Law and Society Commons^™

How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson

All Faculty Scholarship

This op-ed piece argues that because the criminal justice system's loss of moral credibility contributes to increased criminality and because blacks are disproportionately the victims of crimes, especially violent crimes, the most valuable contribution that the Black Lives Matter movement can make is not to tear down the system’s reputation but rather to propose and support reforms that will build it up, thereby improving its crime-control effectiveness and reducing black victimization.

Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews

Angela Crews

This report summarizes the findings of a study conducted using data collected by the Louisville Division of Police between January 15, 2001 and December 31, 2001. These data resulted from 48,586 interactions between law enforcement officers and citizens during traffic-related contacts. Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, license number, and vehicle registration. The only information collected about the officer was officer badge number. Finally, data collected about the stop event include the date, time of day, reason for stop, activities during the stop, number of passengers, and …

Traffic Stop Practices Of The Louisville Police Department: January 15 - December 31, 2001, Terry D. Edwards, Elizabeth L. Grossi, Gennaro F. Vito, Angela D. Crews

Angela Crews

This report summarizes the findings of a study conducted using data collected by the Louisville Division of Police between January 15, 2001 and December 31, 2001. These data resulted from 48,586 interactions between law enforcement officers and citizens during traffic-related contacts. Information was collected about the driver, the officer, and the stop event. Driver demographics included race, sex, age, residency, license number, and vehicle registration. The only information collected about the officer was officer badge number. Finally, data collected about the stop event include the date, time of day, reason for stop, activities during the stop, number of passengers, and …

How The Justice System Fails Us After Police Shootings, Caren Morrison

Caren Myers Morrison

No abstract provided.

How Much Diversity Can The Us Constitution Stand?, Tanya Washington

Tanya Monique Washington

No abstract provided.

Why It's Time For Pervasive Surveillance...Of The Police, Russell Dean Covey

Russell D. Covey

No abstract provided.

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

John Travis Marshall

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …

The Interstate Commerce Of Abortion: A Constitutional Argument For The Federal Invalidation Of Restrictive State Abortion Laws, Kaiya Amelia Lyons

Kaiya Amelia Lyons

No abstract provided.

We Don’T Always Mean What We Say: Attitudes Toward Statutory Exclusion Of Juvenile Offenders From Juvenile Court Jurisdiction, Tina Zotolli, Tarika Daftary Kapur, Patricia A. Zapf

Department of Justice Studies Faculty Scholarship and Creative Works

In the United States, juvenile offenders are often excluded from the jurisdiction of the juvenile court on the basis of age and crime type alone. Data from national surveys and data from psycholegal research on support for adult sanction of juvenile offenders are often at odds. The ways in which questions are asked and the level of detail provided to respondents and research participants may influence expressed opinions. Respondents may also be more likely to agree with harsh sanctions when they have fewer offender- and case-specific details to consider. Here, we test the hypothesis that attitudes supporting statutory exclusion laws …

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

Robert D Bullard

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University 1 page.

Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres

Jonathan Todres

No abstract provided.

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

Faculty Publications By Year

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …

Human Trafficking And Film: How Popular Portrayals Influence Law And Public Perception, Jonathan Todres

Faculty Publications By Year

No abstract provided.

The Respectable Dignity Of Obergefell V. Hodges, Yuvraj Joshi

Yuvraj Joshi

In declaring state laws that restrict same-sex marriage unconstitutional, Justice Kennedy invoked “dignity” nine times—to no one’s surprise. References in Obergefell to “dignity” are in important respects the culmination of Justice Kennedy’s elevation of the concept, dating back to the Supreme Court’s 1992 decision in Planned Parenthood v. Casey. In Casey, “dignity” expressed respect for a woman’s freedom to make choices about her pregnancy. Casey laid the foundation for Lawrence v. Texas, which similarly respected the freedom of choice of homosexual persons. Yet, starting in United States v. Windsor and continuing in Obergefell, the narrative began to change. Dignity veered …

The Liberal As An Enemy Of Queer Justice, Craig Schamel

Catalyst: A Social Justice Forum

Abstract

Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups …

The New Battleground For Same-Sex Couples Is Equal Rights For Their Kids, Tanya Washington

Tanya Monique Washington

No abstract provided.

The Meaning Of Hobby Lobby: Bedrooms, Boardrooms & Burdens, Anne Tucker

Anne Tucker

No abstract provided.

Killing Them Softly: Forcible Transfers Of Indigenous Children, Ruth Amir

Genocide Studies and Prevention: An International Journal

The forcible transfer of indigenous children in North America and Australia are part of a global phenomenon that consisted of the kidnapping, trafficking, removal, and identity changes of children of particular groups.

