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Montclair State University

Department of Justice Studies Faculty Scholarship and Creative Works

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Full-Text Articles in Administrative Law

George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin Mar 2020

George W. Bush, Policy Selling And Agenda-Setting After 9/11, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

George W. Bush successfully set the agenda for an expansive, global war against terrorists after the 9/11 attacks. This agenda was not inevitable, it arose from an interpretation of events and of America’s adversaries that leaned on global conflict, cultural differences, and the presumption of evil intent. Bush’s speech-making successfully led to the conflicts in Iraq and Afghanistan, civil liberty-reducing legislation, and a large institutional edifice dedicated to counterterrorism. The themes Bush’s speeches evoked and the agendas and policies that these speeches set are covered in this chapter.


How Can Presidents Properly Calibrate The Terror Threat?, Gabriel Rubin Mar 2020

How Can Presidents Properly Calibrate The Terror Threat?, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Presidential rhetoric has minimally changed from the narrative set by George W. Bush after the 9/11 attacks. Bush’s policies and agenda have also largely remained. This chapter provides proposals for change given the empirical and theoretical findings made in the book. The counterterrorist policy agenda needs to be narrowed and made more precise. The public needs to educate itself about the terror threat to understand that it is not a significant risk when weighed against others. Presidents need to be more careful with what words they use when describing America’s terrorist adversaries and with who they call terrorists. Recalibrating the …


Barack Obama: From An End To Terror To Drone Wars And Isis, Gabriel Rubin Mar 2020

Barack Obama: From An End To Terror To Drone Wars And Isis, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Barack Obama attempted to recalibrate presidential rhetoric on the terror threat. He made far fewer speeches about terrorism than George W. Bush did. Yet, despite some efforts to the contrary, he continued many of Bush’s policies—and in the case of targeted assassinations using drones (unmanned aerial vehicles), went further than Bush. The analysis of Obama’s rhetoric on terrorism shows a president who both wants to distance himself from his predecessor and one who wants to be seen as tough on terrorism. In the final analysis, Obama’s rhetoric and policies hewed rather closely to George W. Bush’s. This chapter raises questions …


Inflating The Terror Threat Since 2001, Gabriel Rubin Mar 2020

Inflating The Terror Threat Since 2001, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Presidential rhetoric serves a critical interpretive role in defining events, particularly the threat of terrorism. As Richard Neustadt argues, the power of the presidency lies in the leader’s power to persuade. Presidents frame the terror threat by setting the country’s policy agenda. They then try to sell policies to Congress and the public through the pressure they can employ using their rhetoric and their office. This study, based on content analysis speech data ranging from September 2001 to February 2019, delves into why presidents speak the way they do about terrorism looking both at the content and frequency of their …


Donald Trump, Twitter, And Islamophobia: The End Of Dignity In Presidential Rhetoric About Terrorism, Gabriel Rubin Mar 2020

Donald Trump, Twitter, And Islamophobia: The End Of Dignity In Presidential Rhetoric About Terrorism, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Donald Trump’s rhetoric is markedly different than that of just about every other American president. Trump’s speeches on terrorism and his related Islamophobia and anti-immigrant rhetoric are examined in this chapter. Trump’s use of Twitter and view of the presidency as a “permanent campaign” keep his followers in a state of near-permanent mobilization. Trump uses the rhetoric of fear to push his followers against Muslims and immigrants by linking terrorism to both groups. As Jeffrey Tulis opines, Trump is America’s first demagogue. This chapter highlights how Trump’s demagoguery and novel method for communicating with his followers has framed the terror …


Bus Robberies In Belo Horizonte, Brazil: Solutions For Safe Travel, Elenice De Souza De Souza Oliveira, Mangai Natarajan, Bráulio Da Silva Sep 2019

Bus Robberies In Belo Horizonte, Brazil: Solutions For Safe Travel, Elenice De Souza De Souza Oliveira, Mangai Natarajan, Bráulio Da Silva

Department of Justice Studies Faculty Scholarship and Creative Works

This study examines the spatial patterns and other situational determinants leading to the high number of bus robberies in Belo Horizonte. Main research questions include patterns of robberies, spatial concentration, locations prone to robberies, and environmental characteristics therein. This study also provides a variety of safety measures based on the Situational Crime Prevention approach. The Rapid Assessment Methodology (RAM) was employed using both quantitative and qualitative data. It involves spatial analysis, direct observation of hot spots using a safety audit protocol, and focus group discussions with key participants. Bus robberies involve minimum risk and low detection and arrest. The “hottest …


Homicide In The Brazilian Favela: Does Opportunity Make The Killer?, Elenice De Souza De Souza Oliveira, Joel Miller Jul 2012

