Open Access. Powered by Scholars. Published by Universities.®

Social and Behavioral Sciences Commons

Open Access. Powered by Scholars. Published by Universities.®

Law

2017

Discipline
Institution
Publication
Publication Type

Articles 1 - 30 of 34

Full-Text Articles in Social and Behavioral Sciences

A Public Humanity: The Application Of Isotopic Analysis To The Intersection Between Body And Law At The Milwaukee County Poor Farm Cemetery, Shannon Kate Freire Dec 2017

A Public Humanity: The Application Of Isotopic Analysis To The Intersection Between Body And Law At The Milwaukee County Poor Farm Cemetery, Shannon Kate Freire

Theses and Dissertations

The Milwaukee County Poor Farm Cemetery is an umbrella term used to describe the four cemeteries that were used by Milwaukee County from 1878 through 1974 for the burial of the indigent, unclaimed, institutionalized, and anatomized. Three of these cemeteries remain undisturbed. The primary focus of this research is the twice-excavated Cemetery II (Wisconsin Burial Site 47BMI0076), in use between 1882 and 1925. Archaeological excavations in 1991-1992 and again in 2013 resulted in the recovery of over 2,400 individuals from this cemetery location.

In Wisconsin, legislative efforts to govern indigent burial and dissection mediated competing aspirations between medical education ...


Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm Oct 2017

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 Oct 2017

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

Don Stemen

No abstract provided.


Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn Oct 2017

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 Oct 2017

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.


The History And Rationale Of Swedish Prostitution Policies, Sven-Axel Månsson Sep 2017

The History And Rationale Of Swedish Prostitution Policies, Sven-Axel Månsson

Dignity: A Journal on Sexual Exploitation and Violence

This article analyses the history and rationale behind “the Swedish model” of regulating prostitution. The most controversial and debated part of this model is the 1999 ban on purchases of sexual services. To be fully understood the ban and the comprehensive policy regime of which it is a part, the new model has to be placed within a broader framework of policy areas such as gender, sexuality, and social welfare. Thus, the contemporary policy regime will be traced back to the mid-1970s when gender norms and sexual mores were renegotiated in Sweden, which in turn led to a radical reconsideration ...


Liberal Translations: Secular Concepts, Law, And Religion In Colonial Egypt, Jeffrey Culang Sep 2017

Liberal Translations: Secular Concepts, Law, And Religion In Colonial Egypt, Jeffrey Culang

Dissertations, Theses, and Capstone Projects

This dissertation is a conceptual history of Egypt’s national formation between the 1880s and the 1930s. This period involved the convergence of nationalism, colonial rule, missionary activity, and new modes of governance at the national and international levels. Drawing on state and missionary archival material, periodicals, legal compendia, laws, and parliamentary transcripts, and adapting methods developed by Reinhart Koselleck, I trace shifts within Egypt’s socio-political lexicon through processes of translation and demonstrate their effects upon social experience and political aspiration. I focus on a set of liberal-secular concepts critical to national politics—religious freedom, public interest, nationality, and ...


Connected Courts: The Diffusion Of Precedent Across State Supreme Courts, Abigail Anne Matthews Aug 2017

Connected Courts: The Diffusion Of Precedent Across State Supreme Courts, Abigail Anne Matthews

Theses and Dissertations

State supreme courts are autonomous institutions with significant power. Yet, despite this authority, state supreme courts routinely rely on one another to explain why and how they reached their decisions. This puzzle of why state supreme courts cite each other in their opinions led me to pose two questions. First, under what conditions do state supreme courts cite other states supreme courts? And second, to whom do they turn for guidance? To answer these questions, I propose a new theory for evaluating state supreme court citations, the social learning model. I borrow policy diffusion’s learning mechanism and I pair ...


Cedarville Named Best Christian College In Ohio For Law-Related Degrees, Mark D. Weinstein Jul 2017

Cedarville Named Best Christian College In Ohio For Law-Related Degrees, Mark D. Weinstein

News Releases

Christian Universities Online (CUO) recently named Cedarville University as the top Christian school for law-related degrees in Ohio. CUO assembled its 2017 Top Ten Christian Law School list based on reviews of majors such as political science, government and criminal justice.


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman Jul 2017

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

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


The First Special Issue Of Dignity, Donna M. Hughes Jul 2017

The First Special Issue Of Dignity, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Getting Somewhere: People V. Turner (2016) And The Efficacy Of Survivor Narratives, Gheorghe L. Williams May 2017

Getting Somewhere: People V. Turner (2016) And The Efficacy Of Survivor Narratives, Gheorghe L. Williams

Capstone Projects and Master's Theses

An examination of the narrative and rhetorical techniques employed in survivor narratives, and how these have been necessitated by legal biases and unjust social and cultural practices.


