Open Access. Powered by Scholars. Published by Universities.®

Law and Politics Commons™

Open Access. Powered by Scholars. Published by Universities.®

Law and Society

Selected Works

2017

Articles 1 - 13 of 13

Full-Text Articles in Law and Politics

Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli Oct 2017

Whole Other Story: Applying Narrative Mediation To The Immigration Beat, Carol Pauli

Carol Pauli

If Donald Trump, kicking off his campaign for the White House, was saying “what everyone is thinking,” about illegal immigration, it must be that his message mirrored a narrative that already existed in the minds of his audience. That fearful story of criminals invading the U.S. borders has long been a dominant theme in the mainstream news immigration story. Like all news stories, this one focuses attention on some facts at the expense of others. Like many news stories, it draws its power from earlier, well-known tales — some as old as the Flood. This article recommends that the news …

Go to article

Second Class For The Second Time: How The Commercial Speech Doctrine Stigmatizes Commercial Use Of Aggregated Public Records, Brian N. Larson, Genelle I. Belmas Oct 2017

Second Class For The Second Time: How The Commercial Speech Doctrine Stigmatizes Commercial Use Of Aggregated Public Records, Brian N. Larson, Genelle I. Belmas

Brian Larson

This Article argues that access to aggregated electronic public records for commercial use should receive protection under the First Amendment in the same measure as the speech acts the access supports. In other words, we view commercial access to aggregated public records as an essential means to valuable speech. For many, however, the taint of the commercial speech doctrine is turning all “information flows” into commercial ones. This, in turn, is threatening the access to government records.

Go to article

Guns On Campus: A Look At The First Year Of Concealed Carry At Texas Universities, Aric K. Short Oct 2017

Guns On Campus: A Look At The First Year Of Concealed Carry At Texas Universities, Aric K. Short

Aric Short

After years of failed attempts, the Texas Legislature passed "campus carry" in 2015. Under the new law, effective in 2016 for four-year institutions, public universities must allow the concealed carry of handguns by license holders on their premises. Texas's campus carry law is unique when compared to other states that allow concealed carry on college campuses: each university is given the flexibility to create weapons implementation plans, including the establishment of limited gun-free zones. The first year of campus carry implementation by Texas universities has been relatively quiet, with generally uniform implementation rules established by colleges across the state. However, …

Go to article

The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman May 2017

The President’S Pen And The Bureaucrat’S Fiefdom, John C. Eastman

John C. Eastman

Perhaps spurred by aggressive use of executive orders and “lawmaking” by administrative agencies by the last couple of presidential administrations, several Justices on the Supreme Court have recently expressed concern that the Court’s deference doctrines have undermined core separation of powers constitutional principles.  This article explores those Justice’s invitation to revisit those deference doctrines and some of the executive actions that have prompted the concern.

Go to article

Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr. Apr 2017

Professor Breaks Ground With Journal On Sexual Violence And Exploitation, Joseph Essig, Donna M. Hughes Dr.

Donna M. Hughes

In December 2016, Professor of Gender and Women’s Studies Donna M. Hughes published the inaugural issue of the journal Dignity: A Journal on Sexual Exploitation and Violence as editor-in-chief. Just a few months ago, in January, Dignity released its second issue. Professor Hughes has been working on issues related to sexual violence and exploitation, such as human trafficking since the 1980s. She saw an opening in the field for a journal about the particular work that she has been doing for so long. “There is no other scholarly journal that addresses sexual exploitation and violence and has an editorial position …

Go to article

New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr. Apr 2017

New Uri Journal Explores Sexual Exploitation, G. Wayne Miller, Donna M. Hughes Dr.

Donna M. Hughes

With large global reach already, the journal Dignity is first of its kind in the world. A new journal devoted to the broad examination of sexual exploitation, violence and slavery has been launched by a prominent University of Rhode Island professor and researcher Donna M. Hughes. Since its debut last year, the first-of-its-kind online journal Dignity has been a global success, with people from more than 100 countries downloading articles, according to URI. 

Go to article

Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr. Apr 2017

Uri Professor Launches Online Journal About Sexual Exploitation, Violence, Slavery, Donna M. Hughes Dr.

