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Articles 1 - 30 of 41
Full-Text Articles in Law
Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews
Teaching Tips: Personal Criminal History Analysis Paper, Gordon Crews, Angela Crews
Criminal Justice Faculty Research
Students often have difficulty visualizing the practical application of criminological theory. The following activity assists instructors to develop students‘ abilities in evaluating behaviors and determining the theoretical perspectives that potentially could be used to explain those behaviors. It also is designed to assist students in comprehending how their own experiences impact their views on law-violating behavior and its etiology. This exercise facilitates students‘ awareness of how their beliefs about the causes of law-violating behavior inevitably impact their beliefs about potential solutions or responses to this type of behavior. Eventually, students unfailingly begin to realize the artificial dichotomy between us, as …
Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur
Happiness And Punishment, Christopher J. Buccafusco, John Bronsteen, Jonathan S. Masur
All Faculty Scholarship
This article continues our project to apply groundbreaking new literature on the behavioral psychology of human happiness to some of the most deeply analyzed questions in law. Here we explain that the new psychological understandings of happiness interact in startling ways with the leading theories of criminal punishment. Punishment theorists, both retributivist and utilitarian, have failed to account for human beings' ability to adapt to changed circumstances, including fines and (surprisingly) imprisonment. At the same time, these theorists have largely ignored the severe hedonic losses brought about by the post-prison social and economic deprivations (unemployment, divorce, and disease) caused by …
The Missing Lawyering Skill, Richard Leiter
The Missing Lawyering Skill, Richard Leiter
Marvin and Virginia Schmid Law Library
Educating Lawyers, a new book from the Carnegie Foundation, analyzes our modern system of legal education, and, in some measure, finds it wanting. The authors set out to evaluate legal education's response to decades old criticisms that it fails t teach lawyering skills and legal ethics.
Ua12/8 Annual Report, Wku Police
Ua12/8 Annual Report, Wku Police
WKU Archives Records
A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.
Sobriety Checkpoints: The Case For Implementation In Rhode Island, Scott Naso
Sobriety Checkpoints: The Case For Implementation In Rhode Island, Scott Naso
Pell Scholars and Senior Theses
A survey was prepared and conducted to investigate the viability of implementing sobriety checkpoints in Rhode Island. The survey was designed to make a comparison between a state which has found sobriety checkpoints to be constitutional, Massachusetts, and a state that has found sobriety checkpoints to be unconstitutional, Rhode Island. The survey's findings indicate that Rhode Island would benefit from the implementation of sobriety checkpoints.
The Emerging Role Of Dna Analysis In The Criminal Justice System, Sandra Sherman
The Emerging Role Of Dna Analysis In The Criminal Justice System, Sandra Sherman
Pell Scholars and Senior Theses
Forensic science has evolved into the most advanced investigative tool used in the criminal justice field. DNA evidence is a strong component of forensic science and with constant advancements of DNA testing so that its evidence is more reliable and accepted in the criminal justice system will help provide justice for the quily and innocent alike.
Miscalculating Welfare, Michael B. Dorff, Kimberly Kessler Ferzan
Miscalculating Welfare, Michael B. Dorff, Kimberly Kessler Ferzan
All Faculty Scholarship
In their quest to maximize efficiency, law and economics scholars often produce novel, creative, and counterintuitive legal rules. Indeed, legal economists have argued for baby selling, against anti-discrimination laws in the workplace, and for insider trading. In this essay, we discuss some concerns about this form of legal scholarship that privileges the creative and counterintuitive over the fair, mundane, and intuitive. Drawing on a range of empirical evidence, this essay argues that the failure to include, and to give sufficient weight to, fairness preferences undermines legal economists' policy recommendations. Specifically, after setting forth three examples of this phenomenon, in the …
Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn Wiest, Anupa Fabian
Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn Wiest, Anupa Fabian
Department of Justice Studies Faculty Scholarship and Creative Works
This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.
Forensic Science, Wrongful Convictions, And American Prosecutor Discretion, Dennis J. Stevens
Forensic Science, Wrongful Convictions, And American Prosecutor Discretion, Dennis J. Stevens
Criminal Justice Faculty Publications
A hot controversy exists about the reliability of forensic science as reported by prime-time drama television series in bringing violent criminals to justice. This exploratory research will show that neither forensics or its fictionalised (CSI Effect) accounts, nor substantial evidence secured by police investigators, shape prosecutor decisions to charge a suspect with a crime, which can often result in freeing guilty suspects and convicting innocent individuals. In the summer of 2006, 444 American prosecutors responded to a survey. The findings reveal that judges, juries, and defence lawyers are influenced more by prime-time American drama forensic accounts than by the substantial …
Targeted Interventions Could Ease Maine's Prison And Jail Populations, Mark Rubin
Targeted Interventions Could Ease Maine's Prison And Jail Populations, Mark Rubin
Justice Policy
Overcrowding and rising costs in Maine’s corrections system have become a serious problem. In the past twenty years, the average daily population in state prisons has grown 74 percent, while county jails have grown 193 percent. To accommodate this growth, Maine, in 2004, spent $127,343,971, not including debt service, to operate the prisons and county jails. This brief examines state prison, county jail, and probation population trends since 2004 and identifies key factors driving the number of prisoners
Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan
Extending The Reach Of The State Into The Post-Sentence Period: Section 26 Of The Criminal Justice Act 2007, Mary Rogan
Articles
The Criminal Justice Act 2007 heralded a plethora of changes to Irish criminal law and procedure. The law on sentencing was also affected by its provisions. The focus of this article is on section 26 of that Act which introduces a general power on a court to make an order while passing sentence which will take effect on the expiration of a sentence of imprisonment. Under section 26 a court can impose two such orders, the “monitoring” order and the “protection of persons” order. The author assesses the background to the introduction of these dispositions and the potential application and …
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Journal Articles
No abstract provided.
