Legal Studies Commons^™

Reparations For The Wrongly Convicted, Gillian Trost

Undergraduate Theses and Capstone Projects

Wrongly convicted persons should be offered reparations in instances where they have suffered or faced harm as a result of their wrong conviction. Harms can include, but are not limited to, losing physical time, mental health damages, monetary harm, and damages to the person’s reputation. Harms are anything that has diminished a person's quality of life throughout the conviction process and even after exoneration. Failure to offer reparations to these persons is unethical and reparations are a necessary consequence when the judicial system convicts the wrong person. Failure to offer reparations also lessens the judicial system’s accuracy and reliability when …

Reparations For The Wrongly Convicted, Gillian Trost

Graduate Dissertations and Theses

Wrongly convicted persons should be offered reparations in instances where they have suffered or faced harm as a result of their wrong conviction. Harms can include, but are not limited to, losing physical time, mental health damages, monetary harm, and damages to the person’s reputation. Harms are anything that has diminished a person's quality of life throughout the conviction process and even after exoneration. Failure to offer reparations to these persons is unethical and reparations are a necessary consequence when the judicial system convicts the wrong person. Failure to offer reparations also lessens the judicial system’s accuracy and reliability when …

The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram

Philosophy: Faculty Publications and Other Works

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …

Colombian Women’S Experiences Of The Canadian Refugee And Asylum Adjudication Process, Camila N. Parra Carrillo

Electronic Thesis and Dissertation Repository

The present thesis “Colombian women’s experiences of the Canadian refugee and asylum adjudication process” is an ethnographic description and analysis of the experiences of Colombian refugee women as they move through the refugee and asylum adjudication system in Ontario, Canada. Using concepts such as liminality, politics of waiting, hermeneutics of suspicion and arbitrariness, the refugee and asylum adjudication system is shown to be a site of power and domination that creates negative emotions in the people who face it, especially in the oral hearing as a central event in the process. Centering Colombian refugee women’s voices, their experiences and emotions …

Mass Violence, Environmental Harm, And The Limits Of Transitional Justice, Rachel Killean, Lauren Dempster

Genocide Studies and Prevention: An International Journal

The relationship between the environment and mass violence is complex and multi-faceted. The effects of environmental degradation can destabilize societies and cause conflict. Attacks on the environment can harm targeted groups, and both mass violence and subsequent transitions can have harmful environmental legacies. Given this backdrop, it is notable that the field of transitional justice has paid relatively little attention to the intersections between mass violence and environmental degradation. This article interrogates this inattention and explores the limitations and possibilities of transitional justice as a means of addressing the environmental harms associated with mass violence. The article makes four key …

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home’s …

The Politics Of The Self: Psychedelic Assemblages, Psilocybin, And Subjectivity In The Anthropocene, Joshua Falcon

FIU Electronic Theses and Dissertations

This dissertation examines how psychedelic substances become drawn into particular sociohistorical and political arrangements, and how psychedelic experiences with psilocybin ‘magic mushrooms’ are used as tools of subjectivation. Guided by literatures in philosophy, critical theory, and the social sciences that focus on subjectivity, assemblage theory, and critical posthumanism, I argue that psychedelics are drawn into variegated assemblages, each of which conceptualizes the nature of psychedelics in highly specific ways that reflect implicit conceptions of the world and the self. In developing the concept of psychedelic assemblages, this research provides a window onto the politics of the self in the Anthropocene. …

The Cop In Your Head: Criminal Justice Education, Liberalism, And The Carceral State, Nicole Haiber

Dissertations, Theses, and Capstone Projects

This thesis centers policing ideology in higher education and the way it is constructed and fortified through criminal justice programs. In 1968, the Law Enforcement Education Program (LEEP) made funds available to police officers to attend college and awarded grants to universities to create criminal justice programs. The program effectively funneled federal money into the project of professionalizing the police and developed criminal justice as a field devoted to conducting crime research, as defined by the federal government. Criminal justice programs exploded across the country with the availability of LEEP funding, and the City University of New York’s (CUNY) John …

Degree Of Satisfaction Of Elderly About The Services Provided To Them In Social Care Houses In White Beds Association, Yousef Mohammed Al-Shurman, Ferdous Hasan Omari

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims at identifying the degree of satisfaction of the elderly about the (social, health, entertainment, psychological) services provided to them in social care houses. The sample of the study includes all residents of the White Beds Association for the care of the elderly in Amman. The researcher designed a questionnaire to use in the interviews with the elderly. The questionnaire has four items, and each item includes a group of questions about the service provided to them. The researcher interviewed all the members of the White Beds Association, whose health condition allowed this, (75 elderly people: 44 men …

