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Legal Studies

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2009

Institution
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Articles 1 - 30 of 120

Full-Text Articles in Social and Behavioral Sciences

Evil Has A New Name (And A New Narrative): Bernard Madoff, A. Christine Hurt Dec 2009

Evil Has A New Name (And A New Narrative): Bernard Madoff, A. Christine Hurt

Faculty Scholarship

No abstract provided.


Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School Dec 2009

Report On Offense Grading In Pennsylvania, Paul H. Robinson, Criminal Law Research Group, University Of Pennsylvania Law School

All Faculty Scholarship

The Pennsylvania Legislature's Senate Judiciary Committee and House Judiciary Committee jointly commissioned this study of the criminal offense grading scheme contained in Pennsylvania criminal statutes. This Final Report, which was presented to a joint session of the two Committees on December 15, 2009, examines the extent to which current Pennsylvania law defines offenses with offense grades that are inconsistent with the relative seriousness of the offense as compared to other offenses, based upon an empirical survey of Pennsylvania residents. It also examines whether some offenses include within a single grade forms of conduct of very different degrees of seriousness, for …


Juvenile Delinquency And Violence: Examining International Police And Societal Response, Gordon A. Crews, Angela West Crews Nov 2009

Juvenile Delinquency And Violence: Examining International Police And Societal Response, Gordon A. Crews, Angela West Crews

Criminal Justice Faculty Publications and Presentations

This presentation comparatively examines relationships in the United States, Eastern and Central Europe, Scandinavia, and parts of the Middle East among juvenile violence, "heavy metal" music, substance abuse, and participation in occult and "alternative" youth groups (e.g., Wicca, Satanism, vampirism, Goth). We trace the movement of certain groups, behaviors, and preferences and make a correlation between some of these movements and an increase in youth violence and substance abuse. The authors use results from surveys and participant observations in the U.S., Copenhagen, Germany, the Netherlands, & the Middle East (Egypt & Turkey) that indicate, however, that mere participation in these …


Juvenile Delinquency And Violence: Examining International Police And Societal Response, Gordon A. Crews, Angela West Crews Nov 2009

Juvenile Delinquency And Violence: Examining International Police And Societal Response, Gordon A. Crews, Angela West Crews

Criminal Justice Faculty Research

This presentation comparatively examines relationships in the United States, Eastern and Central Europe, Scandinavia, and parts of the Middle East among juvenile violence, "heavy metal" music, substance abuse, and participation in occult and "alternative" youth groups (e.g., Wicca, Satanism, vampirism, Goth). We trace the movement of certain groups, behaviors, and preferences and make a correlation between some of these movements and an increase in youth violence and substance abuse. The authors use results from surveys and participant observations in the U.S., Copenhagen, Germany, the Netherlands, & the Middle East (Egypt & Turkey) that indicate, however, that mere participation in these …


Youth Involvement In Alternative Subcultures, Groups, Belief Systems, And Lifestyles: Examining International Police And Societal Response, Gordon A. Crews Nov 2009

Youth Involvement In Alternative Subcultures, Groups, Belief Systems, And Lifestyles: Examining International Police And Societal Response, Gordon A. Crews

Criminal Justice Faculty Research

This presentation comparatively examines relationships in the United States, Eastern and Central Europe, Scandinavia, and parts of the Middle East among juvenile violence, "heavy metal" music, substance abuse, and participation in occult and "alternative" youth groups (e.g., Wicca, Satanism, vampirism, Goth). We trace the movement of certain groups, behaviors, and preferences and make a correlation between some of these movements and an increase in youth violence and substance abuse. The authors use results from surveys and participant observations in the U.S., Copenhagen, Germany, the Netherlands, & the Middle East (Egypt & Turkey) that indicate, however, that mere participation in these …


Youth Involvement In Alternative Subcultures, Groups, Belief Systems, And Lifestyles: Examining International Police And Societal Response, Gordon A. Crews Nov 2009

Youth Involvement In Alternative Subcultures, Groups, Belief Systems, And Lifestyles: Examining International Police And Societal Response, Gordon A. Crews

Criminal Justice Faculty Publications and Presentations

This presentation comparatively examines relationships in the United States, Eastern and Central Europe, Scandinavia, and parts of the Middle East among juvenile violence, "heavy metal" music, substance abuse, and participation in occult and "alternative" youth groups (e.g., Wicca, Satanism, vampirism, Goth). We trace the movement of certain groups, behaviors, and preferences and make a correlation between some of these movements and an increase in youth violence and substance abuse. The authors use results from surveys and participant observations in the U.S., Copenhagen, Germany, the Netherlands, & the Middle East (Egypt & Turkey) that indicate, however, that mere participation in these …


