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Legal Studies

Selected Works

2015

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Articles 1 - 30 of 95

Full-Text Articles in Social and Behavioral Sciences

Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg Dec 2015

Are You Now Or Have You Ever Been A Sociologist, Barry Krisberg

Barry A Krisberg

No abstract provided.


Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky Dec 2015

Not Your Father's Police Department: Making Sense Of The New Demographics Of Law Enforcement, David Sklansky

David A Sklansky

No abstract provided.


The Criminal Law And The Luck Of The Draw, Sanford Kadish Dec 2015

The Criminal Law And The Luck Of The Draw, Sanford Kadish

Sanford Kadish

No abstract provided.


Faculty Profile: Mitch Librett - Experience Counts In The Criminal Justice Department, Patricia Fanning Dec 2015

Faculty Profile: Mitch Librett - Experience Counts In The Criminal Justice Department, Patricia Fanning

Patricia J. Fanning

No abstract provided.


Reckless Complicity, Sanford Kadish Dec 2015

Reckless Complicity, Sanford Kadish

Sanford Kadish

No abstract provided.


African-Americans And The Administration Of Justice, E. Yvonne Moss, Roy Austin, Nolan Jones, Barry Krisberg, Hubert Locke, Michael Radelet, Susan Welch Dec 2015

African-Americans And The Administration Of Justice, E. Yvonne Moss, Roy Austin, Nolan Jones, Barry Krisberg, Hubert Locke, Michael Radelet, Susan Welch

Barry A Krisberg

The status of African Americans in relationship to the administration of justice has improved since the 1940s. Significantly, however, researchers continue to find racial discrimination and racial disadvantage operating in various aspects of the criminal justice process in numerous jurisdictions. Such findings are unacceptable in a society that claims to honor equal justice under law.

This article is reprinted from Summary, Volume 1 of the Assessment of the Status of African-Americans series, published in 1990 by the William Monroe Trotter Institute, University of Massachusetts at Boston, and edited by Wornie L. Reed. Materials included in the article were adapted …


Decision-Making In Criminal Defense: An Empirical Study Of Insanity Pleas And The Impact Of Doubted Client Competence, Richard Bonnie, Norman Poythress, Steven Hoge, John Monahan Dec 2015

Decision-Making In Criminal Defense: An Empirical Study Of Insanity Pleas And The Impact Of Doubted Client Competence, Richard Bonnie, Norman Poythress, Steven Hoge, John Monahan

Norman Poythress

No abstract provided.


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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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 Dec 2015

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

Russell D. Covey

No abstract provided.


Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver Nov 2015

Bill Cosby, The Lustful Disposition Exception, And The Doctrine Of Chances, Wesley Oliver

Wesley M Oliver

With the filing of criminal charges against Bill Cosby in a case involving one victim, the question attracting a great deal of attention is whether other victims will be allowed to testify for the prosecution. Yes is the likely answer but probably for the wrong reasons. Generally the prosecution is forbidden to introduce other bad acts by a defendant, but there are certain categorical exceptions. Under federal law, any prior sexual misconduct can be admitted in the prosecution of a sex crime case -- a notion that the drafters of the Federal Rules of Evidence borrowed from something called the …


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 Nov 2015

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 …


Three Voices Of Socio-Legal Studies, Malcolm M. Feeley Nov 2015

Three Voices Of Socio-Legal Studies, Malcolm M. Feeley

Malcolm Feeley

No abstract provided.


California Police Sexual Misconduct Arrest Cases, 2005-2011, Philip M. Stinson, Zachary J. Calogeras, Natalie L. Dichiro, Ryan K. Hunter Nov 2015

California Police Sexual Misconduct Arrest Cases, 2005-2011, Philip M. Stinson, Zachary J. Calogeras, Natalie L. Dichiro, Ryan K. Hunter

Philip M Stinson

This report was prepared at the request of the California Research Bureau. The data are from a larger study on police crime in the United States. Police crimes are those crimes committed by sworn law enforcement officers given the general powers of arrest at the time the offense was committed and/or at the time when the officer was arrested. These crimes can occur while the officer is on- or off-duty and include offenses committed by state, county, municipal, tribal, or special law enforcement agencies. Police crimes damage the occupational integrity of police officers, the organizational legitimacy of the employing law …


