Narrative and Social Control

copslogoIn recent decades, awareness of narrative and of stories in general has increased in many fields and academic disciplines, law included.  However, it is nevertheless surprising to see that even law enforcement specialists in the Justice Department have developed an appreciation of the workings and importance of narrative.

This heightened sensitivity surfaced in the recent Justice Department report on police conduct in Ferguson, Missouri following the shooting of Michael Brown.  Issued by the Department’s “Community Oriented Policing Services” office, the report outlines no fewer than 113 lessons that police in Missouri and elsewhere might learn from developments during the seventeen days following Brown’s death and funeral.

Much of the report is predictable.  It criticizes such police tactics as the use of dogs, tear gas, and so-called “overwatching.”  With the latter, police use rifle sights to survey a crowd from positions on top of police vehicles.  Overall, the report warns that “militarization” of a volatile situation will probably make things worse.

Toward the end of the report, its authors turn to what they label “lost narrative.”  In their opinion, Missouri law enforcement was too slow to provide information about the shooting of Brown and thereby created an opening for alternative representations of the incident.  Supporters of Brown and his family seized the opportunity and offered an alternative narrative, one conveyed largely but not completely through the social media and one stressing that “Black Lives Matter.”

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Walker’s Presidential Campaign: Down but Not Out, Experts Agree

Wisconsin Gov. Scott Walker’s campaign for the Republican presidential nomination has slumped but that doesn’t mean you can predict his future in a race that is in an uncertain state.

Three expert political observers agreed on both parts of that statement in an “On the Issues with Mike Gousha” program at Eckstein Hall on Wednesday. In short, Walker’s down, but don’t count him out.

“It’s gut check time” for Walker, said Molly Ball, who covers national politics for The Atlantic. Walker has gotten away from the campaign messages that were working well for him both in Iowa and nationally, she said, and the surge of support for Donald Trump has deflated Walker’s campaign. She said it’s surprising to see someone known for his composure to be as rattled as Walker has appeared in some recent instances.  

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When Public Safety and Water Quality Collide

Greater environmental protection and increased public safety are often believed to be synonymous, or at least to go hand-in-hand.  Sometimes, though, those goals are arguably in tension.  The application of salt to de-ice roads, parking lots, and sidewalks for safe travel is one such case.  Those who have lived and worked in northern climates are no doubt familiar with the sensation of excess de-icing salt crunching underfoot during the winter months, and have probably lamented the imStrifling blog photopact of excess salt on shoes, clothes, and vehicles.  Recent studies have shown that disproportionate application of deicing salt also has a significant and negative impact on water quality in the form of elevated chloride concentrations.

Not much attention has been paid to this problem from a legal or policy standpoint, and it’s unlikely that it can be addressed with traditional regulatory tools providing only limited authority over so-called “non-point sources,” such as farm fields and – as relevant to the problem of excess de-icing salt – roads and parking lots.  Alternative policy tools to address the issue might include a salt tax, green infrastructure, integrated watershed assessment and management, and self-governance at the community or individual levels incentivized by regulators or demanded by customers and the public. 

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