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Legal Studies

2009

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Articles 1 - 30 of 263

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 …


Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version5 By Marc Guerrero With Tato Malay, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version5 by Marc Guerrero with Tato Malay


Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version3 By Marc Guerrero With Jay Fajardo, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version3 by Marc Guerrero with Jay Fajardo


Manifest Greatness Version2 With Danielle Van Asch-Prevot, Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness Version2 With Danielle Van Asch-Prevot, Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS version2 by Marc Guerrero with Danielle van Asch-Prevot


Manifest Greatness... Panahon Ng Mga Filipino Ang 21st Century: Ang Asian Century (Ang Pagpapanumbalik Sa Likas Na Karangalan Ng Lahat Ng Filipino Sa Buong Mundo), Emmanuel Mario B. Santos Aka Marc Guerrero Dec 2009

Manifest Greatness... Panahon Ng Mga Filipino Ang 21st Century: Ang Asian Century (Ang Pagpapanumbalik Sa Likas Na Karangalan Ng Lahat Ng Filipino Sa Buong Mundo), Emmanuel Mario B. Santos Aka Marc Guerrero

Emmanuel Mario B Santos aka Marc Guerrero

MANIFEST GREATNESS Panahon ng mga Filipino ang 21st century: Ang Asian Century (Ang pagpapanumbalik sa likas na Karangalan ng lahat ng Filipino sa buong mundo) Manifest Greatness is a work-in-progress Manifesto of, for and by Filipino citizens of the world in synergy with foreign national friends of the Filipino people worldwide in pursuit of genuine entrepreneurial wisdom


Hobbes: Caos De La Conepción Liberal, Alejandro Pérez Y Soto Dominguez Dec 2009

Hobbes: Caos De La Conepción Liberal, Alejandro Pérez Y Soto Dominguez

Alejandro Pérez y Soto Dominguez

Nos proponemos examinar los conceptos que configuran la organización social desde la perspectiva del caos en el contexto liberal. La metáfora del caos remite a la idea de la cooperación social en donde el reconocimiento de los deseos privados constituye la base del bien común. De esta manera se parte de suponer la condición del conocimiento que tienen los individuos de la situación caótica en la sociedad civil.


Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne Oct 2009

Szerződésértelmezés Hermeneutika És Jogpolitika Között. A Contra Proferentem Szabály [Contract Interpretation Between Hermeneutics And Policy: The Contra Proferentem Rule], Péter Cserne

Péter Cserne

This paper discusses why contract interpretation is substantially different from the interpretation of literary works and illustrates the argument with the analysis of the contra proferentem rule. It is a substantially revised version of my ‘Policy considerations in contract interpretation: the contra proferentem rule from a comparative law and economics perspective’ (2009)


Victory In Rhode Island, Donna M. Hughes Dr., Michael Horowitz Oct 2009

Victory In Rhode Island, Donna M. Hughes Dr., Michael Horowitz

Donna M. Hughes

In stunning culmination of a David-Goliath struggle that, at least until lately, few believed the David side had the slightest chance of winning, the Rhode Island legislature enacted three major anti-trafficking bills last night that the Governor will soon sign into law. 


The Effect Of The Method Of Execution On Sentencing Determinations In Capital Cases, Adam G. Fera Oct 2009

The Effect Of The Method Of Execution On Sentencing Determinations In Capital Cases, Adam G. Fera

Theses and Dissertations

The United States has had different methods of execution throughout its history, some of which are viewed to be more humane by the public. The most recent switch was from electrocution to lethal injection. This study is a look at the effect the method of execution on a juror's decision between life and death in capital cases. To this end, data collected by the Capital Jury Project Phase I were statistically analyzed controlling for case-level and demographic variables. The method of execution was found to have a statistically significant effect on the jurors' decision.


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 …


New Practices Of Affirmative Action, Chandan Gowda Oct 2009

New Practices Of Affirmative Action, Chandan Gowda

Chandan Gowda

No abstract provided.


