Social and Behavioral Sciences Commons^™

Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown

David C. Brown

What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ‘penal/colonial …

Beyond Judicial Populism, Anil Kalhan

Anil Kalhan

No abstract provided.

Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia

Ahmed E SOUAIAIA

The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.

In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of …

Do Experience Tables Matter, Peter B. Hoffman, Harvey M. Goldstein

Peter R. Hoffman

No abstract provided.

Estimating Age: College Males Versus Convicted Male Child Sex Offenders, Robert Marsh, Sergio Romero, Steven Patrick

Sergio Romero

Two samples, male college students and convicted male child sex offenders, are compared on their abilities to accurately estimate the age group of a series of photographs of a sole female ranging in age from 11 to 29. Both samples tend to overestimate the age group of the subject photos, and no significant difference was found between college students and convicted child sex offenders in their ability to estimate the age of females. Both groups are compared demographically, and only limited differences were found. The implications are discussed in regard to theory and prevention of child sexual abuse.

Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan

Anil Kalhan

With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …

Estimating Age: College Males Versus Convicted Male Child Sex Offenders, Robert Marsh, Sergio Romero, Steven Patrick

Robert L. Marsh

Two samples, male college students and convicted male child sex offenders, are compared on their abilities to accurately estimate the age group of a series of photographs of a sole female ranging in age from 11 to 29. Both samples tend to overestimate the age group of the subject photos, and no significant difference was found between college students and convicted child sex offenders in their ability to estimate the age of females. Both groups are compared demographically, and only limited differences were found. The implications are discussed in regard to theory and prevention of child sexual abuse.

Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna

Erik Luna

No abstract provided.

Constitutional Road Maps, Erik Luna

Erik Luna

No abstract provided.

Courting Power, Anil Kalhan

Anil Kalhan

No abstract provided.

Table Annexed To Article: Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the choices behind various clauses. However, no delegate had access to the official journal of the constitutional convention.

Moral Dilemma Judgment Revisited: A Loreta Analysis, Armando F. Rocha, Fábiot T. Rocha, Eduardo Massad

Armando F Rocha

Recent neuroscience investigations on moral judgment have provided useful information about how brain processes such complex decision making. All these studies so were fMRI investigations and therefore constrained by the poor resolution of this technique. Recent advances in electroencephalography (EEG) analysis provided by Low Resolution Tomogray (Loreta), Principal Component (PCA), Correlation and Regression Analysis improved EEG spatial resolution and make EEG a very useful technique in decision-making studies. Here, we reinvestigate previously fMRI study of personal (PD) and impersonal (ID) moral dilemma judgment, taking profit of these new EEG analysis improvements. Compared to the previous fMRI results, Loreta and PCA …

Table Annexed To Article: Congress And Parliament Deploy Appraisives (1801-1802), Peter J. Aschenbrenner

Peter J. Aschenbrenner

Parliament (primary text writer, the House of Commons) produced 24,647 words beginning in 1801; in in a comparable interval, Congress produced 27,123 words. By coincidence, this was the first year that Parliament served as the text-writer for the newly-minted United Kingdom of Great Britain and Ireland. Appraisives in the English language, numbering 3,683 have been tested against the Early Constitution. Appraisives in the Early Constitution, 2 OCL 193. This investigation tests the known class of appraisives in these target vocabularies employed by Congress and Parliament. Mean words between ‘hits’ are returned.

Judicial Integrity: A Call For Its Re-Emergence In The Adjudication Of Criminal Cases, Robert M. Bloom

Robert Bloom

No abstract provided.

Introduction To Marshall Digital Scholar/Everything You Thought You Knew About Copyright, Jingping Zhang, Monica Brooks, Paris E. Webb, Larry Sheret

Larry Sheret

Copyright Primer: demystifying the law and best practices for librarians. Ignorance of the law is no longer acceptable and individuals can now be assessed astronomically high statutory damages per infringement. Join us for a frank and informative discussion regarding current copyright law and application in your library when working with digital publisher content. We don’t pretend to have all the answers but our team will share our MDS workflow for securing permissions for inclusion in the institutional repository for public access

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram

David Ingram

I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence (economic refugees) cannot be redeemed paternalistically as freedom or welfare enhancing in the long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact …

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

David Ingram

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

Examination Of The Kendall County Youth Education Class, David E. Olson, Taheri Sema, Michelle Mioduszewski, Olson Mollie

David E. Olson

The research examined the characteristics of youth served by the Kendall County Probation and Court Services Department's Youth Education Class, a diversion program for youth charged with alcohol-related offenses. The research examined changes in awareness of alcohol and drug risks and health consequencies, and post-program recidivism.

