Open Access. Powered by Scholars. Published by Universities.®

Legal Studies

PDF

Institution
Keyword
Publication Year
Publication
Publication Type

Articles 1 - 30 of 102

Full-Text Articles in African American Studies

Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol Jan 2024

Who’S Afraid Of Being Woke? – Critical Theory As Awakening To Erascism And Other Injustices, Berta E. Hernández-Truyol

Journal of Critical Race and Ethnic Studies

No abstract provided.


"The Best Interests Of The Child:" Parental Claims In Nebraska Child Custody Cases, 1877 1924, Esme Krohn Aug 2023

"The Best Interests Of The Child:" Parental Claims In Nebraska Child Custody Cases, 1877 1924, Esme Krohn

Digital Legal Research Lab

No abstract provided.


Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs Aug 2023

Habeas At Home And Heart: Progressive Era Cases Of Spousal Confinement To Nebraska's Psychiatric Households, Isabelle Childs

Digital Legal Research Lab

No abstract provided.


The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce May 2023

The Ambiguity Of Probable Cause And Its Contentious Application By Police, Dave Sainte-Luce

College Honors Program

It is well documented how our country’s Criminal Justice System has a history of targeting people of color. A lot of this contention is derived from police officers’ behavior when interacting with individuals, yet officers only act upon the laws and legal policies that grant them authority, including probable cause. My thesis addresses the question, how does the fluid and ambiguous nature of probable cause leave the door open for officers to disproportionately target people of color in the United States? While focusing on vehicle, person, and property searches, I first define probable cause, building an understanding of exactly what …


One Among Many: Charlotte Kolmitz,Assistant U.S. Attorney In Seattle, 1918 -1925, Anna Synya Apr 2023

One Among Many: Charlotte Kolmitz,Assistant U.S. Attorney In Seattle, 1918 -1925, Anna Synya

Digital Legal Research Lab

No abstract provided.


The Role Of Procedural Justice In Policing: A Qualtative Assessment Of African Americans' Perceptions And Experiences In A Large Us City, Daniel K. Pryce, Ingrid Phillips Whitaker Jan 2023

The Role Of Procedural Justice In Policing: A Qualtative Assessment Of African Americans' Perceptions And Experiences In A Large Us City, Daniel K. Pryce, Ingrid Phillips Whitaker

Sociology & Criminal Justice Faculty Publications

Empirical studies have pointed to the increasing importance of procedural justice as a tool for improving the relationship between the police and local communities. The mediating role of procedural justice continues to be embraced by scholars, practitioners, and community members; as a result, we examine in the present study African Americans’ attitudes toward the police via the interpretive lens of procedural justice policing. Using procedural justice questions found in the social-psychology literature, we interviewed seventy-seven African Americans in Durham, NC, to assess their views about the U.S. police. Our results point to the following for improving the relationship between the …


How Racial Trauma Manifests In Black Women From Direct And Indirect Encounters With Police Brutality, Ashley Turner Jan 2023

How Racial Trauma Manifests In Black Women From Direct And Indirect Encounters With Police Brutality, Ashley Turner

Antioch University Dissertations & Theses

This phenomenological study explored Black women’s lived experiences with racial trauma stemming from direct and indirect encounters with police brutality. A total of nine participants living in Washington state participated in this study. They identified as Black, ciswomen, fluent in English, and at least 21-years-old. In-depth, semi-structured, qualitative interviews were conducted to explore participants’ experiences with police. Transcripts were analyzed using interpretative phenomenological analysis. The results consisted of the following five themes: (a) forms of police encounters, (b) influence of identity, (c) perceived reason for police brutality, (d) emotions stemming from police brutality, and (e) tactics to survive police interactions. …


