Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (37)
- University of Massachusetts Boston (21)
- University of Pennsylvania Carey Law School (18)
- Embry-Riddle Aeronautical University (17)
- University of Nebraska - Lincoln (14)
-
- University of Kentucky (11)
- Duke Law (9)
- University of Pittsburgh School of Law (9)
- University at Buffalo School of Law (6)
- City University of New York (CUNY) (5)
- SelectedWorks (5)
- University at Albany, State University of New York (5)
- University of Nevada, Las Vegas (5)
- University of Southern Maine (5)
- Brigham Young University Law School (4)
- Chapman University (4)
- Montclair State University (4)
- SIT Graduate Institute/SIT Study Abroad (4)
- Georgetown University Law Center (3)
- Gettysburg College (3)
- Walden University (3)
- Columbia Law School (2)
- Minnesota State University, Mankato (2)
- Nova Southeastern University (2)
- Old Dominion University (2)
- Portland State University (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Massachusetts Amherst (2)
- University of New Hampshire (2)
- University of Texas at El Paso (2)
- Keyword
-
- Racism (8)
- Gender (7)
- Race (7)
- Civil Rights (6)
- Democracy (6)
-
- Diversity (6)
- Immigration (6)
- CRTP (5)
- Civil Rights Team Project (5)
- Human trafficking (5)
- Law (5)
- Maine (5)
- Massachusetts (5)
- Police (5)
- Punishment (5)
- Retirement (5)
- Civil rights (4)
- Education (4)
- Equality (4)
- Migration (4)
- Minorities (4)
- Rhode Island (4)
- Sentencing (4)
- Women (4)
- African Americans (3)
- Asylum (3)
- Boston (3)
- Civil rights litigation (3)
- Civil society (3)
- Class (3)
- Publication
-
- All Faculty Scholarship (19)
- Annual ADFSL Conference on Digital Forensics, Security and Law (17)
- Faculty Scholarship (12)
- Sixth Annual Interdisciplinary Conference on Human Trafficking 2014 (11)
- Office of Community Partnerships Posters (10)
-
- Articles (7)
- NSF-NIJ IPV Prevention Workshop (7)
- Trotter Review (6)
- Torch: The Civil Rights Team Project Newsletter (5)
- Donna M. Hughes (4)
- Journal Articles (4)
- Psychology Faculty Scholarship (4)
- Department of Justice Studies Faculty Scholarship and Creative Works (3)
- Dissertations, Theses, and Capstone Projects (3)
- Georgetown Law Faculty Publications and Other Works (3)
- UNLV Theses, Dissertations, Professional Papers, and Capstones (3)
- e-Research: A Journal of Undergraduate Work (3)
- 2010-2016 Archived Posters (2)
- BYU Law Review (2)
- Book Chapters (2)
- Brigham Young University Education and Law Journal (2)
- Capstone Collection (2)
- Criminal Justice Faculty Publications (2)
- Dissertations and Theses (2)
- Doctoral Dissertations (2)
- E. Lea Johnston (2)
- Independent Study Project (ISP) Collection (2)
- Journal of Business & Technology Law (2)
- Law Faculty Scholarship (2)
- Open Access Theses & Dissertations (2)
- Publication Type
- File Type
Articles 1 - 30 of 248
Full-Text Articles in Law
The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton
The Future Will Require Learning How To Exist In A Multicultural Society, Vanessa Lopez-Littleton
UCF Forum
Why should I have to tell my sons to respect the police?
Barack Obama, Implicit Bias, And The 2008 Election, Jeffrey J. Rachlinski, Gregory S. Parks
Barack Obama, Implicit Bias, And The 2008 Election, Jeffrey J. Rachlinski, Gregory S. Parks
Jeffrey J Rachlinski
The election of Barack Obama as the forty-fourth president of the United States suggests that the United States has made great strides with regard to race. The blogs and the pundits may laud Obama’s win as evidence that we now live in a “post-racial America.” But is it accurate to suggest that race no longer significantly influences how Americans evaluate each other? Does Obama’s victory suggest that affirmative action and antidiscrimination protections are no longer necessary? We think not. Ironically, rather than marking the dawn of a post-racial America, Obama’s candidacy reveals how deeply race affects judgment.
Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds
Reliability Matters: Reassociating Bagley Materiality, Strickland Prejudice, And Cumulative Harmless Error, John H. Blume, Christopher Seeds
John H. Blume
No abstract provided.
Racial Justice Study: An Examination Of Ticket Citations In The City Of Mankato, Minnesota, Meagan Hammers, C. J. Hays, Hannah Laniado
Racial Justice Study: An Examination Of Ticket Citations In The City Of Mankato, Minnesota, Meagan Hammers, C. J. Hays, Hannah Laniado
Public Sociology Publications and Projects
This study examines if there is racial disparity in policing in the city of Mankato, Minnesota by examining all traffic ticket citations given for a six-month period in 2014. The authors created a data set and examined statistical relationships between the observed race of those receiving tickets and the types of tickets received. This study discovered statistically significant findings of over policing of minorities; while minorities represent roughly ten percent the population in Mankato, they make up approximately 22% of the population cited. Further, minorities were about three times more likely than whites to receive a ticket for administrative offenses, …
Race And Punishment: Demographic Disparities And Patterns In The Blue Earth County Court System, Aaron Guerdet, Alyssa Haugly, Kelsey Mischke
Race And Punishment: Demographic Disparities And Patterns In The Blue Earth County Court System, Aaron Guerdet, Alyssa Haugly, Kelsey Mischke
Public Sociology Publications and Projects
This study examines potential race and gender disparities in sentencing decisions in Blue Earth County, MN courts. Using qualitative field observations and a grounded theory approach, authors observed and analyzed court proceedings. In total, three researchers conducted seven weeks of observations; the final sample consisted of 95 observed court sessions, 50 of them being closed court cases. Results show little discrepancy in gender and charges and sentencing rates. Though there are racial discrepancies in charges that suggest discriminatory policing decisions, the data shows that minority members are being sentenced at a similar rate compared to white defendants. In all cases …
The Highly Political Supreme Court, Riley Lane Munks
The Highly Political Supreme Court, Riley Lane Munks
Student Scholar Symposium Abstracts and Posters
This paper investigates whether Republicans or Democrats support a strong Supreme Court and why. Furthermore, by analyzing data from the 2012 American National Election Survey, I will study support of the court based on gender, age, and race. Since the early 1980’s the court has taken a strong conservative direction, to the dismay of many liberals. Republicans feel comfortable sending a congressional dispute to the courts while Democrats may feel disenfranchised with the judicial process. I also believe that younger people believe the court is an outdated method of making laws and interpreting the constitution. Originally the Supreme Court was …
Vawa @ 20: Building The Knowledge Base: Research Funding Through Vawa, Claire M. Renzetti, Rebecca M. Campbell, Allison Adair
Vawa @ 20: Building The Knowledge Base: Research Funding Through Vawa, Claire M. Renzetti, Rebecca M. Campbell, Allison Adair
Sociology Faculty Publications
No abstract provided.
Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs
Loyalty's Reward — A Felony Conviction: Recent Prosecutions Of High-Status Female Offenders, Michelle S. Jacobs
Michelle S Jacobs
Between 2001 and 2004, six high-status women were charged with crimes in connection with corporate criminal cases. The public is familiar with some of them, although not all of their cases have been covered equally in the press. With the exception of an occasional article now and then mentioning the exploding rates of female incarceration, women's crime tends to be invisible to the public eye. The statistical data the government collects and analyzes on women and crime will be discussed. This article will focus on the prosecution of the individual cases of Lea Fastow, Betty Vinson, and Martha Stewart. Their …
The R-Word: A Tribute To Derrick Bell, Kenneth B. Nunn
The R-Word: A Tribute To Derrick Bell, Kenneth B. Nunn
Kenneth B. Nunn
Racism has become the “R-word,” an allegation that is so outrageous that it cannot even be spoken in public, let alone seriously addressed. In this brief exploration, I propose that it is exactly because racism continues to loom large in American society that talking about it has become taboo. In other words, banning the “R-word” serves a political function. It masks the failure of American society to confront the existence of racism and do something about its effects. Derrick Bell's path breaking work can be used to show why the focus of race discourse has moved from debating over what …
The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol
The Gender Bend: Culture, Sex, And Sexuality – A Latcritical Human Rights Map Of Latina/O Border Crossings, Berta E. Hernández-Truyol
Berta E. Hernández-Truyol
In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining, confining, and coercive. Critical theorists have made substantial inroads in recognizing the intersectionality, multidimensionality, multiplicity, and interconnectivities of the intersections of race and sex. These paradigms are central to an analysis of the Latina/o condition within the Estados Unidos (United States). However, much work remains to be done in other areas - such as culture, language, sexuality, and class - that are key to Latinas'/os' self-determination and full citizenship. Cognizant of, and notwithstanding such limitations, this …
Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson
Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson
Criminal Justice Faculty Publications
Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …
Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson
Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson
Philip M Stinson
Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …
What Men?: The Essentialist Error Of The End Of Men, Nancy E. Dowd
What Men?: The Essentialist Error Of The End Of Men, Nancy E. Dowd
Nancy Dowd
Many aspects of The End of Men are debatable. Among them is the critical issue of essentialism: do Rosin's claims about women withstand scrutiny when we ask, “Is this representative of all women?” While women as a group may have progressed in some domains, they have remained the same or worse in others, and some women have not progressed at all. An even more significant shortcoming of The End of Men, however, is its essentialism about men. Rosin assumes a beginning, namely, men's prior place of power and privilege in the domains she addresses. To assume that is true of …
Interest Groups In The Teaching Of Legal History, Herbert J. Hovenkamp
Interest Groups In The Teaching Of Legal History, Herbert J. Hovenkamp
All Faculty Scholarship
One reason legal history is more interesting than it was several decades ago is the increased role of interest groups in our accounts of legal change. Diverse movements including law and society, critical legal theory, comparative law, and public choice theory have promoted this development, even among writers who are not predominantly historians. Nonetheless, in my own survey course in American legal history I often push back. Taken too far, interest group theorizing becomes an easy shortcut for assessing legal movements and developments without fully understanding the ideas behind them.
Intellectual history in the United States went into decline because …
ظهور پيدايش قدرت هاى نهادی در دولت ایران وتأثير آن در مذاكرات با ايالات متحده, Ahmed Souaiaia
ظهور پيدايش قدرت هاى نهادی در دولت ایران وتأثير آن در مذاكرات با ايالات متحده, Ahmed Souaiaia
Ahmed E SOUAIAIA
An Innovative Approach To Improving Father-Child Relationships For Fathers Who Are Noncompliant With Child Support Payments: A Mixed Methods Evaluation, John R. Gallagher, Joan R. Rycraft, Tommy Jordan
An Innovative Approach To Improving Father-Child Relationships For Fathers Who Are Noncompliant With Child Support Payments: A Mixed Methods Evaluation, John R. Gallagher, Joan R. Rycraft, Tommy Jordan
Journal of Adolescent and Family Health
