Social and Behavioral Sciences Commons^™

Taking Distribution Seriously, Robert C. Hockett

Robert C. Hockett

It is common for legal theorists and policy analysts to think and communicate mainly in maximizing terms. What is less common is for them to notice that each time we speak explicitly of socially maximizing one thing, we speak implicitly of distributing another thing and equalizing yet another thing. We also, moreover, effectively define ourselves and our fellow citizens by reference to that which we equalize; for it is in virtue of the latter that our social welfare formulations treat us as “counting” for purposes of socially aggregating and maximizing. To attend systematically to the inter-translatability of maximization language on …

Crime Control, Due Process, & Evidentiary Exclusion: When Exceptions Become The Rule, Elizabeth H. Kaylor

Proceedings of the New York State Communication Association

This paper uses the dichotomy between Herbert Packer’s (1968) two models of criminal justice advocacy – “crime control” and “due process” – as a rhetorical paradigm for understanding policy debate about the exclusion of relevant evidence at trial. Understanding the opposition between crime control and due process advocates as a rhetorical controversy, in which commonly-used ideographs camouflage dramatically different constructions of the concepts at stake, helps to illuminate the way each side mobilizes public support for their narrative of doing . While both the exclusionary rule (which prohibits the use of illegally-obtained evidence in criminal cases) and the “fruit of …

Haydn Doren's Defense In The Court Of The Jarl Of Whiterun, Balgruuf The Greater, Ryan W. Selfridge

Student Publications

This paper is a look at an American Mock Trial Association scenario placed in the world of Skyrim. The piece applies legal concepts regarding forming narratives in the courtroom, something that is absolutely necessary to a jury trial. The unique scenario the trial was held in facilitated the explanation of the rules of evidence in the footnotes, and illustrates how the evidence was admitted to the court.

Procedural Postures: The Influence Of Legal Change On Strategic Litigants And Judges, Morgan Willey Hazelton

All Theses and Dissertations (ETDs)

A wealth of scholarship indicates that rational individuals should modify their actions to maximize benefits as conditions change. Participants in litigation are faced with a multitude of opportunities to make decisions regarding if and how they will engage the legal system. Despite this fact, the potential for strategic behavior by litigants is often ignored by researchers due to difficulties in capturing such activity. To the extent that existing studies have focused on outcomes to the exclusion of litigant behavior, they have potentially produced biased results in considering the impact of changes in law, such as Supreme Court decisions. Thus, in …

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …

Press Definition And The Religion Analogy, Ronnell Andersen Jones

Faculty Scholarship

n a Harvard Law Review Forum response to Professor Sonja West's symposium article, "Press Exceptionalism," Professor RonNell Andersen Jones critiques Professor West's effort to define "the press" for purposes of Press Clause exceptions and addresses the weaknesses of Professor West's analogy to Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC in drawing these definitional lines. The response highlights distinctions between Press Clause and Religion Clause jurisprudence and urges a more functional approach to press definition.

U.S. Immigration: The Origins And Evolution Of Contemporary Issues And The Architecture Of Future Reform, Andrew Beaule

Honors Theses

In 1965, the United States Congress passed the Immigration and Nationality Act, attempting to remove racial, religious, and cultural discrimination from the immigration system. However, the infamous act and subsequent legislation have caused unintended consequences. Illegal immigration has skyrocketed despite a massive increase in border enforcement; and Central Americans, particularly Mexicans, have become the target of racial and cultural discrimination, much like the Southern European immigrants of the early 1900s. The current immigration system still relies on the framework passed nearly 50 years ago, proving to be insufficient for contemporary United States. This thesis investigates the historical patterns in immigration …

The Shadows Behind The Law: An Overview Of The Legal System In Ghana, Prince Opoku Agyemang

Prince Opoku Agyemang

Indigenous Women, Mother Tongues, And Nation Building In New England: A Tribal Policy Leadership Series, Amy Den Ouden, Chris Bobel

Office of Community Partnerships Posters

In collaboration with the Wôpanâak Language Reclamation Project (WLRP), Indigenous women educators and leaders, the Dept. of Women’s and Gender Studies is redesigning WOST/WGS 270, Native American Women in North America, to incorporate a lecture series on nation building and a semester-long community engagement project fostering student leadership in a research and policy formation project focused on legislating and funding a Native American language education law in Massachusetts.

Holding Rhode Island Strip Club Owners Accountable, Donna M. Hughes Dr.

