Legal Studies Commons^™

Governance In Nigerian Universities: The Position Of The University Internal Auditor, Professor Ben C Osisioma

Prof Ben Chuka Osisioma

The University system is committed to the principles of good governance which ensure that the Institution is ‚fit for its purpose‛ as an organization put in place for teaching, research and consultancy and professional services to the community. The principles demand a response to the challenge of operational dexterity, technical ingenuity, strategic relevance, African persona and political deftness as part of the task of modernization of the governance of higher education. The task of the Internal Auditor is five-fold – to provide transparency and act as an advisory body to senior management, to identify underperforming areas and opportunities for improvement …

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), …

The Role Tax Preparers Play In Taxpayer Compliance - An Empirical Investigation With Policy Implications, Sagit Leviner Dr.

Sagit Leviner Dr.

In January 2010, the IRS published its Return Preparer Review Final Report, recommending extensive increases in oversight of the tax return preparer industry. The IRS suggests achieving these increases in oversight through numerous measures, including preparer registration, competency testing, continuing professional education, ethical standards, and enforcement. Effective August, 2011, new paid preparer regulation requires all tax return preparers who offer their services for a fee to register and obtain a unique Preparer Tax Identification Number (PTIN) that must be used to sign all returns they prepare. Given that additional preparer regulation is expected to come into effect within the next …

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 …

Deepwater, Deep Ties, Deep Trouble: A State-Corporate Environmental Crime Analysis Of The 2010 Gulf Of Mexico Oil Spill, Elizabeth A. Bradshaw

Dissertations

The 2010 Gulf of Mexico oil spill was one of the worst environmental disasters of all time. Using the concept of state-corporate environmental crime, this project applies a case study analysis of secondary data sources including publicly available government reports, corporate documents, academic sources and journalistic accounts to examine the causes of the blowout and the response to the spill. Building on Michalowski and Kramer’s Integrated Theoretical Model of State-Corporate Crime, this study introduces an additional level of analysis- that of the industry- between the organizational and institutional levels.

The causes of the Deepwater Horizon explosion are rooted both in …

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.

Fraud Prevention In Nigeria: Applying The Forensic Accounting Tool By Prof. Benjamin, Professor Ben C Osisioma

Prof Ben Chuka Osisioma

The spate of global scandals and corporate misadventures that began with the energy giant, Enron in the years 2000 to 2002, the Asian Financial Crisis of 1997/98, and the global Financial Meltdown of 2008, rocked the accountancy profession and sharply drew attention to the need for the profession to re-invent itself and re-define its focus in the new millennium. Accounting practitioners world-wide, have tested the limits of creative accounting, and the verdict of the marketplace is that the era of sharp and unwholesome practices are over for good. Part of the professional response to challenge of this era, is the …

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).

Radiography To The Chilean Human Rights Institution: Between Law And Politics, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco Garía

Sergio Verdugo R.

The article examines the fundamental recommendations for the national human rights institutions (NHRI) to function with proper autonomy against the state and, also, against NGOs that try to capture the commission´s agenda. The authors analyse the institutional design of the Chilean Human Rights Institution (INDH) and evaluates the profile and the nomination process of its membership. The paper provides evidence that demonstrates that the INDH´s research agenda is associated with a partial political view. Then, the authors suggest certain changes to strengthen the independence of the INDH.

Racial Disparities In Sentencing In The U.S. And Georgia, Kamal Rattray, Nicole Lee

Georgia Journal of Public Policy

Incarceration represents the ultimate use of coercive power, and in the state of Georgia, that power is being disproportionately levied upon people of color, particularly African Americans.1 According to 2011 statistics from the Georgia Department of Corrections, the total prison population statewide was approximately 53,341 inmates. The majority of that number were Blacks (33,069 inmates), followed by Whites (17,752 inmates), Hispanics (2,306 inmates) and other ethnic groups.