Profiling Arson, Katarina Fritzon, Rebekah Doley, Ryan Bell Nov 2015

Profiling Arson, Katarina Fritzon, Rebekah Doley, Ryan Bell

Ryan Bell

Overview: Criminal psychological profiling is the forensic technique of inferring personal, psychological, demographic, and behavioral characteristics of offenders based on crime scene evidence. While the majority of research concerning criminal pro-filing has been focused on the investigation of crimes of sexual violence such as murder and rape, criminal psychological profiling is frequently described as being applicable to the investigation of serial arson crimes, and the frequency with which psychological profiling has been used in the investigation of arson crimes has been growing steadily over the past 30 years (Drabsch 2004; Kocsis 2004, 2006; Turvey1999). This current entry reviews the growing …


Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio Nov 2015

Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio

Andrea A. Curcio

Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …


Abolishing Jailhouse Snitch Testimony, Russell D. Covey Nov 2015

Abolishing Jailhouse Snitch Testimony, Russell D. Covey

Russell D. Covey

Jailhouse snitch testimony is inherently unreliable. Snitches have powerful incentives to invent incriminating lies about other inmates in often well-founded hopes that such testimony will provide them with material benefits, including in many cases substantial reduction of criminal charges against them or of the time they are required to serve. At the same time, false snitch testimony is difficult, if not altogether impossible, for criminal defendants to impeach. Because such testimony usually pits the word of two individuals against one another, both of whose credibility is suspect, jurors have little ability to accurately or effectively assess or weigh the evidence. …


Police Integrity Lost Podcast Episode 26: What We Know About Police Crime, Philip M. Stinson Nov 2015

Police Integrity Lost Podcast Episode 26: What We Know About Police Crime, Philip M. Stinson

Philip M Stinson

This episode of the Police Integrity Lost podcast features a presentation by Phil Stinson at the Center for Family and Demographic Research at Bowling Green State University on November 4, 2015.


Police Integrity Lost Podcast Episode 25: Violence By School Resource Officers, Philip M. Stinson Nov 2015

Police Integrity Lost Podcast Episode 25: Violence By School Resource Officers, Philip M. Stinson

Philip M Stinson

This episode of the Police Integrity Lost podcast features an interview of Phil Stinson on WURD AM900 Radio in Philadelphia, PA on October 28, 2015.


Intercoder Reliability Assessment Of Supplemental Document Coding In A Quantitative Content Analysis Study Of Police Crime In The United States, Raven Ory, Philip M. Stinson Nov 2015

Intercoder Reliability Assessment Of Supplemental Document Coding In A Quantitative Content Analysis Study Of Police Crime In The United States, Raven Ory, Philip M. Stinson

Philip M Stinson

Dr. Stinson maintains an object-relational research database in OnBase, Bowling Green State University’s enterprise-level content management system. An analysis of the intercoder reliability of the supplemental articles indexed in OnBase during the years 2012-2014 was conducted to determine and promote reliability among research assistants. This project is important because reliability is the hallmark of any research database, and because the institutional memory is short with annual turnover of student research assistants working in Stinson’s research group. Training recommendations are made from the findings of this study for the purpose of improving the reliability of document coding in the project object …


Self-Management And Regulation Training (Smart) For Criminogenic Behaviors In Males, Bonnie Kenaley, Richard Craig, Patrick Wolberd Oct 2015

Self-Management And Regulation Training (Smart) For Criminogenic Behaviors In Males, Bonnie Kenaley, Richard Craig, Patrick Wolberd

Bonnie Kenaley

The presentation introduces a manualized Self-Management and Regulation Training (SMART; Wolberd, 2000) for incarcerated adult males with criminogenic attitudes, beliefs and behaviors. The model’s objectives, principles, recruitment and neurobehavioral and cognitive-based strategies will be discussed. Recent research findings will be presented, as well as practice, research and policy implications.