Military Might And Political, Economic, And Social Institutions: A Global Time Series Empirical Test Of Terrorism, Jibey Asthappan Oct 2009

Military Might And Political, Economic, And Social Institutions: A Global Time Series Empirical Test Of Terrorism, Jibey Asthappan

Criminal Justice Faculty Publications

"This study, in an effort to uncover root reasons for terrorism, will delve into the issue of terrorism by testing if economic, social, and political factors have an effect on terrorism. It is the intention of this study to suggest policies that address the source of terrorist motivations rather than the symptoms. Using data from RAND and the World Bank that spans 12 years8, the researcher uses a negative binomial time series analysis to answer several hypotheses probing the relationship of political, social, and economic institutions’ effect on terrorist incidents. Establishing that terrorism is a rational behavior is …


Creating A Culture Of Accountability: The Prosecution Of Gender Crimes In The Icty, Alice Hansen Oct 2009

Creating A Culture Of Accountability: The Prosecution Of Gender Crimes In The Icty, Alice Hansen

Independent Study Project (ISP) Collection

This study investigates if the International Criminal Tribunal for the Former Yugoslavia (ICTY) successfully creates a culture of accountability through its prosecution of gender crime. It first frames the concepts of sexual violence in war as well as accountability theoretically, and describes the historical context of the war in the former Yugoslavia. The ideas of ethnic identity, gender roles, and rape as a war crime are placed against a historical and cultural background. Next, it uses twelve Statements of Guilt issued by the ICTY as a means to discuss the definition and creation of a culture of accountability within the …


Treatment Policies & Programs For Mentally Ill Offenders: A Comparison Of Kentucky And The Nation, Irina Soderstrom, Shenna Smith Oct 2009

Treatment Policies & Programs For Mentally Ill Offenders: A Comparison Of Kentucky And The Nation, Irina Soderstrom, Shenna Smith

Kentucky Justice and Safety Research Bulletin

Approximately 10-15% of the nearly 6 million offenders in U.S. jails, prisons or on probation or parole, suffer from mental illness. Correctional systems are legally mandated to provide treatment, yet they are overwhelmed with the high costs associated with specialized staff training, the hiring of professional mental health providers, psychotropic medications and specialized housing.
This article discusses the prevalence of the problem of the continually increasing numbers of offenders in need of mental health services. The article also presents the results of a national survey of the chief mental health administrators for the state correctional systems across the United States. …


Cj Times Volume 2, Issue 2, Department Of Criminal Justice Oct 2009

Cj Times Volume 2, Issue 2, Department Of Criminal Justice

CJ Times (Newsletter)

No abstract provided.


One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll Oct 2009

One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll

Articles in Law Reviews & Other Academic Journals

The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.

Provisionally accepting the assumptions of the traditional economic case for intellectual …


Regulating Polygamy: Intimacy, Default Rules, And Bargaining For Equality, Adrienne D. Davis Sep 2009

Regulating Polygamy: Intimacy, Default Rules, And Bargaining For Equality, Adrienne D. Davis

Women, Gender & Sexuality Studies Research

Most legal scholarship about polygamy has approached it in one of two ways. Some have framed it as a question of how far constitutional protection for religious freedom and privacy rights extends, including what we might think of as "intimacy liberty," particularly in light of Lawrence v. Texas. Others have debated decriminalization, based on the contested effects of polygamy on matters ranging from women’s subordination to fraudulent behavior to democracy. This Essay shifts attention from the constitutionality and decriminalization debates to a new set of questions: whether and how polygamy might be effectively recognized and regulated, consistent with contemporary social …


Does Gender Impact On Career Progression In The Garda Síochána?, Goretti Sheridan Sep 2009

Does Gender Impact On Career Progression In The Garda Síochána?, Goretti Sheridan

Dissertations

Little is generally known about the factors affecting the managerial advancement of women in police forces internationally. There is a dearth of research on women and policing in the Garda Síochána. Women are 50 years in policing in Ireland and would appear to have been totally restricted in their progression up until the last decade. The principle aim of this study is concerned with exploring the research question ‘Does Gender Impact on Career Progression in the Garda Síochána?’ It concentrates solely on policewomen. A comprehensive analysis of national and international literature is summarised in a literature review. An extensive examination …


Cook County Sheriff's Reentry Council Quarterly Update (Volume 1, Issue 1: September, 2009), David E. Olson Sep 2009

