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Legal Optimism: Restoring Trust In The Criminal Justice System Through Procedural Justice, Positive Psychology And Just Culture Event Reviews, John Hollway Sep 2018

Legal Optimism: Restoring Trust In The Criminal Justice System Through Procedural Justice, Positive Psychology And Just Culture Event Reviews, John Hollway

Master of Applied Positive Psychology (MAPP) Capstone Projects

Like any complex, dynamic system, the American criminal justice system makes mistakes. Unfortunately, criminal justice organizations lack a systematic process enabling them to learn from cases of error. Ignoring or minimizing errors erodes organizational legitimacy and contributes to a downward spiral of legal cynicism that increases violent crime. This paper describes the application of positive psychology and procedural justice to restore legal optimism – confidence and trust that the criminal justice system will respond in a just fashion to criminal activity – through Just Culture Event Reviews (JCERs), non-blaming multi-stakeholder reviews of cases where the system has erred. JCERs identify contributing factors ...


An Investigation Into Best Practices And Lessons Learnt With Respect To China's Crackdown On Corruption, Dominic Kwok Jan 2018

An Investigation Into Best Practices And Lessons Learnt With Respect To China's Crackdown On Corruption, Dominic Kwok

Joseph Wharton Scholars

Corruption is a well-documented problem in China, as well as many other developed and undeveloped countries across the world. The problem is particularly pronounced in countries that have undergone rapid economic transformation, allowing large amounts of wealth to fall into the hands of a select few individuals. Although corruption has been researched extensively, what is less covered are potential solutions that the country, and others looking to carry out similar reform, could use to combat corruption most effectively. As China has transitioned from a planned economy to a market economy, and the economy has become more powerful than ever, corruption ...


Biological Research On Behavior As Extra-Legal And Discretionary Factors In Sentencing And Punishment, Colleen Margaret Berryessa Jan 2018

Biological Research On Behavior As Extra-Legal And Discretionary Factors In Sentencing And Punishment, Colleen Margaret Berryessa

Publicly Accessible Penn Dissertations

In recent years, there has been an increase in empirical literature regarding how and why neuroscience and genetics research on behavior may influence criminal punishment. This dissertation aims to add to this growing body of literature specifically on types of evidence and aspects of sentencing and punishment that have not yet been studied. This dissertation consists of three papers that examine how the presentation of biological evidence in court or knowledge of the biological influences to behavior may act as extra-legal and discretionary factors in sentencing. The first paper, utilizing a multi-factorial experiment with the death-qualified jury-eligible public, examines how ...


Conscientious Objection, Complicity, And Accommodation, Amy J. Sepinwall Jan 2017

Conscientious Objection, Complicity, And Accommodation, Amy J. Sepinwall

Legal Studies and Business Ethics Papers

Burwell v. Hobby Lobby Stores, Inc.1 inaugurated an unprecedented deference to religious challenges to secular laws,2 which Zubik v. Burwell neither retrenched nor replace.3 On the Court's highly deferential stance, complicity claims seem to know no bounds: just so long as the objector thinks himself complicit in an act his religion opposes, the Court will conclude that the challenged legal requirement substantially burdens his religious exercise.4 The result is a set of exemptions of Court-imposed negotiations based on assertions of complicity that many courts and commentators find far-fetched, and perhaps even fantastical.5


Faultless Guilt: Toward A Relationship-Based Account Of Criminal Liability, Amy J. Sepinwall Jan 2017

Faultless Guilt: Toward A Relationship-Based Account Of Criminal Liability, Amy J. Sepinwall

Legal Studies and Business Ethics Papers

There is in the criminal law perhaps no principle more canonical than the fault principle, which holds that one may be punished only where one is blameworthy, and one is blameworthy only where one is at fault. Courts, criminal law scholars, moral philosophers, and textbook authors all take the fault principle to be the foundational requirement for a just criminal law. Indeed, perceived threats to the fault principle in the midtwentieth century yielded no less an achievement than the drafting of the Model Penal Code, which had as its guiding purpose an effort to safeguard faultless conduct from criminal condemnation ...