Book Review Essay: Pimp State: Sex, Money, And Equality By Kat Banyard, Christopher Adam Bagley May 2017

Book Review Essay: Pimp State: Sex, Money, And Equality By Kat Banyard, Christopher Adam Bagley

Dignity: A Journal on Sexual Exploitation and Violence

In this strongly recommended book, Banyard effectively demolishes six myths which defenders of unregulated commercial sexual exploitation of girls and women offer: 1) “Demand for sex work is inevitable; 2) Being paid for sex is regular service work; 3) Porn is fantasy; 4) Objecting to the sex trade makes you a pearl-clutching, sexually conservative prude; 5) Decriminalizing the entire prostitution trade makes women safe; and 6) Resistance is futile.” I add to Banyard’s analysis my views on the following topics: 1) the sexual exploitation of minors as an essential part of the commercial sex industry; 2) recent Canadian experience ...


Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi Apr 2017

Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi

Political Science Honors Projects

What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus ...


The Retirement Strategy Of Supreme Court Justices: An Economic Approach, Kayla M. Joyce Apr 2017

The Retirement Strategy Of Supreme Court Justices: An Economic Approach, Kayla M. Joyce

Honors Scholar Theses

Previous research has identified strategic behavior in the nomination, confirmation, and retirement processes of the Supreme Court, each independently. This paper analyzes the interaction between the justices, the president, and the Senate in these processes. I constructed a game theoretic model to consider the nomination and approval process of Supreme Court justices and the change in dynamics that might result from an impending election. I hypothesize that sitting justices take into account the party affiliations of the president and the Senate when they are deciding whether it is the optimal time to retire to achieve their own strategic objectives. The ...


Spring 2017 Newsletter: The Docket, Emma Wood Apr 2017

Spring 2017 Newsletter: The Docket, Emma Wood

Law Library Newsletter

Copy of the Spring 2017 issue of the UMass Law Library Newsletter, The Docket.


Life In Purple: An Exploration Of Moroccan Lgbt+ Identity And Migration, Olivia Leone Nicholas Apr 2017

Life In Purple: An Exploration Of Moroccan Lgbt+ Identity And Migration, Olivia Leone Nicholas

Independent Study Project (ISP) Collection

Currently, homosexuality is criminalized in Morocco under the Moroccan Penal Code Article 489 and most Moroccans view homosexuality as haram, prohibited by god. The LGBT+ community faces religious, legal and social pressures and persecution. Still, LGBT+ people continue to fight for their right to exist in Morocco and activists are working to protect members of the community from legal prosecution as well as form safe spaces for their community. At the same time, many members of the LGBT+ community in Morocco must emigrate to live their lives both honestly and safely. This paper aims to explore the current circumstances of ...


Shattering The Hire Ceiling: Why Disproportionately Few Women Are Partners At Large Law Firms, Eryn M. Hughes Mar 2017

Shattering The Hire Ceiling: Why Disproportionately Few Women Are Partners At Large Law Firms, Eryn M. Hughes

CUREJ - College Undergraduate Research Electronic Journal

Despite graduating from top law schools and getting hired as associates at competitive law firms at the same rate as men, women are still disproportionately underrepresented in partnership positions in Big Law. This paper investigates supply-side and demand-side explanations for this phenomenon. Through interview-based research and a survey of 437 attorneys, I identify the major contributing factors to this persistent gender gap. My research shows that while women are taking on more at home with regard to childcare and housework than their male colleagues, they are not significantly more interested than men in leaving large law firms despite extant scholarship ...


The Intersectional Oppressions Of South Asian Immigrant Women And Vulnerability In Relation To Domestic Violence: A Case Study, Ferzana Chaze, Archana Medhekar Mar 2017

The Intersectional Oppressions Of South Asian Immigrant Women And Vulnerability In Relation To Domestic Violence: A Case Study, Ferzana Chaze, Archana Medhekar

Faculty Publications and Scholarship

South Asians ― persons who can trace their origins to India, Pakistan, Sri Lanka, Nepal and Bangladesh ― are the largest racialized minority group in Canada. The National Household Survey (2011) revealed that 1,567,400 persons reported being of South Asian origin, making up 4% of the total Canadian population (Statistics Canada, 2013). The substantial presence and rapid growth of this minority group make it an important population to understand in terms of their settlement and integration-related experiences.

The authors of this paper bring together their unique disciplinary lenses- social work and law - to discuss various factors that contribute to the ...


Weak Law V Strong Ties: An Empirical Study Of Business Investment, Law And Political Connections In China, Wei Zhang, Ji Li Mar 2017

Weak Law V Strong Ties: An Empirical Study Of Business Investment, Law And Political Connections In China, Wei Zhang, Ji Li

Research Collection School Of Law

Based on a large-scale survey of Chinese entrepreneurs, our study explores how institutions (formal and informal) influence investment decisions made by private companies. The study finds that, consistent with the conventional view, a more effective legal system is correlated with short-term general investment, and that the judiciary is important mainly because of its restraint over the state. The role of effective courts, however, diminishes when private entrepreneurs consider making long-term investment. We find a positive association between the entrepreneurs’ political backgrounds and their R&D investment, suggesting that Chinese courts, in spite of decades of reform, are not yet viewed ...


