Legal Studies Commons^™

Penal Culture And Hyperincarceration: The Revival Of The Prison, Alex Steel, Chris Cunneen, David Brown, Eileen Baldry, Melanie Schwartz, Mark Brown

David C. Brown

What are the various forces influencing the role of the prison in late modern societies? What changes have there been in penality and use of the prison over the past 40 years that have led to the re-valorization of the prison? Using penal culture as a conceptual and theoretical vehicle, and Australia as a case study, this book analyses international developments in penality and imprisonment. Authored by some of Australia’s leading penal theorists, the book examines the historical and contemporary influences on the use of the prison, with analyses of colonialism, post colonialism, race, and what they term the ‘penal/colonial …

Beyond Judicial Populism, Anil Kalhan

Anil Kalhan

No abstract provided.

The Accessibility Of In-Prison Programming For Female Offenders And Their Gender Specific Needs, Kelli Reynolds

Honors Program Theses and Projects

With the rates of female incarcerations on the rise, it is important that we examine programs available to female offenders in prison, and programs available to female offenders as they exit prison and re-enter society. Programs developed specifically for these females to fit their needs are important in their rehabilitation progress and should help in keeping their recidivism rates low. I expect to find a disconnect between the needs of female offenders and the programs meant to serve and rehabilitate them. I also expect the review of literature to support that a majority of female offenders have histories of victimization …

Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia

Ahmed E SOUAIAIA

The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.

In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of …

How Do Specialized Units Affect The Outputs Of Police Organizations?: Investigating The Effect Of Community Policing Units On Community Policing Activities In Local Police Departments, Hyon Namgung

Dissertations

A review of modern police history shows the trend of increased division of labor within police agencies. However, police organizations are often criticized for creating specialized police units when they are faced with specific problems or are not effectively tackling local problems. Other challenges from within the profession include potential inter-unit conflicts or indifference of officers from other units that may hinder program implementation by specialized units. The present study looked into the changing characteristics of specialized units within police departments between 2000 and 2007. This research also examined whether creation of specialized community policing units (CP Units) influences the …

Lightning Strikes Twice: An Examination Of The Political Factors Associated With State-Level Death Sentences And Executions In The United States, 1930-2012, Ethan Christopher Amidon

Dissertations

Over the course of the last 50 years, scholars have emphasized the role that political processes play in shaping the nature of capital punishment practices. Empirical studies that have examined the relationship between political factors and capital punishment have attributed variation in the imposition of death sentences and the execution of offenders across jurisdictions in the United States to the politicization of criminal justice policies and practices and the shift in public sentiment towards more punitive ideologies that began in the 1970s. Even though historians have argued that capital punishment practices have always been shaped by political considerations, empirical research …

Good Practices In Standard Setting For Domestic Worker Contracts, Piyasiri Wickramasekara

PIYASIRI WICKRAMASEKARA

The presentation discusses international good practices in model or standard employment contracts in protection of migrant domestic workers. International instruments negotiated by ILO and UN constituents are the best sources of good practices. It outlines the provisions in international instruments, particularly the ILO Convention on Domestic Workers, 2011 (No. 189). The author maintains that for maximum effectiveness, the model/standard contracts should be mutually recognized by countries of origin and destination, and duly enforced to ensure compliance by employers, and supplemented by other measures. The author concludes that there is a large unfinished agenda in ensuring decent work for domestic workers.

Do Experience Tables Matter, Peter B. Hoffman, Harvey M. Goldstein

Peter R. Hoffman

No abstract provided.

A Historical View Of Cuban Immigration Policy, Sarah Castro

HIM 1990-2015

Cuba is a communist country an estimated population of 11,075,244(2013), Cuba is located about ninety-three miles south of Key West, Florida. Cuba has been ruled by the communist regime of Fidel Castro, and now his younger brother Raul Castro. For over fifty years this regime has forced a major increase in the amount of people migrating to the United States. The regime has been disregarding basic human rights for decades and oppressing Cuba’s citizens. Hundreds of thousands of Cubans have come to the United States using boats, rafts, or any means available. The Cuban Adjustment Act of 1966 (amended in …

Brave New World Reloaded: Advocating For Basic Constitutional Search Protections To Apply To Cell Phones From Eavesdropping And Tracking By Government And Corporate Entities, Mark Berrios-Ayala

HIM 1990-2015

Imagine a world where someone’s personal information is constantly compromised, where federal government entities AKA Big Brother always knows what anyone is Googling, who an individual is texting, and their emoticons on Twitter. Government entities have been doing this for years; they never cared if they were breaking the law or their moral compass of human dignity. Every day the Federal government blatantly siphons data with programs from the original ECHELON to the new series like PRISM and Xkeyscore so they can keep their tabs on issues that are none of their business; namely, the personal lives of millions. Our …

