Correcting the error does not change the conclusions for individuals with only African ancestry or no African ancestry. None of the Asian ancestry classifications, and thus none of the results for individuals with Asian ancestry (table 4 and the last two columns of table 5), were affected by the coding error. There are no meaningful changes to the summary statistics in table 2 except in the column for those with multiracial black ancestry. The most notable change is the fraction of individuals with multiracial black ancestry who self-identify as black: 49.37% in the original table and 90.86% in the updated table.2 (For further explanation and a complete set of updated results, see Antman & Duncan, 2019.) We continue to find that racial identity responds to state affirmative action policy, albeit with a different conclusion for multiracial blacks, and we are now able to distinguish stronger effects for multiracial individuals with more distant connections to their minority group.This is the original abstract: We link data on racial self-identification with changes in state-level affirmative action policies to ask whether racial self-identification responds to economic incentives. We find that after a state bans affirmative action, multiracial individuals who face an incentive to identify under affirmative action are about 30% less likely to identify with their minority group. In contrast, multiracial individuals who face a disincentive to identify under affirmative action are roughly 20% more likely to identify with their minority group once affirmative action policies are banned.We modify this original abstract as follows: We link data on racial self-identification with changes in state-level affirmative action policies to ask whether racial self-identification responds to economic incentives. We find that after a state bans affirmative action, multiracial individuals who face an incentive to identify under affirmative action are about 2% to 5% more likely to identify with their minority group. In contrast, multiracial individuals who face a disincentive to identify under affirmative action are roughly 20% more likely to identify with their minority group once affirmative action policies are banned.

abstractTo remedy the structural and systemic socio-economic effects of apartheid, colonialism and patriarchy, South Africa’s constitutional legal framework provides creative remedies through anti-discrimination and employment equity (affirmative action) legislation to promote equal participation of women with disabilities in the workplace. In an Equality Court hearing, Singh, an applicant for a position of magistrate, argued that she was excluded from being short-listed ostensibly because as a partially blind woman, she would be unable to meet the requirement of a valid driver’s licence. Her disability status was not considered in applying the short-listing criteria. Singh successfully challenged the discrimination inherent in the short-listing process in Singh v Minister of Justice and Constitutional Development and Others (SA National Council for the Blind and another as Amici Curiae). The Equality Court ordered the Magistrate’s Commission to revise its criteria for short-listing in the appointment of magistrates to reflect the necessary racial and gender composition in appointments in the judiciary as well as to have regard for the need to promote persons with disabilities in its short-listing and appointment processes. The article will consider the relationship between race, gender and disability in employment equity (with emphasis on gender and disability) against the backdrop of the Singh case. It outlines the monitoring roles of two constitutional watchdogs: the Commission for Gender Equality (CGE), and the South African Human Rights Commission (SAHRC); and the enforcement role of the Commission for Employment Equity (CEE), in promoting equal workplace participation. The analysis of the Singh case and the greater legislative scheme can be used for employees and employers generally in understanding not just the importance and need for advancement of persons with disabilities in the workplace, but also in how this category of employees is considered in the hierarchy of other transformational grounds, such as race and gender and why it is not subordinate to those statuses. The article argues for a fuller notion of diversity, than mere representivity in employment equity, which would necessitate transforming current notions of “able-bodied and able-minded” norms within workplace processes of recruitment, appointment and retention practices. It recommends accountability fostered by the monitoring of state compliance by the Chapter Nine institutions, as well as strategic litigation to challenge state and non-state inaction or omissions.

This article examines legal developments in the United States, pertaining to the use of GPS tracking by the police for investigative purposes. Central to the issue of the use of GPS technologies by law enforcement agencies in the United States is the prohibition against ‘unreasonable searches and seizures’ provided by the Fourth Amendment of the United States constitution. Notably, a recent decision from the federal circuit for the District of Columbia, United States v. Maynard, has introduced a potentially new approach to Fourth Amendment questions upon being presented with the issue of GPS surveillance. Drawing on US jurisprudence, the article explores the privacy and regulatory issues surrounding the use of locational tracking on the part of law enforcement and suggests considerations for the definition of limits on the use of GPS surveillance, both with respect to warrants and statutory regulation of surveillance powers.

