Law Commons^™

When The Local And The Global Are Too Close For Comfort, Lawrence La Fountain-Stokes

Center for LGBTQ Studies (CLAGS)

In the early morning of August 15, 2001, Edgar Garzon, a 35-year-old Latino gay man better know as "Eddie," was viciously attacked with a "blunt instrument" by an unidentified assailant who jumped out of a red car. This occurred in Jackson Heights, Queens, an extremely diverse neighborhood with large concentrations of Latin Americans, Indians, Pakistanis, Bangladeshis and Koreans and a sizeable gay population. Garzon suffered three fractures in his cranium and was in a coma until September 4, when he passed away at Elmhurst Medical Center. His family, who reside mostly in Colombia and Florida, as well as his close …

Desecrating The Ark: Animal Abuse And The Law's Role In Prevention, Margit Livingston

College of Law Faculty

In this Article, Professor Livingston examines the history and philosophy of animal cruelty laws and also surveys the scope and content of contemporary American anti-cruelty statutes. She explores, moreover, a substantial body of social science data that suggest a correlation between the commission of animal abuse and a propensity for other violent behavior. From her survey of current law, Professor Livingston concludes that lawmakers should amend animal cruelty statutes to provide for mandatory psychological treatment for youthful offenders and harsher penalties for older and habitual offenders. She observes that animal abuse as a crime not only affects the animals targeted …

Desecrating The Ark: Animal Abuse And The Law's Role In Prevention, Margit Livingston

Margit Livingston

Gender Politics In Massachusetts: Progress For Paid Family Leave, Elizabeth A. Sherman

New England Journal of Public Policy

Advances in the educational and occupational status of women in the United States over the past quarter century have greatly expanded the participation of women in the workforce. However, economic and social changes in women’s lives have put pressure on traditional family roles and on the political system to respond to the problems families face balancing work and family responsibilities. Initiatives for paid family leave in Massachusetts reflect the newfound political strength of women in politics — as leaders of political organizations, as elected officials, and as voters — and the willingness of the state’s political elite to grapple with …

Quality Of Life As Defined By Chinese Americans With Disabilities: Implications For Rehabilitation Services, Nan Zhang Hampton, Vickie Chang

Institute for Asian American Studies Publications

We hypothesized that Chinese Americans with disabilities may remain culturally attached to their ancestors' homeland and this cultural attachment may have influences on the concept of Quality of Life (QOL). That is, QOL may be perceived, by Chinese Americans with disabilities, not only as an individual's satisfaction with his or her life, but also the person's fulfillment of his or her responsibilities to his or her family and community. Of course, this hypothesis needs to be examined. Such an investigation may provide rehabilitation counselors with insights into the meaning of QOL from the viewpoint of Chinese Americans with disabilities. It …

Weapons As Weapons: Another Northern Ireland Impasse, Ibpp Editor

International Bulletin of Political Psychology

This article explores the psychology of weapons possession in the context of political conflict in Northern Ireland.

Trends. Colombian Rebels And Elite Interests: Rights And Wrongs On Human Rights, Ibpp Editor

International Bulletin of Political Psychology

This article discusses and analyzes the reactions of elites to rebel actions (e.g., human rights violations, other violent actions) in Colombia.

Hybrid Organizations And The Alignment Of Interests: The Case Of Fannie Mae And Freddie Mac, Jonathan G.S. Koppell

Publications from President Jonathan G.S. Koppell

This article explores the political influence of government-sponsored enterprises (GSEs). Using Congress's overhaul of the regulatory infrastructure for Fannie Mae and Freddie Mac as a case study, the article presents two principal findings: (1) The characteristics that distinguish government-sponsored enterprises from traditional government agencies and private companies endow Fannie Mae and Freddie Mac with unique political resources; and (2) the alignment of interest groups around Fannie Mae and Freddie Mac is subject to strategic manipulation by the GSEs. A triangular model of this alignment is proposed and employed to analyze the legislative outcome. The case has implications for students of …

Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White

All Faculty Scholarship

No abstract provided.

The Ex Ante Function Of The Criminal Law, Paul H. Robinson, John M. Darley, Kevin M. Carlsmith

All Faculty Scholarship

Criminal legal codes draw clear lines between permissible and illegal conduct, and the criminal justice system counts on people knowing these lines and governing their conduct accordingly. This is the "ex ante" function of the law; lines are drawn, and because citizens fear punishments or believe in the moral validity of the legal codes they do not cross these lines. But do people in fact know the lines that legal codes draw? The fact that several states have adopted laws that deviate from other state laws enables a field experiment to address this question. Residents (N = 203) of states …

Politics, Childhood Sexual Abuse, And Science Abuse, Ibpp Editor

International Bulletin of Political Psychology

This article explores the latest political developments concerning the scientific analysis of childhood sexual abuse.

Is Science Ever Science? The Politics Of Child Care, Ibpp Editor

International Bulletin of Political Psychology

This article explores the political behavior of psychologists in the carrying out of scientific tasks.

