Legal Studies Commons^™

Los Beneficios De La Educación Cultural Para La Rehabilitación, Samantha Thoma

Spain: Language, Community, and Social Change

In Fall of 2012, during my participation in the Spain: Language, Community and Social Change program, I volunteered at El Centro de Inserción Social “Matilde Canto Fernandez”, a center for inmates in the advanced stages of their reintegration. It is located in the center of urban Granada in order to make the reintegration into the social life of Granada easier. The center plays a residential role and offers intervention and treatment of activities, and social work.

The initial idea for my service was to conduct a “Cine-fórum” in which I would show a movie and lead a discussion where …

Police Use Of Force: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

Our research led to 22 articles with information relevant to the subject of police use of force. The studies explored a variety of topics, ranging from media coverage of force to characteristics of deadly force encounters and many issues in between. The information presented below is a summary of the most significant and useful data gathered from these studies. The material has been divided into five categories: Definitions and Prevalence, Suspects (those who experience force), Officers (those who use force), Patterns of the practice, and Implications, which include best practices or prevention over abuse. The “Definitions and Prevalence” section provides …

Liberalism And Postliberalism In Bolivarian Venezuela, Tony Petros Spanakos

Department of Political Science and Law Faculty Scholarship and Creative Works

In the last half-decade, the “rise of the left” in Latin America has been studied extensively by many scholars. Whether framed as one, two, or many lefts, its various party leaders have been vocal in opposition to neoliberalism, although the orientation of their policies and governments toward neoliberalism has been mixed (Panizza 2009). The most influential and visible case of an anti-neoliberal government is that of Venezuelan president Hugo Chávez Frías.

The five books reviewed here, drawing on research on Venezuela, share a common scholarly interest in liberalism, pluralism, and account- ability, although some defend liberalism (Brewer-Carías, Corrales and Penfold), …

Oregonians Nearly Unanimous In Support Of Reentry Services For Former Prisoners, Jody Sundt, Renee Vanderhoff, Laura Shaver, Sarah Lazzeroni

Criminal Justice Policy Research Institute Research Research Briefs

The vast majority of Oregon prisoners — 94% or more — are released to the community after serving a median sentence of five and a half years. Most former prisoners struggle to resume their family relationships, find employment, secure housing, and access healthcare. The Oregon Department of Corrections (DOC) estimates that close to 60% of inmates are addicted or drug dependent, two thirds have an education need such as adult basic education or a GED, and half of inmates have a mental health need. Finally, close to 30% of those released will be convicted of a new felony within three …

Juvenile Delinquency: An Investigation Of Risk Factors And Solutions., Lauren Cardoso

Pell Scholars and Senior Theses

This article proposes that educational and community based programs can help juveniles stay away from crime and prevent recidivism. A presentation of federal and state statistics, along with an analysis of the risk factors for delinquency, will be provided in order to illustrate the important areas that should be addressed in successful programs. Testimonies, including personal interviews with those who have experience working at the RI Training School, DCYF, Boys' Town, Child and Family Services will be shared as evidence of the research found. Finally, recommendations based on the findings will be proposed.

Agenda: Drafting Model Laws On Indoor Pollution For Developing And Developed Nations, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Natural Resources, Energy And Environmental Law Review

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

On July 12 and 13, 2012, experts convened at Colorado Law to demonstrate the extent to which a model law could help address the global problem of indoor air pollution from inefficient cook stoves. The air pollution that results from inefficiently burning biomass as fuel for cooking has serious health and climatic consequences. The workshop produced two sets of Model Laws and commentaries to help nations solve the problem, and the commentaries were published in the Colorado Natural Resources, Energy, and Environmental Law Review.

Drafting Model Laws On Indoor Pollution For Developing And Developed Nations Workshop, July 12-13, 2012, Boulder, Colorado: Introduction, Lakshman Guruswamy

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

11 pages.

"This Essay introduces the framework for deliberation and legislative drafting undertaken at the workshop: Drafting Model Laws on Indoor Pollution for Developing and Developed Nations on July 12-13, 2012, in Boulder, Colorado. There are a number of fundamental premises upon which the workshop was based, and this Essay refers to the most salient among them."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 319 (2013).

