Next, the authors chronicle the burgeoning judicial hostility to race-conscious governmental policies and practices. They discuss the related shift from intermediate scrutiny to strict scrutiny in equal protection jurisprudence and the Commission's frantic efforts to provide justifications for its increasingly endangered race-based diversity regulations. The authors also examine the need for diversity in programming, both arguing that structural diversity among broadcast media outlets presents the best means of securing ideologically diverse programming and responding to potential objections to structural regulations aimed at securing such diversity. Finally, the authors elaborate on how such structural media regulations do not raise serious equal protection problems and conclude with a reminder that a healthy democracy depends upon a myriad of voices. Law Review, Vol.
Moral culpability is weighed against utilitarian concerns in decisions to impose criminal sanctions.
Further, even the assessment of culpability itself is mediated by utilitarian concerns driven by criminal law's alternatives. This dynamic arises because criminal law's long-standing twin rationales, retributivism and deterrence, sometimes conflict in the response they counsel for culpable wrongdoing. The way we actually employ criminal liability demonstrates the contingency of criminal law, and culpability itself, on civil alternatives and social costs, and this has distributive implications. Yet reasons for it explain why we have yet to move street crime policy in the productive direction that increasingly characterizes white collar policy. The article examines the concept of a professional community, and asks how professionals learn, transmit, and enforce informal social norms against deviant community members.