Összefoglalás. A tanulmány célja a mesterséges intelligencia (MI) belügyi és biztonsági célú alkalmazásának bemutatása, különös figyelemmel az arcfelismerő rendszerek és egyéb MI alapú megoldások rendvédelmi, nemzetbiztonsági, valamint önkormányzati és vízgazdálkodási területen való alkalmazásának lehetőségeire, adatvédelmi és kibervédelmi szempontjaira. A tanulmány ennek kapcsán mind az irányadó magyar és európai uniós előírásokat és célkitűzéseket, mind az MI-re irányadó hatósági gyakorlatot számba veszi és ismerteti, valamint ezek tanulságait összefoglalja és kiértékeli az egyes MI alapú megoldások sajátosságainak figyelembevételével. Summary. The purpose of the study is to take a closer look on the application of artificial intelligence (AI) concerning internal affairs and for security purposes, with a key focus on facial recognition systems and other solutions used by law enforcement and national security agencies to answer new challenges posed by cybercrime and criminal networks spreading through the cyberspace. In the light of the above, the study further takes into account the risks associated with the usage of AI solutions concerning internal affairs and for security purposes and tries to find possible measures to minimize them. Bearing this in mind, the study highlights the key relevant Hungarian and European Union requirements and goals, including the approach of the European Union concerning biometric identification and the Hungarian AI Strategy’s vision on the usage of AI based solutions for administrative, law enforcement, defense and military national security purposes. The study further analyzes the practical aspects of the usage of AI solutions by law enforcement agencies and the key aspects of facial recognition systems and other similar solutions. This includes the territory affected by the system, the period of monitoring, the human revision of the results presented by the algorithms, as well as data security minimum requirements and the rights of data subjects affected by AI solutions (e.g. sufficient information provided on the processing of their data in accordance with the national and public interests related to the usage of AI solutions). In addition to the above, the study further discusses the use of AI solutions by national security agencies, including the aspects of monitoring dark web activities conducted by criminal and terrorist organizations and ways for national agencies to intercept messages and gather evidence by new solutions in line with data protection and constitutional requirements. Finally, the study helps us understand, how AI based solutions can be used for facilitating everyday work of local governments (with a key focus on chatbot services and self-service opportunities) and for solving water management related tasks more efficiently, thus creating a more modern administration, where citizens can easily interact with administrative bodies and technical or simpler tasks are undertaken by algorithms. All in all, the study outlines how AI is currently used concerning internal affairs and for security purposes and how it can be used to help law enforcement and national security agencies fight new forms of crime empowered by technology or to further modernize local governments and water management systems and apply AI based solutions in accordance with data protection requirements and procedural laws.

The article is devoted to the peculiarities of public administration features formation in the conditions of strategic changes. The article focuses on the law enforcement agencies’ role in public administration in Ukraine. The main directions of public administration improvement within the framework of European integration reform are considered. Public administration development stages within the framework of state-public relations are determined. The content and state’s law-enforcement function peculiarities are analyzed. Due to major socio-political changes, the importance to develop and implement fundamentally new approaches to state’s law-enforcement function implementation is proved. The consequences of law-enforcement function limitation by legal forms and active use of illegal content forms are analyzed. Firstly, it covers a wide range of public relations and processes through law enforcement activities. Secondly, it promotes non-governmental organizations and citizens involvement in law-enforcement process. Thirdly, it reflects the objective pattern inherent in the rule of law. The law enforcement agencies’ role of a democratic state in law enforcement process is investigated. The law-enforcement agencies are regarded as public authorities empowered to monitor compliance with legislation in a particular defined area of law, to use coercion to enforce their tasks. The content of state’s law-enforcement bodies, their organization and activity determined by law, is revealed. The current problems of administrative decision preparation and organization of law-enforcement activity, in particular anti-corruption, are considered. The public administration elements in relation to each law-enforcement anti-corruption activity entities are considered.