Article II(e) of the United Nation Convention on the Prevention and Punishment of Genocide prohibits the forcible transfer of children of a group to another group (FTC). The FTC echoes domestic and international legal norms and policies for the protection of children since early twentieth century. Its particular applicability to specific victims within a protected group – children –conveys a unique ethical position compared to the other acts …

Human Rights At The Border: European-Union—Moroccan Relations In The Wake Of The 2013 Migratory Policy, Anashua Dutta

Independent Study Project (ISP) Collection

Morocco’s border with the Spanish enclaves of Ceuta and Melilla has brought the country into direct relations with the European Union (EU) on the issues of border control and migration. In response to the growing human rights violations towards migrants and refugees enumerated in the Conseil Nationale des Droits de l’Homme’s (CNDH) 2013 report, King Muhammad VI passed a migratory policy that emphasized preservation of human rights within Morocco’s borders. This study examines the effects of Morocco’s relationship with the EU on the implementation of the human-rights aspects of Morocco’s 2013 migratory policy. Using the semi-structured interview approach, I will …

La Implementación De La Ley N° 26.485 En El Sector De Salud Pública En La Ciudad De Buenos Aires, Meredith Greene

Independent Study Project (ISP) Collection

A través de todos los siglos, ha existido la violencia contra las mujeres. Las causas de esta violencia son extensivas y tienen raíces en estructuras de ideología, cultura y género incrustadas en sociedades de todo el mundo. Hasta fines del siglo veinte, la violencia contra las mujeres era vista como un tema privado, de la familia, vivido puertas adentro, en forma independiente en cada hogar. Sin embargo, a través de las últimas décadas, muchos cambios ideológicos y socioculturales han trasladado el problema de la violencia contra las mujeres a la escena pública. En el año 2009, Argentina creó una ley …

Proposition For Ending The Crisis In Syria: Concurrent Devolution Of Power Regionally And Military Action Against Genocidal Fighters Nationally, Ahmed Souaiaia

Ahmed E SOUAIAIA

Syria's civil war is on a path to world war. Should Russia, like the Friends of Syria, take part in the military action in Syria and Iraq, the region will enter a new phase that could change the geopolitics of the region. However, Russia' military build up could force a political solution for a crisis that is impacting all many countries around the world.

Users' Patronage: The Return Of The Gift In The "Crowd Society", Giancarlo F. Frosio

Giancarlo Francesco Frosio

In this work, I discuss the tension between gift and market economy throughout the history of creativity. For millennia, the production of creative artifacts has lain at the intersection between gift and market economy. From the time of Pindar and Simonides – and until the Romanticism will commence a process leading to the complete commodification of creative artifacts – market exchange models run parallel to gift exchange. From Roman amicitia to the medieval and Renaissance belief that “scientia donum dei est, unde vendi non potest,” creativity has been repeatedly construed as a gift. Again, at the time of the British …

Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel

Nehal A. Patel

One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, when a Union Carbide pesticide plant exploded tons of methyl isocyanate into the air, killing 3800 people overnight. 30 years later, the plant site has not been remediated, and the estimated death toll from the explosion now has reached over 20,000. Disaster victims repeatedly have sought relief directly from the government. Yet, the Indian and US governments and Union Carbide have refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using the thought …

Lucky To Be Singaporean, Ee-Ing Ong

Research Collection Yong Pung How School Of Law

Op-ed about being Singaporean, in our historic 2015 elections.

"In the midst of our historic elections, I would like to remind Singaporeans that there remains a wider world out there. That our concerns about CPF money, high housing prices, rising income inequality, foreign workers, transportation woes, and the AHPETC saga, while important, are nonetheless First World problems. We have the luxury of arguing about them because we don’t have to worry about the fundamental problems of survival. Literally.

Thus, as we consider what we would like our country to look like in the coming years, I suggest that we first …

Health Care And The Balance Billing Problem: The Solution Is The Common Law Of Contracts And Strengthening The Free Market For Health Care., George A. Nation Iii

George A Nation III

A large and growing group of insured patients is being unfairly burdened by hospitals’ exorbitant chargemaster prices. The burden is brought to bear on these patients through a process known as balance billing. For a variety of reasons hospital networks are becoming narrower as hospital systems contract with fewer insurers, and as a result, more and more patients are receiving balance bills. The practice of balance billing puts upward pressure on health care prices in general. That is, this practice leads to higher prices across the board for the uninsured, the out-of-network insured and even the in-network insured. This article …

All Americans Not Equal: Mistrust And Discrimination Against Naturalized Citizens In The U.S., Alev Dudek

Alev Dudek

Do Law School Outcomes Follow The Legal Myth Of Thirds?: An Analysis Of The After The J.D. Study, Michael W. Raphael, Tanesha A. Thomas

Graduate Student Publications and Research

The legal myth of thirds is the belief that each graduating class of law students can be divided into thirds where the top third end up becoming law professors, the middle third become judges and the bottom third become lawyers. Such discourse is indicative of a meritocratic society and a 2014 survey done at a small New England law school found that 36.9% of respondents (N=92) have indeed heard that this was the case. The authors feel that the mere existence of such a rumor suggests that there is concern regarding intra-professional stratification. Using data from the American Bar Foundation’s …

Faith Doesn't Justify Discrimination Against Women, Eric Segall

Eric J. Segall

No abstract provided.

Children's Rights In The Midst Of Marriage Equality: Amicus Brief In Obergefell V. Hodges By Scholars Of The Constitutional Rights Of Children, Tanya Washington, Susannah Pollvogt, Catherine Smith, Lauren Fontana

Tanya Monique Washington

No abstract provided.