SCOTUS has an enforcement problem | |
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The Supreme Court was an untested institution in 1801 when William Marbury filed a lawsuit there to finalize his appointment as a justice of the peace. (Marbury was tapped by John Adams, but the administration flubbed some paperwork.) The court was wary of ruling against Marbury, lest it signal to incoming President Thomas Jefferson that he could shirk legal responsibilities. But ruling for Marbury was also fraught: What if Jefferson simply ignored the decision? It wouldn’t be the last time the court confronted its own lack of enforcement mechanisms, writes Greg Stohr, a quandary increasingly relevant in Donald Trump’s second term. |
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If enforcement is a tricky business, deterrence is even trickier. Just ask Bethany McLean, whose 2001 reporting played a major role in exposing wrongdoing at Enron. At the time, McLean felt that the lengthy jail sentences given to the company’s two former CEOs would send a clear message to C-suites everywhere: White-collar crime isn’t worth it. But two decades, a financial crisis, a Bernie Madoff, a Wirecard, a Martin Shkreli, a Theranos, and an SBF later, she’s not so sure it worked. |
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There’s intended deterrence that doesn’t work, and then there’s unintended deterrence that does. As notetakers powered by artificial intelligence become more common in meetings, human participants are becoming more circumspect, writes Chris Stokel-Walker. While the tech companies behind these tools pitch them as a step forward in productivity, their presence also raises privacy and etiquette concerns, and risks making bad meetings even worse. |
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London Vic Broughton doesn’t consider herself political. But like thousands of other farmers who protested in London this week, she’s seething over the country’s plans to levy inheritance tax on farms passed from one generation to the next. Britain’s farmers aren’t alone: Across Europe, farmers are fed up. Grievances vary — diesel prices in Germany, trade deals in France — but all highlight a loss of faith in government. Illustration: Maggie Cowles for Bloomberg Jaipur In a city dotted with ancient sandstone forts, executives from the world’s richest art institutions gathered to ponder a question: What are the responsibilities of a modern museum? During a panel at the Jaipur Literature Festival, participants lauded countries’ growing success in demanding the return of looted antiquities. But some argued globalization has redrawn enough borders to make the approach illogical. Illustration: Isabella Cotier for Bloomberg |
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Live from New York | “[Lorne] Michaels’s stock advice to colleagues was to ‘rotate your drugs.’” | Susan Morrison Author of Lorne: The Man Who Invented Saturday Night Live | Morrison’s book is a dazzling tribute to the show-biz sage who created SNL 50 years ago and has helmed it ever since. Many biographies are done in by a lack of scintillating source material; this is not one of them, writes Felix Gillette. |
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