The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins Jan 2022

The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins

2022 Symposium

The differences in treatment between Black and white Americans in the past fifty years has been a topic of thought in the minds of political and sociological scholars since the inception of the War on Drugs in 1971. These differences in treatment may lead to discrimination legally, resulting in longer prison sentences and a higher proportion of Black Americans in prison. This study analyzes the results of the War on Drugs that led to disproportionate imprisonment of Black Americans, including mandatory sentencing laws, drug classifications, and discrimination within law enforcement and the legal system. This study will use primary sources …


Schoolhouse Rap, Andrea L. Dennis Jan 2022

Schoolhouse Rap, Andrea L. Dennis

Scholarly Works

Rap on Trial, the treatment of rap music as evidence in the American criminal legal process, is well-documented and increasingly scrutinised. Research has shown that – with little restraint – police, prosecutors, probation officers and judges use rap lyrics to investigate, prosecute and punish individuals. Less noticed is that a similar phenomenon is occurring in the American K–12 educational system, which disciplines school-age youth who participate in rap culture and sometimes refers them to the juvenile or criminal legal systems for additional punishment. This article describes and analyses a small set of identified cases of this scenario, demonstrating that rap …


Racism-Based Trauma And Policing Among Black Emerging Adults, Robert Motley May 2021

Racism-Based Trauma And Policing Among Black Emerging Adults, Robert Motley

Arts & Sciences Electronic Theses and Dissertations

Community violence exposure (CVE) among Black emerging adults ages 18-29 in the United States is a major public health concern. However, an unknown is the nature of the relationship between Black emerging adults CVE and substance use when the perpetrator(s) of the violence are the police and the violence is experienced as a race-based traumatic event. The Classes of Racism Frequency of Racial Experiences (CRFRE) measure assesses individuals’ exposure to perceived racism-based events. However, the CRFRE hostile-racism scale does not capture the range of police violent events that are most salient for a population. To fill the noted gaps in …


The Plan Starts Now: A Study Of Juvenile Delinquency And A Re-Entry Program Back Into The Community, Lynell Porch Apr 2021

The Plan Starts Now: A Study Of Juvenile Delinquency And A Re-Entry Program Back Into The Community, Lynell Porch

College of Education Theses and Dissertations

African American youth are five times as likely as whites to be detained or committed to youth facilities; 1 out of 10 high school dropouts are institutionalized. $8–21 billion is spent locking up juvenile delinquents. The educational system has failed many African American youth, which can lead them into delinquency. These youth are disregarded in the educational system, placed in overcrowded classrooms, and often dismissed as unable to learn. The results of this are school to prison pipeline. Many youths have learning disabilities that are not addressed by teachers, so youth began acting out. These are acts of attention and …


The Black Woman's Burden: A Discussion Of Race, Rape Culture, And Feminism, Rawabi Hamid May 2020

The Black Woman's Burden: A Discussion Of Race, Rape Culture, And Feminism, Rawabi Hamid

Themis: Research Journal of Justice Studies and Forensic Science

Current feminist and anti-rape movements in the United States seek to amplify the voices of women regarding sexual assault. Unfortunately, within this amplification, the voices of Black women are often excluded, which is a direct effect of historically ignoring the abuses of Black women and rarely ever bringing their abusers to justice. These injustices, often committed by white men and perpetuated by white women, create a destructive rhetoric in stereotyping Black women while also silencing them throughout modern movements, especially those of feminist and anti-rape causes. This essay will examine the consequences of three problematic aspects of US history and …


Covid-19: The Industrial Prison Complex And Black Bodies, Christian A. Rodriguez Apr 2020

Covid-19: The Industrial Prison Complex And Black Bodies, Christian A. Rodriguez

Student Publications

COVID-19 has exposed a variety of issues and insecurities in our world since its eruption in 2020. While it is heavily discussed, debated and researched, much of the virus’ impact is not covered in communities and areas where marginalized bodies suffer disproportionately. One of the most undermined and blanketed populations in our country during the time of the pandemic (and for decades before) is the prison population, which has seen soaring cases and deaths since the virus first touched down in the states. Much of the prison population consist of black men and women and sadly mirror the same health …


