Social and Behavioral Sciences Commons^™

Research Project Poster Presentation: Cultural Normalization Of Risk?: Exploring Brain Injury In The National Football League Using Sociocultural Analysis, Ali V. Willing, Jafra D. Thomas

Kinesiology and Public Health

Background. This presentation began as an undergraduate end-of-term course project focused on sport, media, and American popular culture (April to June 2023). The poster presentation was originally presented at the 2023 annual conference of the Southwest Chapter of the American College of Sports Medicine (SWACSM), following peer-review acceptance of the project summary statement (i.e. abstract) for conference presentation.

Purpose. The presentation is published here to Cal Poly Digital Commons as a resource to future students and professionals studying topics covered in the presentation (e.g. sociological theories, cultural values and risks, sports ethic).

Resources. This webpage has several resources described below. …

Paramilitary Model And Civilian Employee’S Impression Of Law Enforcement, Deanna Vue

Master of Arts in Criminal Justice Leadership

Law enforcement agencies have long been facing a leadership crisis. Much of law enforcement organizational structure and leadership have been focused solely on police officers. Law enforcement leaders forget these traditional models and rigid structure also affect civilian personnel. The chain of command serves to streamline communication, not to facilitate unchecked behavior. However, many law enforcement leaders continue to rely on the chain of command for everything from mentoring, to coaching, to evaluation. Civilians may feel they are treated unequally and suffer from an unbalanced psychological injury. Some may consider it blasphemous to change the traditional organizational structure of law …

Antitrust Philosophy And Its Impact On Rural Industry, Logan Gary Johnson

Honors Thesis

The United States is a nation steeped in values, and tradition. One of these values has always been the preservation of competition in the pursuit of liberty. The philosophical backing of America’s founding can be traced back to a handful of European thinkers, most notably John Locke. The connection between Locke, America’s founding, and continued struggles with antitrust enforcement are worthy of exploration. Though likely unintentional, rural communities have been left to deal with the impacts of weak antitrust enforcement in a number of key sectors. Chief of which is Agriculture. Consolidation is the new norm, with each stage of …

Mental Disorder And Criminal Law, Stephen J. Morse

All Faculty Scholarship

Mental disorder among criminal defendants affects every stage of the criminal justice process, from investigational issues to competence to be executed. As in all other areas of mental health law, at least some people with mental disorders, are treated specially. The underlying thesis of this Article is that people with mental disorder should, as far as is practicable and consistent with justice, be treated just like everyone else. In some areas, the law is relatively sensible and just. In others, too often the opposite is true and the laws sweep too broadly. I believe, however, that special rules to deal …

Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger

Political Science Faculty Publications

In recent years, the counterintuitive claim that criminals consent to their own punishment has been revived by philosophers who attempt to ground the justification of punishment in some version of the social contract. In this paper, I examine three such attempts—“contractarian” essays by Christopher Morris and Claire Finkelstein and an essay by Corey Brettschneider from the rival “contractualist” camp—and I find all three unconvincing. Each attempt is plausible, I argue, but its plausibility derives not from the appeal to a social contract but from considerations of fair play. Rather than look to the social contract for a justification of punishment, …

A Moral Investigation Of Torture In The Post 9.11 World, Joe Moloney

Undergraduate Review

The field of philosophy is unique, as it allows one to logically examine issues in all disciplines, from science to politics to art. One further important discipline that philosophy examines is criminal justice. In this respect, one approach philosophy can take when examining criminal justice is to assess each issue by questioning its morality—that is, whether an action within the issue is right or wrong based upon a system of ethics. This approach concerns the subfield of philosophy known as ethics, a subfield that includes questions concerning what is morally good and morally bad. When one is faced with an …

The Inevitability Of Conscience: A Response To My Critics, David Luban

Georgetown Law Faculty Publications and Other Works

This essay by Professor David Luban is written in response to critics of his book, Legal Ethics and Human Dignity.

In part I Professor Luban addresses the primacy that he assigns conscience over the professional role and focuses mainly on the arguments of his critics, Professors Norman Spaulding and W. Bradley Wendel. Part II explores the challenge of pluralism, replying primarily to Professors Katherine Kruse, Spaulding, and Wendel. Part III, in response to Professors Kruse and William Simon, elaborates on the concept of human dignity. Part IV discusses institutions and ethics, focusing on Professors Susan Carle and Simon. The …

Judicial Selection: Ideology Versus Character, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Part I of Judicial Selection: Ideology versus Character sets the stage for an argument that character and not political ideology should be the primary factor in the selection of judges. Political ideology has played an important role in judicial selection, from John Adams's entrenchment of federalists as judges after the election of 1800 to the Roosevelt's selection of progressives, liberals, and New Dealers, the contemporary era, from the failed nominations of Fortas, Haynsworth, Carswell to the defeat of Robert Bork, the narrow confirmation of Clarence Thomas. But until recently, political ideology has played its role behind the scenes--mostly off the …

Comment On Maccormick, William Ewald

All Faculty Scholarship

No abstract provided.

Beyond Religion And Enlightenment, Charles Larmore

San Diego Law Review

This Article addresses the theory that modern society is beyond religion. The author reasons that secularization is the result of Judeo-Christian monotheism. God's transcendence has led to his withdrawal from the world and thus to the autonomy of the world. The author analyzes such views and addresses the reasons for morality in modern society; whether it stems from belief in God, or a modern view that God is not necessary in order to have morality.

The Moral Quality Of The Criminal Law, Paul D. Carrington

Articles by Maurer Faculty

No abstract provided.

Book Review. Law And Morality By Leon Petrazycki, Wencelas J. Wagner

Articles by Maurer Faculty

No abstract provided.

Nature Of Legal Rights And Duties, Joseph W. Bingham

Michigan Law Review

One cannot long talk on a legal topic without using the words right and duty or some synonyms. It is familiar hearsay that a purpose of law is to create, delimit, and protect rights and to define and enforce duties. Therefore it is of importance to inquire what is meant by "a right" and by "a duty" when we use these terms in legal discussion. The question is a linguistic one; but in the process of finding the proper answer, we shall have to analyze some of our common sorts of mental concepts and perhaps shall finish with a clear …