Law Commons^™

The Right To Repair: (Re)Building A Better Future, Jumana Labib

Undergraduate Student Research Internships Conference

The goal of this research project was to take a multi-faceted, interdisciplinary approach to research and examine the Right to Repair movement’s progress, current repair practices, impediments, and imperatives, and the various large-scale implications (environmental, economic, social, etc.) stemming from diminished consumer freedom as a result of increased corporate greed and lack of governmental regulations with regards to repair and the environment. This poster exhibits the highlights of my general research project on the Right to Repair movement over the course of this four month internship, and aims to disseminate information about the movement to the wider public in an …

Analyzing Wrongful Convictions Beyond The Traditional Canonical List Of Errors, For Enduring Structural And Sociological Attributes, (Juveniles, Racism, Adversary System, Policing Policies), Leona D. Jochnowitz, Tonya Kendall

Touro Law Review

Researchers identify possible structural causes for wrongful convictions: racism, justice system culture, adversary system, plea bargaining, media, juvenile and mentally impaired accused, and wars on drugs and crime. They indicate that unless the root causes of conviction error are identified, the routine explanations of error (e.g., eyewitness identifications; false confessions) will continue to re-occur. Identifying structural problems may help to prevent future wrongful convictions. The research involves the coding of archival data from the Innocence Project for seventeen cases, including the one for the Central Park Five exonerees. The data were coded by Hartwick College and Northern Vermont University students …

#Aminext: The Link Between European Colonization And Gender-Based Violence In Contemporary South Africa, Jenna Meredith Pagel

Capstone Showcase

Alarmingly, the female murder rate in South Africa is five times the global average (BBC News 2019). According to data from 2017 and 2018, a woman is murdered every four hours in South Africa (Wilkinson 2019). More than 30 women were killed by their spouses in August 2019, and at least 137 sexual offenses are committed per day in South Africa (Francke 2019).

For this thesis, and in order to understand why South Africa has some of the highest rates of violence against women in the world, I consult a number of scholars who conclude that the overall issue of …

Speaking Volumes: The Failure Of American Courts To Address The Underlying Themes Of Silence And Patriarchy Within The Civil Order Of Protection Process In Davenport, Iowa, Catherine Priebe

Sociology: Student Scholarship & Creative Works

Domestic abuse is a pervasive issue within the United States. Approximately three women will be murdered by an intimate partner every day and around half of all women will experience psychological abuse by an intimate partner in their lifetime. As such, it is important to have legal avenues that survivors can pursue in order to ensure safety for themselves and their children. There are many obstacles to obtaining a civil order of protection despite it being the most common legal option survivors choose to pursue. Survivors must take on the burden of proof and hire their own attorney if they …

Tramitación Social Después Del Trauma Colectivo: Un Análisis De Las Respuestas Colectivas En Torno El Trabajo De Las Abuelas De Plaza De Mayo De Argentina Después De La Última Dictadura Cívico-Militar / Social Processing After Collective Trauma: An Analysis Of The Collective Responses Around The Work Of Argentina’S Abuelas De Plaza De Mayo After The Most Recent Civic-Military Dictatorship, Sarah Horwitz

Independent Study Project (ISP) Collection

Este ensayo investiga las respuestas colectivas al trabajo de las Abuelas de Plaza de Mayo en la Argentina. Las Abuelas son un grupo de mujeres con hijos y nietos que fueron desaparecidos sistemáticamente junto con 30.000 personas durante la última dictadura cívicomilitar de 1976 a 1983. En 1977, las Abuelas de Plaza de Mayo se juntaron para encontrar a sus nietos y nietas, muchos de los cuales habían sido entregados a familias cercanas a la dictadura. Aunque al día de hoy han recuperado más de 100 nietos y nietas, todavía falta más de 300. Esta investigación utiliza entrevistas personales y …

Straining To Prevent The Rohingya Genocide: A Sociology Of Law Perspective, Katherine Southwick

Genocide Studies and Prevention: An International Journal

This paper analyzes the generally muted international response to the protracted plight of the Rohingya, a persecuted Muslim minority in Myanmar, from the perspective of sociology of law. The first part provides background on the Rohingya crisis and discusses relevant international legal frameworks relating to crimes against humanity and genocide. The second part adapts analytical frameworks developed by Felstiner, Abel, and Sarat on the emergence and transformation of disputes, in order to examine some of the factors that frustrate the processes of naming crimes, blaming perpetrators, and claiming rights and protection for the Rohingya minority in the international context. Work …

On The Social Significance Of Large Law Firm Practice, Robert Kagan, Robert Rosen

Robert Kagan

No abstract provided.