Racism In America: A Psychological Approach, Brett S. Burton Apr 2020

Racism In America: A Psychological Approach, Brett S. Burton

Student Publications

America is a country that has racism interwoven into its history and ingrained within its society. Blacks have been subjected to this racism and oppression for generations, and at a higher level than other minority groups. More recently in American society, we can see a transition from overt discrimination to covert discrimination through policies and legislation that affect racial groups differently. Foucault and Bentham’s Panopticon can be used to discuss the true systematic violence imposed on blacks and we can further that discussion by investigating the War on Drugs and Mass Incarceration and how they represent reincarnations of previous Babylonian …


Racialized Tax Inequity: Wealth, Racism, And The U.S. System Of Taxation, Palma Joy Strand, Nicholas A. Mirkay Apr 2020

Racialized Tax Inequity: Wealth, Racism, And The U.S. System Of Taxation, Palma Joy Strand, Nicholas A. Mirkay

Northwestern Journal of Law & Social Policy

This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been fueled by racial animus and anxiety. A critical tax view (the how) highlights a shift over the same time period at both federal and state levels from taxes on wealth, to taxes on income, and then to taxes on consumption—from greater to less progressivity. Both of these …


Ua12/2/2 Talisman: Zeitgeist, Wku Student Affairs Apr 2020

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

WKU Archives Records

2020 Talisman yearbook:

  • Mohr, Olivia. Zeitgeist
  • Disrupted – Photo Essay, COVID-19
  • Brandt, Jess. Cut Short – Edward Games, Grace Jones, Jarred Corona, Joshua Crask
  • Zambrano, Max. Point of No Return? – Stuart Foster, Climate Change
  • Francis, Kristina. Weapons Women Carry
  • Steele, Emma. Now & Again – Talisman
  • Gordon, Zora. Not Just Numbers – Sam Aldrich, Social Media
  • Christensen, Nicole. The K-Pop Phenomenon – Music
  • Hornsby, Morgan. Everything Starts with Mama – Warren County Regional Jail
  • McCormick, Dillon. Evolving Sport – Esports, Video Games
  • Sheffield, Catherine. Perfect Match – Travis Hudson, Volleyball
  • Dozer, Claire. Follow the Signs – Deafness, American Sign …


Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri Jan 2020

Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri

Scripps Senior Theses

Titled Black Resistance: Interpretive Agency Enacted Against Mutable Violence, my research discusses a reformed understanding of racial trauma and autonomy. I elaborate on the common reading of slavery in political thought and defend my argument with modern examples of resistance and theory. This text aims to shine light on assumptive narratives by classifying and redefining mutable violence against black America.


Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller Jan 2020

Are Opinions On Abortion Based On Racial Attitudes?, Ashley Mueller

Williams Honors College, Honors Research Projects

My specific research question that I will be addressing through my Honors Research Project is; Does one’s race influence their opinions and criminalization of abortion in the United States? In addition to this question I will be discussing if these views have changed over time depending on race, and how their backgrounds, due to their race, may differentiate these views.


Ua12/2/2 2019 Talisman: Balance, Wku Student Affairs Oct 2019

Ua12/2/2 2019 Talisman: Balance, Wku Student Affairs

WKU Archives Records

2019 Talisman yearbook.

  • Mohr, Olivia. Balance
  • Lunte, Hailee. That Warm Feeling Autumn Took from Me
  • Dozer, Claire. Mother Load – Savannah Ranney
  • Hubbs, Annalee. Tap After Hours – Dance
  • Lancaster, Emily. Opposites Attract – Maddie Rediker & Cameron Blankenship
  • Jones, Sydney. Delving into the Dirty – Taylor Gossage, Lion’s Den
  • Chu, Phi. Snow Song
  • Gordon, Zora. Spells & Spirit – Kristen Dalby, Witchcraft
  • Powers, Noah. What is Left – Kelly Meredith, Identity Theft
  • Aklilu, Bethel. Uprooting – International Students
  • Steffey, Raegan. The Dirty Art Kids
  • Dieudonne, Nadia. Self Starteres – Entrepreneurs
  • Bass, Morgan. Young & Partisan – Politics
  • Powers, Noah. …


