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Articles 1 - 12 of 12
Full-Text Articles in Law
Best Training Practices For Probation Officers And Staff Toward Building A More Sophisticated, Fair, And Effective System Of Juvenile Justice In San Diego County, Carissa Carrasquillo
Best Training Practices For Probation Officers And Staff Toward Building A More Sophisticated, Fair, And Effective System Of Juvenile Justice In San Diego County, Carissa Carrasquillo
Ethnic Studies Senior Capstone Papers
This report illustrates how probation leadership, officers, and staff in San Diego County can adopt best training practices to address and alleviate incidents in juvenile detention facilities and build a sophisticated, fair, and effective system of juvenile justice. The goal of implementing best training practices for probation officers and staff is to build a knowledgeable workforce to better serve youth and families and reduce racial and ethnic disparities in the juvenile justice system. This report analyzes how innovations in management and the introduction of new programs has proven effective through research- and evidence-based practices and direct community involvement. In particular, …
Restorative Justice And Responsive Regulation In Higher Education: The Complex Web Of Campus Sexual Assault Policy In The United States And A Restorative Alternative, David R. Karp Phd
Restorative Justice And Responsive Regulation In Higher Education: The Complex Web Of Campus Sexual Assault Policy In The United States And A Restorative Alternative, David R. Karp Phd
School of Leadership and Education Sciences: Faculty Scholarship
Sexual assault policy on college campuses in the United States is a complex system guided by federal policy, state policy, and local mandates. When students violate sexual misconduct policies, campuses primarily rely on suspensions and expulsions, paralleling the criminal justice system’s reliance on incarceration as a solution based on stigmatization and separation. Since the 1990s, restorative justice has made inroads as an alternative response to student misconduct, but application to sexual misconduct is rare. The Campus PRISM Project (Promoting Restorative Initiatives on Sexual Misconduct) is a network of academics and practitioners exploring a restorative approach within a responsive regulatory framework. …
The Good, The Bad, The Ugly: Human Rights Violators In Comparative Perspective, Austin Choi-Fitzpatrick
The Good, The Bad, The Ugly: Human Rights Violators In Comparative Perspective, Austin Choi-Fitzpatrick
School of Peace Studies: Faculty Scholarship
A large and growing wave of scholarship has focused attention on a variety of contemporary forms of slavery. Early attention went to victims of sexual exploitation, though this is starting to slowly change with a growing body of work on labor exploitation. Previous studies focused exclusively on international trafficking and on the Global South whereas newer studies emphasize domestic trafficking and exploitation in the Global North. This article, and the special issue it introduces, suggests that it is high time scholars and advocates broaden their scope to more clearly focus on perpetrators and on the emancipation process. Perpetrators are too …
Free Trade Then And Now, Or Still Manchester United, Maimon Schwarzschild
Free Trade Then And Now, Or Still Manchester United, Maimon Schwarzschild
Faculty Scholarship
No abstract provided.
From Rescue To Representation: A Human Rights Approach To The Contemporary Anti-Slavery Movement, Austin Choi-Fitzpatrick
From Rescue To Representation: A Human Rights Approach To The Contemporary Anti-Slavery Movement, Austin Choi-Fitzpatrick
School of Peace Studies: Faculty Scholarship
Current efforts to end contemporary slavery represent a fourth wave of an Anglo-American abolitionist movement. Despite this historic precedent, there is little agreement on the nature of the problem. A review of current academic discourse, movement frames, and policy approaches suggests that six perspectives predominate: a prostitution approach focused on sexual exploitation of “women and girls”; a migration approach focused on the cross-border flow of migrants; a criminal justice approach focused on law and enforcement; a forced-labor approach emphasizing unfree labor; a slavery approach focused on trafficking in comparative-historical context; and a human rights approach centered on individual rights. This …
Causality In Contemporary American Sociology: An Empirical Assessment And Critique, Brandon Vaidyanathan, Michael Strand, Austin Choi-Fitzpatrick, Thomas Buschman, Meghan Davis, Amanda Varela
Causality In Contemporary American Sociology: An Empirical Assessment And Critique, Brandon Vaidyanathan, Michael Strand, Austin Choi-Fitzpatrick, Thomas Buschman, Meghan Davis, Amanda Varela
School of Peace Studies: Faculty Scholarship
Using a unique data set of causal usage drawn from research articles published between 2006–2008 in the American Journal of Sociology and American Sociological Review, this article offers an empirical assessment of causality in American sociology. Testing various aspects of what we consider the conventional wisdom on causality in the discipline, we find that (1) “variablistic” or “covering law” models are not the dominant way of making causal claims, (2) research methods affect but do not determine causal usage, and (3) the use of explicit causal language and the concept of “mechanisms” to make causal claims is limited. Instead, we …