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 …

Combatting Fraud And White Collar Crimes: Lessons From Nigeria., Professor Ben C Osisioma

Prof Ben Chuka Osisioma

Nigeria has paid dearly for ethical lapses and competency deficiencies in public and private life. Fraud is systemic in Nigeria with the ordinary citizen being compelled to be either a liar, a cheat or an outright thief. Fraud has stultified growth and national development, subverted the nation’s values and norms, generated a culture of illegality and impunity in public service, and frittered away the promise of the nation’s future. Today, the nation faces the trauma of a State whose date with destiny has been put on hold, for reasons that are completely self made, and completely avoidable. Any remedial measure …

Guia Para La Escritura Del Ensayo, Hector Faya, Yolanda Gamboa

Hector Faya

No abstract provided.

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 Californians Against Sexual Exploitation (Case) Act: A Case Study In Policy Advocacy, Bailey Mannisto-Ichés

Capstone Collection

In any given year in the United States of America at least 100,000 domestic youth are sexually exploited through the commercial sex industry. Current national and state laws do not adequately protect these children from being groomed, pimped, and exploited over and over again in their young lives. A majority of these children are trafficked from, into or within the nation’s most populated state of California. In 2003 the FBI identified three of the country’s 13 high-­‐intensity child sex trafficking cities as being in California. The cycle of violence these children endure is not being brought to justice through the …

Broken Windows, Police, &Traffic Safety, Carol Servino

Graduate Research Symposium (GCUA) (2010 - 2017)

Abstract This research explores application of the “broken windows” theory of public disorder and urban decline to the pattern and problem of police officer fatalities in motor vehicle crashes. It contextualizes the influential theory into a 45-year timeline of significant events related to legislative efforts and traffic safety behavioral safety programs in the United States. It finds one police agency that reported fewer crimes and fewer crashes after implementing a community-wide Safe Streets program designed around “broken windows” theory in 1997. It pays particular attention to states with the highest percentages of law enforcement officer fatalities in motor vehicle crashes, …

Parting The Waves: Claims To Maritime Jurisdiction And The Division Of Ocean Space, Clive Schofield

Penn State Journal of Law & International Affairs

This article casts aside traditional obsessions and examines the development and present state of coastal State claims to maritime jurisdiction, the overlapping claims to maritime space that have inevitably resulted from the significant extension of maritime claims in recent decades, and thus the delimitation of maritime boundaries.

You Say You Want A (Nonviolent) Revolution, Well Then What? Translating Western Thought, Strategic Ideological Cooptation, And Institution Building For Freedom For Governments Emerging Out Of Peaceful Chaos, Donald J. Kochan

Donald J. Kochan

With nonviolent revolution in particular, displaced governments leave a power and governance vacuum waiting to be filled. Such vacuums are particularly susceptible to what this Article will call “strategic ideological cooptation.” Following the regime disruption, peaceful chaos transitions into a period in which it is necessary to structure and order the emergent governance scheme. That period in which the new government scheme emerges is particularly fraught with danger when growing from peaceful chaos because nonviolent revolutions tend to be decentralized, unorganized, unsophisticated, and particularly vulnerable to cooptation. Any external power wishing to influence events in societies emerging out of peaceful …

The Causes And Effects Of Get Tough: A Look At How Tough-On-Crime Policies Rose To The Agenda And An Examination Of Their Effects On Prison Populations And Crime, Cheyenne Morales Harty

USF Tampa Graduate Theses and Dissertations

The paper analyzes the rise of get-tough crime legislation to the American public policy agenda and examines the effects of these policies on crime and inmate populations. Get-tough policies analyzed include sentencing reform, the War on Drugs and collateral consequences. Because there is no empirical literature on the effect of collateral consequences on crime, the paper employed an OLS regression model partly derived from institutional anomie theory to test for criminogenic effects. The study then employed OLS regression analysis to determine the affect of these independent variables on crime rates in each of the 50 states. The study concluded that …

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.

Veterans Court: Towards The Implementation Of A Collaborative Justice Model In San Luis Obispo County, Daniel Smee

Continuing Education (CAPSTONE)

Veterans’ treatment courts represent an emerging trend across the country of collaborative justice designed to deal with criminal justice issues stemming from problems linked to military service. This approach places the veteran in VA (Veterans Affairs) treatment programs as a diversion from incarceration. There are few such courts in California (nine) largely in non-rural counties. This study investigated two rural counties, Tulare and Santa Barbara with Veterans courts to develop a model for such a court in San Luis Obispo County. Early recidivism data at the one-year point for Tulare County showed a zero percent rate of criminal behavior (12 …

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.