Digital Commons Network^™

Rawls, Game Theory, And The Multiple Meanings Of Equality, David Crump

St. Mary's Law Journal

No abstract provided.

Understanding Lived Experiences Of Correctional Officers' Reintegration Back Into The Work Environment Post-Assault, Claudette Duggins

Doctoral Dissertations and Projects

The researcher explored the experiences of correctional officers assaulted by inmates, focusing on the impact of such assaults on their reintegration into the work environment. The researcher sought to understand how these experiences affect officers' attitudes, behaviors, and decision-making, which could impact the safety and security of the institution and the public. A qualitative approach using a phenomenological research design was employed to understand the lived experiences of assaulted correctional officers. Data emerged through participant interactions, capturing their personal experiences and perspectives. The qualitative method was chosen over a quantitative approach as it allowed for an in-depth understanding of the …

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

Articles

Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …

One Crisis Or Two Problems? Disentangling Rural Access To Justice And The Rural Attorney Shortage, Daria F. Page, Brian R. Farrell

Washington Law Review

We have all seen the headlines: No Lawyer for Miles or Legal Deserts Threaten Justice for All in Rural America. There is a substantial body of literature, across disciplines and for diverse audiences, that looks at access to justice in rural communities and geographies. However, in both the popular and scholarly imaginations, the access to justice crisis has been largely conflated with the shortage of local attorneys in rural areas: When bar associations, lawyers, and legal academics define the problem as not enough lawyers, more lawyers become the obvious solution. Consequently, programs aimed at building pipelines from law schools …

Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe

Georgia Journal of International & Comparative Law

No abstract provided.

After The Crime: Rewarding Offenders’ Positive Post-Offense Conduct, Paul H. Robinson, Muhammad Sarahne

All Faculty Scholarship

While an offender’s conduct before and during the crime is the traditional focus of criminal law and sentencing rules, an examination of post-offense conduct can also be important in promoting criminal justice goals. After the crime, different offenders make different choices and have different experiences, and those differences can suggest appropriately different treatment by judges, correctional officials, probation and parole supervisors, and other decision-makers in the criminal justice system.

Positive post-offense conduct ought to be acknowledged and rewarded, not only to encourage it but also as a matter of fair and just treatment. This essay describes four kinds of positive …

White Racial Identity And Its Impact On Punitive Attitudes Towards Juvenile Offenders, Rossol Gharib

Student Theses

White Racial Identity is a relatively new concept with little to no consensus as to the operationalization of such identity. The first ever White Racial Identity model was developed by Janet E. Helms in 1990. The role of White racial identity has been studied in the context of the racial gap in employment and its influence on racial attitudes, but it has yet to be studied in the context of the juvenile justice system. The criminal justice system is racially imbalanced, with Black males imprisoned 5.5 times more than White males. One of the factors contributing to this imbalance is …

"We The People": Self-Governance And The Evolving Treatment Of Freedom Of Assembly In The United States, Josephine Savaria-Watson

CMC Senior Theses

This thesis looks to ground the importance of a vigorous right to assemble in the history of the United States. I argue that given the events of the last year, the current Supreme Court doctrine that limits assembly and association to expressive purposes is too restrictive and fundamentally misunderstands group rights. Instead, I argue that the Supreme Court must reinvigorate the right to assemble in order to protect democratic governance.

I begin with the history of assembly in the United States in Chapter II, which demonstrates how assemblies have been utilized by minority groups as a means to exercise political …

(Un)Qualified Immunity: An Analysis On Qualified Immunity And Civilian Sentiments, Guy Hodge Ii

Electronic Theses and Dissertations

Recent events involving the deaths of unarmed, African American citizens have brought forth an increased attention to the application of qualified immunity to law enforcement. This study aims to gain a civilian perspective on qualified immunity. Qualified immunity, as defined by the Supreme Court case Harlow v. Fitzgerald, 457 U.S. 800 (1982), grants government officials performing discretionary functions immunity from civil suits unless the plaintiff shows that the official violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Through a national-level survey, this study captures an overall favorability of qualified immunity as well as …

Teaching With Feminist Judgments: A Global Conversation, Susan Frelich Appleton, Gabrielle J. Appleby, Ross Astoria, Linda L. Berger, Bridget J. Crawford, Sharon Cowan, Rosalind Dixon, Troy Lavers, Andrea L. Mcardle, Elisabeth Mcdonald, Teri A. Mcmurtry-Chubb, Vanessa Munro, Kathryn M. Stanchi, Pam Wilkins

Scholarship@WashULaw

This conversational-style essay is an exchange among fourteen professors — representing thirteen universities across five countries — with experience teaching with feminist judgments. Feminist judgments are “shadow” court decisions rewritten from a feminist perspective, using only the precedent in effect and the facts known at the time of the original decision. Scholars in Canada, England, the U.S., Australia, New Zealand, Scotland, Ireland, India and Mexico have published (or are currently producing) written collections of feminist judgments that demonstrate how feminist perspectives could have changed the legal reasoning or outcome (or both) in important legal cases.

