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Social and Behavioral Sciences Commons

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Legal Studies

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2018

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Articles 1 - 30 of 154

Full-Text Articles in Social and Behavioral Sciences

The Impact Of Gangs On Community Life In Trinidad, Ericka Adams, Patrice Morris, Edward Maguire Dec 2018

The Impact Of Gangs On Community Life In Trinidad, Ericka Adams, Patrice Morris, Edward Maguire

Faculty Publications

Trinidad and Tobago has more than 100 criminal gangs, some of which engage in high levels of homicide and violence. Recent research has shown that gang members in Trinidad and Tobago are more likely than nongang members to be arrested for violent, property, and drug crimes. As gangs continue to proliferate throughout the Caribbean, there is a pressing need to understand the nature of these gangs and their impact on the communities in which they are entrenched. Using data from interviews with community members, police officials, and gang members, as well as ethnographic observations from 10 high crime, predominantly Black …


Vocational And Life Skills Monthly Data Update: December 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna Dec 2018

Vocational And Life Skills Monthly Data Update: December 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …


The Theory And Practice Of Contestatory Federalism, James A. Gardner Dec 2018

The Theory And Practice Of Contestatory Federalism, James A. Gardner

Journal Articles

Madisonian theory holds that a federal division of power is necessary to the protection of liberty, but that federalism is a naturally unstable form of government organization that is in constant danger of collapsing into either unitarism or fragmentation. Despite its inherent instability, this condition may be permanently maintained, according to Madison, through a constitutional design that keeps the system in equipoise by institutionalizing a form of perpetual contestation between national and subnational governments. The theory, however, does not specify how that contestation actually occurs, and by what means.

This paper investigates Madison’s hypothesis by documenting the methods actually deployed …


Mens Rea In Comparative Perspective, Luis E. Chiesa Dec 2018

Mens Rea In Comparative Perspective, Luis E. Chiesa

Journal Articles

This Essay compares and contrasts the American and civilian approaches to mens rea. The comparative analysis generates two important insights. First, it is preferable to have multiple forms of culpability than to have only two. Common law bipartite distinctions such as general and specific intent fail to fully make sense of our moral intuitions. The same goes for the civilian distinction between dolus (intent) and culpa (negligence). Second, attitudinal mental states should matter for criminalization and grading decisions. Nevertheless, adding attitudinal mental states to our already complicated mens rea framework may end up confusing juries instead of helping them. …


Race, Social Class, And Child Abuse: Content And Strength Of Medical Professionals’ Stereotypes, Cynthia J. Najdowski, Kimberly M. Bernstein Dec 2018

Race, Social Class, And Child Abuse: Content And Strength Of Medical Professionals’ Stereotypes, Cynthia J. Najdowski, Kimberly M. Bernstein

Psychology Faculty Scholarship

Black and poor children are overrepresented at every stage of the child welfare system, from suspicion of abuse to substantiation. Focusing on stereotypes as a source of bias that leads to these disparities, the current study examines the content and strength of stereotypes relating race and social class to child abuse as viewed by medical professionals. Doctors, nurses, and other medical professionals (Study 1: N = 53; Study 2: N = 40) were recruited in local hospitals and online through snowball sampling. Study 1 identified stereotype content by asking participants to list words associated with the stereotype that …


Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad Nov 2018

Falling Between The Cracks: Understanding Why States Fail In Protecting Our Children From Crime, Michal Gilad

All Faculty Scholarship

The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. It takes-on the challenging task of ‘naming’ the problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. Informed by scientific findings, the term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the spillover effect the problem has on our society as …


The Costs Of Trademarking Dolls, Jessica Silbey Nov 2018

The Costs Of Trademarking Dolls, Jessica Silbey

Faculty Scholarship

Professor Curtin’s article, Zombie Cinderella and the Undead Public Domain, takes a recent case from the Trademark Trial and Appeal Board (TTAB) as the basis for an argument that trademark doctrine needs stronger protection against the exclusive commercial appropriation of characters that are in the public domain. In that case, a doll manufacturer sought to register the term “Zombie Cinderella” for a doll that was zombie-ish and princess-like. The examiner refused registration because the term “Zombie Cinderella” for this kind of doll was confusingly similar to the mark for Walt Disney’s Cinderella doll. Although the TTAB overturned the examiner’s …