Homicide In The Brazilian Favela: Does Opportunity Make The Killer?, Elenice De Souza De Souza Oliveira, Joel Miller

Department of Justice Studies Faculty Scholarship and Creative Works

High rates of homicide in Brazil are heavily concentrated in poor urban shanty towns or ‘favelas’. This paper looks beyond conventional social and economic explanations of homicides, and examines the relationship between situational factors and homicide incidents within a case-study favela in the city of Belo Horizonte. Initial exploratory research identified potential mechanisms linking local situational characteristics with homicide. A matched case–control study then tested hypotheses based on these mechanisms. When the characteristics of 100 addresses of homicide incidents were compared with those of 100 nearby non-homicide addresses, they showed statistical associations with drug areas, bars, alleys, windows onto the …


Where Concerned Citizens Perceive Police As More Responsive To Troublesome Teen Groups: Theoretical Implications For Political Economy, Incivilities And Policing, Christopher Salvatore, Ralph B. Taylor, Christopher Kelly Aug 2009

Where Concerned Citizens Perceive Police As More Responsive To Troublesome Teen Groups: Theoretical Implications For Political Economy, Incivilities And Policing, Christopher Salvatore, Ralph B. Taylor, Christopher Kelly

Department of Justice Studies Faculty Scholarship and Creative Works

The current investigation extends previous work on citizens' perceptions of police performance. It examines the origins of between-community differences in concerned citizens' judgments that police are responding sufficiently to a local social problem. The problem is local unsupervised teen groups, a key indicator for both the revised systemic social disorganization perspective and the incivilities thesis. Four theoretical perspectives predict ecological determinants of these shared judgments. Less perceived police responsiveness is anticipated in lower socioeconomic status (SES) police districts by both a political economy and a stratified incivilities perspective; more predominantly minority police districts by a racialized justice perspective; and in …


Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry Jun 2009

Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Hate on the Internet presents a unique problem in the United States. The First Amendment to the Constitution protects speech, even that which is hateful and offensive. Although the First Amendment is not without limitation and, indeed, although there have been a small number of successful prosecutions of individuals who disseminated hate speech over the Internet, web-based hate continues to receive broad First Amendment protections. Some non-governmental organizations in the United States, such as the Anti-Defamation League (ADL) and the Southern Poverty Law Center, have adopted innovative approaches to hate on the Internet. For instance, the ADL tracks and monitors …


Recently Arrested Adolescents Are At High Risk For Sexually Transmitted Diseases, Christopher Salvatore, Steven Belenko, Richard Dembo, Doris Weiland, Matthew Rollie, Alexandra Hanlon, Kristina Childs Aug 2008

Recently Arrested Adolescents Are At High Risk For Sexually Transmitted Diseases, Christopher Salvatore, Steven Belenko, Richard Dembo, Doris Weiland, Matthew Rollie, Alexandra Hanlon, Kristina Childs

Department of Justice Studies Faculty Scholarship and Creative Works

Adolescent offenders may be at high risk for sexually transmitted diseases (STDs). With previous research and interventions focused on incarcerated adolescents, data are needed on STD prevalence and risk factors among newly arrested youth released to the community, a far larger subgroup.Participants were recruited from all arrested youth processed at the Hillsborough County, Florida Juvenile Assessment Center during the last half of 2006 (506 males, 442 females). Participants voluntarily providing urine samples for drug testing as part of standard protocol were also consented to having their specimens split and tested for chlamydia and gonorrhea, using an FDA-approved nucleic acid amplification …


Who Has The Body? The Paths To Habeas Corpus Reform, Cary H. Federman Sep 2004

Who Has The Body? The Paths To Habeas Corpus Reform, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The purpose of this article is to place the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 within a political and historical framework that describes the effort by the Supreme Court and various interested parties to restrict prisoners’ access to the federal courts by way of habeas corpus. Of principal concern here is how an act of terrorism against the United States provides an opportunity for Congress to restrict death row prisoners from obtaining habeas corpus review. Along with an analysis of Supreme Court decisions, three attempts to limit federal habeas corpus review for state prisoners from the late …


Caring To Death: Health Care Professionals And Capital Punishment, Cary H. Federman, Dave Holmes Oct 2000

Caring To Death: Health Care Professionals And Capital Punishment, Cary H. Federman, Dave Holmes

Department of Justice Studies Faculty Scholarship and Creative Works

The aim of this article is to describe the role of health care professionals in the capital punishment process. The relationship between the protocol of capital punishment in the United States and the use of health care professionals to carry out that task has been overlooked in the literature on punishment. Yet for some time, the operation of the medical sciences in prison have been `part of a disciplinary strategy' `intrinsic to the development of power relationships'. Many capital punishment statutes require medical personnel to be present at, if not actively involved in, executions. Through analyses of these statutes, show …