Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pennsylvania Carey Law School (25)
- University of Pittsburgh School of Law (10)
- University of North Florida (9)
- University of Massachusetts Boston (8)
- Columbia Law School (5)
-
- University at Buffalo School of Law (4)
- SIT Graduate Institute/SIT Study Abroad (3)
- William & Mary Law School (3)
- Montclair State University (2)
- University of New Hampshire (2)
- Chapman University (1)
- Duke Law (1)
- Georgetown University Law Center (1)
- Liberty University (1)
- Maurer School of Law: Indiana University (1)
- Northwestern Pritzker School of Law (1)
- Purdue University (1)
- Rhode Island College (1)
- Sacred Heart University (1)
- Technological University Dublin (1)
- University of Kentucky (1)
- University of Nebraska - Lincoln (1)
- University of Northern Iowa (1)
- Wayne State University (1)
- Western Kentucky University (1)
- Keyword
-
- Rodney Lawrence (8)
- Rodney Lawrence Hurst (8)
- Sr. Papers; Hurst (8)
- Sr.; Hurst (8)
- Intellectual property (6)
-
- Rodney L.; African Americans--Civil Rights--Florida--Jacksonville--History--20th century--Sources; Jacksonville (5)
- Copyright (4)
- Fla--History--20th Century Jacksonville (4)
- Fla--History--20th Century; Jacksonville (4)
- Politics (4)
- Racial discrimination (4)
- Commons (3)
- Criminal law (3)
- Domestic violence (3)
- Elder Economic Security Standard (3)
- Gender (3)
- Knowledge (3)
- Law enforcement (3)
- Rodney L.; African Americans--Civil Rights--Florida--Jacksonville--History--20th century--Sources.; Jacksonville (3)
- Sentencing (3)
- Women (3)
- Administrative law (2)
- Civil Rights (2)
- Common pools (2)
- Constitutional Law (2)
- Constitutional Rights (2)
- Constitutional law (2)
- Crime (2)
- Deterrence (2)
- Disability advocacy (2)
- Publication
-
- All Faculty Scholarship (25)
- Articles (8)
- Textual material from the Rodney Lawrence Hurst, Sr. Papers (8)
- Faculty Scholarship (4)
- Gerontology Institute Publications (4)
-
- Faculty Publications (3)
- Independent Study Project (ISP) Collection (3)
- Book Chapters (2)
- Book Reviews (2)
- Data Note Series, Institute for Community Inclusion (2)
- Journal Articles (2)
- All Institute for Community Inclusion Publications (1)
- Articles by Maurer Faculty (1)
- Criminal Justice Faculty Publications (1)
- Department of Counseling Scholarship and Creative Works (1)
- Department of Geography: Dissertations, Theses, and Student Research (1)
- Department of Justice Studies Faculty Scholarship and Creative Works (1)
- Faculty Publications and Presentations (1)
- Faculty Working Papers (1)
- GIS Day (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Graduate Research Papers (1)
- Honors Projects (1)
- Human Rights Institute (1)
- Institute for Asian American Studies Publications (1)
- Law Faculty Scholarship (1)
- Office for Policy Studies on Violence Against Women Publications (1)
- Other resources (1)
- Peace Studies Faculty Articles and Research (1)
- Saffy Collection - All Textual Materials (1)
Articles 1 - 30 of 86
Full-Text Articles in Law
Fred Fejes' Gay Rights And Moral Panic: The Origins Of America's Debate On Homosexuality (Book Review), Michael Boucai
Fred Fejes' Gay Rights And Moral Panic: The Origins Of America's Debate On Homosexuality (Book Review), Michael Boucai
Book Reviews
No abstract provided.
