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Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis 2017 University of Massachusetts Boston

Introduction: Lynching, Incarceration’S Cousin: From Till To Trayvon, Barbara Lewis

Barbara Lewis

The wholesale criminalizing of the black male has been much in the news, put there by the Trayvon Martin case and the Florida verdict. (Incidentally, even though we don’t often think of it, Florida was where the first African slaves were installed in America, back in the 1500s in the city of St. Augustine.) As an academic, which, loosely translated means that I often bury my head between the covers of a book trying to figure out one thing or another, I am thought of as someone who is cautious and circumspect in what I think and write, but ...


Crime Stats Should Inform The Public: Trump Is Misusing Them To Scare Us Instead, Philip M. Stinson 2017 Bowling Green State University - Main Campus

Crime Stats Should Inform The Public: Trump Is Misusing Them To Scare Us Instead, Philip M. Stinson

Criminal Justice Faculty Publications

No abstract provided.


Murray Energy Corporation V. Mccarthy, Sarah M. Danno 2017 University of Montana School of Law

Murray Energy Corporation V. Mccarthy, Sarah M. Danno

Public Land and Resources Law Review

Holding that the widespread effects of environmental regulation on the coal industry constituted sufficient importance, the Northern District of West Virginia ordered the Environmental Protection Agency to conduct analysis on employment loss and plant reduction resulting from regulatory effects. In admonishing the EPA’s inaction, the court ruled that the Agency had a non-discretionary duty to evaluate employment and plant reduction. Furthermore, the court held that the EPA’s attempt to put forth general reports in place of required evaluations was an invalid attempt to circumvent its statutory duty.


The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke 2017 The Graduate Center, City University of New York

The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

As global legal governance institutions exercise increasing coercive power, including through the prosecution and incarceration of individuals, such institutions require greater legitimacy. An essential but often overlooked source is the right of the accused in mass-atrocity trials to effective legal protection, which constitutes a “legal legitimacy” based on liberal norms of criminal justice. The two most important sources of legal legitimacy are: “legality,” that is, the non-retroactive enforcement of crimes and punishment; and “defense parity,” institutional and procedural guarantees of substantive equality between the defense and prosecution before and during trial. The dissertation argues that the implementation of defendant rights ...


Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar 2017 The Graduate Center, City University of New York

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three ...


Masculinity And Disproportionate Risk Of Contact With The Criminal Justice System: Findings From A Select Sample Of Low-Income Black Males In New York City, Michael G. Pass 2017 The Graduate Center, City University of New York

Masculinity And Disproportionate Risk Of Contact With The Criminal Justice System: Findings From A Select Sample Of Low-Income Black Males In New York City, Michael G. Pass

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

Official statistics document that Black males experience disproportionate contact with the criminal justice system (CJS). Existing theory and research suggest that this contact may be attributed to unique attributes of Black masculine behavior. Utilizing a meta-analysis of Black masculinity studies and content analysis of narratives from a select sample of Black males, ages 19-50, the current study examines the similarities and differences between the construction and performance of normative or traditional masculinity, as measured by Mahalik et als’ CMNI and the attributes of Black masculinity as defined in the literature. A goal of the study was to assess whether Black ...


Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch 2017 Boise State University

Ideology, Race, And The Death Penalty: "Lies, Damn Lies, And Statistics" In Advocacy Research, Anthony Walsh, Virginia Hatch

Journal of Ideology

We use the literature on race in death penalty to illustrate the hold that ideology has on researchers and journalists alike when a social issue is charged with emotional content. We note particularly how statistical evidence become misinterpreted in ways that support a particular ideology, either because of innumeracy or because—subconsciously or otherwise—one’s ideology precludes a critical analysis. We note that because white defendants are now proportionately more likely to receive the death penalty and to be executed than black defendants that the argument has shifted from a defendant-based to a victim-based one. We examine studies based ...


Social Relationships In Young Offenders: Relevance To Peers, Poverty, And Psychological Adjustment, Victoria Sabo 2017 The University of Western Ontario

Social Relationships In Young Offenders: Relevance To Peers, Poverty, And Psychological Adjustment, Victoria Sabo

Electronic Thesis and Dissertation Repository

The increasing influence of peers in adolescence is related to a developing array of skills, aspirations, attitudes, and behaviours. The nature and magnitude of this influence and the potential association of certain youth with deviant peers is among the most prominent risk factors in predicting youth crime. This becomes of greater concern for economically disadvantaged youth, whose neighbourhoods harbour greater susceptibility to negative peer influence. With social affiliations at the forefront of youth development and criminality, research efforts need to further characterize the nature, constitution, and influence of peers on adolescent offending. Two hundred and eighty-one Canadian youth were sampled ...


Exploring Mental Health In Justice Involved Youth: Relevance For Policy And Practice, Angelina Sarah MacLellan 2017 The University of Western Ontario

Exploring Mental Health In Justice Involved Youth: Relevance For Policy And Practice, Angelina Sarah Maclellan

Electronic Thesis and Dissertation Repository

Over the past two decades, awareness of the prevalence of mental health problems in young offenders (ages 12 to 17 years) has grown, with estimates suggesting significantly higher rates compared to the general population. While experiencing poverty does not cause crime, recent research drawing from the Social Psychology of Crime suggests that individuals who experience poverty tend to live in adverse social environments, which can facilitate exposure to modeling and/or reinforcement that is related to antisocial behaviour. In the present study, archival data were drawn from 281 young offenders’ files from an urban-based court clinic to examine how the ...


Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 20 Statutory Rape, Paul H. Robinson, Tyler Scot Williams 2017 University of Pennsylvania Law School

Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 20 Statutory Rape, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 5 Felony-Murder Rule, Paul H. Robinson, Tyler Scot Williams 2017 University of Pennsylvania Law School

Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 5 Felony-Murder Rule, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 14 Insanity Defense, Paul H. Robinson, Tyler Scot Williams 2017 University of Pennsylvania Law School

Mapping American Criminal Law An Exploration Of The Diversity Among The States: Ch. 14 Insanity Defense, Paul H. Robinson, Tyler Scot Williams

Faculty Scholarship

It is common for criminal law scholars from outside the United States to discuss the “American rule” and compare it to the rule of other countries. As this volume makes clear, however, there is no such thing as an “American rule.” Because each of the states, plus the District of Columbia and the federal system, have their own criminal law, there are fifty-two American criminal codes.

American criminal law scholars know this, of course, but they too commonly speak of the “general rule” as if it reflects some consensus or near consensus position among the states. But the truth is ...


Strict Liability's Criminogenic Effect, Paul H. Robinson 2017 University of Pennsylvania Law School

Strict Liability's Criminogenic Effect, Paul H. Robinson

Faculty Scholarship

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.

But this analysis fails ...


Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya 2017 Mzumbe University

Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya

Dignity: A Journal on Sexual Exploitation and Violence

Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and ...


A Policy Evaluation: Comparing Levels Of Police Injuries Associated With The Use Of Less-Lethal Instruments In Law Enforcement Â?? Conducted Energy Devices Vs. Other Less-Lethal Instruments, Lydia Denise Adkins 2017 Walden University

A Policy Evaluation: Comparing Levels Of Police Injuries Associated With The Use Of Less-Lethal Instruments In Law Enforcement Â?? Conducted Energy Devices Vs. Other Less-Lethal Instruments, Lydia Denise Adkins

Walden Dissertations and Doctoral Studies

Police officers continue to sustain injuries during close proximity encounters with non-compliant and combative suspects. The purpose of this quasi-experimental study was to examine whether the use of less-lethal instruments, such as conducted energy devices, oleoresin capsicum, impact batons, and hands/feet defensive tactic reduced police officer injury during confrontations with uncooperative suspects at a medium-sized police department in a southern state. Fichtelberg's democratic policing was used as the theoretical framework for this study. Data were acquired from Suspect Resistant Reports (n = 409) written by police officers over a 10-year period (1/05 â?? 12/14). The dependent variable ...


A Critical Race Theory Intervention Into The Cultural Defense Debate, Phoebe Shen 2017 Scripps College

A Critical Race Theory Intervention Into The Cultural Defense Debate, Phoebe Shen

Scripps Senior Theses

The cultural defense is an informal term that describes the use of cultural information to mitigate criminal responsibility, often used in conjunction with traditional defense strategies such as provocation or insanity. Arguments for the cultural defense include respecting cultural practices under the liberal narrative that frames the United States as a multicultural and pluralistic society. Advocates of the cultural defense recognize the harmful effects of the false universalism of the law. However, the cultural defense has been criticized as essentialist and harmful as it has been used in high profile cases to justify violence against women of color. The cultural ...


People Want To Know Who We Are: Contestations Over National Identity Through Film, Monika Lee 2017 Scripps College

People Want To Know Who We Are: Contestations Over National Identity Through Film, Monika Lee

Scripps Senior Theses

A critical analysis of the film Remember the Titans, released in 2000, shows a preoccupation with nation and national identity through race and football. Set in 1971, it follows the desegregation and integration of a high school football team in Virginia. The film articulates a revisionist racial reconciliation reading of the Civil War based on white suffering and subsequent redemption. At its core it is a story about the progress of race relations and racism, framed as interpersonal relationships and segregation, in the United States.


Communities Of Resistance: Welfare Queens And The Infrapolitics Of Black Hair Tutorials On Youtube, ReAndra Johnson 2017 Scripps College

Communities Of Resistance: Welfare Queens And The Infrapolitics Of Black Hair Tutorials On Youtube, Reandra Johnson

Scripps Senior Theses

The author raises the question of what black women do to resist acts taken by the government to control their bodies such as the welfare queen trope. Many authors demonstrate that the welfare queen is used to control black women as a labor force as well as their reproduction. An infrapolitical reading of black hair tutorials is done to analyze the ways that black hair care is a form of political resistance. Robin Kelley's use of infrapolitics to understand actions taken by working class black people is used as a model.


Spread Bancário E Enforcement Contratual Hipótese De Causalidade Reversa E Evidência Empírica, Bruno Meyerhof Salama 2016 FGV Law School in Sao Paulo

Spread Bancário E Enforcement Contratual Hipótese De Causalidade Reversa E Evidência Empírica, Bruno Meyerhof Salama

Bruno Meyerhof Salama

O consenso da literatura é o de que o baixo nível de enforcement dos contratos e garantias seja uma causa importante do alto spread bancário no Brasil. No entanto, por conta de uma dinâmica de causalidade reversa, pode haver uma endogeneidade na estimação deste efeito causal. O presente trabalho formula esta hipótese, apresenta evidência empírica preliminar e retira implicações normativas. Ao final, apresenta lições úteis para a análise econômica do direito e do Poder Judiciário.
 
The consensus in the literature is that the low level of enforcement of contracts and guarantees is an important cause of Brazil’s high banking ...


Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe 2016 Tulane University School of Law

Contemporary Soviet Criminal Law: An Analysis Of The General Principles And Major Institutions Of Post-1958 Soviet Criminal Law, Chris Osakwe

Georgia Journal of International & Comparative Law

No abstract provided.


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