Educational objectives
  • Explain the objectives and components of the Self-Management and Regulation Training model
  • Demonstrate the sequential steps of the SMART program, including the in-group and homework assignments
  • Describe how to assess the effectiveness of the SMART program


Immigration Regulation, Luisa Blanco, Odinakachi Anyanwu Oct 2015

Immigration Regulation, Luisa Blanco, Odinakachi Anyanwu

Luisa Blanco

Immigration regulation is defined here as any policy that has the objective of encouraging or discouraging immigration. There are two major categories of immigration regulation: those policies that directly affect the inflow of immigrants and those that influence the everyday lives of immigrants and processes related to the acquisition of legal permanent residency or citizenship. Immigration regulation is quite diverse across time and space; immigration policy is fluid and dynamic and is affected by socioeconomic, cultural, and political factors. Thus, immigration regulation evolves in response to current conditions in a specific country. The role of race in immigration regulation also …


The New Battleground For Same-Sex Couples Is Equal Rights For Their Kids, Tanya Washington Oct 2015

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

Tanya Monique Washington

No abstract provided.


Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio Oct 2015

Addressing Barriers To Cultural Sensibility Learning: Lessons From Social Cognition Theory, Andrea A. Curcio

Andrea A. Curcio

Understanding subconscious biases, their pervasiveness, and their impact on perceptions, interactions, and analyses, helps prepare lawyers to represent people from cultural and racial backgrounds different from their own, and to address both individual and institutional injustice. Two law student surveys suggest many students believe lawyers are less susceptible than clients to having, or acting upon, stereotypes or biases. The survey results also indicate that many students suffer from bias blind spot – i.e. they believe that while others cannot recognize when they are acting based upon stereotypical beliefs and biases, the students know when they are doing so. The survey …


The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud Oct 2015

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

François Tanguay-Renaud

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.


Criminalizing The State, François Tanguay-Renaud Oct 2015

Criminalizing The State, François Tanguay-Renaud

François Tanguay-Renaud

François Tanguay-Renaud, Associate Professor, Osgood Hall Law School speaks about political theory and criminal law, asking the underexplored question of whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a specific focus on the possibility of its domestic criminalization. He identifies the core objections to the criminalization of states, for example, objections to the condemnation and punishment of the state, as a result of a suitably ‘criminal’ process of public accountability, for the culpable perpetration of legal wrongs. He then investigate ways in which these objections can be challenged.


Islamic Legal Theory And The Legitimacy Of Secular Positive Law: Is Modern Religious Liberty Sufficient For The Islamic Legal Maqsad ('Ultimate Objective') Of Hifz Al-Din ('Preserving Religion')?, Andrew March, Mohamad Al-Hakim, Michael Giudice, François Tanguay-Renaud Oct 2015

Islamic Legal Theory And The Legitimacy Of Secular Positive Law: Is Modern Religious Liberty Sufficient For The Islamic Legal Maqsad ('Ultimate Objective') Of Hifz Al-Din ('Preserving Religion')?, Andrew March, Mohamad Al-Hakim, Michael Giudice, François Tanguay-Renaud

François Tanguay-Renaud

Andrew F. March, Associate Professor of Political Science, Yale University, examines some treatments of the meaning and extension of the Islamic legal purpose (maqad) of protecting religion (hifz al-din), with an eye towards Islamic legal theorists’ explicit or implicit encounter with modern liberal and secularist understandings of what it means to “protect religion.”

Respondent: Mohamad Al-Hakim, York University, Philosophy.


Crime And The Distribution Of Security, Victor Tadros, Susan Dimock, François Tanguay-Renaud Oct 2015

Crime And The Distribution Of Security, Victor Tadros, Susan Dimock, François Tanguay-Renaud

François Tanguay-Renaud

Victor Tadros, University of Warwick, speaks about a theory of criminalization and constraints on conduct. He considers the application of the harm principle and suggests that in addition to this harm constraint a wrongfulness constraint and a punishment constraint could also be considered. He also investigates the principles that govern decisions around the criminalization of conduct.