New Wine, Old Bottles, Flamboyant Sommelier: Chávez, Citizenship, And Populism, Tony Spanakos
New Wine, Old Bottles, Flamboyant Sommelier: Chávez, Citizenship, And Populism, Tony Spanakos
Department of Political Science and Law Faculty Scholarship and Creative Works
At points of crisis of political representations and economic insecurity, populists are more likely to emerge. That was true of earlier forms of populism in Latin America and it seems to be so now. There are some important differences though and these are shown by exploring Chavismo as an “extreme” case study of populism. Chávez has pushed a model of citizenship which is antithetical to neoliberal models in that it encourages politically engaged citizens, increases worker rights through an increasingly interventionist state, and encourages anti-imperialist solidarity and actions. By understanding how populist orientations of Chávez created possibilities and constraints on …
What Do Bloggers Doan Average Day On An Average Political Blog, Laura Mckenna, Antoinette Pole
What Do Bloggers Doan Average Day On An Average Political Blog, Laura Mckenna, Antoinette Pole
Department of Political Science and Law Faculty Scholarship and Creative Works
This study investigates whether average political bloggers engage in four distinct activities: informing readers, checking the media, engaging in political advocacy, and gathering money for charitable causes. Findings show that most bloggers inform their readers about articles in the media or to draw attention to key posts on other blogs. Somewhat less frequently, most bloggers write posts that detect errors or biases in the media. Bloggers use their blogs to pursue activist and philanthropist activities even less often. Ideology and traffic levels slightly affect the content and purpose of blog posts.
Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger
Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger
Journal Articles
This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive deliberative procedures, responsiveness to state law and widely accepted norms, and competition among regulatory programs to achieve effective implementation and widespread public acceptance, this form of regulation appears to stand up relatively well under generally understood criteria for democratic governance. Nonetheless, a more satisfactory evaluation will require a much better understanding …
Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel
Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel
Journal Articles
No abstract provided.
Natural Law - A Libertarian View, Anthony D'Amato
Natural Law - A Libertarian View, Anthony D'Amato
Faculty Working Papers
What follows from the following two propositions? Legal positivism views law as a command writ large. The commander is the person or group with the most power. Answer: this pernicious mind-set is responsible for our abandonment of personal liberty. For there can be no limit to the imagination and will power of the commander. The plenary jurisdiction of the commander paves the way for Big Government to move in and regulate every aspect of our lives and our privacy. The world wasn't always like this. Prior to the servility that positivism has induced, there was a now-forgotten secular natural law …
Moral Spillovers: The Effect Of Moral Violations On Deviant Behavior, Elizabeth Mullen, Janice Nadler
Moral Spillovers: The Effect Of Moral Violations On Deviant Behavior, Elizabeth Mullen, Janice Nadler
Faculty Working Papers
Two experiments investigated whether outcomes that violate people's moral standards increase their deviant behavior (the moral spillover effect). In Study 1, participants read about a legal trial in which the outcome supported, opposed or was unrelated to their moral convictions. Relative to when outcomes supported moral convictions, when outcomes opposed moral convictions people judged the outcome to be less fair, were more angry, were less willing to accept the outcome, and were more likely to take a borrowed pen. In Study 2, participants who recalled another person's moral violation were more likely to cheat on an experimental task relative to …
Illness And Inability To Repay: The Role Of Debtor Health In The Discharge Of Educational Debt, Rafael I. Pardo
Illness And Inability To Repay: The Role Of Debtor Health In The Discharge Of Educational Debt, Rafael I. Pardo
Scholarship@WashULaw
For a debtor to obtain a discharge of student loans in bankruptcy, the debtor must establish that their repayment would impose an undue hardship. This Article presents the results of an empirical study of bankruptcy court doctrine over a ten-year period that involved undue hardship discharge proceedings where the court reported information on the debtor's health status, monthly household income, and monthly household expenses. The data show that a medical condition increased a debtor's odds of being granted a discharge by 140% but that household income and expense levels did not have a statistically significant association with legal outcome. These …
The Utility Of Opacity In Judicial Selection, Rafael I. Pardo
The Utility Of Opacity In Judicial Selection, Rafael I. Pardo
Scholarship@WashULaw
Does too much transparency in the selection of judges undermine the independence of the judiciary? This Essay seeks to provide insight into answering this question by focusing on the opaque process by which federal bankruptcy judges are selected. Part I begins with an account that anchors the concepts of judicial independence and judicial accountability to the concept of judicial quality. It proceeds to situate within this account the selection process, suggesting that the process can function as a form of judicial accountability, albeit one that diminishes judicial quality in those instances where the process becomes politicized. A brief discussion follows …
Una Visita Al Debate Hart-Dworkin [Revisiting The Hart–Dworkin Debate], Jorge Luis Fabra-Zamora
Una Visita Al Debate Hart-Dworkin [Revisiting The Hart–Dworkin Debate], Jorge Luis Fabra-Zamora
Journal Articles
No abstract provided.