Driving In Massachusetts: When To Stop And Who Should Decide?, Nina M. Silverstein, Jenai Murtha

Gerontology Institute Publications

The purpose of this exploratory research was to assess three stakeholders’ perceptions of the locus of responsibility for driving cessation and identify the criteria that should be included in that decision. The stakeholder groups studied were law enforcement officers, physicians, and the general public age 50 years and older. Defining areas of agreement and disagreement across stakeholders will be valuable for informing policy makers who may be considering statewide or national initiatives. Findings will also be useful for public information and training.

Berle And Means Reconsidered At The Century's Turn, William W. Bratton

All Faculty Scholarship

No abstract provided.

Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch

All Faculty Scholarship

No abstract provided.

Institutionalized Discrimination And Sectarianism In Northern Ireland, Darlene E. Hall

Sociology & Criminal Justice Theses & Dissertations

The purpose of this research and subsequent thesis is to explore the issue of institutionalized discrimination, sectarian and political harassment, and victimization in the North of Ireland.

Understanding the situation in the North of Ireland will contribute to an understanding of how minority groups experience oppression and domination from the power elite groups. Extralegal, improper, or unwarranted force by police and security force members receives special attention. Conflict theorists such as Bailey (1996), Skolnick and Fyfe (1993), Quinney (1970) and Chambliss (1994) are reviewed regarding the misuse of force by police. A review of literature reveals that discrimination and sectarian …

Trends. China And Homosexuality: The Politics Of Security, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the removal of homosexuality from a list of mental illnesses by the Chinese Psychiatric Association (CPA) in the context of international security.

Punishing Dangerousness: Cloaking Preventive Detention As Criminal Justice, Paul H. Robinson

All Faculty Scholarship

Laypersons have traditionally thought of the criminal justice system as being in the business of doing justice: punishing offenders for the crimes they commit. Yet during the past several decades, the justice system's focus has shifted from punishing past crimes to preventing future violations through the incarceration and control of dangerous offenders. Habitual-offender statutes, such as "three strikes" laws, authorize life sentences for repeat offenders. Jurisdictional reforms have decreased the age at which juveniles may be tried as adults. Gang membership and recruitment are now punished. "Megan's Law" statutes require community notification of convicted sex offenders. "Sexual predator" statutes provide …

Why Do They Strike Us?, James Polchin

Center for LGBTQ Studies (CLAGS)

Over the past two years since the brutal murder of Matthew Shepard in Laramie Wyoming, the circumstances of his death have held a symbolic place in the story of violence against gay men and lesbians nationally. University of Wyoming Professor Beth Loffreda's book Losing Matt Shepard: Life and Politics in the Aftermath of Anti-Gay Murder is on the "Lambda Book Report" best-sellers list and MTV has recently premiered "Anatomy of a Hate Crime: The Matthew Shepard Story" that dramatized the events of October 6th, 1998. The telling and retelling of Shepard's murder in both academic books and popular culture suggests …

Opaque Recklessness, Kimberly Kessler Ferzan

Journal of Criminal Law and Criminology

No abstract provided.

Evidence Handed To The Irs Criminal Division On A Civil Platter: Constitutional Infringements On Taxpayers, Amanda A. Cochran

Journal of Criminal Law and Criminology

No abstract provided.

The Jurisprudence Of The Plra: Inmates As Outsiders And The Countermajoritarian Difficulty, James E. Robertson

Journal of Criminal Law and Criminology

No abstract provided.

Policing Possession: The War On Crime And The End Of Criminal Law, Markus Dirk Dubber

Journal of Criminal Law and Criminology

No abstract provided.

Identity Crisis: "Intersectionality," "Multidimensionality," And The Development Of An Adequate Theory Of Subordination, Darren L. Hutchinson

Faculty Articles

This Article arises out of the intersectionality and post-intersectionality literature and makes a case against the essentialist considerations that informed HRC's endorsement of D'Amato. Part I discusses the pitfalls that occur when scholars and activists engage in essentialist politics and treat identities and forms of subordination as conflicting forces. Part II examines how essentialism negatively affects legal theory in the equality context. Part III considers the historical motivation for and the efficacy of the "intersectionality" response to the problem of essentialism. Part III also extensively analyzes the "multidimensional" critiques of essentialism offered by the most recent school of thought in …

A Preacher's Teacher: Lessons On Ministry From One Who Proclaims The Word, Craig Mousin

Mission and Ministry Publications

No abstract provided.

The Image Of Paul Robeson:Role Model For The Student And Athlete, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …

Free Speech, Toxic Tort, And The Battle Of Sugar Creek, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.

Eindrapport Stadsbendes En Hun Buurt, Jenneke Christiaens, Els Enhus, Christian Eliaerts, Liesbeth Vanmechelen

Jenneke Christiaens

No abstract provided.

Subjective States Of Mind And Custodial Arrest: Race Based Policing, Christopher C. Cooper

Christopher C. Cooper Dr.

No abstract provided.