Voice And Context In Simulated Everyday Legal Discourse: The Influence Of Sex Differences And Social Ties, Calvin Morrill, Tyler Harrison, Michelle Johnson

Calvin Morrill

Everyday legal discount refers to the spoken language with which ordinary people constitute the law-in-action. In this article, we experimentally investigate the social distribution of rule-and relationally-oriented discourse found by ethnographers in small-claims court settings. We examine the influences of sex differences and social ties between disputants on these types of discourse in a mock small-claims setting using a quantitative content coding scheme. We do not find empirical support for sex differences in the production of simulated everyday legal discourse. The relational context of a dispute (operationalized as the strength of social ties between disputants) has significant effects on the …

Seeing Crime And Punishment Through A Sociological Lens: Constributions, Practices, And The Future, Calvin Morrill, John Hagan, Bernard E. Harcourt, Tracey Meares

Calvin Morrill

No abstract provided.

Placeness: Mongolia A Call For The Creation Of A Human Impact Assessment, C. Winston Kies

Independent Study Project (ISP) Collection

Sense of place, place-­‐based identities, and “placeness” are fundamental ways through which human beings understand their physical place in the world. The means by which most Mongolians—and indeed most human beings—strive for placeness is fairly simple. First, one decides what location will become their place. Their place may be predetermined (i.e. a birthplace) or chosen (based on the wildlife, the scenery, the neighborhood, etc.). Once one has a place, sense of place necessarily follows. One’s place becomes the standard by which locations are understood, and by which one understands oneself. The latter process constitutes the formation of place-­‐based identities, which …

Between Selves And Collectivities: Toward A Jurisprudence Of Identity, Meir Dan-Cohen

Meir Dan-Cohen

No abstract provided.

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

Designing Incentives For Inexpert Human Raters, Daniel L. Chen, John J. Horton, Aaron D. Shaw

Faculty Scholarship

The emergence of online labor markets makes it far easier to use individual human raters to evaluate materials for data collection and analysis in the social sciences. In this paper, we report the results of an experiment - conducted in an online labor market - that measured the effectiveness of a collection of social and financial incentive schemes for motivating workers to conduct a qualitative, content analysis task. Overall, workers performed better than chance, but results varied considerably depending on task difficulty. We find that treatment conditions which asked workers to prospectively think about the responses of their peers - …

Predicting Police Discretion: A Traffic Stop Analysis, Andrew Girard

Honors Projects

Examines Donald Black's (1976) theory of pure sociology with data from traffic stops collected over eight months during seventy hours of "ride alongs" with eight different police departments in Rhode Island. Posits that the social structure of each traffic stop is predictable based on observable characteristics of the parties involved and that distance in social space increases the likelihood of a police officer issuing a citation to a driver, while social characteristics similar to that of the police officer reduces the likelihood of a driver receiving a citation. Twenty-one variables throught to impact a police officer's discretion are analyzed. As …

Archetypal Energies, The Emergence Of Obama As A Practical Idealist, And Global Transformation, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

During this time of change, AHP and kindred spirits on the edge have important roles to play. We are the keepers and nurturers of a transformative and evolutionary Vision for Consciousness and a more humane world. At issue is what I will call the “psychic politics” for global transformation, nurtured by practical idealism and the Archetypal Energies. In other writings, I have described Archetypal Energies as Higher Vibrational Energies, operating deep within our individual and collective psyches, which have their own transcendent value, purpose, quality, and “voice”, unique to the individual. We experience them as “creative urges” to move us …

A Primary Human Challenge, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

We may ask why, at both the individual and collective levels, it has seemed so difficult for us to choose to evolve our human games with Joy. There is no one answer for such a question, for each of us has the gift of free will. I will suggest, however, that built into our human games is what I call a primary human challenge. That primary human challenge is a dynamic tension, flowing from our creative urge for the freedom “to be” who we really are in our current physical form, and simultaneously to embrace our responsibility for our Being-ness.