Development And Dissemination Of Clean Cookstoves: A Model Law For Developed Countries, Scott Miller

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

21 pages.

"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado."-- Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 355 (2013).

"Scott Miller ed."

Development And Dissemination Of Clean Cookstoves: A Model Law For Developing Countries, Lakshman Guruswamy Ed.

Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13)

24 pages.

"This model law was developed at a legislative drafting workshop on July 12-13, 2012, entitled Drafting Model Laws on Indoor Pollution for Developing and Developed Nations, which was sponsored by the Center for Energy & Environmental Security and the Colorado Natural Resources, Energy & Environmental Law Review at the University of Colorado Law School in Boulder, Colorado." Excerpted from 24 Colo. Nat. Resources, Energy & Envtl. L. Rev. 331 (2013).

Life Without Parole Under Modern Theories Of Punishment, Paul H. Robinson

All Faculty Scholarship

Life without parole seems an attractive and logical punishment under the modern coercive crime-control principles of general deterrence and incapacitation, a point reinforced by its common use under habitual offender statutes like "three strikes." Yet, there is increasing evidence to doubt the efficacy of using such principles to distributive punishment. The prerequisite conditions for effective general deterrence are the exception rather than the rule. Moreover, effective and fair preventive detention is difficult when attempted through the criminal justice system. If we really are committed to preventive detention, it is better for both society and potential detainees that it be done …

A Failing Correctional System: State Prison Overcrowding In The United States, Susan M. Campers

Pell Scholars and Senior Theses

State prison overcrowding has grown into a detrimental problem within our American penal system, such that after decades of being ignored by politicians, media outlets, and the lower court system, it has resulted in an ineffective and overcrowded correctional system that craves reformation.

The Relational Contingency Of Rights, Gideon Parchomovsky, Alex Stein

All Faculty Scholarship

In this Article, we demonstrate, contrary to conventional wisdom, that all rights are relationally contingent. Our main thesis is that rights afford their holders meaningful protection only against challengers who face higher litigation costs than the rightholder. Contrariwise, challengers who can litigate more cheaply than a rightholder can force the rightholder to forfeit the right and thereby render the right ineffective. Consequently, in the real world, rights avail only against certain challengers but not others. This result is robust and pervasive. Furthermore, it obtains irrespectively of how rights and other legal entitlements are defined by the legislator or construed by …

Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef

Center on Children, Families, and the Law: Faculty Publications

The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.

In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …

American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody

Center on Children, Families, and the Law: Faculty Publications

This article informs social workers about sexual violence against American Indian and Alaskan Native (AI/AN) women and the policy reforms in the 2010 Tribal Law and Order Act (TLOA). It describes the unmet needs of AI/AN survivors, reviews the TLOA reforms on sexual assault in relation to social work and public health principles, discusses the complementary roles for social workers and public health practitioners in reform efforts, and offers guidance for professional participation that emphasizes tribal sovereignty, indigenous capacity, and cultural competence.

Management In The United States Government: Applying Management Techniques Toward Homeland Security Efforts, Debra Wilson

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

The term homeland security has been defined by the National Strategy for Homeland Security (NSHS) as "a concerted national effort to prevent terrorist attacks within the United States, reduce America's vulnerability to terrorism, and minimize the damage and recover from attacks that do occur" (NSHS). The United States government has made countless attempts to protect the nation, some of which were successful. For the purpose of this paper, the United States government refers to all government agencies on the federal, state, and local levels. The task of securing the nation has been extremely complex and time consuming. There are times …

Joint Task Force In Reducing Human Trafficking, Jessica M. Lopez

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

This Master‟s level thesis paper discusses the important topic of human trafficking. As this paper will explore, human trafficking is a very heinous crime that involves women, children and families and is a crime against humanity. It involves the illegal trading of human beings for personal gain in the form of forced labor, sexual exploitation and even slavery. Each and every year human beings are recruited, tricked, transferred and harbored as slaves. This is an international crime and each country is affected by trafficking, whether it is as a country of destination, transit or origin destination for victims.