Abolitionist Feminism As Prisons Close: Fighting The Racist And Misogynist Surveillance “Child Welfare” System, Venezia Michalsen Jun 2019

Abolitionist Feminism As Prisons Close: Fighting The Racist And Misogynist Surveillance “Child Welfare” System, Venezia Michalsen

Department of Justice Studies Faculty Scholarship and Creative Works

The global prison industrial complex was built on Black and brown women’s bodies. This economy will not voluntarily loosen its hold on the bodies that feed it. White carceral feminists traditionally encourage State punishment, while anti-carceral, intersectional feminism recognizes that it empowers an ineffective and racist system. In fact, it is built on the criminalization of women’s survival strategies, creating a “victimization to prison pipeline.” But prisons are not the root of the problem; rather, they are a manifestation of the over-policing of Black women’s bodies, poverty, and motherhood. Such State surveillance will continue unless we disrupt these powerful systems …


“It’S Hard Out Here If You’Re A Black Felon”: A Critical Examination Of Black Male Reentry, Jason M. Williams, Sean K. Wilson, Carrie Bergeson May 2019

“It’S Hard Out Here If You’Re A Black Felon”: A Critical Examination Of Black Male Reentry, Jason M. Williams, Sean K. Wilson, Carrie Bergeson

Department of Justice Studies Faculty Scholarship and Creative Works

Formerly incarcerated Black males face many barriers once they return to society after incarceration. Research has long established incarceration as a determinant of poor health and well-being. While research has shown that legally created barriers (e.g., employment, housing, and social services) are often a challenge post-incarceration, far less is known of Black male’s daily experiences of reentry. Utilizing critical ethnography and semi-structured interviews with formerly incarcerated Black males in a Northeastern community, this study examines the challenges Black males experience post-incarceration.


Race As A Carceral Terrain: Black Lives Matter Meets Reentry, Jason Williams May 2019

Race As A Carceral Terrain: Black Lives Matter Meets Reentry, Jason Williams

Department of Justice Studies Faculty Scholarship and Creative Works

In the United States, racialized people are disproportionately selected for punishment. Examining punishment discourses intersectionally unearths profound, unequal distinctions when controlling for the variety of victims’ identities within the punishment regime. For example, trans women of color are likely to face the harshest of realities when confronted with the prospect of punishment. However, missing from much of the academic carceral literature is a critical perspective situated in racialized epistemic frameworks. If racialized individuals are more likely to be affected by punishment systems, then, certainly, they are the foremost experts on what those realities are like. The Black Lives Matter hashtag …


Hearing/S: Will In The Carceral Archive, Kayla Morse May 2019

Hearing/S: Will In The Carceral Archive, Kayla Morse

Dissertations, Theses, and Capstone Projects

This long-form poetry project follows the human will — in this case the “criminal,” or captive will — as it is manhandled through an archive of reverends, wardens and superintendents narrating the future of prison reform. Drawing primarily from National Prison Association Conference archives between the years 1874 and 1895, these documents saturate the work with a will resistant but compelled towards subjugation by the state — as it appears within the text across forced labor economies, eugenic prison science that dictates starvation, classification, and isolation as the rule, the dehumanization of banal bureaucratic processes, the visceral and spectacular violence …


The Justice System Is Criminal, Raven Delfina Otero-Symphony Jan 2019

The Justice System Is Criminal, Raven Delfina Otero-Symphony

2020 Award Winners

No abstract provided.