The Fall Of The 1977 Phillies: How A Baseball Team's Collapse Sank A City's Spirit, Mitchell J. Nathanson

Mitchell J Nathanson

Too often, the Philadelphia sports fan has been dismissed as a lout, a boorish dolt immune to reason, his vocabulary whittled down to a singular “boo.” This is particularly true when it comes to Phillies fans, who are more likely to turn on their team than any other in the city. Although the Eagles, Sixers and Flyers may hear it from the rafters when they’re not going well, only the Phils will hear it when they are. The strained relationship between the city and the Phillies, however, has deep historical and sociological roots; roots that directly correlate with the city’s …

Sorry, But It's The Law: The Westernization Of Islam, Gwendolyn Yvonne Alexis

Gwendolyn Yvonne Alexis

The last quartile of the 20th Century vastly changed the religio-cultural landscape of the West. Previously the stronghold of Christianity, the West has entered into a period of deep diversity as a result of the unprecedented level of migration of non-Western, non-Christian peoples to western destinations. These new immigrants, with their foreign cultures and unfamiliar religions, came westward with the full expectation that they--like the diverse array of Christian emigrants who migrated westward decades before--would fully enjoy religious liberty in nations long heralded for their commitment to democratic principles and respect for civil rights. How are these immigrants faring on …

The Death Of Roy Lee Centers, Kenneth D. Tunnell, Terry C. Cox

Justice Studies Faculty and Staff Research

"Be it remembered." A simple command yet, in this case, an introduction spoken by the judge in the Breathitt County, Ky., trial of William (Bill) R. Hurst, who killed Roy Lee Centers, a native of Jackson, Kentucky

The Death Of Roy Lee Centers, Kenneth D. Tunnell, Terry C. Cox

Kenneth Tunnell

"Be it remembered." A simple command yet, in this case, an introduction spoken by the judge in the Breathitt County, Ky., trial of William (Bill) R. Hurst, who killed Roy Lee Centers, a native of Jackson, Kentucky

Legislative Terrorism: A Primer For The Non-Islamic State; Secularism And Different Believers, Gwendolyn Yvonne Alexis

Gwendolyn Yvonne Alexis

In industrial societies where civil law and state institutions have become well-established secular vehicles for governing the populace, it is widely assumed that the state no longer has an interest in fortifying the religious sector as a complementary source of social control. Thus, a distinction is drawn between the Islamic state that is ruled by religious law and the secular state of Western industrial societies in which religion is deemed to have lost its influence in the public sphere. This dissertation argues that civil law is not religiously neutral and thus challenges a central premise of secularization theory. Introducing a …

Out Of The Ordinary: Law, Power, Culture, And The Commonplace, Naomi Mezey

Georgetown Law Faculty Publications and Other Works

Review of The Common Place of Law: Stories From Everyday Life by Patricia Ewick & Susan S. Silbey (1998).

Sometimes a work's intellectual influences reveal both its strengths and its shortcomings. This is certainly the case with Patricia Ewick and Susan Silbey's The Common Place of Law: Stories From Everyday Life, and its indebtedness to the thinking of Michel Foucault and Michel de Certeau. Taken together, Foucault and de Certeau's work suggests that investigations of law's power are most fruitful not at the level of legal institutions and the state but at the level of lived experience, where we …

Romantic And Electronic Stalking In A College Context, Rebecca K. Lee

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Economics And Sociology: The Prospects For An Interdisciplinary Discourse Of Law, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

My purposes in this essay are two-fold. First, I provide some background on the disciplines of economics and sociology as a basis for the discussion at this Symposium and for my own discussion of the potential for an interdisciplinary discourse on law. In this regard, in the first section of the essay I provide a brief history of the relationship between the two disciplines, a brief outline of the basic characteristics of each disciplinary perspective, and a brief discussion of the emerging opportunities for useful exchange between the two disciplines. Second, I examine the prospects that the economic analysis of …

A Sociological Perspective On Bankruptcy, Lisa J. Mcintyre

Indiana Law Journal

Symposium: As We Forgive Our Debtors

Taking Kawashima Seriously: A Review Of Japanese Research On Japanese Legal Consciousness And Disputing Behavior, Setsuo Miyazawa

Faculty Scholarship

This paper discusses Japanese research on legal consciousness (ho-ishiki) and civil disputing. The author presents a recent explication of Takeyoshi Kawashima's concept of legal consciousness as a cultural factor and also proposes to explore the possibility of treating it as an individual, attitudinal factor. He also reviews large-scale surveys of aggregate-level culture and studies on individual-level disputing behavior. The need and possibility of a longitudinal study of individual disputing behavior that uses individual-level attitudes and regional culture as explanatory variables is suggested.

Introduction: Toward A Sociology Of The Class Action, Bryant G. Garth

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982

Class Action Suits And Social Change: The Organization And Impact Of The Hill-Burton Cases, P.A. Paul-Shaheen, Harry Perlstadt

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982

The Institutionalization Of Conflict In The Reform Of Schools: A Case Study Of Court Implementation Of The Parc Decree, Janet Rosenberg, William R.F. Phillips

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982

Conclusion: The Mobilizing Potential Of Class Actions, Lynn Mather

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982