Cook County Sheriff's Reentry Council Quarterly Update (Volume 1, Issue 1: September, 2009), David E. Olson

Criminal Justice & Criminology: Faculty Publications & Other Works

INSIDE THIS ISSUE:

  • Sheriff Forms Reentry Council
  • First systematic effort to measure recidivism of jail releasees in Cook County
  • During calendar year (CY)2008, more than 74,985 individuals were booked into the Cook County Jail nearly 93,000 times
  • Reentry Council produces video for detainees
  • Sheriff applies for federal support forreentry programs
  • Cook County Jail is the largest single-site jail facility in the country
  • 85% of males booked into Cook County Jail tested positive for illegal drugs in 2008


What Do Young People Think Of The Gardaí?:An Examination Of Young Peoples Attitudes Toward And Experiences Of The Gardaí, Niamh Feeney Sep 2009

What Do Young People Think Of The Gardaí?:An Examination Of Young Peoples Attitudes Toward And Experiences Of The Gardaí, Niamh Feeney

Dissertations

National strategies point toward the importance of young people being consulted in relation to services and policies that affect them. Interest in the attitudes of young people to police has increased in recent decades yet this has not yet been explored in Ireland. This thesis examines the attitudes of a sample of young people in the Garda Dublin Metropolitan Region North to the Gardaí as well as their experiences of contacts with members of An Garda Síochána. This is done mainly through the quantitative research method of a survey. One hundred and three young people aged 15-19 in four different …


Where Concerned Citizens Perceive Police As More Responsive To Troublesome Teen Groups: Theoretical Implications For Political Economy, Incivilities And Policing, Christopher Salvatore, Ralph B. Taylor, Christopher Kelly Aug 2009

Where Concerned Citizens Perceive Police As More Responsive To Troublesome Teen Groups: Theoretical Implications For Political Economy, Incivilities And Policing, Christopher Salvatore, Ralph B. Taylor, Christopher Kelly

Department of Justice Studies Faculty Scholarship and Creative Works

The current investigation extends previous work on citizens' perceptions of police performance. It examines the origins of between-community differences in concerned citizens' judgments that police are responding sufficiently to a local social problem. The problem is local unsupervised teen groups, a key indicator for both the revised systemic social disorganization perspective and the incivilities thesis. Four theoretical perspectives predict ecological determinants of these shared judgments. Less perceived police responsiveness is anticipated in lower socioeconomic status (SES) police districts by both a political economy and a stratified incivilities perspective; more predominantly minority police districts by a racialized justice perspective; and in …


Participatory Evaluation Of The Tribal Victim Assistance Programs At The Lummi Nation And Passamaquoddy Tribe, Ada Pecos Melton, Michelle Chino Aug 2009

Participatory Evaluation Of The Tribal Victim Assistance Programs At The Lummi Nation And Passamaquoddy Tribe, Ada Pecos Melton, Michelle Chino

Public Health Faculty Publications

The high rate of crime in American Indian/Alaska Native (AI/AN) communities and/or against AI/AN people reflected in numerous studies in the last three decades, demonstrates the need for victim assistance programs in Indian Country to help victims cope with and heal from violent crime (Wolk 1982; Allen 1985; Sacred Shawl Women’s Society, no date; McIntire 1988; DeBruyn, Lujan & May 1995; Norton & Manson 1995; Fairchild et. al 1998; Greenfield & Smith 1999; Alba, Zieseniss, et al 2003; Perry 2004). The U.S. Department of Justice, Office for Victims of Crime (OVC) became aware of the lack of resources available to …


The Divergence Of Legal Procedures, Aron Balas, Rafael La Porta, Florencio Lopez-De-Silanes, Andrei Shleifer Aug 2009

The Divergence Of Legal Procedures, Aron Balas, Rafael La Porta, Florencio Lopez-De-Silanes, Andrei Shleifer

Dartmouth Scholarship

Simeon Djankov et al. (2003) introduce a measure of the quality of contract enforcement -- the formalism of civil procedure -- for 109 countries as of 2000. For 40 of these countries, we compute procedural formalism every year since 1950. We find that large differences in procedural formalism between common and civil law countries existed in 1950 and widened by 2000. For this area of law, the findings are inconsistent with the hypothesis that national legal systems are converging, and support the view that legal origins exert long lasting influence on legal rules. (JEL K41, O17)


Analysis Of Minerals Using Linearly Polarized Infrared Microspectroscopy, Brooke Weinger Kammrath, Pauline E. Leary, John A. Reffner Jul 2009

Analysis Of Minerals Using Linearly Polarized Infrared Microspectroscopy, Brooke Weinger Kammrath, Pauline E. Leary, John A. Reffner

Forensic Science Publications

This is an extended abstract of a paper presented at Microscopy and Microanalysis 2009 in Richmond, Virginia, USA, July 26 – July 30, 2009.