As one of the first endeavours in the public sector that assess organisational consequences of hiring female employees in male-dominated occupations, this study examined organisational consequences that gender diversity would bring to male-dominated occupations, using a sample of law enforcement agencies. With law enforcement agencies' data from 464 cities with more than 50,000 residents in the USA, as well as Uniform Crime Reports Data, multiple regression analyses were conducted to find the effects of gender diversity. According to the findings, as more female sworn officers were hired in law enforcement agencies, conflicts between genders among sworn officers increased, but crime control performance was not significantly affected. Managerial implications are discussed.

The purpose of the study is to analyze some systemic problems in the organization and activities of the institution of the Human-Rights Ombudsman in Russia, bodies of the Prosecutor’s Office, the Investigative Committee of Russia, as well as the conditions of interaction between the Human-Rights Ombudsman and law enforcement and human rights bodies. The methodological basis of the study was the use of system-structural and dialectical methods of scientific knowledge. For a more detailed study of the problems, the methods of analysis, synthesis, and generalization were applied. For the study of normative legal regulations, special methods of document analysis in the field of knowledge under study were applied. The result of the study was the conclusion that the protection of human and civil rights and freedoms is an integral part of a developed democratic state governed by the rule of law. The authors believe that in order to improve the quality of protection of human and civil rights and freedoms it is necessary, first, to reform a large number of elements of the state system. Particular attention in all this must be paid, first and foremost, to the organization, activities, and legal status of the institution of the Human-Rights Ombudsman in Russia, as well as the bodies of the Russian Prosecutor’s Office and the Russian Investigative Committee. The second stage should be the creation of optimal conditions for interaction between the Russian Human-Rights Ombudsman and the Russian Prosecutor’s Office, the Russian Investigative Committee, and other law enforcement agencies in order to protect human and civil rights and freedoms. The novelty of the study is in the author’s approach to the consideration of these problems, as well as in the development of appropriate proposals to address them.

The textbook meets the requirements of the state educational standard for the discipline "Law Enforcement agencies", contains information about state bodies engaged in law enforcement activities, as well as non-governmental organizations designed to promote it, reflects changes in legislation on the judicial system, the bar, the notary, the prosecutor's office, bodies of inquiry and preliminary investigation, justice, internal affairs and the federal security Service. For students of higher educational institutions, graduate students, teachers, law enforcement officers, employees of private detective and security services, as well as a wide range of readers interested in the protection of life, health, human and civil rights and freedoms, property, security and law enforcement from criminal encroachments.

This article examines the impact of the Knight v. Alabama ruling by looking at undergraduate student demographic data for historically Black Alabama A& M University and Alabama State University and traditionally White Auburn University and the University of Alabama. It also evaluates developments in higher education in Alabama after the Knight decision. Moreover, the article endeavors to determine if the state has been slow in implementing the court's ruling. The decision in the case ultimately held that vestiges of de jure segregation were still extant in Alabama universities and colleges. The federal district court ruled that the state of Alabama needed to take steps to rectify the situation. The court also mandated that Alabama engage in affirmative efforts to eradicate the remaining residue of discrimination and segregation. INTRODUCTION The history of segregation and desegregation in higher education has been well documented in annals of legal history. Segregation and desegregation remain an issue in America, and some wonder if the principles enunciated in Brown will ever truly take hold (Stefkovich & Leas, 1994). With Brown v. Board of Education (1954) serving as the anchor case, desegregation history can be divided into two eras-the old and new. The old-era cases primarily dealt with overturning statesanctioned segregation. Seminal cases from the old era consist of Plessy v. Ferguson (1896), Berea College v. Commonwealth of Kentucky (1908), Missouri ex r el. Gaines v. Canada (1938), Pearson v. Murry (1936), Sipuel v. Oklahoma (1948), McLaurin v. Oklahoma (1950), and Sweatt v. Painter (1950). The new-era cases deal with equity in higher education for historically Black colleges and universities. Some seminal cases of the new era are Adams v. Richardson (1973), Ayers v. Fordice (1997), United States v. Fordice (1992), Geier v. Alexander (1984), United States v. Alabama (1987), Knight v. Alabama (1991), and United States v. Louisiana (1993). REMAINING RESIDUE OF SEGREGATION The federal court ruling in Knight v. Alabama represents the problems of truly integrating educational institutions in the southern states in the modern era. The decision in the case ultimately held that vestiges of de jure segregation still existed in institutions of higher learning in Alabama and that the State of Alabama needed to take steps to rectify the situation. The federal district court ruling in the case mandated that Alabama engage in affirmative efforts to break down the remaining residue of discrimination and segregation, including such affirmative actions as actively recruiting more African American students and faculty to the historically White state schools, ensuring that the historically Black colleges and universities (HBCUs) within the state receive appropriate resources and funding, and ensuring that White students are recruited for HBCUs and that diversity is promoted at the state's HBCUs. The case of Knight v. Alabama originated from a Title VI compliance investigation of Alabama's public higher education by the U.S. Office of Civil Rights and U.S. Department of Health, Education and Welfare. In 1981, Governor Fob James and the presidents of the state's public higher education institutions received letters from the U.S. Department of Education alleging that vestiges of the former de jure segregated system remained in the state's universities and colleges, which, if true, was a violation of Title VI. Alabama was directed to submit a plan that would ensure that all remaining residue of segregation would be removed. Nineteen other southern and border states were ordered to prepare plans as well (Brown, 1999; Freer, 1982). After months of unsuccessful negotiations between the Governor's office and the Office of Civil Rights, the Assistant secretary for the Office of Civil Rights sent a letter to Governor James stating that within 10 days of receipt of the letter Alabama must submit a plan or the matter would be referred to the United States justice Department for litigation. …