Mixed methods were used to evaluate the effectiveness of the Fathers Offering Children Unfailing Support (FOCUS) program. FOCUS is a diversion program which is designed to offer an alternative to incarceration for fathers who are noncompliant with child support payments. Quantitative data were collected through a pretest/posttest design (n = 55) and qualitative data were collected through telephone interviews with FOCUS instructors (n = 2) and community key stakeholders (n = 5) and focus groups with FOCUS participants (n = 76). FOCUS appears to be benefiting children by increasing their fathers’ emotional support, strengthening co-parenting relationships, and promoting their fathers’ …
Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum
Psychological Mechanisms Underlying Support For Juvenile Sex Offender Registry Laws: Prototypes, Moral Outrage, And Perceived Threat, Margaret C. Stevenson, Cynthia J. Najdowski, Jessica M. Salerno, Tisha R.A. Wiley, Bette L. Bottoms, Katlyn S. Farum
Psychology Faculty Scholarship
We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …
Christian Persecution In Pakistan: An Examination Of Life In The Midst Of Violence, Rebecca Seiler
Christian Persecution In Pakistan: An Examination Of Life In The Midst Of Violence, Rebecca Seiler
Senior Honors Theses
As a nation founded on religious freedom, it is the duty of the United States to recognize those who stand up for these beliefs across the world in solidarity. International persecution of Christians has dramatically increased due to the spread of radical Islam throughout the world, particularly in South Asia. By means of active, violent persecution as well as more passive forms of aggression, daily life for Pakistani Christians is both challenging and dangerous. While there is no easy solution to this issue, it is essential to continue advocating for those facing persecution and punish the oppressors. The American church …
Antigone Claimed, "I Am A Stranger": Democracy, Membership And Unauthorized Immigration, Andres Fabian Henao Castro
Antigone Claimed, "I Am A Stranger": Democracy, Membership And Unauthorized Immigration, Andres Fabian Henao Castro
Doctoral Dissertations
My dissertation offers a new framework through which to theorize contemporary democratic practices by attending to the political agency of unauthorized immigrants. I argue that unauthorized immigrants themselves, by claiming their own ambiguous legal condition as a legitimate basis for public speech, are able to open up the boundaries of political membership and to render the foundations of democracy contingent, that is to say, they are able to reopen the question about who counts as a member of the demos. I develop this argument by way of a close reading of Sophocles’ tragedy Antigone[1], which allows me to …
Understanding The Differences Between Defined Benefit Pension And Defined Contribution, Emily G. Brown Jd, Jeanne Medeiros Jd
Understanding The Differences Between Defined Benefit Pension And Defined Contribution, Emily G. Brown Jd, Jeanne Medeiros Jd
Pension Action Center Publications
In recent years, more and more employers are offering employees defined contribution plans instead of defined benefit plans. Although, there has been a shift away from the defined benefit pension plan, it is important for employees to understand the difference and value of both pension plans.
Each type of pension plan has both advantages and disadvantages. What may appear as an advantage to one person might seem to be a disadvantage to another person. For example, a person who spends all or most of her career with a single employer will have very different concerns from someone who changes jobs …
Understanding The Specialized Language Of Retirement Plans, Emily G. Brown Jd, Jeanne Medeiros Jd
Understanding The Specialized Language Of Retirement Plans, Emily G. Brown Jd, Jeanne Medeiros Jd
Pension Action Center Publications
Whether you are a participant in a defined benefit plan or a defined contribution plan, the realm of pension benefits can be tricky and confusing to navigate. Some of the terminology used might be unfamiliar to the average person. This glossary of common terms associated with retirement plans is meant to serve as a helpful resource for plan participants.
Torch (November 2014), Brandon Baldwin, Civil Rights Team Project
Torch (November 2014), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli
A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli
Department of Justice Studies Faculty Scholarship and Creative Works
While there is a large body of research on the legal capacities of adolescents, this research largely has neglected the plea-deal context. To learn about adolescents’ understanding of the plea process and their appreciation of the short- and long-term consequences of accepting a plea deal, we conducted interviews with 40 juveniles who were offered plea deals in adult criminal court. Participants displayed a limited understanding of the plea process were not fully aware of their legal options and appeared to be overly influenced by the short-term benefits associated with accepting their plea deals. Limited contact with attorneys may have contributed …
Who Says My Halloween Costume Is Offensive?, Marysheila Mcdonald
Who Says My Halloween Costume Is Offensive?, Marysheila Mcdonald
Explorer Café
No abstract provided.