Fighting Narcoterrorism: A Counter Narcotic Approach To Homeland Security, Nicholas Levesque

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

The use of illicit drugs in the United States can be looked at as a homeland security concern for many reasons. The illicit drug trade challenges the security of our borders, fuels crime in many of our communities and when illicit drugs are abused by individuals, they can become unproductive members of society. This loss of productivity can be attributed to healthcare concerns, incarceration and the burden placed on the rest of society to make up for the loss. Terrorist organizations like Al-Qaeda have shown involvement in the illicit drug trade and use it as a means of funding their …

Mamaroneck Ems And The Continuity Of Operations: Homeland Security On A Local Level, Samantha M. Gagliardi

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

The definition of homeland security and all that it encompasses has been an ongoing discussion since the events of 9/11. As a homeland security professional it has become clear to me that homeland security is not only a federal obligation, but a local priority as well. All events are local and the government cannot be solely responsible for the preparation, response, and resilience of each individual community. The Village of Mamaroneck is a small jurisdiction approximately 30 miles from New York City. The prime threat this Village has faced is inclement weather and severe flooding due to the multiple floodplains …

Securing Our Community Through The Emergency Medical Services Sector, Michael Linehan

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

Keeping the nation resilient; that is a nation able to withstand any threat or catastrophe is a primary goal of the United States Government. Ever since 9-11 our nation has had to face the reality that we can be vulnerable to threats from forces outside our control. We have had to re-examine the threats that we face and how we can better deal with them in the best way possible.

The following project will explore the many facets connected to making a resilient society. My area of expertise within the emergency services management gives me the unique perspective as a …

The United States Drug Enforcement Administration: Pertaining To Public Safety And Homeland Security, Benjamin Martin Ogden

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

Despite the efforts of the United States Drug Enforcement Administration, United States Government, Armed Forces, and other law enforcement agencies, illegal drug uses continues to be a major issue. The direct connection between illicit drugs and terrorism, specifically in Afghanistan, poses a major threat to America along with the effects these drugs have on public health. In order to continue to successfully counter illegal drug trafficking and abuse in the United States it is essential to bolster numerous aspects of the Drug Enforcement Administration its efforts. This includes management, public-private partnerships, and critical infrastructure protection. It is also necessary for …

New York/New Jersey High Intensity Drug Trafficking Area Terrorist Financing & Drug Trafficking Strategy, Danielle Morita O'Mara

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

My Masters Project focuses around the New York/New Jersey High Intensity Drug Trafficking Area (NY/NJ HIDTA). Narco-terrorism has become a significant issue for the safety and security of the United States. Terrorist financing also plays a significant role in the war on terror. I chose to create a three part strategy for the NY/NJ HIDTA that will combat both narco-terrorism and terrorist financing. Each chapter describes another detailed plan of how the NY/NJ HIDTA, as well as particular agencies within, combat these issues in attempt to keep our nation secure. My Masters Project was carefully constructed with a strong focus …

A Multifaceted Approach To Management And Homeland Security For The 21st Century, Vincent Antonecchia

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

This master’s thesis is a compilation of "short stories" which share one common theme, the immediate and long-term protection, preservation and prosperity of my country, the United States of America. I embarked on this journey to obtain a Master of Arts in Management and Homeland Security because I am truly concerned about my children’s future, the future of the United States of America, and the future of the world as a whole. On September 11, 2001, the world caught a glimpse of true evil and witnessed death and destruction as it was carried out by focused and motivated enemies.

I …

A Local Approach: Homeland Security Officers, Erik Grutzner

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

It has become apparent that true preparedness for a catastrophic event requires a strong local component. However, the patchwork of full and part time operators in a range of disciplines preparing for a variety of responsibilities creates the risk of an inexact or inefficient response. As a result, this document will support the idea that in order to improve the level of preparedness of municipalities, one full time police officer should be assigned to the newly created position of Homeland Security Officer (HSO), and be tasked with all manner of responsibilities for the most effective example of homeland security.