Order Of Delegate Arrival At Philadelphia Tabled Against Support/Opposition To Constitution, Peter J. Aschenbrenner, David Kimball

Peter J. Aschenbrenner

Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Arrival of the delegates is matched with support/opposition for the Constitution.

Delegate Arrivals At Philadelphia Compared To Voting Records At The Ratification Conventions By State, Peter J. Aschenbrenner, David Kimball

Peter J. Aschenbrenner

Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Eleven states ratified the Constitution between December 7, 1787 and July 26, 1788. When delegate arrival dates are compared with the order in which their respective state ratification conventions completed their business, a significant number of delegates supporting the constitution are missing in action.

Table Annexed To Article: Delegate Arrivals In Philadelphia Compared To Voting Records, Peter J. Aschenbrenner, David Kimball

Peter J. Aschenbrenner

Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Eleven states ratified the Constitution between December 7, 1787 and July 26, 1788. When delegate arrival dates are compared with the order in which their respective state ratification conventions completed their business, a significant number of delegates supporting the constitution are missing in action.

Table Annexed To Article: A Detailed Breakdown Of Note-Takers Surveyed From Farrand’S Records Vols. 1 And 2 (1937), Peter J. Aschenbrenner

Peter J. Aschenbrenner

Eleven of the fifty-five delegates that attended the Federal Convention took notes during the proceedings. These notes, along with Jackson’s official journal and available committee drafts, are assembled in Farrand’s Records of the Federal Convention of 1787 at volumes 1 and 2. OCL provides a page-by-page breakdown of the text [of their notes] which appears in the Farrandian presentation.

Towards Respecting Indigenous Rights In Development Policy: The Case Of A Community-Based Forest Management Project In Panama, Benjamin Goodman

Benjamin Goodman

As Latin American countries reach new heights of development, perched on the shoulders of an increasingly globalized economy, their local indigenous communities continue to be the most marginalized and impoverished people in the world. Sustainable development initiatives present themselves as a way to contribute to global economic development, while at the same time, respecting the livelihoods of rural peoples and preserving natural resources for future generations. However, unsustainable exploitation of natural resources continues to threaten the livelihoods and identities of many rural indigenous communities. As the economic, legal and political marginalization of indigenous peoples persists, the inevitable result of these …

Drivers Of The Sentenced Population: Probation Analysis, David E. Olson, Donald Stemen, Sema Taheri, Michelle D. Mioduszewski

David E. Olson

The report examines trends in the number and characteristics of felony probation sentences and caseloads in Illinois, as well as short-term outcomes measures for those discharged from felony probation. The research was performed in collaboration with the Administrative Office of the Illinois Courts and the Illinois Sentencing Policy Advisory Council.

Naming Constitutions And Constitutional Text In The Early American Republic, Peter J. Aschenbrenner

Peter J. Aschenbrenner

From the beginning of the nation (October 7, 1777) to the disaster of Dred Scott (March 6, 1857), the United States has produced thirty-two articles worth of constitutioinal text, in 133 constitutional text units, beginning with the Articles of Confederation (opening date noted above). OCL names all the writings and groups them, for the first time.

Table Annexed To Article: Naming Constitutions/ Constitutional Text In The Early American Republic, Peter J. Aschenbrenner

Peter J. Aschenbrenner

From the beginning of the nation to disaster of Dred Scott (March 6, 1857), the United States has produced twenty-one writings which may be grouped as constitutional text units after the Articles of Confederation. OCL names all the writings and groups them, for the first time.

Traffic Stop Practices Of The Iowa City Police Department: January 1 – December 31, 2002, 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 Iowa City Police Department between January 1 and December 31, 2002. These data resulted from 13,459 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, 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, search, property seized, force, and outcome of the stop. Data analysis …

Chicken Little, Three Blind Men And An Elephant, And “Racial Profiling”: A Commentary On The Collection, Analysis, And Interpretation Of Traffic Stop Data, Angela D. Crews

Angela Crews

This paper discusses the collection, analysis, and interpretation of police traffic stop data. The focus primarily is on the theoretical, statistical, and practical determination of whether law enforcement is engaging in “racial profiling.” One of the most controversial components of research in this area relates to the “baseline” or comparison group. Researchers struggle with determining whether agencies are engaging in “racial profiling” when making traffic stops without some measure of what the world would look like in the absence of “racial profiling.” We know what is, but how can we know what should be? A model is proposed that delineates …

Table Annexed To Article: Our Aesthetic Constitution, Peter J. Aschenbrenner

Peter J. Aschenbrenner

If natural language is deficient, then descriptions-in-words of constitutions may suffer the same fate. What other choices are there, when an investigator – or more typically, a speaker in ordered discourse – or even more usually a speaker uttering demotic elaboration – sets out to describe constitutional text? Isn’t it obvious that artifacts featuring words lock users into using more words? OCL offers (the first of) several studies.