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …

Eternal Recurrence In A Neo-Kantian Context, Michael S. Green

Faculty Publications

In this essay, I argue that someone who adopted a falsificationism of the sort that I have attributed to Nietzsche would be attracted to the doctrine of eternal recurrence. For Nietzsche, to think the becoming revealed through the senses means falsifying it through being. But the eternal recurrence offers the possibility of thinking becoming without falsification. I then argue that someone who held Nietzsche’s falsificationism would see in human agency a conflict between being and becoming similar to that in empirical judgment. In the light of this conflict only the eternal recurrence would offer the possibility of truly affirming life. …

Judicial Behavior And Litigant Success In Environmental Cases At The United States Court Of Appeals, Elizabeth Wheat

Dissertations

This dissertation tests the legal model of judicial behavior and uses party capability, or litigant resource, theory to explain litigant success in the Court of Appeals for environmental cases and help understand the role litigant type and resources play. Environmental law has received little attention in judicial politics, and I examine which judicial behavior model explains case outcomes. The legal model argues case characteristics best explain judicial outcomes, whereas litigant resource theory posits judicial a litigant’s resources, or lack thereof, explain outcomes.

Galanter’s (1974) party capability theory focuses on advantages repeat players, the “haves,” possess and how these advantages enable …

Sensitivity And Species Specificity Of Bisulfite Modification And Pyrosequencing Technology Used To Identify Tissue-Specific Dna Methylation Patterns In Common Biofluids Foudn In Crime Scenes, Sitara Christian Shirwani

Master's Theses

In order to convict the guilty or exonerate the innocent in criminal cases, it is crucial to reconstruct the crime scene and/or determine the nature of the crime. Identifying the different biofluids found at a crime scene can help shed light on these aspects of forensic casework. Recently, DNA methylation has been used as a means of identifying biological materials, as opposed to conventional protein/enzyme based methods. DNA methylation is the addition of a methyl group to the 5' carbon on a cytosine base (C), which is directly followed by a guanine base (G) and are called CpG sites. The …

Political Motive And Bail: The Effect Of Prosecutorial Strategies On Pretrial Decisions In Federal Terrorism Trials, Michael John Clanton

Graduate Theses and Dissertations

The purpose of this study is to understand how prosecutorial strategies affect pretrial decisions in U.S. terrorism trials and how pretrial decisions in turn affect the disposition of those trials. This research builds off of the work of Smith and Damphousse (1996) which compared terrorism indictees to traditional federal offenders. They found that the use of explicit politicality as a prosecution strategy was a significant predictor of both disposition and the sentence length in terrorism trials. This study focuses on the question of whether the use of an explicitly political prosecution strategy impacts pretrial decisions in terrorism cases and whether …

The Effects Of Family Structure On Juvenile Delinquency, Alisha B. Parks

Electronic Theses and Dissertations

Studies show that family structure is an important factor in explaining delinquency among adolescents (Price & Kunz, 2003). There is a lack of research, however, pertaining to cohabitation. The main goals of this study are to determine if there are variations in delinquency between cohabitating and other family types, and to examine the extent to which parental social control measures account for the variation in delinquency by family structure. Data from the National Longitudinal Study of Adolescent Health (Add Health) are used for the purposes of this study (n = 4,389). While there are no significant differences in violent delinquency …

Examining Juvenile Delinquency Contributors Through Life-Course And Strain Theory, Caitlin E. Burns

Electronic Theses and Dissertations

For years the causes of juvenile delinquency have drawn a lot of attention from the scientific community and have become a widely studied concept in research literature. Causes of juvenile delinquency have become an important aspect of criminological study because with the knowledge of what contributes to delinquency, the scientific community can possibly slow down the continuous act of offending, also known as continuity, through implementation of prevention strategies. Criminological theory is used to define and help understand why certain contributors are the foundation for juvenile delinquency, along with the continuity of crime for an adolescent but also what factors …

The Hotel Manager’S Perceived Conflict Of Providing For Hospitality And Security: Can The Two Exist In Harmony?, Silvano Cozzini

UNLV Theses, Dissertations, Professional Papers, and Capstones

The hospitality industry relies upon regular and repeat customers for its survival. No traveler or visitor will return to a hotel property where a bad incident occurred. Would a diner go back to any restaurant where they were sickened by their meal? Would a hotel guest return to any property where they were a victim of a crime? Bad experiences make us tell ourselves, “I will never go back there again!”

This same psychology holds true for criminals. At places where they have been deterred by a high security presence, it is unlikely that they would return there, either. A …

Estimating Age: College Males Versus Convicted Male Child Sex Offenders, Robert Marsh, Sergio Romero, Steven Patrick

Sergio Romero

Two samples, male college students and convicted male child sex offenders, are compared on their abilities to accurately estimate the age group of a series of photographs of a sole female ranging in age from 11 to 29. Both samples tend to overestimate the age group of the subject photos, and no significant difference was found between college students and convicted child sex offenders in their ability to estimate the age of females. Both groups are compared demographically, and only limited differences were found. The implications are discussed in regard to theory and prevention of child sexual abuse.