Moral Competence And Brain Connectivity: A Resting-State Fmri Study, Wi Hoon Jung, Kristin Prehn, Zhuo Fang, Marc Korczykowski, Joseph W. Kable, Hengyi Rao, Diana C. Robertson Nov 2016

Moral Competence And Brain Connectivity: A Resting-State Fmri Study, Wi Hoon Jung, Kristin Prehn, Zhuo Fang, Marc Korczykowski, Joseph W. Kable, Hengyi Rao, Diana C. Robertson

Legal Studies and Business Ethics Papers

Moral competence (MC) refers to the ability to apply certain moral orientations in a consistent and differentiated manner when judging moral issues. People greatly differ in terms of MC, however, little is known about how these differences are implemented in the brain. To investigate this question, we used functional magnetic resonance imaging and examined resting-state functional connectivity (RSFC) in n = 31 individuals with MC scores in the highest 15% of the population and n = 33 individuals with MC scores in the lowest 15%, selected from a large sample of 730 Master of Business Administration (MBA) students. Compared to individuals with ...


More Than Just A Game: Ethical Issues In Gamification, Tae Wan Kim, Kevin Werbach Jun 2016

More Than Just A Game: Ethical Issues In Gamification, Tae Wan Kim, Kevin Werbach

Legal Studies and Business Ethics Papers

Gamification is the use of elements and techniques from video game design in non-game contexts. Amid the rapid growth of this practice, normative questions have been under-explored. The primary goal of this article is to develop a normatively sophisticated and descriptively rich account for appropriately addressing major ethical considerations associated with gamification. The framework suggests that practitioners and designers should be precautious about, primarily, but not limited to, whether or not their use of gamification practices: (1) takes unfair advantage of workers (e.g., exploitation); (2) infringes any involved workers’ or customers’ autonomy (e.g., manipulation); (3) intentionally or unintentionally ...


Introduction, Kenneth L. Shropshire, Timothy Davis, N. J. Duru Jan 2016

Introduction, Kenneth L. Shropshire, Timothy Davis, N. J. Duru

Legal Studies and Business Ethics Papers

"It didn't seem so wrong. It seemed as though I worked my whole life to get where I am, and at the same time, when it was presented to me, it was like this was the time I could start to get back some of the fruits of my labor."1 —Paul Palmer, former star college football running back, regarding cash payments of more than $5,000 he received while a college senior from sports agent Norby Walters.

This epigraph has remained in our text through multiple editions. Its continued relevance is underscored by the irony that, in a ...


Responsive Government And Duties Of Conscience, Robert C. Hughes May 2015

Responsive Government And Duties Of Conscience, Robert C. Hughes

Legal Studies and Business Ethics Papers

Many political philosophers have defended the importance of enabling citizens to participate in law-making. Some argue that widespread citizen participation makes the law making process more likely to produce just law.1 Others argue that government must enable citizens to participate in law-making for law to be legitimate or to have legitimate authority.2 Still others argue that government must give citizens an equal share of political power in order to express equal respect for them.3 I will not dispute any of these arguments, but I believe they need to be supplemented, in part because they do not fully ...


Crossing The Fault Line In Corporate Criminal Law, Amy J. Sepinwall Jan 2015

Crossing The Fault Line In Corporate Criminal Law, Amy J. Sepinwall

Legal Studies and Business Ethics Papers

Why have there been so few prosecutions in the wake of the financial crisis? Official inquiries have found that rampany mandacity and fraud contributed to the meltdown.2 Yet, if anything, the government has adopted a "gentler" response to financial wrongdoing in the last five years.3 Why is this?


Conscience And Complicity: Assessing Pleas Of Religious Exemptions In Hobby Lobby'S Wake, Amy J. Sepinwall Jan 2015

Conscience And Complicity: Assessing Pleas Of Religious Exemptions In Hobby Lobby'S Wake, Amy J. Sepinwall

Legal Studies and Business Ethics Papers

In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (for example, by fighting in a war). In the religious challenges to the Affordable Care Act's employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (for example, by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than the standard that legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that ...


Review Of Michel Anteby, Manufacturing Morals: The Values Of Silence In Business School Education, Nicolas Cornell Sep 2014

Review Of Michel Anteby, Manufacturing Morals: The Values Of Silence In Business School Education, Nicolas Cornell

Legal Studies and Business Ethics Papers

How can we teach people to be moral? It is a difficult, deep, and terribly important question. Michel Anteby's Manufacturing Morals aims to make a contribution to answering that question by studying the inner workings of Harvard Business School (HBS).