Thurgood Marshall was unquestionably the greatest lawyer of the 20th century in the United States and perhaps the world. However, not too many years before Marshall successfully argued the 1954 Brown v. Board of Education of Topeka, Kansas case, which set the stage for the desegregation of all public education in the U.S., Marshall. himself had been denied admission to the University of Maryland Law School because of the color of his skin. Wounded but not defeated by this egregiously deliberate racial discrimination, he went on to excel as a superb law student at the Howard University Law School. There, Marshall was inspired by magnificent teachers and lawyers such as Charles Hamilton Houston. Upon obtaining his law degree, Marshall embarked on a remarkable career that included experiences as the general counsel of the National Association for the Advancement of Colored People (NAACP) and the nation's leading civil rights attorney, as the Solicitor General of the United States, as a judge on the United States Court of Appeals for the Second Circuit, and culminating as an Associate Justice on the Supreme Court of the United States for nearly a quarter of a century (Rowan, 1993).It is most appropriate that some of Marshall's most significant legal victories prior to Brown involved successful challenges to the racially discriminatory and exclusionary policies of major state public university law schools. In State of Missouri, ex. rel. v. Gaines (1938) and Sweatt v. Painter (1950), for example, Marshall achieved favorable decisions overturning the racial discriminatory and exclusionary practices of the then all-White law schools of the universities of Missouri and Texas, respectively. These victories were especially sweet ones for him given his own personal experiences of denial and rejection, based on race, in his pursuit of a legal education.It was not until 1974, fully two decades after its landmark decision in Brown, that the United States Supreme Court again faced the issue of racial discrimination in professional school education in DeFunis v. Odegaard. Significantly, and as would be expected, now-Justice Thurgood Marshall was among the dissenting voices in this case, which presented an opportunity for the Court to decide whether an affirmative action admissions policy adopted by the University of Washington Law School failed to meet the equal protection provisions of 14th Amendment. By a narrow 5-4 margin, however, the Court deemed the case moot, signalling that it was neither willing nor prepared to decide the first of the major post-Brown race discrimination cases in the realm of professional school and higher education.The DeFunis case involved a White male applicant, Mark DeFunis, who had graduated with distinction from college. After repeated unsuccessful efforts to obtain admission, DeFunis sued the University of Washington Law School and its chancellor in federal district court. He alleged that persons in recognized affirmative action classifications were admitted, despite their lower predicted first-year averages, because of their race or color.(1) As a White applicant, DeFunis claimed, he had been unconstitutionally denied admission in violation of his 14th Amendment right to equal protection. The Court, under the auspices of Associate Justice William Douglas, granted interlocutory relief to DeFunis. This allowed him to be admitted to and attend the law school while his case proceeded through the lower federal courts. By the time the matured case returned to the Supreme Court, DeFunis was in the final semester of his last and third year of the law degree program. Because his graduation was imminent and in all likelihood assured, the Court refused to hear the case on the merits, deeming it moot.By 1978, however, the situation had changed. In what has become perhaps the landmark post-Brown decision in this area of contention, at least in the public university context, the Supreme Court endorsed the principle of affirmative action in University of California v. …