The Significance Of Sonic Branding To Strategically Stimulate Consumer Behavior: Content Analysis Of Four Interviews From Jeanna Isham’S “Sound In Marketing” Podcast, Ina Beilina

Student Theses and Dissertations

Purpose:
Sonic branding is not just about composing jingles like McDonald’s “I’m Lovin’ It.” Sonic branding is an industry that strategically designs a cohesive auditory component of a brand’s corporate identity. This paper examines the psychological impact of music and sound on consumer behavior reviewing studies from the past 40 years and investigates the significance of stimulating auditory perception by infusing sound in consumer experience in the modern 2020s.

Design/methodology/approach:
Qualitative content analysis of audio media was used to test two hypotheses. Four archival oral interview recordings from Jeanna Isham’s podcast “Sound in Marketing” featuring the sonic branding experts …

The Spatial Associations Between Crime And Economy In Chicago 2015-2020, Hongtao Huang

Honors Capstones

The severity of the crime is often the most intuitive reflection of whether a region is safe and the top factor for the public when evaluating a region. Economist's list of the safest cities in seven major North American cities, Chicago was ranked at six, just above Dallas. Chicago scored the lowest in personal security, which is closely tied to the crime. Against the backdrop of higher unemployment and prices, this study is interested in how property-based crimes are related to the economic decline in Chicago geographically. The study used the heterogeneity analysis tool Geodetector to investigate the correlation between …

The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith

The Purdue Historian

This paper covers how the substance and meaning of liberty changed during the ending years of the Gilded Age (1870-1900) through the beginning ages of the Civil Rights Movement (1954-1968). Economic liberty took shape in the cases Allegeyer v. Louisiana (1897) and Lochner v. New York (1905). Civil liberties would take several more years to come into the Supreme Court’s jurisdiction. The case Gitlow v. New York (1925) began the establishment of incorporation of the Bill of Rights to the states, otherwise known as our fundamental liberties (note: The Supreme Court used selective incorporation, however). In the case U.S. v. …

Researcher-Participant Privilege: Confidentiality And Qualitative Criminology, Eric Michael

UNLV Theses, Dissertations, Professional Papers, and Capstones

Research institutions have the responsibility to comply with laws that govern the oversight of all research including research with human subjects. Institutional Review Boards (IRBs) review research protocols and approve research based on the rights and safety of research subjects. When conducting qualitative criminological research, researchers must weigh ethical considerations around their methods. These methodological considerations are coupled with guiding ethical principles that are fundamental to human subject research. One major consideration regards breaking confidentiality which can bring about great risk to participants. The following thesis focuses on the ethics of researcher-participant privilege and issues that qualitative researchers have in …

Looking At Latino Communities: Legal Cynicism, Acculturation, And Their Willingness To Cooperate With Police, Shayla Salais

Open Access Theses & Dissertations

Numerous studies have examined how acculturation affects Latino neighborhoods and how legal cynicism affects Latino neighborhoods. Acculturation has been linked with low crime levels, meanwhile legal cynicism is attributed to high crime levels. This study aims to address this contradiction in the literature. Based on 1059 surveys, 46 neighborhood clusters were used to examine how legal cynicism and acculturation to Mexico impact a neighborhoods willingness to cooperate with police. A multivariate ordinary least squares (OLS) regression found that acculturation to Mexico results in higher levels of legal cynicism and less willingness to cooperate with police. The OLS regression also found …

Zinā In The Criminal Legislation Act (1999-2000): An Evaluation Of The Implication For Muslim Women's Right In Nigeria, Paul Orerhime Akpomie

Theses and Dissertations

The research engages in an exploration of human rights in Islam. Human rights issues are then contrasted with international law positions. The data gotten is then used for investigating women’s human rights issues in Shariʾa penal tradition regarding zinā (adultery) in Nigeria. The re-emergence of Sharia penal codes adopted by 12 Northern states in Nigeria in 1999 as an operative Islamic law has sparked concerns about rulings amounting to stoning to death in several cases of zinā. These events raised concerns about Shariʾa penal traditions’ legality and relationship with other legal traditions operational in Nigeria, a secular political space. …