Responsibility, Repair And Redistribution In The Wake Of The Financial Crisis, Amy J. Sepinwall Jan 2013

Responsibility, Repair And Redistribution In The Wake Of The Financial Crisis, Amy J. Sepinwall

Legal Studies and Business Ethics Papers

Who bears responsibility for the financial crisis? The list of possible culprits is unmanageably long and at times internally inconsistent, as it includes subprime mortgages and over-zealous mortgage originators; risk-happy investment bankers and the ineffectual ratings agents who rubber-stamped the bankers' exotic products; and neoconservatives hell-bent on deregulation along with liberal politicians cowering before entities they allowed to become too big to fail.1 Nonetheless the question of responsibility seems to demand an answer not only for purposes of arriving at lessons that might avert a future crisis but also for answering a second question that seems a natural corollary ...


Law And The Entitlement To Coerce, Robert C. Hughes Jan 2013

Law And The Entitlement To Coerce, Robert C. Hughes

Legal Studies and Business Ethics Papers

A long tradition in political and legal philosophy regards coercion as central to the very idea of law. Some historical figures, such as Hobbes, Locke, and Austin took the position that there can be no law without a coercive sanction. Many philosophers of law, most famously H.L.A. Hart, have called this view into question.1 Nonetheless, many political and legal philosophers continue to believe that law is necessarily connected with coercion in a subtler way. Whenever government is entitled to make a law that imposes a direct requirement on conduct, it is entitled to use coercion to enforce ...


The Challenges Of Hiv/Aids Criminal Legislation In Botswana, Zein Kebonang Mar 2012

The Challenges Of Hiv/Aids Criminal Legislation In Botswana, Zein Kebonang

Botswana-UPenn Scholarly Publications

In an attempt to halt the spread of the HIV epidemic, the Government of Botswana amended in 1998 the country’s criminal code to provide for stiffer penalties for those charged and convicted of the offence of rape. In particular, there was to be compulsory HIV testing of perpetrators and much stiffer sentences for those who tested positive to the HIV virus. In this paper, I argue that the amendment not only vitiates the right to voluntarily submit to an HIV test, it invades the right to privacy and leads to unwarranted disclosure of confidential information. In addition, I contend ...


Citizens United And The Ineluctable Question Of Corporate Citizenship, Amy J. Sepinwall Feb 2012

Citizens United And The Ineluctable Question Of Corporate Citizenship, Amy J. Sepinwall

Legal Studies and Business Ethics Papers

As a result of the Supreme Court's decision in Citizens United, corporations and individuals now enjoy the same rights to spend money on advertisements supporting or opposing candidates for office. Those concerned about the role of money in politics have much to decry about the decision. But the threat to democracy posed by allowing wealthy corporations to function as political speakers arises under the same regime that allows wealthy individuals to do so. If we are not prepared to limit individuals' expenditures on political speech, we will have to find a way to distinguish individuals' and corporations 'free speech ...


State Bankruptcy From The Ground Up, David A. Skeel Jan 2012

State Bankruptcy From The Ground Up, David A. Skeel

Legal Studies and Business Ethics Papers

The nineteenth-century English poet William Wordsworth famously defined poetry as the "spontaneous overflow of powerful feelings ... recollected in tranquility."1 By this definition, there is something a little poetic about the recent debate as to whether Congress should enact a bankruptcy law for states. In late 2010, as the extent of the fiscal crisis in many states became clear, a handful of commentators and politicians proposed that Congress enact a bankruptcy law for states.2 "If Congress does its part by enacting a new bankruptcy chapter for states," one advocate concluded with a somewaht hyperbolic flourish, California governor "Jerry Brown ...


The Chinese Primary Care System: Its Evolution, Challenges And Legal Aspects Of Reform, Thomas Hou Apr 2009

The Chinese Primary Care System: Its Evolution, Challenges And Legal Aspects Of Reform, Thomas Hou

CUREJ - College Undergraduate Research Electronic Journal

There has been much interest in China and abroad in the Chinese health care system and its legal system. To date, however, there has not been adequate study tying legal reform and health care reform in China. This paper seeks to bridge those disciplines by studying, for many reasons, the most crucial aspect of the Chinese health care system: the primary care system. The author examines herein recent efforts at reform in primary care, and explores some major legal and policy issues relating to both the national and local governments’ efforts at reform, and also citizens’ efforts using the expanding ...


United States V. Lazarenko: Filling In Gaps In Support And Regulation Of Transnational Relationships, Philip M. Nichols Mar 2007

United States V. Lazarenko: Filling In Gaps In Support And Regulation Of Transnational Relationships, Philip M. Nichols

Legal Studies and Business Ethics Papers

The prosecution in the United States of Pavlo Lazarenko for corruption merits study for two reasons. First, it provides case study of the use of local laws to deal with a transnational act. Law should support and regulates interaction within communities; local laws that stop at the borders do little to support transnational communities and international law, which does not recognize most transnational persons as legitimate subjects of international law, does even less. The court that tried Lazarenko could not therefore rely solely on its local law nor could it turn to nonexistent transnational law; instead it cobbled together local ...


