Social and Behavioral Sciences Commons^™

Bargaining In The Shadow Of The Truth: How Client Assertion, Perception Of Guilt, And Predictive Inaccuracy Influence Plea Recommendations, Anna D. Vaynman

Dissertations, Theses, and Capstone Projects

Over the past few decades, the largely hidden, secretive, and widely used system of plea bargaining has caught the fervent attention of scholars. The Shadow of the Trial model has been central to much of the plea-bargaining literature, despite significant critiques about its oversimplification. The model posits that defendants and their attorneys make plea decisions based largely on the estimated probability of conviction and the severity of the sentence to which the defendant could be exposed at trial.

The model, however, assumes that all actors are rational, equally risk averse, have no competing interests, and possess high predictive accuracy. It …

The Artistry Of Mediation: A Look At Mediation’S Effectiveness For Resolving Cross-Cultural Disputes Through The Leonardo Da Vinci Conflict Between France’S Louvre Museum And Italy’S Uffizi Gallery, Sophia D. Casetta

Pepperdine Journal of Communication Research

Art is powerful, as it symbolizes the history and identity of the country that claims it. However, through timely transitions, such as trade and wars, the ownership of meaningful artworks blurs, with museums fighting to claim their heritage to put on honorable display for their people. Mediation can be a peaceful means to resolve art ownership disputes, as it accounts for respecting the individual cultures of the countries represented in the dispute. Using the key medication traits described within this essay, a prepared mediator involved in such a cross-cultural conflict should be able to help resolve the issue at hand. …

A New Atticus Is Afoot: The Portrayal Of Lawyers In Popular Culture, Anna Thrush

Senior Theses

This project analyzes the stereotypical image of lawyers in popular culture, focusing on either overly demonic or unrealistically heroic. Both stereotypes that are common portrayals of attorneys in popular culture are unrealistic and deny society a true comprehension of the profession. Popular culture has molded the image of lawyers to the characteristics that sell, rather than focusing on a realistic portrayal. Therefore, popular culture creates a falsely dramatized image of attorneys to generate revenue, putting the reputation and future of the profession as risk. These stereotypes are exemplified in this project through a close literary analysis of lawyer characters from …

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy and Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

Science, Technology, Society, And Law, Paolo Davide Farah, Justo Corti Varela

Book Chapters

Traditionally, science and technology have been granted as sources of knowledge and objective truth. However, much more recently, they are also seen as human activities, conducted in a social environment. This new approach focuses on the intersections between science, technology and society, and particularly their regulation by the law. Concerns on how to best regulate the interaction come up in modern societies, and when either their use or their impacts are global, international law and international organizations become involved. The impact of the fourfold relation is so high that science and technology are seen as one of the reasons for …

The Interlinkages Science-Technology-Law: Information And Communication Society, Knowledge-Based Economy And The Rule Of Law, Giovanni Bombelli, Paolo Davide Farah

Book Chapters

This chapter focuses on the circular and complex relationship between science, technology, society, and law. The technology/society connection focuses on the democratic deficit issue. The democratic deficit would be a consequence of the lack of adaptability of western democracy to complex (information) societies, where technology (and the increasing access to data that it permits) is separating the connection between information and knowledge (as well as the classical legitimacy couple of democracy-truth) moving these societies towards a technocracy. On one hand, the technology-law circle deals with the progressive reduction of law to a normative technique (since the law is always late …

The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela

Book Chapters

Different visions on the interaction between science, technology, policy and law have been presented. As common axe, we can detect the continuous search for truth and justice. Science and Law as social constructs, the distinction between truths and opinions through procedural method based on evidence and rationality, or how natural science “things” became facts, and consequently “truth”, are examples of this search. The evidence-gathering process that integrates scientific evidence into trial (sometimes by procedure and other times by a more substantive approach) is another possible approach. Of course, that the game of mutual influence among the four elements creates contradictions …

Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson

The Scholar: St. Mary's Law Review on Race and Social Justice

This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with whether to …

Roadblocks To Access: Perceptions Of Law And Socioeconomic Problems In South Africa, Kira Tait

Doctoral Dissertations

My dissertation explores ordinary Black South Africans' perceptions of the law and how these perceptions impact their views of the desirability and appropriateness of appealing to courts when they have problems accessing constitutionally guaranteed services. Specifically, I study why people choose not to use courts to secure access to water, healthcare, education, and housing when it is both legal and possible to do so. Since it transitioned to democracy, South Africa has become one of the leaders of socioeconomic rights protection through courts. It is globally recognized for its progressive constitution buttressed by an expansive system of rights and a …

Playing At The Crossroads Of Religion And Law: Historical Milieu, Context And Curriculum Hooks In Lost & Found, Owen Gottlieb

Articles

This chapter presents the use of Lost & Found – a purpose-built tabletop to mobile game series – to teach medieval religious legal systems. The series aims to broaden the discourse around religious legal systems and to counter popular depiction of these systems which often promote prejudice and misnomers. A central element is the importance of contextualizing religion in period and locale. The Lost & Found series uses period accurate depictions of material culture to set the stage for play around relevant topics – specifically how the law promoted collaboration and sustainable governance practices in Fustat (Old Cairo) in twelfth-century …

Hiding Sexual Harassment: Myths And Realities, Pat K. Chew

Articles

Hiding Sexual Harassment: Myths and Realities

Nevada Law Journal, Vol. 21, p. 1223, 2021

Sexual harassment and gender disparities in the workplace continue, but we are not paying enough attention. The heralded me-too movement and the publicized downfalls of Harvey Weinstein, Bill Cosby, and other former luminaries might give the impression that the lid is blown off the indignities of harassment in the workplace and that American society’s collective disdain and abhorrence of harassment has quickly put an end to these incivilities. But these headline cases are just the tip of the sexual harassment iceberg; they may even give us …

News Literacy Skills Among Undergraduate Law Students In The Age Of Infodemic, Jibran Jamsheed Mr., Salman Bin Naeem Dr.