INTERNATIONAL ADMINISTRATION OF JUSTICE: THE NEW AMERICAN SECURITY FRONTIER by Martin Edwin Andersen T,he collapse of the Soviet empire brought with it a radical change in the nature of security threats to the United States. No longer confronted by an ideologically hostile superpower whose nuclear muscle mirrors its own, the United States faces newdifficulties. One ofthe gravestthough least understood lies in international law enforcement. Mafia-like international cartels, drug trafficking, money laundering, and the spread of arms and weapons technologies, have rendered obsolete many ofthe policies successfully used in the era of bipolar confrontation. "Advances in communications, transportation and weapons technology have all increased the ability ofcriminals with access to these technologies to commit their crimes and evade prosecution," State Department diplomat Frank G. Wisner told the Senate Foreign Relations Committee in a hearing last June. International crime undermines national economies and erodes public confidence in civilian political leadership and republican institutions . Criminals with global reach are outstripping the capabilities ofweak, inexperienced law enforcement agencies in emerging democracies. Martin Edwin Andersen (SAIS MA 1981) was a professional staff member ofthe Senate Foreign Relations Committee. He has served as Director ofLatin American programs and the Civil-Military Project ofthe Washington-based National Democratic Institute for International Affairs. He is the editor of the book, Hacia una nueva relación: El papel de las Fuerzas Armadas en un gobierno democrático. (Buenos Aires: National Democratic Institute for International Affairs, 1990), and his latest book, Dossier Secreto: Argentina's Desaparecidos and the Myth of the "Dirty War" (Boulder: Westview Press) is to be published early this year. 89 90 SAIS REVIEW The Bank of Commerce and Credit International scandal exposed the difficulties law enforcement agencies had in monitoring the operations of a multinational bank which used highly sophisticated modern business techniques and communications equipment in dozens ofcountries. Federal investigators point out that the bank sought out jurisdictions where law enforcement was unsophisticated or did not exist. Growing cooperation between international criminal organizations comes as the world economy is evermore vulnerable totheirclout. Examples abound. A three-year undercover operation last fall led to the arrest of more than 200 persons in six countries and provided evidence that criminal families in southern Italy had established strongties to the American Mafia and Colombian drug dealers.1 Mafiosi in Sicily, Naples, and Calabria, and the drug cartels of Cali and Medellin find new opportunities for money laundering in the cash economies ofthe new democracies and their newlyprivate unregulated banks. The number of foreign banks operating in the United States, and the ease with which billions of dollars can be shipped by electronic transfer in a matter of seconds, are largely responsible for the $100 billion in cocaine profits shipped from the United States to foreign banks annually, according to U.S. investigators.2 The new awareness about the internationalization of crime comes at an uncertain juncture in the post-Cold War world. Large armed forces; increases in reported crime; and insecure environments for needed foreign investment have thrown up roadblocks in what many had briefly hailed as a progression to a new and more humane world. In nations as different as El Salvador and Russia, weak law enforcement has brought with it complaints that non-authoritarian or democratic rule results in unsafe streets.3 In a growing number of developing nations, effective civilian rule remains impeded by armies whose main role lies in internal security; the persecution ofdomestic enemies, rather than national defense. The subordination oflocal police forces to the armed forces, often the result ofoutmoded U.S. counterinsurgency doctrines, has produced demoralization, led to a lack of professionalism in the police, and encouraged the armed forces to remain involved in politics. The dangers inherent in military solutions to law enforcement can be seen in the recent barracks rebellions in Venezuela, one of Latin America's oldest democracies. Events in Haiti and Peru offer even graver examples of a continued reliance on military forces to carry 1."World Crime Groups Expand Cooperation, Spheres of Influence," Washington Post, October 5, 1992; "Colombian Antidrug Effort is Challenged By Political Resistance, Cartel Shift to Heroin," Christian Science Monitor, Jan. 31, 1992. 2."Lax Rules Blamed in Bank Schemes," Los...