Ua12/2/1 College Heights Herald, Vol. 94, No. 11, Wku Student Affairs Nov 2018

Ua12/2/1 College Heights Herald, Vol. 94, No. 11, Wku Student Affairs

WKU Archives Records

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. This issue contains articles:

  • DeLetter. Emily. Lawyer: Ruling Supports Right to Access Records in Suit Against College Heights Herald
  • Ziege, Nicole. Fit for a Facelift – Preston Health & Fitness Center
  • DeLetter, Emily. WKU Lacks Disabilities Plan in Active-shooter Scenario
  • Breu, Natasha. Food Service Class Provides Meals to Faculty & Staff
  • Nutter, Abbigail. Former Journalism & Broadcasting Director Selected as Contest Judge – Loup Langton
  • Allen, Ellie. Editorial Cartoon re; Donald Trump
  • Hovell, Nolan. How Much Do Words Matter in Politics?
  • Election Analysis: Impact of Attack Advertisements
  • Oh Rocky …


Vocational And Life Skills Monthly Data Update: November 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna Nov 2018

Vocational And Life Skills Monthly Data Update: November 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …


Elemental Analysis Of Adhesive Tapes By Laser-Based Methods, Claudia Martinez Lopez Oct 2018

Elemental Analysis Of Adhesive Tapes By Laser-Based Methods, Claudia Martinez Lopez

FIU Electronic Theses and Dissertations

Adhesive tapes are a common type of evidence involved in violent crimes and national security threats. This research evaluated the utility of LA-ICP-MS and LIBS for the characterization of the trace elemental signature in adhesive tapes for forensic comparisons. LA-ICP-MS and LIBS methods were developed, for the first time, for the qualitative and quantitative analysis of adhesive tapes.

The backings of 90 black electrical tapes, previously characterized by conventional techniques (physical examination, IR, Py-GC-MS, and SEM-EDS), were analyzed by LA-ICP-MS to evaluate the ability of the technique to discriminate samples originating from different sources and to associate pieces of tapes …


Political Action As A Function Of Grievances, Risk, And Social Identity: An Experimental Approach, Erin M. Kearns, Victor Asal, James Igoe Walsh, Christopher Federico, Anthony F. Lemieux Oct 2018

Political Action As A Function Of Grievances, Risk, And Social Identity: An Experimental Approach, Erin M. Kearns, Victor Asal, James Igoe Walsh, Christopher Federico, Anthony F. Lemieux

Criminology and Criminal Justice Faculty Publications

Why would individuals engage in or support contentious politics? This question is challenging to answer with observational data where causal factors are correlated and difficult to measure. Using a survey-embedded experiment, we focus on three situational factors: grievances, risk, and identity. We also explore how individual differences in sociopolitical orientations—social dominance orientation (SDO) and right-wing authoritarianism (RWA)—impact action. Grievances influence engagement in and support for protests. Risk influences engagement in protest, but not support for it. Regardless of condition, SDO and RWA help explain why some people engage in protest while others do not, particularly within the same context.


Wilfrid J. Waluchow: El Positivismo Incluyente Y El Constitucionalismo Del “Árbol Vivo” [Wilfrid J. Waluchow: Inclusive Legal Positivism And The Understanding Of Constitutionalism In The Living Three], Jorge Luis Fabra-Zamora Oct 2018

Wilfrid J. Waluchow: El Positivismo Incluyente Y El Constitucionalismo Del “Árbol Vivo” [Wilfrid J. Waluchow: Inclusive Legal Positivism And The Understanding Of Constitutionalism In The Living Three], Jorge Luis Fabra-Zamora

Journal Articles

Este artículo presenta los dos temas centrales de la filosofía del derecho de Wilfrid J. Waluchow –el positivismo incluyente y el constitucionalismo del “árbol vivo”– con una exposición crítica de sus principales tesis, los contextos en los que surgen y las principales objeciones y desaf íos a los que aún deben responder.