Immigration Policing And Federalism Through The Lens Of Technology, Surveillance, And Privacy, Anil Kalhan

Anil Kalhan

With the deployment of technology, federal programs to enlist state and local police assistance with immigration enforcement are undergoing a sea change. For example, even as it forcefully has urged invalidation of Arizona’s S.B. 1070 and similar state laws, the Obama administration has presided over the largest expansion of state and local immigration policing in U.S. history with its implementation of the “Secure Communities” program, which integrates immigration and criminal history database systems in order to automatically ascertain the immigration status of every individual who is arrested and booked by state and local police nationwide. By 2012, over one fifth …

Estimating Age: College Males Versus Convicted Male Child Sex Offenders, Robert Marsh, Sergio Romero, Steven Patrick

Robert L. Marsh

Two samples, male college students and convicted male child sex offenders, are compared on their abilities to accurately estimate the age group of a series of photographs of a sole female ranging in age from 11 to 29. Both samples tend to overestimate the age group of the subject photos, and no significant difference was found between college students and convicted child sex offenders in their ability to estimate the age of females. Both groups are compared demographically, and only limited differences were found. The implications are discussed in regard to theory and prevention of child sexual abuse.

Demographic Patterns Of Cumulative Arrest Prevalence By Ages 18 And 23, Robert W. Brame, Shawn D. Bushway, Raymond Paternoster, Michael G. Turner

Robert Brame

No abstract provided.

Gridland: An Allegorical Critique Of Federal Sentencing, Erik Luna

Erik Luna

No abstract provided.

Constitutional Road Maps, Erik Luna

Erik Luna

No abstract provided.

Using The Massachusetts Youth Screening Instrument–Version 2 On A Community Sample Of African American And Latino/A Juvenile Offenders To Identify Mental Health And Substance Abuse Treatment Needs, Kendell Coker, Jamie Wernsman, Uduakobong N. Ikpe, Jeannie S. Brooks, Lynn Bushell, Barbara Kahn

Psychology Faculty Publications

The Massachusetts Youth Screening Instrument-Version 2 (MAYSI-2) is a brief screening tool used to identify youth in the juvenile justice system that are at-risk for mental health related difficulties. The MAYSI-2 was administered to 5,205 African American and Latino/a youth throughout Chicago, Illinois who were on probation and residing in the community. This study investigated differences (i.e., legal status, gender, age, race/ethnicity) in reporting of mental health symptoms and substance use on the MAYSI-2. Females scored above the clinical cutoffs more frequently than males and there were few differences found between diverted and adjudicated youth. Age comparisons revealed mixed results. …

Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter Aschenbrenner

Peter J. Aschenbrenner

Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the choices underlying various clauses. However, no delegate had access to the official journal of the constitutional convention.

Strategic Default In Joint Liability Groups: Evidence From A Natural Experiment In India, Xavier Gine, Karuna Krishnaswamy, Alejandro Ponce

Alejandro Ponce

Despite the high repayment rates claimed by microcredit programs around the world, some groups of borrowers eventually default and are subsequently disbanded. Exposure to common shocks and strategic default are reasons for the deterioration in group repayment but identification of the precise mechanism is difficult. In this paper we exploit an announcement issued by the Anjuman Committee of a town in southern India banning all Muslims from repaying their microfinance loans. Using administrative data we find that borrowers in Muslim-dominated groups have higher default rates after the announcement compared to the same borrowers with loans in Hindu-dominated groups. We conclude …

Coase Minus The Coase Theorem--Some Problems With Chicago Transaction Cost Analysis, Pierre Schlag

Pierre Schlag

In law as well as economics, the most well-known aspect of Coase’s “The Problem of Social Cost,” is the Coase Theorem. Over the decades, that particular notion has morphed into a crucial component of Chicago law and economics—namely, transaction cost analysis. In this Article, I deliberately bracket the Coase Theorem to show that “The Problem of Social Cost” contains far more interesting and unsettling lessons—both for law as well as for economics. Indeed, while Coase’s arguments clearly target the Pigouvian attempts to “improve on the market” through government correctives, there is, lurking in those arguments, a much more profound critique …

Courting Power, Anil Kalhan

Anil Kalhan

No abstract provided.

Table Annexed To Article: Secrecy Broken: Reports Of The Delegates Following The Federal Convention, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Despite the measures taken to ensure the secrecy of the proceedings during the federal convention, many delegates made reports to their states and explained the choices behind various clauses. However, no delegate had access to the official journal of the constitutional convention.