This …

Continuity Of Operations: A Strategy To Secure The Nation, Matthew J. Cassidy

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

The sharing of power and responsibilities between the individual states and the federal government is detailed in the US Constitution and is called federalism. Research has indicated that the shift of power between the states and federal government has waxed and waned over the last 236 years. This qualitative study is based upon literature review of the relationships of local, state, and federal governments in responding to catastrophes. Each level of government brings unique capabilities to the response to catastrophic events. There is no need to usurp federalism in order to survive the next catastrophe; it is going to take …

Suspension And Revocation Status Report For Milwaukee County, John Pawasarat

ETI Publications

Driver’s license suspension and revocation records were analyzed for Milwaukee County residents using a series of data files from the Wisconsin Department of Transportation. Notable changes were observed in number and patterns of charges. The elimination of mandatory revocations for OAR (operating after revocation) charges, a policy reform initiated by the Center for Driver’s License Recovery & Employability, reduced the number of OAR revocations from 10,124 in 2009 to 64 in 2011. The legislative reforms also led to a very large reduction in revocations for OWS (operating while suspended), which dropped from 5,815 revocations issued in 2009 down to 130 …

Drivers License Status Report For Milwaukee County Presentation, Lois M. Quinn, John Pawasarat

ETI Publications

Presentation for the Center on Driver's License Recovery & Employability biennial meeting tracks changes in state suspension and revocation policies.

Drivers License Status Report For Milwaukee County, John Pawasarat, Lois M. Quinn

ETI Publications

The University of Wisconsin-Milwaukee Employment and Training Institute reviewed the driving records of 629,222 Milwaukee County residents in the Department of Transportation files, including drivers with current licenses as of January 1, 2012 plus unlicensed residents who received suspensions and revocations from 2009 through 2011. This report details the driving status of county residents in order to identify problems in licensing, suspensions and revocations. Prior ETI reports have shown the driver license to be essential for getting and keeping employment and exceeding high school completion as a predictor of sustained employment.

The Offenders’ Perspective On Prevention: Guarding Against Victimization And Law Enforcement, Scott Jacques, Danielle Reynald

EBCS Articles

Law-abiding citizens are concerned with deterring and preventing crime. One strategy to accomplish this goal is to increase the costs and reduce the benefits that particular situations present to offenders. This form of crime control is known as situational crime prevention. Like law-abiding persons, offenders must concern themselves with being victimized. Differently, however, offenders must also worry about being detected and punished by formal agents. Thus, situational prevention from the offenders’ perspective is relatively complex, encompassing efforts to block not only opportunities for victimization but also for law enforcement. Building on the work of Clarke, the present study uses qualitative …

Reducing Courts’ Failure-To-Appear Rate By Written Reminders, Brian H. Bornstein, Alan J. Tomkins, Elizabeth M. Neeley, Mitchel N. Herian, Joseph A. Hamm

Alan Tomkins Publications

This article examines the effectiveness of using different kinds of written reminders to reduce misdemeanor defendants’ failure-to-appear (FTA) rates. A subset of defendants was surveyed after their scheduled court date to assess their perceptions of procedural justice and trust and confidence in the courts. Reminders reduced FTA overall, and more substantive reminders (e.g., with information on the negative consequences of FTA) were more effective than a simple reminder. FTA varied depending on several offense and offender characteristics, such as geographic location (urban vs. rural), type of offense, and number of offenses. The reminders were somewhat more effective for Whites and …

When The Abyss Looks Back: Treatments Of Human Trafficking In Superhero Comic Books., Bond Benton, Daniela Peterka-Benton

Department of Justice Studies Faculty Scholarship and Creative Works

Superhero comic book characters have historically engaged issues of social concern. From Superman’s opposition to the Ku Klux Klan in 1947 (Bowers, 2011) to Captain America’s acceptance of a gay soldier in 1982 (Witt, Sherry, & Marcus, 1995) to Batman’s stance against landmines in 1996 (O’Neil, 1996), stories involving superheroes have frequently demonstrated a developed social awareness on national and international problems. Given that the audience for superhero characters is often composed of young people, this engagement has served as a vehicle for raising understanding of issues and as tool for encouraging activism on the part of readers (McAllister, 1992; …