Social and Behavioral Sciences Commons^™

Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm

Don Stemen

No abstract provided.

Aggravated Sentencing: Blakely V. Washington, Jon Wool, Don Stemen

Don Stemen

No abstract provided.

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

Challenges For Investigating Sex Trafficking: The Role Of Decriminalized Prostitution, Donna M. Hughes Dr., Melanie Shapiro Esq

Donna M. Hughes

This presentation is a case study of challenges to investigating sex trafficking created by decriminalized prostitution. For 29 years (from 1980 to 2009) in Rhode Island, engaging in prostitution was not prohibited or regulated. Commercial sex acts were private and beyond the interest of the state. Lack of laws or regulations of prostitution created a permissive legal, economic, and cultural environment for the growth of prostitution businesses. Local police were impeded from investigating alleged sex trafficking because police had no legal cause to investigate private activities. In interviews, law enforcement officials repeatedly stated that they did not have the laws …

Parole And Probation Officers' Perceptions Of Management Effectiveness In Baltimore County, Maryland, Valencia Tamir Johnson Dr.

Valencia T Johnson

Management practices in the rehabilitation and criminal justice system are primarily concerned with how employees sense, collect, organize, and process information regarding the criminal offender. The purpose of this quantitative study was to measure parole and probation officers' perceptions regarding management support and effectiveness in the workplace, with particular emphasis on communication, collaboration, and conflict resolution. Herzberg's 2-factor theory of motivation served as the theoretical framework for the study, supporting the concept of participatory management as a central factor in job satisfaction. A researcher-designed, Likert-type questionnaire was administered to a randomly selected sample of 31 parole and probation officers in …

Why Lawyers Fear Love: Mohandas Gandhi’S Significance To The Mindfulness In Law Movement, Nehal A. Patel

Nehal A. Patel

Although mindfulness has gained the attention of the legal community, there are only a handful of scholarly law articles on mindfulness. The literature effectively documents the Mindfulness in Law movement, but there has been minimal effort to situate the movement into the broader history of non-Western ideas in the legal academy and profession. Similarly, there has been little recent scholarship offering a critique of the American legal system through the insights of mindfulness. In this Article, I attempt to fill these gaps by situating the Mindfulness in Law movement into the history of modern education’s western-dominated world-view. With this approach, …

Capitalism And Criminal Justice, Peter Kraska, John Brent

Peter Kraska

Capitalism and Criminal Justice examines how state and economic forces work together through a dialectic process in efforts to prepare social and cultural capital for economic accumulation. This unique book demonstrates the close working relationship between the state and market by focusing on two recent trends: the emergence of the Ultimate Fighting Championship (cage-fighting) and the use of performance enhancing drugs (PEDs). These trends are examined as illustrative of the state/market nexus in sanctioning and criminalizing transgressive behaviors. The books aims to both deepen criminology’s understanding of the criminalization/legalization process, and introduce a genre of theoretical work not often employed …

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 …

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate

Winifred L. Tate

Explicitly prohibiting US military counternarcotics assistance to foreign military units facing credible allegations of abuses, Leahy Law creation and implementation illuminates the epistemological challenges of knowledge production about violence in the policy process. First passed in 1997, the law emerged from strategic alliances between elite NGO advocates, grassroots activists and critically located Congressional aides in response to the perceived inability of Congress to act on human rights information. I explore the resulting transformation of aid delivery: rather than suspend aid when no “clean” units could be found, US officials convinced their Colombian allies to create new units consisting of vetted …

Neoliberalism And The Law Reassessing Historical Materialist Analysis Of The Law For The 21st Century, Justin Schwartz

Justin Schwartz

Historical materialism has been called in question by the triumph of neoliberalism and the fall of Communism. I show, by consideration of two examples, the 2008 crisis and recent Supreme Court campaign spending First Amendment jurisprudence, that neoliberalism instead vindicates the explanatory power of (non-mechanical and non-deterministic) historical materialism in accounting for a wide range of recent legal developments in legislation, executive (in)action, and judicial decision-making.

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …

Voices In The Beyond: Judicial Psychology And Citizens United, Kirby Farrell

kirby farrell

Abstract: A psychological analysis of the Supreme Court’s controversial Citizens United decision finds the concept of agency or personhood conflicted in its use by the majority. Some conservative justices in this and some other decisions, including Voting Rights enforcement (2006) and death penalty jurisprudence, have positioned authority and the voices of affected “persons” in the beyond: that is, in an abstract or metaphysical zone wherein reasoning cannot follow or be held responsible.

United States Supreme Court Cases From Georgia, Mary Wilson

Mary Wilson

United States Supreme Court Cases from Georgia.

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

Donna M. Hughes

Legal Pluralism, Decentralisation And The Roots Of Violence In Indonesia, Robert Cribb

Robert Cribb

No abstract provided.

Should Prisons Be Privately Run?: No Quick Fixes, Ira P. Robbins

Ira P. Robbins

No abstract provided.