Humane Punishment For Seriously Disordered Offenders: Sentencing Departures And Judicial Control Over Conditions Of Confinement, E. Lea Johnston
Humane Punishment For Seriously Disordered Offenders: Sentencing Departures And Judicial Control Over Conditions Of Confinement, E. Lea Johnston
E. Lea Johnston
At sentencing, a judge may foresee that an individual with a major mental disorder will experience serious psychological or physical harm in prison. In light of this reality and offenders’ other potential vulnerabilities, a number of jurisdictions currently allow judges to treat undue offender hardship as a mitigating factor at sentencing. In these jurisdictions, vulnerability to harm may militate toward an order of probation or a reduced term of confinement. Since these measures do not affect offenders’ day-to-day experience in confinement, these expressions of mitigation fail to protect adequately those vulnerable offenders who must serve time in prison. This Article …
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston
Vulnerability And Just Desert: A Theory Of Sentencing And Mental Illness, E. Lea Johnston
E. Lea Johnston
This Article analyzes risks of serious harms posed to prisoners with major mental disorders and investigates their import for sentencing under a just deserts analysis. Drawing upon social science research, the Article first establishes that offenders with serious mental illnesses are more likely than non-ill offenders to suffer physical and sexual assaults, endure housing in solitary confinement, and experience psychological deterioration during their carceral terms. The Article then explores the significance of this differential impact for sentencing within a retributive framework. It first suggests a particular expressive understanding of punishment, capacious enough to encompass foreseeable, substantial risks of serious harm …
The Persistence Of Slavery In Rhode Island: Human Trafficking In The Ocean State (Abtract, Peer-Reviewed), Donna M. Hughes Dr., Rachel Dunham, Lucy Tillman, Faith Skodmin, Jessica Wainfor
The Persistence Of Slavery In Rhode Island: Human Trafficking In The Ocean State (Abtract, Peer-Reviewed), Donna M. Hughes Dr., Rachel Dunham, Lucy Tillman, Faith Skodmin, Jessica Wainfor
Donna M. Hughes
This panel will discuss the persistence of slavery in the form of human trafficking in Rhode Island. To address modern-day slavery-like practices, the U.S. passed the Trafficking Victims Protection Act in 2000 and Rhode Island passed the Trafficking of Persons and Involuntary Servitude Act in 2009. Both state and federal anti-human trafficking laws identify two types of human trafficking: forced labor and sex trafficking.
This panel will present the findings of original research done by the five authors during the Spring 2014 on human trafficking cases in Rhode Island from 2009-2013. Sources for analysis of these cases include: police reports, …
Presentation, The Persistence Of Slavery In Rhode Island: Human Trafficking In The Ocean State, Donna M. Hughes Dr., Rachel Dunham, Lucy Tillman
Presentation, The Persistence Of Slavery In Rhode Island: Human Trafficking In The Ocean State, Donna M. Hughes Dr., Rachel Dunham, Lucy Tillman
Donna M. Hughes
No abstract provided.
Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman
Confessions And Culture: The Interaction Of Miranda And Diversity, Floralynn Einesman
Floralynn Einesman
No abstract provided.
Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor
Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor
Proceedings of the New York State Communication Association
This paper uses the dichotomy between Herbert Packer’s (1968) two models of criminal justice advocacy – “crime control” and “due process” – as a rhetorical paradigm for understanding policy debate about the exclusion of relevant evidence at trial. Understanding the opposition between crime control and due process advocates as a rhetorical controversy, in which commonly-used ideographs camouflage dramatically different constructions of the concepts at stake, helps to illuminate the way each side mobilizes public support for their narrative of doing . While both the exclusionary rule (which prohibits the use of illegally-obtained evidence in criminal cases) and the “fruit of …