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Legal Studies

2015

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Articles 1 - 30 of 477

Full-Text Articles in Social and Behavioral Sciences

Touch Dna In A Complicated Alleged Child Abuse Case, Heather Miller Coyle Dec 2015

Touch Dna In A Complicated Alleged Child Abuse Case, Heather Miller Coyle

Forensic Science Publications

Touch DNA can be of use in establishing what may have occurred through reconstruction of events based on biological evidence transfer. However, interpretation of results and patterns must be approached with some caution as in the alleged child abuse case detailed here. This case was brought forward as a touch DNA and body fluid case where the male in question was a father reported to have forced a young child to perform oral sex on him. Her pajamas were collected and evaluated for presence of body fluids and associated DNA. The sleeves of the pajamas tested positive for amylase, a …


The Interactive Dynamics Of Transnational Business Governance: A Challenge For Transnational Legal Theory, Stepan Wood, Kenneth W. Abbott, Julia Black, Burkard Eberlein, Errol E. Meidinger Dec 2015

The Interactive Dynamics Of Transnational Business Governance: A Challenge For Transnational Legal Theory, Stepan Wood, Kenneth W. Abbott, Julia Black, Burkard Eberlein, Errol E. Meidinger

Journal Articles

Conflict, convergence, cooperation, competition and other interactions among governance actors and institutions have long fascinated scholars of transnational law, yet transnational legal theorists’ accounts of such interactions are for the most part tentative, incomplete and unsystematic. Having elsewhere proposed an overarching conceptual framework for the study of transnational business governance interactions (TBGI), in this article we propose criteria for middle-range theory-building. We argue that a portfolio of theoretical perspectives on transnational governance interactions should account for the multiplicity of interacting entities and scales of interaction; the co-evolution of social agency and structure; the multiple components of regulatory governance; the role …


White Faces In A Black Movement: Why Their Voices Matter, Chauncey L. Alcorn Dec 2015

White Faces In A Black Movement: Why Their Voices Matter, Chauncey L. Alcorn

Capstones

This story follows the lives of two white activists in New York's Black Lives Matter movement. It examines the largely ignored impact white activists have had on the BLM movement and also explores the history of white activists in the abolitionist and Civil Rights movements. The climax details a highly-publicized spat between rival Black Lives Matter organizations that happened during a Dec. 4 protest to commemorate the one-year anniversary of Officer Daniel Pantaleo's non-indictment in Garner's death. My main character, a white male, was blamed for causing the rift and was asked to step down from his leadership position in …


Search & Seizure: Historical Analysis Of The Fourth Amendment, Sarah Cummings Dec 2015

Search & Seizure: Historical Analysis Of The Fourth Amendment, Sarah Cummings

Honors Program Theses and Projects

This thesis is a legal analysis of the history of privacy law in the context of the Fourth Amendment. This historical analysis will focus on landmark United States Supreme Court cases involving searches and seizures from the 1886 Boyd v. United States case to the 2014 Riley v California case. Incorporated is the evolution of the Supreme Court’s analysis from the Trespass Doctrine to the Reasonable Expectation of Privacy Doctrine. Also included is how those doctrines have related to the evolution of technology. Finally, there is a discussion of the possible direction of future U.S. Supreme Court, Fourth Amendment privacy …


Institutional Consensus: A Comparative Analysis Of Rules Of Law In Lebanon And Somalia, Becca Ebert Dec 2015

Institutional Consensus: A Comparative Analysis Of Rules Of Law In Lebanon And Somalia, Becca Ebert

Politics & Government Undergraduate Theses

Situated within broader contexts of literature on the origin of rule of law, this paper analyzes the rules of law in Lebanon and Somalia and offers commentary on the relationship between weak states and the rule of law. Both divided states that succumbed to brutal civil wars, Somalia was able to foster a strong rule of law whereas Lebanon was not. Rule of law, in this analysis, requires a common conception of justice and institutions that embody these values. Following Paul Kahn’s prescription for a cultural study of law, this paper analyzes the emergence of social consensus and institutional congruence. …


How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson Dec 2015

How The Black Lives Matter Movement Can Improve The Justice System, Paul H. Robinson

All Faculty Scholarship

This op-ed piece argues that because the criminal justice system's loss of moral credibility contributes to increased criminality and because blacks are disproportionately the victims of crimes, especially violent crimes, the most valuable contribution that the Black Lives Matter movement can make is not to tear down the system’s reputation but rather to propose and support reforms that will build it up, thereby improving its crime-control effectiveness and reducing black victimization.


