Social and Behavioral Sciences Commons^™

Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm

Don Stemen

No abstract provided.

Aggravated Sentencing: Blakely V. Washington, Jon Wool, Don Stemen

Don Stemen

No abstract provided.

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Challenges For Investigating Sex Trafficking: The Role Of Decriminalized Prostitution, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

This presentation is a case study of challenges to investigating sex trafficking created by decriminalized prostitution. For 29 years (from 1980 to 2009) in Rhode Island, engaging in prostitution was not prohibited or regulated. Commercial sex acts were private and beyond the interest of the state. Lack of laws or regulations of prostitution created a permissive legal, economic, and cultural environment for the growth of prostitution businesses. Local police were impeded from investigating alleged sex trafficking because police had no legal cause to investigate private activities. In interviews, law enforcement officials repeatedly stated that they did not have the laws …

Capitalism And Criminal Justice, Peter Kraska, John Brent

Peter Kraska

Capitalism and Criminal Justice examines how state and economic forces work together through a dialectic process in efforts to prepare social and cultural capital for economic accumulation. This unique book demonstrates the close working relationship between the state and market by focusing on two recent trends: the emergence of the Ultimate Fighting Championship (cage-fighting) and the use of performance enhancing drugs (PEDs). These trends are examined as illustrative of the state/market nexus in sanctioning and criminalizing transgressive behaviors. The books aims to both deepen criminology’s understanding of the criminalization/legalization process, and introduce a genre of theoretical work not often employed …

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 …

Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate

Winifred L. Tate

Explicitly prohibiting US military counternarcotics assistance to foreign military units facing credible allegations of abuses, Leahy Law creation and implementation illuminates the epistemological challenges of knowledge production about violence in the policy process. First passed in 1997, the law emerged from strategic alliances between elite NGO advocates, grassroots activists and critically located Congressional aides in response to the perceived inability of Congress to act on human rights information. I explore the resulting transformation of aid delivery: rather than suspend aid when no “clean” units could be found, US officials convinced their Colombian allies to create new units consisting of vetted …

Voices In The Beyond: Judicial Psychology And Citizens United, Kirby Farrell

kirby farrell

Abstract: A psychological analysis of the Supreme Court’s controversial Citizens United decision finds the concept of agency or personhood conflicted in its use by the majority. Some conservative justices in this and some other decisions, including Voting Rights enforcement (2006) and death penalty jurisprudence, have positioned authority and the voices of affected “persons” in the beyond: that is, in an abstract or metaphysical zone wherein reasoning cannot follow or be held responsible.

United States Supreme Court Cases From Georgia, Mary Wilson

Mary Wilson

United States Supreme Court Cases from Georgia.

Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr.

Donna M. Hughes

Should Prisons Be Privately Run?: No Quick Fixes, Ira P. Robbins

Ira P. Robbins

No abstract provided.