[This paper addresses the two main Wilfred J. Waluchow’s research interests on philosophy of law, namely Inclusive Legal Positivism and the Constitutionalism presented in The Living Tree. The author provides us with a critical exposition of Waluchow’s main theses and a proper background where Waluchow’s philosophy is set, …


Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb Oct 2018

Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb

Articles

Lost & Found is a game series, created at the Initiative for

Religion, Culture, and Policy at the Rochester Institute of

Technology MAGIC Center.1 The series teaches medieval

religious legal systems. This article uses the first two games

of the series as a case study to explore a particular set of

processes to conceive, design, and develop games for learning.

It includes the background leading to the author's work

in games and teaching religion, and the specific context for

the Lost & Found series. It discusses the rationale behind

working to teach religious legal systems more broadly, then

discuss the …


A General Mitigation For Disturbance-Driven Crimes?: Psychic State, Personal Choice, And Normative Inquiries, Paul H. Robinson Oct 2018

A General Mitigation For Disturbance-Driven Crimes?: Psychic State, Personal Choice, And Normative Inquiries, Paul H. Robinson

All Faculty Scholarship

It is argued here that the narrow provoked “heat of passion” mitigation available under current law ought to be significantly expanded to include not just murder but all felonies and not just “heat of passion” but potentially all mental or emotional disturbances, whenever the offender’s situation and capacities meaningfully reduce the offender’s blameworthiness for the violation. In determining eligibility for mitigation, the jury should take into account (a) the extent to which the offender was acting under the influence of mental or emotional disturbance (the psychic state inquiry), (b) given the offender’s situation and capacities, the extent to which one …


Runaway Jury: An Analysis Of State Laws Concerning Juror Impeachment, Brenda I. Rowe, Wesley S. Mccann Oct 2018

Runaway Jury: An Analysis Of State Laws Concerning Juror Impeachment, Brenda I. Rowe, Wesley S. Mccann

Criminology and Criminal Justice Faculty Publications

The no impeachment rule bars the admission into evidence of juror testimony regarding jury deliberations in proceedings questioning the validity of a verdict. In Pena-Rodriguez v. Colorado (2017), the U.S. Supreme Court created a constitutional exception to the no impeachment rule to allow impeachment of a verdict by a juror’s testimony regarding a fellow juror’s clear statement during jury deliberations indicating reliance on racial bias as a substantial motivating factor for that juror’s vote. This study traces the history of the no impeachment rule, analyzes the Court’s decision in Pena-Rodriguez v. Colorado (2017), examines variation in exceptions provided by states’ …


Justice And Capital Punishment, Marianne Warrington Oct 2018

Justice And Capital Punishment, Marianne Warrington

Student Writing

No abstract provided.


Vocational And Life Skills Monthly Data Update: October 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna Oct 2018

Vocational And Life Skills Monthly Data Update: October 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …


Badges And Bongs: Police Officers’ Attitudes Toward Drugs, Cody Jorgensen Oct 2018

Badges And Bongs: Police Officers’ Attitudes Toward Drugs, Cody Jorgensen

Criminal Justice Faculty Publications and Presentations

For unknown reasons, the research investigating police officers’ attitudes toward drug use is underdeveloped. One study, by Wilson, Cullen, Latessa, and Wills, has directly investigated police officers’ perceptions toward general vice crimes (including drug use) and perceived appropriate sanctions for committing these offenses. This article built upon that study. A survey measuring officers’ attitudes toward drugs was developed and used to gather data from a large metropolitan police department in the South. Responding officers displayed fairly serious and punitive attitudes toward drug offenses. In addition, they reported an interventionist attitude, believing that more can and should be done to control …


Implementation And Evaluation Of A Physical Activity And Dietary Program In Federal Incarcerated Females, Rosemary A. Johnson, Kerry A. Milner, Christine Heng, Anna E. Greer, Susan M. Denisco Oct 2018

Implementation And Evaluation Of A Physical Activity And Dietary Program In Federal Incarcerated Females, Rosemary A. Johnson, Kerry A. Milner, Christine Heng, Anna E. Greer, Susan M. Denisco

