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Full-Text Articles in Law

African Americans And Punishment For Crime: A Critique Of Mainstream And Neoliberal Discourses, Jason M. Williams, Nishaun Tarae Battle Sep 2017

African Americans And Punishment For Crime: A Critique Of Mainstream And Neoliberal Discourses, Jason M. Williams, Nishaun Tarae Battle

Department of Justice Studies Faculty Scholarship and Creative Works

Understandings of punishment within the criminological enterprise have failed to capture the nuances associated with experiencing punishment. Moreover, mainstream academic discourses are inherently anachronistic in their conclusions on punishment, thus leaving significant gaps to be filled. One such gap is that of racialized history. This article attempts to make sense of punishment discourses (past and present) by situating them in their proper context. We argue that punishment, in particular for Blacks, is ideological and longstanding. Moreover, we posit that the prolonged punishment of Blacks is hyper manifested in contemporary society via neoliberal logic that has increasingly disabled race as a …


Understanding Variations In User Response To Social Media Campaigns: A Study Of Facebook Posts In The 2010 Us Elections, Michael A. Xenos, Timothy Macafee, Antoinette Pole Jun 2017

Understanding Variations In User Response To Social Media Campaigns: A Study Of Facebook Posts In The 2010 Us Elections, Michael A. Xenos, Timothy Macafee, Antoinette Pole

Department of Political Science and Law Faculty Scholarship and Creative Works

Political candidates increasingly have incorporated social media tools like Facebook into their campaigns. Such tools enable supporters to interact directly and easily with campaigns, creating an immediate and relatively informal way for users to respond to candidate messages and publicly display their support. Previous research has explored how campaigns have used social media, or how the use of social media may be related to political engagement. In this study, we provide a systematic analysis of variations in user response to candidate messaging through Facebook. Our results shed new light on the dynamics of online campaigning through social media and engagement …


The Co-Evolution Of Marriage And Parental Rights Of Gays And Lesbians, Lisa M. Chauveron, Ariel Alvarez, Bradley Van Eeden-Moorefield Mar 2017

The Co-Evolution Of Marriage And Parental Rights Of Gays And Lesbians, Lisa M. Chauveron, Ariel Alvarez, Bradley Van Eeden-Moorefield

Department of Political Science and Law Faculty Scholarship and Creative Works

Historically, federal and state legislation placed different conditions on same- and opposite-sex couples' ability to marry, adopt, or exercise their parental rights. Given the historical intertwining of marriage and parenting, legal issues remain hinged on differing conceptions of marriage and what constitutes a legal family in the United States, especially for same-sex partners compared to their different-sexed couple counterparts. This article provides a historical review of decisions that serve as the foundation for queer parenting rights in the United States. A key focus is on the impact of the U.S. Supreme Court Obergefell v. Hodges (2015) marriage decision on queer …


Lights, Camera, Action: The Images Of Foster Care In The Movies, Ariel Alvarez Jan 2017

Lights, Camera, Action: The Images Of Foster Care In The Movies, Ariel Alvarez

Department of Political Science and Law Faculty Scholarship and Creative Works

Movies often reflect public perceptions. The portrayal of foster care in movies provides insight regarding beliefs and attitudes children, parents, and others bring with them as they interact with the foster care system. The study focus was to identify images of foster care portrayed in 37 nondocumentary movies produced in the United States and Canada between 1921 and 2012. Using Framing Theory, an iterative review process was used to derive three dominant images presented to audiences: child entrance into foster care, a broken foster care system, and life in foster care. Movie images generally misrepresented the realities of foster care …


The Contribution Of Hugo Chávez To An Understanding Of Post-Neoliberalism, Tony Spanakos, Dimitris Pantoulas Jan 2017

The Contribution Of Hugo Chávez To An Understanding Of Post-Neoliberalism, Tony Spanakos, Dimitris Pantoulas

Department of Political Science and Law Faculty Scholarship and Creative Works

When Hugo Chávez was president, he pronounced the death of many things - the constitution, the old "partyarchy," Venezuela's "Fourth Republic," and the Free Trade Area of the Americas, among others. Since his own death in 2013, scholars, activists, and citizens have contributed to a rich discussion of his legacy. Part of that legacy is an understanding of post-neoliberalism that recognizes its competing and contradictory components, some of them seeking to complement, improve, and reverse neoliberal policies or overcome neoliberal logics and others constituting important remnants of neoliberalism.


The Legacy Of Hugo Chávez, Daniel Hellinger, Tony Spanakos Jan 2017

The Legacy Of Hugo Chávez, Daniel Hellinger, Tony Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

Daniel Hellinger and Anthony Petros Spanakos discuss the legacy of Hugo ChaÁvez. In 1992, Lieutenant Colonel Hugo ChaÁvez vez failed to replace the beleaguered government of President Carlos AndreÁs PeÁrez but succeeded in capturing the hearts and imaginations of the population. Six years later, as a candidate for the presidency, ChaÁvez vez won his first of four presidential elections. Upon coming to power, he called for the drafting of a new constitution as part of a process of radical political, economic, and social change in Venezuela. Upon his death in March 2013, ChaÁvez left behind a significant but highly contested …


Deterring Torture: The Preventive Power Of Criminal Law And Its Promise For Inhibiting State Abuses, Francesca Laguardia Jan 2017

Deterring Torture: The Preventive Power Of Criminal Law And Its Promise For Inhibiting State Abuses, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

The use of torture in the War on Terror reinvigorated a longstanding debate about how to prevent such human rights violations, and whether they should be criminalized. Using US history as a case study, this article argues that the criminal sanction is likely to be more successful in preventing such abuses than many other often suggested methods. Analyzing thousands of pages of released government documents as an archive leads to the counterintuitive finding that torturers were often deterred, at least momentarily, by fear of criminal liability, and would have been successfully deterred if not for the lack of prior prosecutions.