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
The Disutility Of Injustice, Paul H. Robinson, Geoffrey P. Goodwin, Michael Reisig
All Faculty Scholarship
For more than half a century, the retributivists and the crime-control instrumentalists have seen themselves as being in an irresolvable conflict. Social science increasingly suggests, however, that this need not be so. Doing justice may be the most effective means of controlling crime. Perhaps partially in recognition of these developments, the American Law Institute's recent amendment to the Model Penal Code's "purposes" provision – the only amendment to the Model Code in the 47 years since its promulgation – adopts desert as the primary distributive principle for criminal liability and punishment. That shift to desert has prompted concerns by two …
Recessions And The Social Safety Net: The Alternative Minimum Tax As A Countercyclical Fiscal Stabilizer, Brian Galle, Jonathan Klick
Recessions And The Social Safety Net: The Alternative Minimum Tax As A Countercyclical Fiscal Stabilizer, Brian Galle, Jonathan Klick
All Faculty Scholarship
As recent events illustrate, state finances are procyclical: during recessions, state revenues crash, worsening the effects of economic downturns. This problem is well known, yet persistent. We argue here that, in light of predictable federalism and political economy dynamics, states will be unable to change this situation on their own. Additionally, we note that many possible federal remedies may result in worse problems, such as by creating moral hazard that would induce states to take on excessively risky policy, both fiscal and otherwise. Thus, we argue that policymakers should consider so-called “automatic” stabilizers, such as are found in the federal …
Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen
Privacy Torts: Unreliable Remedies For Lgbt Plaintiffs, Anita L. Allen
All Faculty Scholarship
In the United States, both constitutional law and tort law recognize the right to privacy, understood as legal entitlement to an intimate life of one’s own free from undue interference by others and the state. Lesbian, gay, bisexual, and transgender (“LGBT”) persons have defended their interests in dignity, equality, autonomy, and intimate relationships in the courts by appealing to that right. In the constitutional arena, LGBT Americans have claimed the protection of state and federal privacy rights with a modicum of well-known success. Holding that homosexuals have the same right to sexual privacy as heterosexuals, Lawrence v. Texas symbolizes the …
Bringing War Criminals To Justice And Justice To Victims: Mass Rape In Bosnia-Herzegovina And The Efficiency Of The Icty, Meredith Loken
Bringing War Criminals To Justice And Justice To Victims: Mass Rape In Bosnia-Herzegovina And The Efficiency Of The Icty, Meredith Loken
Independent Study Project (ISP) Collection
This paper investigates if the International Criminal Tribunal for the Former Yugoslavia has been efficient in achieving its main objective of “bringing war criminals to justice [and] bringing justice to victims.” This study explores the historical context by which the ICTY was created, and therefore examines the disintegration of Yugoslavia, focusing specifically on the Bosnian War. During this conflict, rape was employed as a method of warfare; this paper presents a brief theoretical examination of rape as a war weapon and analyzes rape and sexual violence as explicit methods of ethnic cleansing in Bosnia-Herzegovina. It explores the evolution of gender …
Protecting Indigenous Identity And Culture In The Modern Nation-State: A Case Study Of The Sami In Norway, Claire Lockerby
Protecting Indigenous Identity And Culture In The Modern Nation-State: A Case Study Of The Sami In Norway, Claire Lockerby
Independent Study Project (ISP) Collection
The plight of indigenous peoples around the world is a serious one, and without significant international action, many valuable cultural and linguistic traditions are in grave danger of disappearing altogether. Many of these indigenous groups have experienced detrimental consequences from the history of slavery, colonialism and imperialism, and the emergence of nation-states that stripped them of their autonomy and greatly threatened their way of life. Today, there are some positive examples of international and national efforts to protect indigenous peoples, but unfortunately, most indigenous populations remain dispossessed and underrepresented. Although the international community has established principles of unalienable human rights, …
El Futuro De La Inmigración En España - (“Future Of Immigration In Spain”), Joshua Bruno
El Futuro De La Inmigración En España - (“Future Of Immigration In Spain”), Joshua Bruno
Independent Study Project (ISP) Collection
The following argument is about the highly disputed theme of Immigration. Like all countries around the world, Spain manages a population of foreigners that have turned up in search of a new opportunity. If these migrants are able to enter the European Union, they still face many obstacles, including racism and extreme poverty. Yet, their contributions to a struggling European economy are undeniable. The following paper attempts to highlight these important contributions and demonstrate how in a liberal democratic society, such as Spain’s, a more accepting immigration policy where more sanitary conditions provided to immigrants could work. Furthermore, these arguments …
Immature Citizens And The State, Vivian E. Hamilton
Immature Citizens And The State, Vivian E. Hamilton
Faculty Publications