Entrepreneurship / Small Business Programming Within Correctional Facilities, Nancy M. Levenburg, Nikki J. Powers Jul 2009

Entrepreneurship / Small Business Programming Within Correctional Facilities, Nancy M. Levenburg, Nikki J. Powers

Student Summer Scholars Manuscripts

The full-text download for this paper is an extensive abstract of the project.


Evaluation Of Adult Lucas County Treatment Alternatives To Street Crime, Inc. (Tasc): Outcomes Related To Program Completion, Melissa W. Burek, Christine M. Englebrecht Jun 2009

Evaluation Of Adult Lucas County Treatment Alternatives To Street Crime, Inc. (Tasc): Outcomes Related To Program Completion, Melissa W. Burek, Christine M. Englebrecht

Criminal Justice Faculty Publications

The central purpose of this research was to evaluate the Lucas County, Ohio Treatment Alternatives to Street Crime (TASC) program for adult clients. The principal investigator was Associate Professor of Criminal Justice Melissa W. Burek, Ph.D. from Bowling Green State University (BGSU) in conjunction with Stacey Rychener, Ph.D., Director of the Center for Evaluation Services and associates at BGSU. Co-author of the report that follows was Assistant Professor of Criminal Justice Christine Englebrecht, Ph.D., also of BGSU. Data collection for the project began in January 2009 and completed in late March of same year.

We had three general objectives for …


Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry Jun 2009

Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Hate on the Internet presents a unique problem in the United States. The First Amendment to the Constitution protects speech, even that which is hateful and offensive. Although the First Amendment is not without limitation and, indeed, although there have been a small number of successful prosecutions of individuals who disseminated hate speech over the Internet, web-based hate continues to receive broad First Amendment protections. Some non-governmental organizations in the United States, such as the Anti-Defamation League (ADL) and the Southern Poverty Law Center, have adopted innovative approaches to hate on the Internet. For instance, the ADL tracks and monitors …


Participation In Victim–Offender Mediation: Lessons Learned From Observations, Patrick M. Gerkin Jun 2009

Participation In Victim–Offender Mediation: Lessons Learned From Observations, Patrick M. Gerkin

Peer Reviewed Publications

Victim–offender mediation has grown to establish itself among criminal justice practices as an alternative to traditionally retributive notions of justice. As the number of programs claiming to be restorative in nature continues to grow, victim–offender mediation programs are emerging as one of the state’s preferred delivery methods for restorative justice. Restorative practices, including victim–offender mediation, are inclusive practices. Participation is not only encouraged, it is a necessary element for victim–offender mediation to achieve restorative outcomes. Through the use of observations and content analysis of agreements produced in victim–offender mediation, this research uncovers several impediments to individual participation, including problems in …


The Need For Situational Awareness Tools To Improve Police Decision-Making Competence, Hyeyoung Lim, David W. Webb Jun 2009

The Need For Situational Awareness Tools To Improve Police Decision-Making Competence, Hyeyoung Lim, David W. Webb

Criminal Justice Faculty Publications

For many professions, instruments of one sort or another are used almost routinely to assess the level of competence of professionals in decision-making relative to their particular occupations. Aircraft pilots, doctors, engineers, and the like are no strangers to such testing. Members of police departments, overall, have little exposure to such forms of assessment, even though they are required from time to time to make critical decisions regarding public safety. At the Law Enforcement Management Institute of Texas (LEMIT), part of the Criminal Justice Center housed at Sam Houston State University, a piece of research has commenced to assess police …


International Police And Societal Response To Juvenile Delinquency & Violence, Angela D. Crews, Gordon A. Crews Jun 2009

International Police And Societal Response To Juvenile Delinquency & Violence, Angela D. Crews, Gordon A. Crews

Criminal Justice Faculty Publications and Presentations

No abstract provided.