Private Equity's Three Lessons For Agency Theory, William W. Bratton
Private Equity's Three Lessons For Agency Theory, William W. Bratton
All Faculty Scholarship
No abstract provided.
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan R. Klein
The Sixth Amendment And Criminal Sentencing, Stephanos Bibas, Susan R. Klein
All Faculty Scholarship
This symposium essay explores the impact of Rita, Gall, and Kimbrough on state and federal sentencing and plea bargaining systems. The Court continues to try to explain how the Sixth Amendment jury trial right limits legislative and judicial control of criminal sentencing. Equally important, the opposing sides in this debate have begun to form a stable consensus. These decisions inject more uncertainty in the process and free trial judges to counterbalance prosecutors. Thus, we predict, these decisions will move the balance of plea bargaining power back toward criminal defendants.
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
The Practice Of Teaching, The Practice Of Law: What Does It Mean To Practice Responsibly?, Howard Lesnick
All Faculty Scholarship
No abstract provided.
Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts
Constructing A Criminal Justice System Free Of Racial Bias: An Abolitionist Framework, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
A Study Of Counselor's Legal Challenges And Their Perceptions Of Their Ability To Respond, Mary A. Hermann, Debra Gail Legget, Theodore P. Remley Jr.
A Study Of Counselor's Legal Challenges And Their Perceptions Of Their Ability To Respond, Mary A. Hermann, Debra Gail Legget, Theodore P. Remley Jr.
Counseling & Human Services Faculty Publications
The authors explore the results of a study that assessed the types and frequency of legal issues encountered by counselors and counselors’ perceptions of their ability to respond to these issues. They also assessed whether the participants’ perceptions were related to practice setting, years of experience, completion of a course in ethics, recent completion of continuing education in ethics or legal issues, state licensure status, certification by the National Board of Certified Counselors (NBCC), and highest degree earned. Results demonstrate that counselors feel most prepared to deal with situations encountered most often, but that school counselors do not feel as …
Constitutional Possibilities, Lawrence B. Solum
Constitutional Possibilities, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
What are our constitutional possibilities? The importance of this question is illustrated by the striking breadth of recent discussions, ranging from the interpretation of the United States Constitution as a guarantee of fundamental economic equality and proposals to restore the lost constitution to arguments for the virtual abandonment of structural provisions of the Constitution of 1789. Such proposals are conventionally understood as placing constitutional options on the table as real options for constitutional change. Normative constitutional theory asks the question whether these options are desirable--whether political actors (citizens, legislators, executives, or judges) should take action to bring about their plans …
The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard
The Denial Of Emergency Protection: Factors Associated With Court Decision Making, Carol E. Jordan, Adam J. Pritchard, Pamela Wilcox, Danielle Duckett-Pritchard
Office for Policy Studies on Violence Against Women Publications
Despite the importance of civil orders of protection as a legal resource for victims of intimate partner violence, research is limited in this area, and most studies focus on the process following a court’s initial issuance of an emergency order. The purpose of this study is to address a major gap in the literature by examining cases where victims of intimate partner violence are denied access to temporary orders of protection. The study sample included a review of 2,205 petitions that had been denied by a Kentucky court during the 2003 fiscal year. The study offers important insights into the …
Sight, Sound And Meaning: Teaching Intellectual Property With Audiovisual Materials, Rebecca Tushnet
Sight, Sound And Meaning: Teaching Intellectual Property With Audiovisual Materials, Rebecca Tushnet
Georgetown Law Faculty Publications and Other Works
This article addresses the author's experience using audiovisual materials from the Georgetown Intellectual Property Teaching Resources database. She used audiovisual materials extensively in class to allow students to see the subject matter of the cases rather than just reading verbal descriptions and enable them to apply the principles they read about to new, concrete examples. Many students in IP courses have special interests in music, film, or the visual arts, and the database allows her--and other teachers--to present materials that engage them. She found that students are more willing to speak up in class when they can see or hear …
After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse
After The Reasonable Man: Getting Over The Subjectivity Objectivity Question, Victoria Nourse
Georgetown Law Faculty Publications and Other Works
This article challenges the conventional notion of the “reasonable man.” It argues that we make a category mistake when we adopt the metaphor of a human being as the starting point for analysis of the criminal law and instead offers an alternate approach based on heuristic theory, reconceiving the reasonable man as a heuristic that serves as the site for debate over majoritarian norms. The article posits that the debate over having a purely subjective standard and a purely objective standard obscures the commonsense necessity of having a hybrid standard, one which takes into account the characteristics of a particular …