Donna M. Hughes

Sexual exploitation and violence are rampant throughout the world, and academics are rightly pushing the issue into the public eye through their research and articles. University of Rhode Island professor Donna M. Hughes is at the forefront of the movement with the launch of an online academic journal, “Dignity,” dedicated to publishing papers about sexual exploitation, violence and slavery. The journal is the first academic journal in the world to address global sexual exploitation and well on its way to success.

Go to article

Legal Attitudes Of Immigrant Detainees, Emily Ryo Feb 2017

Legal Attitudes Of Immigrant Detainees, Emily Ryo

Emily Ryo

A substantial body of research shows that people’s legal attitudes can have wide-ranging behavioral consequences.  In this paper, I use original survey data to examine long-term immigrant detainees’ legal attitudes.  I find that the majority of detainees express a felt obligation to obey the law, and do so at a significantly higher rate than other U.S. sample populations.  I also find that the detainees’ perceived obligation to obey U.S. immigration authorities is significantly related to their evaluations of procedural justice, as measured by their assessments of fair treatment while in detention.  This finding remains robust controlling for a variety of …

Go to article

New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr. Feb 2017

New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.

Donna M. Hughes

I am a juvenile sex trafficking survivor. I was sold here in New Hampshire and other states as well. This is happening now too. Even with a law against prostitution, the more egregious elements are prevalent. Trafficking is not separate from prostitution, it is just the darker side of the very same coin. 

Go to article

Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr. Feb 2017

Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.

Donna M. Hughes

There is an organized effort in New Hampshire to fully decriminalize prostitution. What that means is that all laws controlling the buying and selling of sex will be removed from the law books, making prostitution legal. Law enforcement and public officials will then have no control over if, when, and where prostitution occurs, whether it’s in massage parlors (often called spas), hotels, apartments, residences, or strip clubs. Because commercial sex will be legal, pimps and “sex workers” will be able to freely advertise prostitution services. Pimps will be able to openly recruit women and girls into prostitution, without fear of …

Go to article

Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq Feb 2017

Bibliography Of Sources On Prostitution Decriminalization In Rhode Island, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

A bibliography of sources on the research we did on prostitution and sex trafficking and the advocacy work we did to end decriminalized prostitution. For 29 years prostitution was decriminalized in Rhode Island (if it occurred indoors). Sexual exploitation and violence against women and girls were integrated into economic development. The number of sex businesses grew rapidly and organized crime groups operated brothels and extorted money from adult entertainment businesses. Rhode Island became a destination for pimps, sex traffickers, and other violent criminals. The lack of laws impeded police from investigating serious crimes, including sex trafficking

Go to article

Decriminalized Prostitution: Impunity For Violence And Exploitation, Melanie Shapiro Esq, Donna M. Hughes Dr. Dec 2016

Decriminalized Prostitution: Impunity For Violence And Exploitation, Melanie Shapiro Esq, Donna M. Hughes Dr.

Donna M. Hughes

This paper is a case study of decriminalized prostitution. For 29 years (1980 to 2009) prostitution was decriminalized in Rhode Island. Lack of laws or regulations created a permissive legal, economic and cultural environment for the growth of sex businesses. During this time, sexual exploitation and violence against women and girls were integrated into the economic development of urban areas. The number of sex businesses grew rapidly during this time period. Organized crime groups operated brothels and extorted money from adult entertainment businesses. Rhode Island became a destination for pimps, traffickers, and other violent criminals. The lack of laws impeded …

Go to article

Executive Action And Nonaction, Tom Campbell Dec 2016

Executive Action And Nonaction, Tom Campbell

Tom Campbell

Action by the executive can be challenged by a party with standing, and there is usually no shortage of such parties. The executive’s failure to act, however, is much more difficult to submit to judicial scrutiny. I propose that standards for reviewing such nonaction are available under precedent of the Administrative Procedure Act, and under severability analysis. That is, a reviewing court can determine whether the executive’s failure to enforce part of a law leaves the rest of the law to operate meaningfully as Congress intended (akin to severability analysis), and APA precedent can guide courts to determine whether nonaction …

Go to article