Donna M. Hughes

For almost 30 years (1980-2009) there were no laws against indoor prostitution in Rhode Island. During that time, being an owner of a strip club where prostitution occurred in the private booths or being a landlord for a massage parlor that was really a brothel were shady, but legal, ways to make money. During the same time, there was no comprehensive law against human trafficking and there was no law banning underage girls from stripping in the clubs.

Gender And Divorce In Contemporary Singapore, Shirley Hsiao-Li Sun

Shirley Hsiao-Li SUN

How do individuals perceive and experience divorce in a self-proclaimed Confucian state, but with a legal system based on the English common law system? Moreover, are there differences in the experiences between divorced women with professional careers and divorced men whose ex-wives are professional women? This paper attempts to address these questions in the context of Singapore, a city-state in Southeast Asia, where more than 70% of the citizenry is Singaporean Chinese. While most existing studies have examined women’s and men’s experiences with divorce separately, we compare and contrast these individuals’ experiences in the same cultural and legal context. We …

Legislator Judges: The Warren Court And Justices' Use Of State Or International Policies In Criminal Procedure Cases, John R. Hermann

Political Science Faculty Research

The Warren Court went to great lengths to expand criminal defendants' rights, and in doing so it frequently relied on state majoritarian institutions' policies or international norms to accomplish its goals. The Court and justices were almost twice as likely to use state laws than international policies in their reasoning. The Court was also almost two-and-a-half times more likely to use state or international policies in its rationale when deciding in favor of the criminal defendant in relation to the state's interest.

No Blood In The Water: The Legal And Gender Conspiracies Against Countess Elizabeth Bathory In Historical Context, Rachael Leigh Bledsaw

Theses and Dissertations

This thesis explains and discusses the conspiracies reported against the Hungarian noblewoman, Countess Elizabeth Bathory, regarding her confinement and the arrest of her accomplices in December 1610. The conspiracies state that the Countess was unjustly targeted and charged not because she was guilty of the deaths of several dozen girls from torture, but because she represented a threat to the Hapsburg Empire due to her wealth, her political influence, and her widowhood. This thesis explores the rationality of these two conspiracies using historical context regarding the position of noblewomen in Central and Eastern Europe and the function and use of …

Forum Proceedings From “Uavs: Pros Vs Cons Symposium” In Toronto, Canada, June 2013, Katina Michael

Associate Professor Katina Michael

Unmanned Aerial Systems (UAS), widely referred to as drones, are becoming increasingly relevant in civilian as well as military applications. UAS have been used by emergency services to help respond to and map environmental crises, to find missing people, to fight fires, and respond to traffic accidents. Their use in policing and border patrol functions is being trialled in many Western countries. Like other recent technologies (mobile phones etc), as they become cheaper and easier to use, they are likely to become much more prevalent in civilian life across a range of applications.

This conference will examine the current state …

Terrorism, International., Jibey Asthappan

Criminal Justice Faculty Publications

International terrorism is a relatively new phenomenon considering the age of terrorism. Terrorism has been used for over 2,000 years, but international terrorism as we know it today was made possible by technological advances. This entry begins by reviewing pivotal historical events that led to terrorism's use, as well as the underlying reasons for terrorism today. The article then discusses the influence of political stability and culture on international terrorism. Finally, a brief discussion of counter-terrorism strategies highlights the means by which terrorism is prevented.

The End Of The Pipeline: A Journey Of Recognition For African Americans Entering The Legal Profession [Review Of The Book], La Loria Konata

University Library Faculty Publications

No abstract provided.

Hegemonic Masculinity And Misconceptions Of Gender And Mental Health In Violent Criminality, Mina Dailami

Honors Papers

The present research investigates how masculine dominance in the criminal justice system is upheld through misleading media representations of violent criminality in women as predicated upon masculine traits or mental illness and masculine Identity Protection Cognition (which demonstrates the how implicit social information influences an individual to make judgments in favor of protecting their own socially dominant group). Responses to an online survey of 413 participants demonstrated that overall participants assumed men to be more likely than women to engage in violent action, and violence in men was judged to be a function of power, whereas violence in women was …

Legitimation, Mark C. Modak-Truran

Mark C Modak-Truran

This article identifies three different conceptions of legitimation - pre-modern, modern, and post-secular - that compete both within and across national boundaries for the coveted prize of informing the social imaginary regarding how the government and the law should be legitimated in constitutional democracies. Pre-modern conceptions of legitimation consider governments and rulers legitimate if they are ordained by God or if the political system is ordered in accordance with the normative cosmic order. Contemporary proponents of the pre-modern conception range from those in the United States who maintain that the government has been legitimated by the “Judeo-Christian tradition” to those …