This essay begins to explore …

The Superfluous Fifteenth Amendment?, Travis Crum

Scholarship@WashULaw

This Article starts a conversation about reorienting voting rights doctrine toward the Fifteenth Amendment. In advancing this claim, I explore an unappreciated debate—the “Article V debate”—in the Fortieth Congress about whether nationwide black suffrage could and should be achieved through a statute, a constitutional amendment, or both. As the first significant post-ratification discussion of the Fourteenth Amendment, the Article V debate provides valuable insights about the original public understandings of the Fourteenth and Fifteenth Amendments and the distinction between civil and political rights.

The Article V debate reveals that the Radical Republicans’ initial proposal for nationwide black suffrage included both …

Jews, Not Pagans, Richard Schragger, Micah Schwartzman

San Diego Law Review

Richard Schragger & Micah Schwartzman’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.

Power, Punk, And Performance: A Critical Analysis Of Hooligan Laws In Russia, Noelle Wurst

Honors Program Theses

This paper presents the argument that the criminal charge of hooliganism in Russia is a political tool used to suppress dissent and uphold the authoritarian ideals of Putin’s regime. The background of this analysis includes a broad overview of the development of the hooligan laws over time and how they have been used to advance elite interests. In addition, the key policies, institutions, and rhetoric that surround hooliganism in present-day Russia are identified. The legitimacy of the hooligan laws is then tested against both domestic and international law, especially in regards to norms on freedoms of speech.

Ua12/2/2 Talisman: Movement, Wku Student Affairs

WKU Archives Records

2018 Talisman yearbook.

• Good, Hannah. Movement
• Kinser, Nicholas. Tunnel Trap
• Cozer, Claire. A Day in the Life of a Food Truck – Mike Wilson, Pop’s Street Eats
• Fletcher, Griffin. Beauty in Power – WKU Women’s Rugby Club
• Gordon, Zora. The Mixed Experience
• Hornsby, Morgan. Bonfire
• Waters, Adrianna. Mispoken – Communication Disorders
• Chu, Phi. Home Base – Jessica Barks
• Cooksey, Catrina. Rerouted – Sydney Clark, Austin Clark, Blake Perkins, Sheila Flener, Handicapped Persons
• Good, Hannah. Not Safe for Work – Prostitution
• Chu, Phi. Transfigured Night
• Carter, De’inara. Passing the Plate – International Students, Recipes
• Robb, Hayley. From Sole to Soul – …

Is Community Based Policing The Answer? Yemen’S Fight Against Aqap, Maximilian Kaehler

Senior Theses

Throughout history we have seen drastic changes in methods for combating terrorism; however, as a society we have never been able to find an effective solution. In recent years we have seen countries use community based policing in an effort to fight terrorism at home; how would adopting community based policing efforts help or hurt countries throughout the Middle East in combating terrorism? I believe that implementing community based policing into these countries would drastically improve civilian and government relationships as well as hinder terrorists’ ability to recruit new member from these areas. I conduct a multi-case study then apply …

The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content-coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on the due process are a panicked response to the terror attacks of 2001. On …

The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on due process are a panicked response to the terror attacks of 2001. To …

The Applicability Of Criminology To Terrorism Studies: An Exploratory Study Of Isis Supporters In The United States, Amanda Marie Sharp Parker

USF Tampa Graduate Theses and Dissertations

In the years following the 11 September 2001 attacks, research in the area of terrorism expanded exponentially. However, the changing nature of terrorism and lack of available data make it a difficult topic for criminologists to study; as academics we do not have access to the governmental data and data that is publicly available is often restricted due to the sensitive nature of national security issues. As first hand data is not available, an alternate data source, court records, may provide insight to the profile of current terrorists/terrorist supporters in the United States. Using court data from 71 cases of …

Chicago’S Little Sicily, Robert M. Lombardo

Robert M. Lombardo

No abstract provided.

18th Century Anarchism And Its Effect On Modern Day Domestic Terrorism, Mary A. Scott

Undergraduate Honors Theses

Anarchism is a political and socioeconomic force that has driven violent methods of social and political change for centuries. Relating Anarchism to these violent acts demonstrates a deep-seeded link to terrorism. Anarchism is one of the main forces behind modern day terrorism due to its long history alongside the ever evolving term terrorism. By connecting these two concepts, domestic terror groups can be better analyzed and understood, and future attacks from within the United States may be prevented.