Technology And Education: The Power Of The Personal Computer, B. Pelham, Steve Crabtree, Zsolt Nyiri Jun 2009

Technology And Education: The Power Of The Personal Computer, B. Pelham, Steve Crabtree, Zsolt Nyiri

Department of Political Science and Law Faculty Scholarship and Creative Works

Studies have shown that factors other than the wealth of a country also matter for educational attainment. The authors' report, on the other hand, illustrates the educational advantage bestowed by access to computers. The evidence indicates that the level of computer propagation in a country is strongly associated with its students' scores on the Programme for International Student Assessment (PISA), a standardized international test. For the current analysis, the authors tested several possible development indicators as predictors of country-level variation in PISA scores. A multiple regression analysis allowed them to systematically compare countries that are highly similar in GDP levels …


Disparate Juvenile Court Outcomes For Disabled Delinquent Youth: A Social Work Call To Action, Christopher A. Mallett Jun 2009

Disparate Juvenile Court Outcomes For Disabled Delinquent Youth: A Social Work Call To Action, Christopher A. Mallett

Social Work Faculty Publications

Current service delivery for at-risk youth is through four separate systems: special education; mental health and substance abuse; juvenile justice; and child welfare. Many youth (and their families) are involved with more than one of these systems, making early disability identification and subsequent systems coordination paramount in leading to more successful juvenile court outcomes. This coordination is an important and prioritized public policy concern because a majority of youth (disproportionately minority) within juvenile justice populations has been identified with mental health disorders, special education disabilities, or maltreatment histories. This study of a unique sample of probation-supervised delinquent youths ( n …


A Close Encounter: People To People International's Legal Research And Library Science Delegation Visits China, Richard Leiter Apr 2009

A Close Encounter: People To People International's Legal Research And Library Science Delegation Visits China, Richard Leiter

Marvin and Virginia Schmid Law Library

Last October, I had the privilege of leading a delegation of (mostly) law librarians on a 10-day professional visit to Beijing and ghai, China. The goal of the trip was to get acquainted with Chinese legal bibliography and China's legal system. The visit was arranged and facilitated by the People to People International Citizen Ambassadors Program headquartered in Spokane, Washington. (If you haven't heard of the organization, please check out its Web site at jwptpAi.so rsgta.)t ed on the Web site, "The purpose of People to People International is to enhance international understanding and friendship through educational, cultural, and humanitarian …


Preemption By Stealth, Sandi Zellmer Apr 2009

Preemption By Stealth, Sandi Zellmer

Nebraska College of Law: Faculty Publications

One can hardly dispute that preemption issues are complex and highly nuanced, involving both federalism and separation of powers---congressional prerogatives, agency competence, and judicial deference--as well as efficiency, equity, victim compensation, and cost-shifting objectives. By focusing specifically on cases involving statutory savings clauses, this Article makes a modest attempt to identify preemption patterns and principles from a discrete set of opinions issued by the Rehnquist and Roberts Courts through 2008. It undertakes a comparative analysis of case law in four areas: (1) the environment; (2) labor and employment; (3) products liability; and (4) agricultural practices. These four were chosen both …


Volume 02, Joseph A. Mann, Kathryn J. Greenly, Scott E. Jenkins, Andrew E. Puckette, Daniel M. Honey, Jeffery P. Ravenhorst, Jamie Elizabeth Mesrobian, Thomas Scott, Jay Crowell, Sarah Spangenberg, Amy S. Eason, Kenny Wolfe, Liz Hale, Rachel Bouchard, Will Semonco, Carley York, Ryan Higgenbothom, Adrienne Heinbaugh, Melissa Dorton, Madeline Hunter, June Ashmore, Clark Barkley, Jay Haley Apr 2009

Volume 02, Joseph A. Mann, Kathryn J. Greenly, Scott E. Jenkins, Andrew E. Puckette, Daniel M. Honey, Jeffery P. Ravenhorst, Jamie Elizabeth Mesrobian, Thomas Scott, Jay Crowell, Sarah Spangenberg, Amy S. Eason, Kenny Wolfe, Liz Hale, Rachel Bouchard, Will Semonco, Carley York, Ryan Higgenbothom, Adrienne Heinbaugh, Melissa Dorton, Madeline Hunter, June Ashmore, Clark Barkley, Jay Haley

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

Mike's Nite: New Jazz for an Old Instrument by Joseph A. Mann

Investigation of the use of Cucumis Sativus for Remediation Of Chromium from Contaminated Environmental Matrices: An Interdisciplinary Instrumental Analysis Project by Kathryn J. Greenly, Scott E. Jenkins, and Andrew E. Puckette

Development of GC-MS and Chemometric Methods for the Analysis of Accelerants in Arson Cases by Scott Jenkins

Building and Measuring Scalable Computing Systems by Daniel M. Honey and Jeffery P. Ravenhorst

Nomini Hall: A Case Study in the Use of Archival Resources as Guides for Excavation at An Archaeological Site by …