Nursing Faculty Publications

The purpose of this 3-month quasi-experimental pilot study was to examine the effect of a physical activity and dietary education program on body mass index (BMI) and resilience. Participants were given data-storing pedometers to record their physical activity, attended classes on healthy eating, and used portion control tools from http://ChooseMyPlate.gov . MyPlate usage and commissary purchases were collected weekly. BMI and resilience scores were measured at baseline, 6 weeks, and 12 weeks. Twenty-nine female prisoners completed the study. There was a statistically significant reduction in BMI after 12 weeks (χ2 = 7.56, p = .023) and resilience levels increased but …


Una Perspectiva Socio-Legal De La Ley 348: La Ley Para Garantizar A Las Mujeres Una Vida Libre De La Violencia / A Socio-Legal Perspective Of Law 348: The Law To Guarantee Women A Life Free Of Violence, Maya Anthony Oct 2018

Una Perspectiva Socio-Legal De La Ley 348: La Ley Para Garantizar A Las Mujeres Una Vida Libre De La Violencia / A Socio-Legal Perspective Of Law 348: The Law To Guarantee Women A Life Free Of Violence, Maya Anthony

Independent Study Project (ISP) Collection

Bolivia es un país con leyes muy progresistas para enfrentar la lucha contra la violencia contra las mujeres, pero en al mismo tiempo Bolivia tiene los más altos niveles de la violencia doméstica en Latinoamérica. Esta investigación va a enfocarse en la ley 348 “para garantizar a las mujeres una vida libre de la violencia”. En este ensayo voy a explorar cómo la ley 348 que fue redactada para proteger a las mujeres del sistema patriarcal, que es un sistema enraizado en el abuso, imposición a la sumisión, e intimidación a la mujer y, “una estructura institucional que impone prácticas …


Investigating Predictors Of True And False Guilty Pleas, Kelsey S. Henderson, Lora M. Levett Oct 2018

Investigating Predictors Of True And False Guilty Pleas, Kelsey S. Henderson, Lora M. Levett

Criminology and Criminal Justice Faculty Publications and Presentations

An estimated 90% to 95% of convictions are obtained via guilty pleas, and roughly 11% of individuals exonerated with the help of the Innocence Project falsely pleaded guilty (innocenceproject.org). Despite the prevalence of guilty pleas (and the existence of false guilty pleas), relatively little scholarship has examined what influences a defendant to plead guilty (Redlich, 2010). In this study, we investigated factors that affected whether guilty and innocent students who were accused of cheating pleaded guilty or took their case before the Student Conduct Committee in a hearing (analogous to a trial). Using social psychological literature on social influence (Cialdini …


Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, Helen David Oct 2018

Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, Helen David

Independent Study Project (ISP) Collection

This research aims to examine women’s divorce rights in Jordan examining the topic both through their legal rights as well as through the cultural challenges and stigma that divorced women face. The research is focused specifically on the rights of Muslim women, who have to file for divorce through the Shari’a court system, in Jordan that are Jordanian nationals. The literature used in the research provides background insight into Jordan’s tribal system, family law in Jordan, and psychological theories that relate to group therapy and self-efficacy in divorced women. The researcher hypothesizes that despite the many socio-economic and legal reasons …


Ua12/2/2 Talisman: Movement, Wku Student Affairs Oct 2018

Ua12/2/2 Talisman: Movement, Wku Student Affairs

WKU Archives Records

2018 Talisman yearbook.

  • Good, Hannah. Movement
  • Kinser, Nicholas. Tunnel Trap
  • Cozer, Claire. A Day in the Life of a Food Truck – Mike Wilson, Pop’s Street Eats
  • Fletcher, Griffin. Beauty in Power – WKU Women’s Rugby Club
  • Gordon, Zora. The Mixed Experience
  • Hornsby, Morgan. Bonfire
  • Waters, Adrianna. Mispoken – Communication Disorders
  • Chu, Phi. Home Base – Jessica Barks
  • Cooksey, Catrina. Rerouted – Sydney Clark, Austin Clark, Blake Perkins, Sheila Flener, Handicapped Persons
  • Good, Hannah. Not Safe for Work – Prostitution
  • Chu, Phi. Transfigured Night
  • Carter, De’inara. Passing the Plate – International Students, Recipes
  • Robb, Hayley. From Sole to Soul – …


The Logic Behind Suicide Terrorism And Its Connection To Islam, Sarah Minnick Oct 2018

The Logic Behind Suicide Terrorism And Its Connection To Islam, Sarah Minnick

Senior Honors Theses

The purpose of this thesis is to analyze suicide terrorism and to examine the logic behind it. The thesis will examine recent Islamic suicide terrorism and why it is so successful. This paper will also attempt to define suicide terrorism and explain how it functions.