Library Philosophy and Practice (e-journal)

Objectives: The objective of this study is to identify the news literacy skills of law students, their ability to encounter fake news, as well as their news sharing behavior.

Research Methodology: A survey was conducted in two public sector universities of South Punjab i.e. The Islamia University of Bahawalpur and the Bahauddin Zakariya University of Multan. The population of the study comprised of undergraduate law students of the participating universities. The three-part questionnaire was used to collect the data on demographic information, perceived news literacy skills, and news sharing behavior. The collected data were analyzed using a statistical …

Destigmatizing Disability In The Law Of Immigration Admissions, Medha D. Makhlouf

Faculty Books

Chapter Abstract

In U.S. immigration law, disability has historically been associated with deviance, and has served as the basis for legal barriers to entry and eventual citizenship. For example, immigrants with actual and perceived physical and intellectual disabilities, mental illness, and other health conditions have been deemed “inadmissible” to the United States based on the belief that they are likely to become dependent on the government for support. Although the law has evolved to accommodate immigrants with disabilities in some ways, significant legal barriers still exist on account of the widespread, persistent characterization of disability as a “bad difference” from …

Neoliberalism, Violence And Capital Accumulation, Reem M. El Barbary

Theses and Dissertations

This dissertation looks into the violent, self-serving legal (neocolonial) order that revolves around wealth accumulation and the defense and sustainability of the status quo. The starting point and core idea that guides my discussion is the “redemptive” ideological framework and commitment to free market economies and profit-making. I thus look into the narratives upon which an alliance between development, progress, human rights and neoliberalism rests, in a manner that limits and restricts involvement and action; and normalizes and legitimizes suffering, ill-doing and irresponsibility through law. I examine the interdisciplinary and multilayered reality of repression that state sponsored, and supported, bodies …

An Essential Service: Public Libraries And Their Role In Law And Society, Graham Reynolds

All Faculty Publications

On March 16, 2020, in order to help slow the spread of COVID-19, the City of Vancouver closed all of its public library branches. I experienced these closures on a number of different levels: as a Vancouver resident who loves to read and to visit libraries, as the partner of an avid reader, as the father of a four and a half year old who is as excited about the prospect of trips to the library to pick up “fresh books” as he is with the chance to practice riding his pedal bike through the neighborhood, and, among other identities, …

Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran

Political Science Honors Projects

It is now a fixture of mainstream commentary in the United States that Supreme Court Justice Ruth Bader Ginsburg has become a popular idol on the political left. Yet, while Justice Ginsburg’s image and story has reached an unprecedented level of valorization and even commercialization, scholars have yet to give sustained attention to the phenomenon and to contextualize it: why has this idolization emerged within this context, and what is its impact? This paper situates her portrayal in the cultural imagination as the product of two political forces, namely partisanship and identity politics. Considering parallel scholarly discourses of reputation, celebrity, …

Reclaiming The Intellectual, Emily M.S. Houh

Ohio Northern University Law Review

No abstract provided.

Constraint And Control, Patricia Ayres

Theses and Dissertations

I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.

Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head

Dissertations, Theses, and Capstone Projects

Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute power …

The Communications Decency Act: Immunity For Internet-Facilitated Commercial Sexual Exploitation, Haley C. Halverson

Dignity: A Journal of Analysis of Exploitation and Violence

This paper reviews the original intent and historical application of the Communications Decency Act (CDA), most notably Section 230, with special regard to cases of Internet-facilitated commercial sexual exploitation. Although the CDA was originally created to protect children online, Section 230 of the CDA has been interpreted by the courts to grant broad immunities to websites facilitating the sexual exploitation of children and adults alike. Through analyzing the genesis and evolution of the CDA, it becomes clear that court interpretations of Section 230 are starkly inconsistent with original Congressional intent, and that the primary way to avoid de facto decriminalization …

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.

Donna M. Hughes

Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.

Donna M. Hughes

Law-Based Arguments And Messages To Advocate For Later School Start Time Policies In The United States, Clark J. Lee, Dennis M. Nolan, Steven W. Lockley, Brent Pattison

Homeland Security Publications

The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how …

Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively

Master of Public Administration Practicums

In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical …

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

The Prospects For Change: The Question Of Justice In A Law & Society Framework, Michael W. Raphael

Graduate Student Publications and Research

What is the law and society framework and where has it gotten us? A student in a classroom might raise their hand and offer "understanding legal pluralism" as a possible answer. However, the conceptual problem with legal pluralism is the coexistence of potentially conflicting bases of justification. Given this, desiring to understand how the law shapes the structural underpinnings of whichever "legal" phenomena and its "ongoing transformation", is nevertheless an immense achievement that stops short of its underlying goal – the achievement of human dignity through human rights. For example, to talk about 'multi-stakeholder consultations' and other pithy phrases that …

Ri Should Target Sex Buyers, Donna M. Hughes Dr.

Donna M. Hughes