Law Commons^™

How Mature Capitalism Turns Pollution Into Diamonds: Malagnogenesis And The Reverse-Engineering Of Harm Into Risk, Kevin P. Martyn

USF Tampa Graduate Theses and Dissertations

In recent years, there has been a great deal of debate about the pervasiveness and persistence of neoliberal thinking. In the context of the post-2008 ‘great recession’ the resilience of neoliberalism is particularly confounding. To begin to unravel the ways in which neoliberalism is situated relative to risk, this study identifies an increasingly important neoliberal knowledge practice: malagnogenesis. Malagnogenesis is proposed herein as the production of ignorance that normalizes harm for and amongst marginalized populations. To shed light on the phenomena of malagnogenesis, this study investigated the history of leaded gasoline in the U.S. To that end, I …

Economic Ideology And The Rise Of The Firm As A Criminal Enterprise, William K. Black, June Carbone

Akron Law Review

Over the last 50 years, the institutions, ideology, nature, and power of firms in the United States have been radically transformed. Neoclassical economics has led that transformation, supplying an ideology that justified a dramatic increase in top executive compensation while dismantling the mechanisms that produced personal accountability tied to anything but relatively short term shifts in share prices. Yet, alongside the rise of the corporation, from the time of Adam Smith forward, has been concern that the separation of ownership and control creates opportunities to use the corporation as a “weapon” of fraud, and with the return of global financial …

Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine Baker

All Faculty Scholarship

This article explains and defends the Department of Education’s campaign against sexual misconduct on college campuses. It does so because DOE has inexplicably failed to make clear that their goal is to protect women from the intimidating and hostile environment that results when men routinely use women sexually, without regard to whether women consent to the sexual activity. That basic point, that schools are policing harassing and intimidating behavior, not necessarily rape, has been lost on both courts and commentators. Boorish, entitled, sexual behavior that stops well short of rape, if pervasive enough, has been actionable as sexual harassment for …

Campus Sexual Misconduct As Sexual Harassment: A Defense Of The Doe, Katharine K. Baker

Katharine K. Baker

The Territorial Principle In Penal Law: An Attempted Justification, Patrick J. Fitzgerald

Georgia Journal of International & Comparative Law

No abstract provided.

In The Wasteland Of Your Mind: Criminology, Scientific Discovieries And The Criminal Process, Michael L. Perlin, Alison Lynch

Articles & Chapters

This paper addresses a remarkably-underconsidered topic: the potential impact of scientific discoveries and an increased understanding of the biology of human behavior on sentencing decisions in the criminal justice system, specifically, the way that sentencing has the capacity to rely on scientific evidence (such as brain imaging) as a mitigating factor (or perhaps, in the mind of some, as an aggravating factor) in determining punishment.

Such a new method of evaluating criminality, we argue, can be beneficial not only for the defendant, but also for the attorneys and judge involved in the case. If used properly, it may help to …

Investigative Inadequacies Or Investigative Corruption? Exploring The Role Of Police Misconduct Within Canadian Wrongful Conviction Cases, Michelle L. Lovegrove

Theses and Dissertations (Comprehensive)

The phenomenon of wrongful convictions has begun to attract the attention of the public and scholars alike within the past few decades. However, despite this recent fixation the issue of wrongful convictions is not new, as research on the subject dates back to 1932 with the work of Edwin Borchard. Most of the research on the subject of wrongful convictions has focused largely on identifying the factors that contribute to these injustices. For the most part academics are in agreement when it comes to the causes of wrongful convictions, which include, eyewitness misidentification, false confessions, police & prosecutor misconduct, use …

No More Mind Games: Content Analysis Of In-Game Commentary Of The National Football League’S Concussion Problem, Jeffrey Parker

Theses and Dissertations (Comprehensive)

American (gridiron) football played at the professional level in the National Football League (NFL) is an inherently physical spectator sport, in which players frequently engage in significant contact to the head and upper body. Until recently, the long-term health consequences associated with on the field head trauma were not fully disclosed to players or the public, potentially misrepresenting the dangers involved in gameplay. Crucial to the dissemination of this information to the public are in-game televised commentators of NFL games, regarded as the primary conduits for mediating in-game narratives to the viewing audience. Using a social constructionist theoretical lens, this …

"Get Tough On Juvenile Criminals": An Assessment Of Punitiveness And Punitive Attitudes, Richard Charles Gehrke

All Graduate Theses, Dissertations, and Other Capstone Projects

This quantitative study surveyed college students (n=111), currently attending a community college in northeastern Minnesota, regarding whether juveniles should receive the same due process rights as adults, what the primary goal of the juvenile justice system should be, whether juveniles charged with serious offenses should be tried as adults, and whether juveniles convicted of committing a serious offense should be sentenced as adults. Utilizing two competing theoretical frameworks, the researcher hypothesized that students who self-identify with a conservative political ideology would be more punitive than students who self-identify with a liberal political ideology. The researcher's second hypothesis was that students …