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Presumably the states will provide some non-quantitative evidence indicating how hard they have worked at enforcement, but how do you persuade the arbitrator that youve been diligently enforcing the tax when your own estimate of the compliance rate is so low? Bulow said that it was almost inevitable that the diligent enforcement clause would cause problems for the states

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In turn, a focus on arrest numbers may translate into an emphasis on drug arrests, because drug arrests are often easier to obtain than arrests for any other type of offense, especially if certain neighborhoods are targeted