General Strain Theory And Bullying Victimization: Do Parental Support And Control Alleviate The Negative Effects Of Bullying, Jonathon Thompson Dec 2015

General Strain Theory And Bullying Victimization: Do Parental Support And Control Alleviate The Negative Effects Of Bullying, Jonathon Thompson

Theses and Dissertations

With growing reports of bullying victimization ranging from 8 percent to 46 percent in many countries, bullying victimization has been declared an international problem often affecting youth in or near one’s school with poor parental supervision. While there has been a growing body of research concerning bullying victimization, few studies have examined the collateral consequences of bullying victimization and the mediating role of family processes through the theoretical lens of general strain theory. This thesis attempts to shed light on such a complex social phenomena and contribute to the bullying and stress literature. This study posits that bullying victimization is …


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.


The Influence Of Gun Control Legislation On Rampage Shootings, Andrew D. Manor Dec 2015

The Influence Of Gun Control Legislation On Rampage Shootings, Andrew D. Manor

HIM 1990-2015

The United States has experienced several mass shootings in the past few years. It has been averaging one shooting every week in 2015, and something must be done about it. This problem appears to be limited to the United States since several other nations have been able to minimize, and almost eliminate the number of mass shootings. By taking an analysis of the gun laws of the United States with those of Australia and Canada it can be concluded that some aspects of strict gun control can reduce the number of mass shootings. Further, the United States should look at …


A Comparative Analysis Of The Usa Patriot Act Of 2001 To The Usa Freedom Act Of 2015: Balancing Security With Liberty, Richard L. Russo Dec 2015

A Comparative Analysis Of The Usa Patriot Act Of 2001 To The Usa Freedom Act Of 2015: Balancing Security With Liberty, Richard L. Russo

HIM 1990-2015

Freedom and safety are two ideals that American citizens value greatly; however, the balance between privacy and security determines whether or not both can be achieved in a reasonable manner. Security and privacy are not mutually exclusive; however, they tend to exhibit an inverse correlation with regards to maintaining individual liberties. Security and privacy are highly beneficial, but when one is given too much weight, the other most often suffers. When the United States citizens are given too much privacy through regulations, the citizens risk their well-being by not allowing the government the ability to prevent dangerous activities being done …


The Effectiveness Of Training For Correction Officers In The Performance Of Their Job, Victoria L. Farrell Dec 2015

The Effectiveness Of Training For Correction Officers In The Performance Of Their Job, Victoria L. Farrell

Criminal Justice

No abstract provided.


Tracking Enforcement Rates In New York City, 2003-2014. Report Presented To The Citizens Crime Commission., Preeti Chauhan, T. C. Warner, A. G. Fera, E. Balazon, O. Lu, M. Welsh, Jeremy Travis Dec 2015

Tracking Enforcement Rates In New York City, 2003-2014. Report Presented To The Citizens Crime Commission., Preeti Chauhan, T. C. Warner, A. G. Fera, E. Balazon, O. Lu, M. Welsh, Jeremy Travis

Publications and Research

"Our first report documented misdemeanor arrests in New York City and compared those trends to Upstate Cities in New York State (i.e., Albany, Buffalo, Rochester, Syracuse, and Yonkers) and the rest of New York State for over three decades. The first report, entitled Trends in Misdemeanor Arrests in New York, examined not only arrest rates but also examined charges, dispositions, and sentences. Our second report was entitled The Summons Report : Trends in the Issuance and Disposition of Summonses in New York City, 2003-2014. This report examined trends in issuance patterns by age and gender, charges, dispositions, and sentences. Similar …


A Qualitative Exploration Of A Massachusetts Drug Court: How Are The 10 Key Components Applied?, Isabel Pires Dec 2015

A Qualitative Exploration Of A Massachusetts Drug Court: How Are The 10 Key Components Applied?, Isabel Pires

Master’s Theses and Projects

With the overwhelming drug offense and policy changes that occurred in the 1980s, the criminal justice system was forced to create other methods of dealing with offenders suffering from substance abuse problems. Therefore, drug court was created as a diversion program. Drug court was first created in 1989 in Florida to offer a therapeutic method to assist offenders with substance abuse problems and criminal cases. The purpose of drug court was to prevent addicts from constant contact with the criminal justice system. Drug court professionals developed a guideline based on the therapeutic jurisprudence theory called the “10 key component”. The …