Citizens are born, but they are also made. How its citizens come to be—whether the educations they receive will expand or constrain their future options, whether the values they assimilate will encourage or dissuade their civic engagement, etc.—fundamentally concerns the state. Through the power it wields over a vast range of policymaking contexts, the state can significantly influence (or designate those who will influence) many of the formative experiences of young citizens. Young citizens’ accumulated experiences in turn can significantly influence the future mature citizens they will become. The state insufficiently considers the cumulative nature of its citizens’ development, however. …
Realism, Punishment & Reform [A Reply To Braman, Kahan, And Hoffman, "Some Realism About Punishment Naturalism”], Paul H. Robinson, Owen D. Jones, Robert O. Kurzban
Realism, Punishment & Reform [A Reply To Braman, Kahan, And Hoffman, "Some Realism About Punishment Naturalism”], Paul H. Robinson, Owen D. Jones, Robert O. Kurzban
All Faculty Scholarship
Professors Donald Braman, Dan Kahan, and David Hoffman, in their article "Some Realism About Punishment Naturalism," to be published in an upcoming issue of the University of Chicago Law Review, critique a series of our articles: Concordance and Conflict in Intuitions of Justice (http://ssrn.com/abstract=932067), The Origins of Shared Intuitions of Justice (http://.ssrn.com/abstract=952726), and Intuitions of Justice: Implications for Criminal Law and Justice Policy (http://.ssrn.com/abstract=976026). Our reply, here, follows their article in that coming issue. As we demonstrate, they have misunderstood our views on, and thus the implications of, widespread agreement about punishing the "core" of wrongdoing. Although much of their …
Do Judges Vary In Their Treatment Of Race?, David S. Abrams, Marianne Bertrand, Sendhil Mullainathan
Do Judges Vary In Their Treatment Of Race?, David S. Abrams, Marianne Bertrand, Sendhil Mullainathan
All Faculty Scholarship
Are minorities treated differently by the legal system? Systematic racial differences in case characteristics, many unobservable, make this a difficult question to answer directly. In this paper, we estimate whether judges differ from each other in how they sentence minorities, avoiding potential bias from unobservable case characteristics by exploiting the random assignment of cases to judges. We measure the between-judge variation in the difference in incarceration rates and sentence lengths between African-American and White defendants. We perform a Monte Carlo simulation in order to explicitly construct the appropriate counterfactual, where race does not influence judicial sentencing. In our data set, …
Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen
Veiled Women In The American Courtroom: Is The Niqab A Barrier To Justice?, Anita L. Allen
All Faculty Scholarship
U.S. courts and policy-makers have recently authorized laws and practices that interfere with the wearing of religious modesty attire that conceals the hair or face in contexts such as courtroom testimony or driver’s license issuance. For example, in response to a court’s dismissal of the case of a woman who refused to remove her niqab in the courtroom, the Michigan Supreme Court decided that judges can exercise “reasonable control” over the appearance of courtroom parties. But what degree of control over religious attire is reasonable? The Constitution will not allow a blanket niqab removal policy based on any of the …
Free Speech And The Myth Of The Internet As An Unintermediated Experience, Christopher S. Yoo
Free Speech And The Myth Of The Internet As An Unintermediated Experience, Christopher S. Yoo
All Faculty Scholarship
In recent years, a growing number of commentators have raised concerns that the decisions made by Internet intermediaries — including last-mile network providers, search engines, social networking sites, and smartphones — are inhibiting free speech and have called for restrictions on their ability to prioritize or exclude content. Such calls ignore the fact that when mass communications are involved, intermediation helps end users to protect themselves from unwanted content and allows them to sift through the avalanche of desired content that grows ever larger every day. Intermediation also helps solve a number of classic economic problems associated with the Internet. …
Data Note: Measuring The Outcomes Of Job Seekers With Intellectual Or Developmental Disabilities In The Vocational Rehabilitation Program, Daria Domin, Alberto Migliore
Data Note: Measuring The Outcomes Of Job Seekers With Intellectual Or Developmental Disabilities In The Vocational Rehabilitation Program, Daria Domin, Alberto Migliore
Data Note Series, Institute for Community Inclusion
Most people with intellectual or developmental disabilities aspire to gainful employment. To assist them with this goal, state Vocational Rehabilitation (VR) agencies offer employment-development services that are based upon Individualized Plans for Employment (IPEs). A commonly used measure of outcomes is the rehabilitation rate, which is defined as the percentage of individuals who achieve employment out of all individuals whose cases were closed after receiving services. This indicator, however, neglects to consider that for various reasons not all individuals progress to receive services. This information is important because not receiving services translates directly into exiting the VR program without an …
Book Review, Margot Canaday, The Straight State: Sexuality And Citizenship In Twentieth-Century America, Michael Boucai
Book Review, Margot Canaday, The Straight State: Sexuality And Citizenship In Twentieth-Century America, Michael Boucai
Book Reviews
No abstract provided.
Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams
Preservation Ethics In The Case Of Nebraska’S Nationally Registered Historic Properties, Darren Michael Adams
Department of Geography: Dissertations, Theses, and Student Research
This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966 – 1975), the Commercial Architecture Era (1976 – 1991), and the Progressive Planning Era (1992 – 2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources …
Immigration, Association, And The Family, Matthew J. Lister
Immigration, Association, And The Family, Matthew J. Lister
All Faculty Scholarship
In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why …
Through The Looking Glass: Finding And Freeing Modern-Day Slaves At The State Level, Michelle L. Rickert
Through The Looking Glass: Finding And Freeing Modern-Day Slaves At The State Level, Michelle L. Rickert
Faculty Publications and Presentations
This article delves into the interaction between federal and state laws prohibiting human trafficking. The article advocates for comprehensive human trafficking laws at the state level, including police training, victim aftercare, forfeiture, and prosecution as essential elements. It looks comprehensively at the existing state laws prohibiting human trafficking. Additionally it examines the five existing models for state law and suggests benefits and potential improvements for each model. The article concludes y advocating a holistic law prohibiting human trafficking in the Commonwealth of Virginia.
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz, Douglas M. Weck
The Modern Irrationalities Of American Criminal Codes: An Empirical Study Of Offense Grading, Paul H. Robinson, Thomas Gaeta, Matthew Majarian, Megan Schultz, Douglas M. Weck
All Faculty Scholarship
The Model Penal Code made great advances in clarity and legality, moving most of the states from a mix of common law and ad hoc statutes to the modern American form of a comprehensive, succinct code that has served as a model around the world. Yet the decades since the wave of Model Code-based codifications have seen a steady degradation of American codes brought on by a relentless and accelerating rate of criminal law amendments that ignore the style, format, and content of the existing codes. The most damaging aspect of this trend is the exponentially increasing number of offense …
Animal-Human Relationships In Child Protective Services: Getting A Baseline, Lisa Anne Zilney, Christina Risley-Curtiss, Rebecca Hornung
Animal-Human Relationships In Child Protective Services: Getting A Baseline, Lisa Anne Zilney, Christina Risley-Curtiss, Rebecca Hornung
Department of Justice Studies Faculty Scholarship and Creative Works
The inclusion of certain aspects of animal-human relationships (AHR), such as animal abuse and animal-assisted interventions, can enhance child welfare practice and there are resources available to promote such inclusion. However, there is little knowledge of whether this is being accomplished. This study sought to fill this gap by conducting a national survey of state public child welfare agencies to examine AHR in child protective services practice, their assessment tools, and cross-reporting policies.
States To The Rescue: Policy Options For State Government To Promote Private Sector Retirement Savings, Christian A. Weller, Amy Helburn
States To The Rescue: Policy Options For State Government To Promote Private Sector Retirement Savings, Christian A. Weller, Amy Helburn
Gerontology Institute Publications
We provide an overview of retirement plan proposals that could be implemented at the state level. All aim to increase participation in retirement savings, mainly by lowering the cost of doing so and possibly by offering some employer or government matches to employee contributions. The proposals vary widely on how much risk employees are exposed to. Some proposals leave most of the risks of saving for retirement – investment, market, and longevity risk – with the employee, while others try to eliminate them all. The tools of risk management range from well-diversified index funds and default investments to required offers …
Diverging Family Structure And “Rational” Behavior: The Decline In Marriage As A Disorder Of Choice, Amy L. Wax
Diverging Family Structure And “Rational” Behavior: The Decline In Marriage As A Disorder Of Choice, Amy L. Wax
All Faculty Scholarship
The past fifty years have witnessed a growing divergence in family structure by social class, income, education, and race. The goal is to explain why significant segments of the population are moving away from the traditional patterns of family and reproduction. Most demographers acknowledge that external and material constraints fail to account for most of the present dispersion by class and race in marriage, divorce, and patterns of childbearing. Nor do these factors explain the widening of disparities over time. In attempting to improve on prior theories, this paper proposes a different explanation for these developments. It argues that demographic …
Correspondence: Dr. Saffy’S Letterhead, May 15, 2010, Jacksonville’S Women Of Influence Project, Edna Louise Saffy
Correspondence: Dr. Saffy’S Letterhead, May 15, 2010, Jacksonville’S Women Of Influence Project, Edna Louise Saffy
Saffy Collection - All Textual Materials
A letter soliciting contributions toward establishing a Women’s History fund, Jacksonville Women of Influence Project.