I Remember Richelieu: Is Anything Secure Anymore?, Michael G. Crowley, Michael N. Johnstone

Australian Security and Intelligence Conference

Petraeus-gate, hacked nude celebrity photos in the cloud and the recent use of a search and seizure warrant in the United States of America to seek production of customer email contents on an extraterritorial server raises important issues for the supposably safe storage of data on the World Wide Web. Not only may there be nowhere to hide in cyberspace but nothing in cyberspace may be private. This paper explores the legal and technical issues raised by the these matters with emphasis on the courts decision “In the Matter of a Warrant to Search a Certain E-Mail Account Controlled and …

Charting A New Course For The Colorado River: A Summary Of Guiding Principles, Colorado River Research Group

Books, Reports, and Studies

[4] p. : color illustrations ; 28 cm.

An Introduction To The Colorado River Research Group: Purpose, Membership And Contact Information, Colorado River Research Group

Books, Reports, and Studies

[11] p. : color illustrations ; 28 cm

Adam Smith And Entangled Political Economy, Maria Pia Paganelli

Economics Faculty Research

Entangled Political Economy, the idea that the economy and the polity are a nexus of interrelations often with unplanned outcomes, is close to the concept of economics that Adam Smith presents, a concept which was not shaped by strict discipline barriers. I show that Adam Smith analyzes the nature and causes of the wealth of nations by analyzing the interaction of the economy with politics, ethics, and the law. In particular, Smith presents each of these systems as a network of relations with all the other systems: the economy is entangled not just with the polity, but also with other …

Pursuing An Answer: Bureaucratic And Legal Accountability In Local Law Enforcement Pursuit Policies, Casey Lafrance

Ralph Bunche Journal of Public Affairs

Using qualitative and quantitative data obtained from 30 interviews with local law enforcement managers (12 county sheriffs and 18 municipal police chiefs), this study explores the decision-making processes used by these managers in the context of a pursuit-related accident involving an innocent third party. My findings suggest that: (1) managers most often conduct internal investigations to ensure that their officers’ behavior demonstrated adherence to the agency’s standard operating procedures; (2) managers use multiple mechanisms, including consultations with legal actors and professional peers, to keep their pursuit policies updated with regard to case law; (3) policy restrictiveness shares a positive, but …

Absentee Soldier Voting In Civil War Law And Politics, David A. Collins

Wayne State University Dissertations

During the Civil War, twenty northern states changed their laws to permit absent soldiers to vote. Before enactment of these statutes, state laws had tethered balloting to the voter's community and required in-person participation by voters. Under the new laws, eligible voters - as long as they were soldiers - could cast ballots in distant military encampments, far from their neighbors and community leaders. This dissertation examines the legal conflicts that arose from this phenomenon and the political causes underlying it.

Legally, the laws represented an abrupt change, contrary to earlier scholarship viewing them as culminating a gradual process of …

Bridging The Justice Gap: Exploring Approaches For Improving Indigent Access To Civil Counsel, Kelsey Atkinson

Pomona Senior Theses

The United States is among one of the only democratic industrialized nations in the world that does not provide guaranteed access to civil representation in cases involving basic human need. This leaves indigent litigants who are at risk of losing their homes or their children left to seek counsel through insufficient pro-bono programs or limited scope legal self-help centers. This thesis provides a history of the struggle for the right to civil counsel, known as Civil Gideon, and explores a variety of proposed solutions to bridge the justice gap for indigent litigants. Despite considerable support for Civil Gideon among scholars …

Women, Law, And Human Rights In Cameroon: Progress Or Status Quo?, Victoria M. Time

Sociology & Criminal Justice Faculty Publications

This paper assesses what progress there is in Cameroon regarding women’s statuses. Based on a qualitative strategy, the paper examines laws that are in place to address women’s plight in the country. The paper argues that while progress is being made on some levels, the status quo, that is, female marginalization is still entrenched in other facets. The paper advances recommendations for creating an egalitarian society.

Talking Rights, Talking Politics : The Development Of Abortion Policy In New York And New Jersey, 1970-2010, Jonathan Parent

Legacy Theses & Dissertations (2009 - 2024)

Policy can be made by all three branches of government, and the institutional location of change will have an impact on the shape of policy outputs. This dissertation examines the question of what factors will make courts more or less likely to undertake and continue policymaking in a given issue area. In particular, the study presented here considers the development of abortion policy in New York and New Jersey over a forty-year period beginning in 1970. Using both quantitative and qualitative research methods, this work proposes a theoretical framework whereby issue framing, coupled with institutional first movement, will greatly influence …