Predictors Of Texas Police Chiefs’ Satisfaction With Police-Prosecutor Relationships, Brenda I. Rowe Dec 2015

Predictors Of Texas Police Chiefs’ Satisfaction With Police-Prosecutor Relationships, Brenda I. Rowe

Criminology and Criminal Justice Faculty Publications

Although strain in police-prosecutor relationships may be built into the criminal justice system’s checks and balances, the administration of criminal justice can benefit from the adoption of practices which improve these working relationships. A first step towards the adoption of such practices can be taken by first adding to the knowledge base regarding this understudied topic. Using a survey of a state-wide sample of Texas police chiefs, this exploratory study identifies which aspects of police-prosecutor interaction styles are predictors of police chiefs’ satisfaction with police-prosecutor relationships. Results indicate that perceived level of police input in prosecutors’ plea bargain and charging …


High Resolution Melt Analysis Of Samples With Differential Dna Methylation To Identify Tissue Source Of Origin, Stephanie M. Ledgerwood Dec 2015

High Resolution Melt Analysis Of Samples With Differential Dna Methylation To Identify Tissue Source Of Origin, Stephanie M. Ledgerwood

Master's Theses

In Forensic Science casework, identifying the source of a tissue can assist in crime scene reconstruction. Currently, presumptive testing methods to identify tissue type are utilized in crime scene laboratories, but there is a need for a more reliable confirmatory test for tissue type identification. High Resolution Melt (HRM) analysis is an innovative technology that has the potential to determine tissue types through variations in DNA methylation patterns. Recently, DNA methylation patterns have been found to correspond with specific tissue types in particular regions of DNA. Two markers, B_SPTB_03 and DDX4 have been effective in differentiating sperm from other tissue …


Nowhere To Run; Nowhere To Hide: The Reality Of Being A Law Library Director In Times Of Great Opportunity And Significant Challenges, Michelle Wu, Pauline Aranas, Steven M. Barkan, Barbara Bintliff, Darin K. Fox, Penny A. Hazelton, Joan S. Howland, Spencer L. Simons, Keith Ann Stiverson Dec 2015

Nowhere To Run; Nowhere To Hide: The Reality Of Being A Law Library Director In Times Of Great Opportunity And Significant Challenges, Michelle Wu, Pauline Aranas, Steven M. Barkan, Barbara Bintliff, Darin K. Fox, Penny A. Hazelton, Joan S. Howland, Spencer L. Simons, Keith Ann Stiverson

Georgetown Law Faculty Publications and Other Works

This is an edited version of remarks presented at "'Nowhere to Run, Nowhere to Hide': The Reality of Being a Law Library Director in Times of Great Opportunity and Significant Challenges," January 5, 2015, at the Association of American Law Schools Annual Meeting, Washington, D.C.


South Africa, Gordon A. Crews, Sara K. Green Dec 2015

South Africa, Gordon A. Crews, Sara K. Green

Criminal Justice Faculty Publications and Presentations

Since the late 1990s, empirical evidence has strongly suggested a gradual increase in drug-related problems and substance abuse (illicit and prescription) in South Africa. Abuse of alcohol is still the primary issue, but other illegal drugs are a very close in any list of social ills for South Africa As in most parts of the world, issues and social problems associated with substance abuse continue to be exacerbated and perpetuated by socio-economic and developmental factors in South Africa. This issue is made worse by the fact that South Africa is one of the world’s largest producers of some illegal drugs …


Probation Officer Roles: A Statutory Analysis, Ming-Li Hsieh, Moana Hafoka, Youngki Woo, Jacqueline Van Wormer, Mary K. Stohr Dec 2015

Probation Officer Roles: A Statutory Analysis, Ming-Li Hsieh, Moana Hafoka, Youngki Woo, Jacqueline Van Wormer, Mary K. Stohr

Criminal Justice Faculty Publications and Presentations

There are a limited number of studies that explore the legally prescribed roles of probation officers. To address this, the current study employed a statutory analysis to examine how probation officer roles have changed over the past 30 years, identifying which tasks and roles are statutorily mandated for probation officers. Findings indicate that there is an emergence of a "case manager" approach in the legally prescribed roles for probation officers in many states, even though law enforcement-oriented tasks are slightly more prescribed by law than rehabilitation-oriented tasks.


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 …