Against The Death Penalty, Charles Jessup

Student Research Submissions

My thesis is an argument against the death penalty. Given that public support for the death penalty in America is at a half-century low (according to the Pew Research Center), the timing could not be more appropriate to examine the death penalty. This research project had a two-step approach: first, ethical theory-based arguments for and against the death penalty were examined. Following that ethical theory-based examination, real-world statistics were applied to these theories to test where they stand in modern society. The findings contained in this research project point to a clear reality that the death penalty in America is …

Volume 13, Payton Davenport, Audrey Lemons, Jacob Shope, Haley Smith, Cassandra Poole, Rachel Cannon, Rachel Boch, Suzanne Stetson

Incite: The Journal of Undergraduate Scholarship

Introduction Dr. Roger A. Byrne, Dean

From the Editor Dr. Larissa “Kat” Tracy

From the Designers Rachel English, Rachel Hanson

The Effect of Compliment Type on the Estimated Value of the Compliment by Payton Davenport, Audrey Lemons, and Jacob Shope

The Imperial Japanese Military: A New Identity in the Twentieth Century, 1853–1922 by Haley Smith

Longwood University’s campus: Human-cultivated Soil has Higher Microbial Diversity than Soil Collected from Wild Sites by Cassandra Poole

Reminiscent Modernism: Poetry Magazine’s Modernist Nostalgia for the Past by Rachel Cannon

Challenges Faced by Healthcare Workers During the COVID-19 Pandemic: A Preliminary Study of Age and …

Annual Faculty Research Symposium 2022, Oakwood University

Proceedings

No abstract provided.

How Do Arts Programs Facilitate Emotion Regulation In The Prison Setting?, Dana Parker

Senior Theses and Projects

Reentry and prison arts programs provide an opportunity for rehabilitation that facilitates healthier emotion regulation (ER), relationship building, and self-esteem. To measure the effects of arts-based interventions on ER, formerly incarcerated people completed a questionnaire that included three different measures: the Cognitive Emotion Regulation Questionnaire Short-Form (CERQ-Short), the Emotion Regulation Strategies for Artistic Creative Activities (ERS-ACA), and the Self-expression and Emotion Regulation in Art Therapy Scale (SERATS). Results showed that there were significant differences between males and females on their scores on ER subscales, where women more often than men employed positive ER strategies. In support of my hypotheses, higher …

How Practices Make Principles, And How Principles Make Rules, Mitchell N. Berman

All Faculty Scholarship

The most fundamental question in general jurisprudence concerns what makes it the case that the law has the content that it does. This article offers a novel answer. According to the theory it christens “principled positivism,” legal practices ground legal principles, and legal principles determine legal rules. This two-level account of the determination of legal content differs from Hart’s celebrated theory in two essential respects: in relaxing Hart’s requirement that fundamental legal notions depend for their existence on judicial consensus; and in assigning weighted contributory legal norms—“principles”—an essential role in the determination of legal rights, duties, powers, and permissions. Drawing …

Criminal Law’S Core Principles, Paul H. Robinson

All Faculty Scholarship

Modern criminal law scholars and policymakers assume they are free to construct criminal law rules by focusing exclusively on the criminal justice theory of the day. But this “blank slate” conception of criminal lawmaking is dangerously misguided. In fact, lawmakers are writing on a slate on which core principles are already indelibly written and realistically they are free only to add detail in the implementation of those principles and to add additional provisions not inconsistent with them. Attempts to do otherwise are destined to produce tragic results from both utilitarian and retributivist views.

Many writers dispute that such core principles …

The War On Drugs And Its Legal Effects On Black Americans, Alexia L. Howard-Mullins

2022 Symposium

The differences in treatment between Black and white Americans in the past fifty years has been a topic of thought in the minds of political and sociological scholars since the inception of the War on Drugs in 1971. These differences in treatment may lead to discrimination legally, resulting in longer prison sentences and a higher proportion of Black Americans in prison. This study analyzes the results of the War on Drugs that led to disproportionate imprisonment of Black Americans, including mandatory sentencing laws, drug classifications, and discrimination within law enforcement and the legal system. This study will use primary sources …

Mutual Rescue: Disabled Animals And Their Caretakers, Lynda Birke, Lori Gruen

Animal Studies Journal

In this paper, we explore how caretakers experience living with disabled companion animals. Drawing on interviews, as well as narratives on websites and other support groups, we examine ways in which caretakers describe the lives of animals they live with, and their various disabilties. The animals were mostly dogs, plus a few cats, with a range of physical disabilities; almost all had been rehomed, often from places specializing in homing disabled animals.