To Seek And Save The Lost: Human Trafficking And Salvation Schemas Among American Evangelicals, Austin Choi-Fitzpatrick
To Seek And Save The Lost: Human Trafficking And Salvation Schemas Among American Evangelicals, Austin Choi-Fitzpatrick
School of Peace Studies: Faculty Scholarship
American evangelicals have a history of engagement in social issues in general and anti-slavery activism in particular. The last 10 years have seen an increase in both scholarly attention to evangelicalism and evangelical focus on contemporary forms of slavery. Extant literature on this engagement often lacks the voices of evangelicals themselves. This study begins to fill this gap through a qualitative exploration of how evangelical and mainline churchgoers conceptualize both the issue of human trafficking and possible solutions. I extend Michael Young's recent work on the confessional schema motivating evangelical abolitionists in the 1830s. Through analysis of open-ended responses to …
Managing Democracy In Social Movement Organizations, Austin Choi-Fitzpatrick
Managing Democracy In Social Movement Organizations, Austin Choi-Fitzpatrick
School of Peace Studies: Faculty Scholarship
Leaders are crucial to social movement mobilization and maintenance. They often experience conflict between a value for inclusive engagement and a sense that they are moving efficiently toward their organizations' goals. This study draws on a multisite ethnography to suggest two mechanisms through which leaders may resolve this conflict: staging (manipulating organizational procedures) and scripting (using language to reinforce these procedures). Resolving tension in this way often leaves the leader in control of organizational processes and outcomes, and has the unintended effect of stifling the actual process of democratic participation. This study emphasizes the culturally embedded inertia of the democratic …
Intellectual Property, Copyright, And Piracy: A Cultural View, Steven W. Staninger
Intellectual Property, Copyright, And Piracy: A Cultural View, Steven W. Staninger
Copley Library: Faculty Scholarship
Religion plays a major role in determining culture, and has an important effect on how laws are both written and enforced. The concept of intellectual property varies in different cultural traditions, and the dominant religion of a culture plays a major role in the how copyright is viewed and if it is respected or enforced. This paper briefly evaluates the cultures of three major religious and intellectual traditions to determine what, if any, effect their beliefs and values have on the respect for and enforcement of laws defending intellectual property and copyright.
Strict Liability For Gatekeepers: A Reply To Professor Coffee, Frank Partnoy
Strict Liability For Gatekeepers: A Reply To Professor Coffee, Frank Partnoy
University of San Diego Law and Economics Research Paper Series
This article responds to a proposal by Professor John C. Coffee, Jr. for a modified form of strict liability for gatekeepers. Professor Coffee’s proposal would convert gatekeepers into insurers, but cap their insurance obligations based on a multiple of the highest annual revenues the gatekeepers recently had received from their wrongdoing clients. My proposal, advanced in 2001, would allow gatekeepers to contract for a percentage of issuer damages, after settlement or judgment, subject to a legislatively-imposed floor. This article compares the proposals and concludes that a contractual system based on a percentage of the issuer’s liability would be preferable to …
Encumbered Shares, Shaun Martin, Frank Partnoy
Encumbered Shares, Shaun Martin, Frank Partnoy
University of San Diego Law and Economics Research Paper Series
The fundamental assumptions in the law and economics literature about shareholder voting and the one-share/one-vote rule are flawed. The classic view is that share ownership is necessary and sufficient to create voting rights and that such rights should be directly proportional to share ownership. We demonstrate that this assumption is unfounded, both for shares that are “economically encumbered” (held by shareholders who are not pure residual claimants; e.g., a shareholder who owns one share and is also short one or more shares) as well as shares that are “legally encumbered” (held or associated with more than one shareholder; e.g., shares …
Does The Tax Law Discriminate Against The Majority Of American Children: The Downside Of Our Progressive Rate Structure And Unbalanced Incentives For Higher Education?, Lester B. Snyder
University of San Diego Law and Economics Research Paper Series
Our graduate income tax structure provides an incentive to shift income to lower-bracket family members. However, some parents have much more latitude to shift income to their children than do others. Income derived from services and private business-by far the majority of American income-is less favored than income derived from publicly traded securities. The rationale given for this discrimination is that parents in services or private business, as opposed to those in securities, do not actually part with control of their property. This article explores these tax broader (yet subtle) tax benefits and their impact on the majority of children …