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


Examining The "Csi-Effect" In The Cases Of Circumstantial Evidence And Eyewitness Testimony: Multivariate And Path Analyses, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak Sep 2009

Examining The "Csi-Effect" In The Cases Of Circumstantial Evidence And Eyewitness Testimony: Multivariate And Path Analyses, Hon. Donald E. Shelton, Young S. Kim, Gregg Barak

Hon. Donald E. Shelton

As part of a larger investigation of the changing nature of juror behavior in the context of technology development, this study examined important questions unanswered by previous studies on the “CSI-effect.” In answering such questions, the present study applied multivariate and path analyses for the first time. The results showed that (a) watching CSI dramas had no independent effect on jurors' verdicts, (b) the exposure to CSI dramas did not interact with individual characteristics, (c) different individual characteristics were significantly associated with different types of evidence, and (d) CSI watching had no direct effect on jurors' decisions, and it had …


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 …


Cook County Sheriff's Reentry Council Newsletter, Sept. 2009, David E. Olson Aug 2009

Cook County Sheriff's Reentry Council Newsletter, Sept. 2009, David E. Olson

David E. Olson

No abstract provided.


Speak Your Voice On Prostitution Bill, Donna L. Landry, Donna M. Hughes Dr. Aug 2009

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

Donna M. Hughes

Now is the time to speak your voice and urge your Senator to pass the House bill H5044A. Now is the time to close the loophole of indoor prostitution in Rhode Island. Negotiations are ongoing, so please write letters to your senator and circulate petitions now. 


Tattoos Of Girls Under Pimp Control & Pimp Rules For The Control Of Victims, Donna M. Hughes Dr. Aug 2009

Tattoos Of Girls Under Pimp Control & Pimp Rules For The Control Of Victims, Donna M. Hughes Dr.

Donna M. Hughes

I have been collecting evidence of pimps’ practice of tattooing victims for several years. Tattooing, and sometimes branding or scarification, are marks of ownership. It is one of the ways that pimps maintain physical and psychological control over emotionally vulnerable girls. The girls and young women are frequently tattooed with the initials or street names of pimps. Marks also include gang symbols and $ signs or other symbols for the money the girls earn for the pimp. 


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 …


Rhode Island Left Out Of Fbi Initiative, Donna M. Hughes Dr. Aug 2009

Rhode Island Left Out Of Fbi Initiative, Donna M. Hughes Dr.

Donna M. Hughes

Rhode Island has been excluded from federal law enforcement investigations of sex trafficking of children because there is no law against prostitution.


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)


Examining Attitudes And Perceptions Of Sexual Harassment On A University Campus: What Role Do Myths And Stereotypes Play?, Courtney Crittenden Aug 2009

Examining Attitudes And Perceptions Of Sexual Harassment On A University Campus: What Role Do Myths And Stereotypes Play?, Courtney Crittenden

Masters Theses and Doctoral Dissertations

The attitudes reflecting the apathy our society feels toward sexual harassment is indicated throughout our culture. Many studies focusing on attitudes toward sexual harassment and attitudes toward women have shown the need for continued research. The current study examined attitudes toward sexual harassment and compared them to other attitudes toward women and rape myth acceptance because of increasing evidence that these attitudes are complex and require further study. Three research questions were sought to be answered through this research: 1) Does sexual harassment education/training have an affect on respondent’s acceptance of sexual harassment; 2) Do male and female respondents hold …


An Assessment Of Democratic Policing In The Turkish National Police: Police Officials' Attitudes Toward Recent Police Reforms, Akin Karatay Aug 2009

An Assessment Of Democratic Policing In The Turkish National Police: Police Officials' Attitudes Toward Recent Police Reforms, Akin Karatay

Dissertations

This study defines democracy, describes democratic policing, analyzes the development of democratic policing principles in the developing country of Turkey and contends that democracy can be enduring only when the police embody democratic values. As Turkey transforms itself in order to become a member of the European Union, the process has fostered national, institutional, cultural and socioeconomic adaptations, all of which lead towards democracy. This process has influenced the Turkish National Police (TNP) as well. In theory, these efforts towards political democratization, legal reform and the adoption of European Union police policy guidelines should have a positive effect on Turkish …