Respect And The Role It Plays In Explaining The Disproportionate Number Of African-Americans Incarcerated, Tina B. Craddock Jan 2019

Respect And The Role It Plays In Explaining The Disproportionate Number Of African-Americans Incarcerated, Tina B. Craddock

Theses and Dissertations

This was a quantitative research study that examined the roles respect and self-esteem play within the African American population. There is no disagreement among social scientists that there is a disproportionate number of African Americans incarcerated. This study attempts to offer one possible explanation. This was a quasi-replication of a study conducted nearly two decades ago using African American adolescent males between the ages of 14 to 18. This research study identified a sample population consisting of African American males and females between the ages of 18 and 50. A cross-sectional analysis was utilized using convenience sampling. The research instruments …


Foreword: Abolition Constitutionalism, Dorothy E. Roberts Jan 2019

Foreword: Abolition Constitutionalism, Dorothy E. Roberts

All Faculty Scholarship

In this Foreword, I make the case for an abolition constitutionalism that attends to the theorizing of prison abolitionists. In Part I, I provide a summary of prison abolition theory and highlight its foundational tenets that engage with the institution of slavery and its eradication. I discuss how abolition theorists view the current prison industrial complex as originating in, though distinct from, racialized chattel slavery and the racial capitalist regime that relied on and sustained it, and their movement as completing the “unfinished liberation” sought by slavery abolitionists in the past. Part II considers whether the U.S. Constitution is an …


Developing And Sustaining Political Citizenship For Poor And Marginalized People: The Evelyn T. Butts Story, Kenneth Cooper Alexander Jan 2019

Developing And Sustaining Political Citizenship For Poor And Marginalized People: The Evelyn T. Butts Story, Kenneth Cooper Alexander

Antioch University Dissertations & Theses

This study tells the deep, rich story of Evelyn T. Butts, a grassroots civil rights champion in Norfolk, Virginia, whose bridge leadership style can teach and inspire new generations about political, community, and social change. Butts used neighbor-to-neighbor skills to keep her community connected with the national civil rights movement, which had heavily relied on grassroots leaders—especially women—for much of its success in overthrowing America’s Jim Crow system of segregation and suppression. She is best-known for her 1963 lawsuit that resulted in the U.S. Supreme Court’s 1966 decision to ban poll taxes for state and local elections, a democratizing event …


Ua12/2/1 College Heights Herald, Vol. 94, No. 11, Wku Student Affairs Nov 2018

Ua12/2/1 College Heights Herald, Vol. 94, No. 11, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. This issue contains articles:

  • DeLetter. Emily. Lawyer: Ruling Supports Right to Access Records in Suit Against College Heights Herald
  • Ziege, Nicole. Fit for a Facelift – Preston Health & Fitness Center
  • DeLetter, Emily. WKU Lacks Disabilities Plan in Active-shooter Scenario
  • Breu, Natasha. Food Service Class Provides Meals to Faculty & Staff
  • Nutter, Abbigail. Former Journalism & Broadcasting Director Selected as Contest Judge – Loup Langton
  • Allen, Ellie. Editorial Cartoon re; Donald Trump
  • Hovell, Nolan. How Much Do Words Matter in Politics?
  • Election Analysis: Impact of Attack Advertisements
  • Oh Rocky …


Ua12/2/2 Talisman: Movement, Wku Student Affairs Oct 2018

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 – …


Navigating Rough Waters: Public Swimming Pools, Discrimination, And The Law, Steven N. Waller Ph.D., Jim Bemiller Jd Aug 2018

Navigating Rough Waters: Public Swimming Pools, Discrimination, And The Law, Steven N. Waller Ph.D., Jim Bemiller Jd

International Journal of Aquatic Research and Education

Historically, swimming pools have been a focal point of racial tension. Discrimination and segregation are inextricably tied to the history of public swimming usage in the United States. Pools are public spaces that are physically and visually intimate. History has revealed that both de jure (enacted through the law by the government) and de facto (occurs through social interaction) discrimination have contributed to segregatory practices in the United States. The purpose of this article is twofold: 1) to examine the social pattern of discrimination that has stymied the growth of swimming in communities of color in the United States; and …