New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr. Feb 2017

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

Donna M. Hughes

I am a juvenile sex trafficking survivor. I was sold here in New Hampshire and other states as well. This is happening now too. Even with a law against prostitution, the more egregious elements are prevalent. Trafficking is not separate from prostitution, it is just the darker side of the very same coin. 


Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr. Feb 2017

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

Donna M. Hughes

There is an organized effort in New Hampshire to fully decriminalize prostitution. What that means is that all laws controlling the buying and selling of sex will be removed from the law books, making prostitution legal. Law enforcement and public officials will then have no control over if, when, and where prostitution occurs, whether it’s in massage parlors (often called spas), hotels, apartments, residences, or strip clubs. Because commercial sex will be legal, pimps and “sex workers” will be able to freely advertise prostitution services. Pimps will be able to openly recruit women and girls into prostitution, without fear ...


Literary Land Claims: The “Indian Land Question” From Pontiac’S War To Attawapiskat By Margery Fee, Cheryl Lousley Feb 2017

Literary Land Claims: The “Indian Land Question” From Pontiac’S War To Attawapiskat By Margery Fee, Cheryl Lousley

The Goose

Review of Margery Fee's Literary Land Claims: The “Indian Land Question” from Pontiac’s War to Attawapiskat.


Using Course-Subject Co-Occurrence (Csco) To Reveal The Structure Of An Academic Discipline: A Framework To Evaluate Different Inputs Of A Domain Map, Peter A. Hook Jan 2017

Using Course-Subject Co-Occurrence (Csco) To Reveal The Structure Of An Academic Discipline: A Framework To Evaluate Different Inputs Of A Domain Map, Peter A. Hook

School of Information Sciences Faculty Research Publications

This article proposes, exemplifies, and validates the use of course-subject co-occurrence (CSCO) data to generate topic maps of an academic discipline. A CSCO event is when two course-subjects are taught in the same academic year by the same teacher. 61,856 CSCO events were extracted from the 2010-11 directory of the American Association of Law Schools and used to visualize the structure of law school education in the United States. Different normalization, ordination (layout), and clustering algorithms were compared and the best performing algorithm of each type was used to generate the final map. Validation studies demonstrate that CSCO produces ...


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 Jan 2017

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 ...


How The Immigration And Deportation Systems Work: A Social Workers Guide, Carol Cleaveland Jan 2017

How The Immigration And Deportation Systems Work: A Social Workers Guide, Carol Cleaveland

The Journal of Sociology & Social Welfare

Not only is the question of immigration controversial, it is complex -- laden with legal nuances as well as implications for human and civil rights. This article provides an overview of what happens to an immigrant who seeks to enter the country ‘legally,’ as well as the challenges for an immigrant who enters the country without authorization. Social workers who serve immigrants may find themselves called on to advocate for clients as they traverse a labyrinth court system. I introduce this system to help practitioners and students understand the paths to legal immigration in the United States, as well as barriers ...


Emergent Ai, Social Robots And The Law: Security, Privacy And Policy Issues, Ramesh Subramanian Jan 2017

Emergent Ai, Social Robots And The Law: Security, Privacy And Policy Issues, Ramesh Subramanian

Journal of International Technology and Information Management

The rapid growth of AI systems has implications on a wide variety of fields. It can prove to be a boon to disparate fields such as healthcare, education, global logistics and transportation, to name a few. However, these systems will also bring forth far-reaching changes in employment, economy and security. As AI systems gain acceptance and become more commonplace, certain critical questions arise: What are the legal and security ramifications of the use of these new technologies? Who can use them, and under what circumstances? What is the safety of these systems? Should their commercialization be regulated? What are the ...


Fall 2017 Newsletter: The Docket, Emma M. Wood Jan 2017

Fall 2017 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Fall 2017 issue of the UMass Law Library Newsletter, The Docket.


The Black Women Anti-Defamation Coalition: A Proposal For The Remediation Of The Negative, Controlling Images Of Black Women, Shemar Antonio Taylor Jan 2017

The Black Women Anti-Defamation Coalition: A Proposal For The Remediation Of The Negative, Controlling Images Of Black Women, Shemar Antonio Taylor

Senior Projects Spring 2017

This research sets out to highlight the life-altering degree to which negative, domineering depictions of Black women has had and continues to have on their livelihood and also to argue that due to their systemic inability to control and craft their own reputation, this should be categorized as a human rights violation and enforced on the grounds of defamation law. Although I am not a Black woman myself, as a Black man who was raised by three Black women, I have seen first hand the importance of proving this point. Many Black women scholars, many of whom I will be ...


Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina Jan 2017

Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.