Interview Of Michael R. Dillon, Ph.D., J.D., Michael R. Dillon, Ph.D., J.D., John A. Prendergast

All Oral Histories

Dr. Michael Richard Dillon (1942-2020) was a Professor and Chair of the Political Science Department at La Salle University in Philadelphia. He grew up in Wilmette, Illinois, a suburb just outside of Chicago, where he spent many years before opting to attend the University of Notre Dame for his undergraduate and, later, his graduate and doctoral degrees. Dr. Dillon first came to La Salle in 1968, where he spent 17 years as a member of the Political Science Department under the Chair at the time, Robert Courtney. After obtaining a J.D. from Temple University, Dr. Dillon left La Salle in …

The Classical American State And The Regulation Of Morals, Herbert J. Hovenkamp

All Faculty Scholarship

The United States has a strong tradition of state regulation that stretches back to the Commonwealth ideal of Revolutionary times and grew steadily throughout the nineteenth century. But regulation also had more than its share of critics. A core principle of Jacksonian democracy was that too much regulation was for the benefit of special interests, mainly wealthier and propertied classes. The ratification of the Fourteenth Amendment after the Civil War provided the lever that laissez faire legal writers used to make a more coherent Constitutional case against increasing regulation. How much they actually succeeded has always been subject to dispute. …

Examining The Role Of Race, Gender, And Class In African-American Police Perceptions In Rural Kentucky, Paul Maxwell Blackhurst

Online Theses and Dissertations

Prior research has consistently demonstrated the role of race in understanding racial and ethnic differences in perceptions of the police. This research has overwhelmingly shown that Blacks and Latinos hold lower levels of trust and confidence in the police than do Whites and other racial minorities. The increased skepticism of the police expressed by minority citizens is commonly associated with racial profiling and documented racial disparities in police behavior. Although policing research has empirically demonstrated the influence of race on perceptions of the police, few studies have explored police perceptions from a rural context. By employing the Citizen's Attitudes Towards …

How The British Gun Control Program Precipitated The American Revolution, David B. Kopel

David B Kopel

Abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the 1774 import ban on firearms and gun powder; the 1774-75 confiscations of firearms and gun powder, from individuals and from local governments; and the use of violence to effectuate the confiscations. It was these events which changed a situation of rising political tension into a shooting war. Each of these British abuses provides insights into the scope of the modern Second Amendment.

From the events of 1774-75, we can discern that import restrictions or bans on firearms or ammunition are constitutionally suspect — at least …

"Trophy Husbands" & "Opt-Out" Moms, Beth Burkstrand-Reid

Nebraska College of Law: Faculty Publications

Before women were "opting out" of the workforce (as depicted by the New York Times)' to stay at home with their children, a subset of fathers had already done so. The 2002 Fortune cover story titled Trophy Husbands documented the "dramatic shift afoot" of well-off, educated men leaving paid work in order to tend to the home and kids in support of their powerful wives' careers:3 "Trophy Husbands? Arm candy? Are you kidding? While their fast-track wives go to work, stay-at-home husbands mind the kids. They deserve a trophy for trading places. The article portrayed these men as taking …

Documentation, Documentary, And The Law: What Should Be Made Of Victim Impact Videos?, Regina Austin

All Faculty Scholarship

Since the Supreme Court sanctioned the introduction of victim impact evidence in the sentencing phase of capital cases in Payne v. Tennessee, 501 U.S. 808 (1991), there have been a number of reported decisions in which that evidence has taken the form of videos composed of home-produced still photographs and moving images of the victim. Most of these videos were first shown at funerals or memorial services and contain music appropriate for such occasions. This article considers the probative value of victim impact videos and responds to the call of Justice John Paul Stevens, made in a statement regarding the …

What Are We Doing To The Children?: An Essay On Juvenile (In)Justice, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Problem With Similarity: Ethnic Affinity Migrants In Spain, David Cook-Martín, Anahi Viladrich

David Cook-Martín

Politics that give a privileged migratory or citizenship status to individuals abroad because of presumed common origins with a granting state’s people foster the expectation that ethnic affinity facilitates social and economic integration. However, a growing literature has documented a mismatch between the social and the economic expectations of people defined as co-ethnics by these policies. Relying on a study of Spanish-descent Argentines who have ‘returned’ to Spain, we argue that the effect of perceived ethnic affinities varies by social context. While ethnic similarity with natives may offer an advantage to migrants in search of housing or educational opportunities, it …

Situating Emotion: A Critical Realist View Of Emotion And Nonconscious Cognitive Processes For Law And Legal Theory, David J. Arkush

BYU Law Review

No abstract provided.

A Study Of Anti-Social Behaviour On Dublin Bus Routes, Kevin Scott

Dissertations

The area under investigation was the phenomenon of criminological behaviour occurring on Dublin Bus Routes. Research questions were based around: 1) what anti-social behaviour is occurring on buses, 2) when is this behaviour occurring, 3) who is perpetrating this behaviour and 4) how is anti-social behaviour on buses being tackled? Two problematic bus routes and one control route were selected based on geographic spread and the comparative ratio of criminal incidents involved (the 78A, 77 and the control case: 46A). A statistical analysis of existing information from Dublin Bus surrounding anti-social behaviour on these routes was conducted. The researcher then …