The first half of this thesis reviews a short history of suicide terrorism to show the logic behind it. It will begin with the Old Testament and continue throughout history until the September 11, 2001 attacks on the World Trade Center in New York City. This thesis will discuss the motivation for terrorist organizations to …


Introduction, Shari S. Diamond, Richard O. Lempert Oct 2018

Introduction, Shari S. Diamond, Richard O. Lempert

Articles

Experts bedeviled the legal system long before seventeenth-century Salem, when the town's good citizens relied on youthful accusers and witchcraft experts to identify the devil's servants in their midst. As in Salem, claims of expertise have often been questioned and objections raised about the bases of expert knowledge. Expertise, then and now, did not have to be based on science; but the importance of science and the testimony of scientific experts has since medieval times been woven into the fabric of the English jurisprudence that Americans inherited. In cases as long ago as 1299 we find examples of courts seeking …


Originalist Theory And Precedent: A Public Meaning Approach, Lawrence B. Solum Oct 2018

Originalist Theory And Precedent: A Public Meaning Approach, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Much ink has already been spilled on the relationship of constitutional originalism to precedent (or, more specifically, the doctrine of stare decisis). The debate includes contributions from Randy Barnett, Steven Calabresi, Kurt Lash, Gary Lawson, John McGinnis with Michael Rappaport, Michael Paulsen, and Lee Strang, not to mention Justice Antonin Scalia—all representing originalism in some form. Living constitutionalism has also been represented both implicitly and explicitly, with important contributions from Phillip Bobbitt, Ronald Dworkin, Michael Gerhardt, Randy Kozel, and David Strauss. Some writers are more difficult to classify; Akhil Amar comes to mind. And there are many other contributions to …


Judicious Imprisonment, Gregory Jay Hall Sep 2018

Judicious Imprisonment, Gregory Jay Hall

All Faculty Scholarship

Starting August 21, 2018, Americans incarcerated across the United States have been striking back — non-violently. Inmates with jobs are protesting slave-like wages through worker strikes and sit-ins. Inmates also call for an end to racial disparities and an increase in rehabilitation programs. Even more surprisingly, many inmates have begun hunger strikes. Inmates are protesting the numerous ills of prisons: overcrowding, inadequate health care, abysmal mental health care contributing to inmate suicide, violence, disenfranchisement of inmates, and more. While recent reforms have slightly decreased mass incarceration, the current White House administration could likely reverse this trend. President Donald Trump’s and …


Hospital Mergers And Public Accountability: Tennessee And Virginia Employ A Certificate Of Public Advantage, Erin C. Fuse Brown Sep 2018

Hospital Mergers And Public Accountability: Tennessee And Virginia Employ A Certificate Of Public Advantage, Erin C. Fuse Brown

Faculty Publications By Year

No abstract provided.


Vocational And Life Skills Monthly Data Update: September 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna Sep 2018

Vocational And Life Skills Monthly Data Update: September 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …


The Noble Mentoring Potential Ceos Program: A Process To Develop Chiefs Of Police, Patrick Oliver Sep 2018

The Noble Mentoring Potential Ceos Program: A Process To Develop Chiefs Of Police, Patrick Oliver

History and Government Faculty Publications

The National Organization of Black Law Enforcement Executives (NOBLE) established a mentoring program for aspiring chief executive officers (CEOs) in July 2006 called the Mentoring Potential Chief Executive Officers (CEOs) Program. The concept is a mentoring model that will prepare law enforcement executives for leadership positions and improve their chances of effectively leading a law enforcement agency. Furthermore, the program’s primary goal is to help minority law enforcement aspiring executives overcome professional development and career progression challenges.