Three themes emerged from analysis of these texts: first, respondents drew heavily on the common narrative of disabled individuals as heroes, often noted in disability rights literature – …

Wild Dogs And Decolonization: Ivan Sen’S Mystery Road And Omar Musa’S Here Come The Dogs, Iris Ralph

Animal Studies Journal

The broad subject of First Nations and decolonial perspectives on animal flourishing is addressed in this paper in a reading of references to canids in Mystery Road (2013), a film by the First Nations-Australian director, Ivan Sen, and Here Come the Dogs (2014), a novel by the Malaysian-Australian author Omar Musa. Dingoes and other wild dogs are a prominent trope in Sen’s film and tie to seemingly perdurable debates about the rights of these animals to flourish in Australia. Dingo advocates argue that dingoes are endemic to Australia, are Australia’s oldest introduced animals, and are a top predator species and …

Snake Church, Sue Hall Pyke

Animal Studies Journal

This paper imagines Snake Church as a post-secular worship practice that reaches with and beyond the vilified serpent held within the limits of Judeo-Christianity. Snake Church offers a devotional practice enlivening enough to shift the languish of a post-secular world where the reasonableness of Enlightenment has crumbled into numbers like 440ppms and 1.5C. The Western empire has been revealed as stark naked, vulnerable, an old skin that cannot hold my world. Snake Church offers me a sacred opiating hope. As I approach a nascent liturgy, here, in the settler-ravaged Stony Rises, home to the Eastern Maar tiger snake and Eastern …

Zoolondopolis, Pablo P. Castelló

Animal Studies Journal

Imagine a future in which animals had fundamental rights to political participation and voting. What would our towns and cities look like? What kind of infrastructure would we need? And what kind of zoodemocracy would we, animals, co-author? As counterintuitive as it might seem, sometimes what is needed is not a minimal agenda. Animal rights theorists and the animal rights movement more generally have focused for decades on abolishing the farming of animals and on one-issue campaigns such as the abolition of the animal fur trade. These are noble and important pursuits, but what if the driving force to produce …

[Review] Mieke Roscher, André Krebber, And Brett Mizelle, Editors. Handbook Of Historical Animal Studies. Berlin: Walter De Gruyter, 2021. 637 Pp., David Herman

Animal Studies Journal

[Review] Mieke Roscher, André Krebber, and Brett Mizelle, editors. Handbook of Historical Animal Studies. Berlin: Walter de Gruyter, 2021. 637 pp. In their introduction to the volume under review, ‘Writing History after the Animal Turn? An Introduction to Historical Animal Studies’ (1–18), which uses Harriet Ritvo’s 2007 article ‘On the Animal Turn’ as a key reference point, the editors describe as follows the main goal of and broader rationale for the book: "the discourses of human-animal studies and historical animal studies, just like all the other disciplines involved in the reevaluation of the lives of animals and our relationship with …

Indigenous, Settler, Animal; A Triadic Approach, Fiona Probyn-Rapsey, Lynette Russell

Animal Studies Journal

In his Indigenous critique of the field of animal studies, Billy-Ray Belcourt (Driftpile Cree Nation) describes it as having an analytic blind spot when it comes to settler-colonialism, a blind spot that manifests through universalising claims and clumsy arguments about ‘shared’ oppressions, through assumptions that settler colonial political institutions can be a neutral part of the solution, and through a failure to engage with ‘Indigenous studies of other than human life’ (20). In the same article, he calls on decolonial projects to do more to include animality within their purview, to include critiques of animal agriculture and to incorporate critiques …

(Animal) Oppression: Responding To Questions Of Efficacy And (Il)Legitimacy In Animal Advocacy With A New Collective Action/Master Frame, Paula Arcari

Animal Studies Journal

Across the animal activist/academic community, there is an ongoing dissatisfaction with the movement’s achievements to date, or lack thereof – a sense that it has not achieved as much as expected, hoped for, and needed. While there have undoubtedly been positive changes, overall these efforts constitute a Sisyphean task given that nonhuman animals are entering the Animal-Industrial Complex (A-IC) in increasing numbers and faster than others are saved. Lack of unity, common goals, and related questions of (il)legitimacy are among some of the issues identified with ‘the movement’. In response, this paper proposes a new frame for animal advocacy that …

[Review] Tom Tyler. Game: Animals, Video Games, And Humanity. University Of Minnesota Press, 2022. 152 Pp., Michael Swistara

Animal Studies Journal

[Review] Tom Tyler. Game: Animals, Video Games, and Humanity. University of Minnesota Press, 2022. 152 pp.