Defense Of Others And Defensless "Others", Amy J. Sepinwall Jan 2005

Defense Of Others And Defensless "Others", Amy J. Sepinwall

Legal Studies and Business Ethics Papers

When the Unborn Victims of Violence Act (UVVA) was signed into law on April 1, 2004,1 the federal government dishonored nothing less pedigreed than its founding philosophy. The UVVA criminalizes harm to the fetus and sanctions such harm with the punishment that would have befallen the accused had the women carrying the fetus been the one to sustain the injuries instead.2 This Article argues that recent efforts at fetal protection, like the UVVA, defy and defile liberalism, the political theory underpinning this nation's constitution,3 and thereby conduce to the subordination of women. 4


Idolatry Of Land, Georgette C. Phillips Jan 2003

Idolatry Of Land, Georgette C. Phillips

Legal Studies and Business Ethics Papers

In his essay 'Holy Landscape: Israel, Palestine and the American Wilderness',1 W.J.T. Mitchell explores what he terms the 'paradoxical relation between landscape and idolatry'. Defining idolatry as a false god that displaces the true one with a material image, Mitchell contends that extreme Zionism has transformed the landscape of Israel into an idol where the visible and unrepresentable God is made visible and material.2 He asserts that landscape here stands for more than ideology. As an idol it condenses ideology into a potent stereotype for mass consumptionan idolatry of place.3


The Making Of A Courtroom: Landlord-Tenant Trials In Philadelphia's Municipal Court, David Latham Eldridge Jan 2001

The Making Of A Courtroom: Landlord-Tenant Trials In Philadelphia's Municipal Court, David Latham Eldridge

Publicly Accessible Penn Dissertations

This dissertation analyzes Philadelphia's Landlord-Tenant Court (L-T Court) within organizational and policy contexts. It identifies the factors that influence the outcome of private landlord-tenant trials, describes people's experience of the courtroom from multiple perspectives, and analyzes the Municipal Court's intraorganizational and interorganizational dynamics that inform L-T Court's behavior. Housing courts have been mandated to prevent the deterioration of existing housing stock by protecting landlords' property rights and tenants' rights to a habitable dwelling. Landlords have long had the right to receive rent and to hold tenants responsible for property damage; recent changes in landlord-tenant law have ...


An American Perspective On Belgian And British Environmental Law Within Europe, Eric W. Orts Jan 1999

An American Perspective On Belgian And British Environmental Law Within Europe, Eric W. Orts

Legal Studies and Business Ethics Papers

It is unusual these days for an American to offer an outsider's view of a comparative topic that does not involve the United States either as one side of the comparison or an interested party. One does not need to look to disagreements over policies regarding NATO, Bosnia, or Iraq to find this tendency. As Europeans know only too well, we Americans are often parochial in our views, if not isolationist. The recent success of the U.S. economy as compared to Europe and Asia has not helped us to lose an unjustified sense of our own primacy. A ...


The Global Corporation, Thomas Donaldson Jan 1989

The Global Corporation, Thomas Donaldson

Legal Studies and Business Ethics Papers

This chapter will offer an introductory sketch of the theory and practice of the multinational firm. Of necessity it will be a still image of a moving, elusive phenomenon. The sketch will be drawn, moreover, from a moral angle; it highlights the vast powers of multinationals, the existing codes and laws influencing their activities, and the rare theoretical attempts that have been made to understand their ethical responsibilities. Yet it attempts almost no moral analysis. Its aim is descriptive; it is to serve as a preliminary for the moral analysis that will follow.


Learning About Crime: Conceptions Of Crime And Law Enforcement As They Relate To Use Of Television And Other Information Sources, Susan Schwartz Mcdonald Jan 1977

Learning About Crime: Conceptions Of Crime And Law Enforcement As They Relate To Use Of Television And Other Information Sources, Susan Schwartz Mcdonald

Dissertations (ASC)

From the introduction:

The possibility that television might influence our view of the world--that is, may teach values, expectations, and even norms of behavior-- has inspired a variety of attempts to identify and measure the consequences of exposure. TV's programming emphasis in recent years on the dramatization of crime control (a subject already salient in the real world) makes crime and law enforcement an especially important area in which to look for potential effects of television. At the same time, the fact that other relevant information sources may be capable of generating the same biases and misconceptions, renders inconclusive ...