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Legal Studies

Selected Works

2016

Articles 1 - 14 of 14

Full-Text Articles in Law

De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco Nov 2016

De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco

Juan Branco

No abstract provided.

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Introduction, Tracy Mitrano Oct 2016

Introduction, Tracy Mitrano

Tracy Mitrano

No abstract provided.

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Criminal Backgrounds Of Sex Traffickers - Abstract, Alexis Piccirillo, Amelia Davis, Emily Markey, Donna M. Hughes Dr. Sep 2016

Criminal Backgrounds Of Sex Traffickers - Abstract, Alexis Piccirillo, Amelia Davis, Emily Markey, Donna M. Hughes Dr.

Donna M. Hughes

Less is known about perpetrators of sex trafficking compared to the victims. The aim of
this study is to learn more about sex traffickers by analyzing the criminal backgrounds of
offenders arrested for sex trafficking crimes. Between 2009 and 2015, there were 22
cases of sex trafficking involving 38 traffickers in Rhode Island. Criminal background
records are publicly available in Rhode Island, so the records for each sex trafficker were
retrieved from the Rhode Island Judiciary Criminal Information online database. In
addition, information on previous convictions was extracted from sentencing memoranda
and other court documents available from Rhode Island Superior …

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Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr. Sep 2016

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Since the Korean War and permanent stationing of U.S. troops in the Republic of Korea (ROK), U.S. servicemen stationed in the ROK have purchased sex from women trafficked domestically and across international borders to work in bars and clubs surrounding U.S. military bases. For decades, the Department of Defense (DoD) and United States Forces Korea (USFK) denied that U.S. servicemen purchased sex and did not enforce the Uniform Code of Military Justice, Article 138-34 Pandering and Prostitution, which states that buying sex is illegal and punishable by military law. The DoD and USFK did not connect women working in bars …

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Identification Of Victims In Cases Of Sex Trafficking - Abstract, Donna M. Hughes Dr. Sep 2016

Identification Of Victims In Cases Of Sex Trafficking - Abstract, Donna M. Hughes Dr.

Donna M. Hughes

Identifying victims of sex trafficking can be challenging for law enforcement. To determine how victims were identified in cases of sex trafficking that resulted in criminal charges, this study analyzed the records from prosecuted cases of sex trafficking to determine how the victims were identified. The analysis used primary documents, including police narratives, witness statements, indictments, plea bargains, and sentencing memoranda retrieved from the Superior Court and the U.S. District Court in Rhode Island. Between 2009 and 2015, there were 22 cases of sex trafficking involving 38 traffickers. In these cases, at least 30 victims were identified. The public court …

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The Juarez Wives Club: Gendered Citizenship And Us Immigration Law, Ruth Gomberg-Munoz Apr 2016

The Juarez Wives Club: Gendered Citizenship And Us Immigration Law, Ruth Gomberg-Munoz

Ruth Gomberg-Munoz

When US citizens sponsor their undocumented
spouses for lawful status, they find themselves at
the center of immigration petitions. They are
invasively scrutinized, treated with bureaucratic
indifference, and separated from their loved ones.
As this “politics of exception,” which often targets
migrants, is unleashed on US citizens, they learn
that their citizenship offers little protection from
dehumanizing treatment. Instead, restrictive
immigration criteria, designed in theory to boost
the value of US citizenship, in practice dehumanize
US citizens and can alienate them from feelings of
national belonging. This contradiction inevitably
emerges when shared lives disrupt the boundaries of
citizenship status, illuminating …

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Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy Apr 2016

Submission To The Queensland Taskforce On Organised Crime Legislation (Inquiry Area 5), Terry Goldsworthy

Terry Goldsworthy

In response to a request from the Executive Director of the Commission the following submissions provide Dr. Goldsworthy’s responses as they relate to each term of reference:

1. If provisions in the 2013 legislation are effectively facilitating the successful detection, investigation, prevention and deterrence of organised crime

2. If provisions in the 2013 legislation are effectively facilitating the successful prosecution of individuals

3. If the 2013 legislation strikes an appropriate balance between ensuring the safety, welfare and good order of the community and protecting individual civil liberties, including in relation to the anti‐association provisions in the 2013 legislation

4. How …

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What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison Mar 2016

What Kind Of Judge Is Supreme Court Nominee Merrick Garland?, Caren Morrison

Caren Myers Morrison

No abstract provided.

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Behavioral Genetics Research And Criminal Dna Databanks, David H. Kaye Mar 2016

Behavioral Genetics Research And Criminal Dna Databanks, David H. Kaye

David Kaye

This article examines the current concerns about whether DNA databases may be used for actions other than to apprehend criminals, such as genetic research, in particular, searching for a "crime gene". Part II considers the perspective that these databases may be useful for research. The information within a DNA sample consists of a limited number of DNA base-pair variations, which are important to identification, but not necessarily to genetic research. However, while it may be difficult to conduct genetic research, it is not impossible. Part III examines state and federal database legislation. There are examples of three states' statutes and …

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Improving Taiwan’S Global Competitiveness: Toward A Safer, Internationally Friendlier Society, Chiehwen Ed Hsu Feb 2016

Improving Taiwan’S Global Competitiveness: Toward A Safer, Internationally Friendlier Society, Chiehwen Ed Hsu

Chiehwen Ed Hsu

Civility, more permissive laws for foreign employment and a more diverse educational environment will help Taiwan along the road to modernity.

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Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges Feb 2016

Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges

Philip M Stinson

This study is a quantitative content analysis of news reports and court records on 3,328 violence-related arrest cases of 2,586 individual sworn law enforcement officers during the years 2005-2011. The arrested officers were employed by 1,445 nonfederal state, local, special, constable, tribal, and regional law enforcement agencies located in 805 counties and independent cities in 49 states and the District of Columbia. Binary logistic regression and classification and regression tree (CART) analyses were conducted to predict criminal conviction in violence-related police crime arrest cases. Finding indicate that conviction of police officers on one or more offenses charged are driven by …

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Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson Feb 2016

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Philip M Stinson

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …

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Restorative Justice From The Margins To The Center- The Emergence Of A New Norm In School Discipline.Pdf, Thalia Gonzalez Dec 2015

Restorative Justice From The Margins To The Center- The Emergence Of A New Norm In School Discipline.Pdf, Thalia Gonzalez

Thalia Gonzalez

Changing norms is a difficult process that requires society to discard previously held ideas, morals, and practices. In the case of school discipline, this means abandoning the long accepted practice of zero tolerance and its associated values, identities, and processes of punishment and exclusion. While there has been attention in the literature to changes in school discipline at the local, state, and federal levels—relative to zero tolerance—scholars have not engaged in inquires tracing the emergence of restorative justice, its consequent cascade, and institutionalization as a new norm. This Article aims to …

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Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan Dec 2015

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan

Donald J. Kochan

The story behind the move toward marijuana’s legality is a story of disruptive forces to the incumbent legal and physical landscape. It affects incumbent markets, incumbent places, the incumbent regulatory structure, and the legal system in general which must mediate the battles involving the push for relaxation of illegality and adaptation to accepting new marijuana-related land uses, against efforts toward entrenchment, resilience, and resistance to that disruption.

This Article is entirely agnostic on the issue of whether we should or should not decriminalize, legalize, or otherwise increase legal tolerance for marijuana or any other drugs. Nonetheless, we must grapple with …

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