Insurance In Sociolegal Research, Tom Baker
Insurance In Sociolegal Research, Tom Baker
All Faculty Scholarship
Insurance has a long history in sociolegal research, most prominently as a window on accident compensation and related tort law in action. Recent work has extended that research, with the result that tort law in action may be the best mapped of any legal field outside criminal law. Sociological research has begun to explore insurance as a form of governance, with effects in many legal fields and across the economy. This essay reviews developments in both bodies of work. Part one examines the relationship between liability insurance and tort law in action using the metaphors of window and frame. Part …
Book Review (Paul Frymer's Black And Blue: African Americans, The Labor Movement, And The Decline Of The Democratic Party)., Sophia Z. Lee
Book Review (Paul Frymer's Black And Blue: African Americans, The Labor Movement, And The Decline Of The Democratic Party)., Sophia Z. Lee
All Faculty Scholarship
No abstract provided.
Predicting Police Discretion: A Traffic Stop Analysis, Andrew Girard
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 …
Relationship And Injury Trends In The Homicide Of Women Across The Lifespan: A Research Note, Carol E. Jordan, Adam J. Pritchard, Danielle Duckett, Pamela Wilcox, Tracey Corey, Mandy Combest
Relationship And Injury Trends In The Homicide Of Women Across The Lifespan: A Research Note, Carol E. Jordan, Adam J. Pritchard, Danielle Duckett, Pamela Wilcox, Tracey Corey, Mandy Combest
Office for Policy Studies on Violence Against Women Publications
In 2006, more than 3,600 women in the United States lost their lives to homicide. Descriptive data regarding homicides of women are beginning to reveal important complexities regarding victim–offender relationships, severity of injury, and age of female homicide victim. More specifically, there is some indication that the correlation between victim–offender relationship and injury severity may be conditional, depending on victim age. This retrospective review accessed medical examiner records of female homicide victims from 2002 through 2004, and its findings offer additional illumination on the trends in associations of injury and relationship variables in the homicide of women over their life …
Program: Ucf Book Festival
Textual material from the Rodney Lawrence Hurst, Sr. Papers
University of Central Florida Book Festival on April 17, 2010 at the Morgridge International Reading Center. Author Rodney Hurst is featured on page 27.
Over 3 Million Low-Income Children In Rural Areas Face Cut In Child Tax Credit If Recovery Act Improvement Expires, Arloc Sherman, Marybeth J. Mattingly
Over 3 Million Low-Income Children In Rural Areas Face Cut In Child Tax Credit If Recovery Act Improvement Expires, Arloc Sherman, Marybeth J. Mattingly
The Carsey School of Public Policy at the Scholars' Repository
According to this new research, at the end of 2010, the Child Tax Credit improvements that were included in the 2009 American Recovery and Reinvestment Act will expire if Congress does not extend them. If this happens, low-income working families across America will be affected.
Profiles Of Asian American Subgroups In Massachusetts: Korean Americans In Massachusetts, Nathan James Bae Kupel
Profiles Of Asian American Subgroups In Massachusetts: Korean Americans In Massachusetts, Nathan James Bae Kupel
Institute for Asian American Studies Publications
This report looks at Korean Americans in Massachusetts with a focus on the Metro Boston area. Using the 2000 U.S. Census and the American Community Survey 2005–2007 Three-Year Estimates in combination with interviews and secondary research, this profile looks at Korean American demographics and community perspectives.
The Children's Rights Amendment And Family Law, Fergus Ryan
The Children's Rights Amendment And Family Law, Fergus Ryan
Other resources
This blog entry is part of a carnival blog posted to http://humanrightsinireland.wordpress.com/ It addresses the provisions of the proposed constitutional amendment on children's rights, as formulated by the Joint Oireachtas Committee on the Constitutional Amendment on Children, published in February 2010. This brief comment analyses the proposal, with particular reference to its potential impact on children in non-traditional family units.