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Finding Law, Stephen E. Sachs 2019 Duke Law School

Finding Law, Stephen E. Sachs

Faculty Scholarship

That the judge's task is to find the law, not to make it, was once a commonplace of our legal culture. Today, decades after Erie, the idea of a common law discovered by judges is commonly dismissed -- as a "fallacy," an "illusion," a "brooding omnipresence in the sky." That dismissive view is wrong. Expecting judges to find unwritten law is no childish fiction of the benighted past, but a real and plausible option for a modern legal system.

This Essay seeks to restore the respectability of finding law, in part by responding to two criticisms made by Erie and ...


The Ethics Of Environmental Litigation, Jenna Marie DiBenedetto 2018 Fordham University

The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto

Student Theses 2015-Present

Abstract

We are raised from the early days of our youth to distinguish right from wrong, evil from good. Though there are many careers that have easily distinguishable ethics from their day of creation, others require spend their entire professional careers floating in a grey area. Being a lawyer can leave you in limbo very often. The ethical battle between prosecuting people whose actions go against everything you believe in and defending someone who actions you struggle to rationalize, looking for a “nail in the coffin” or finding a way to pry it open can play a large role in ...


Using Open Textbooks To Incorporate Library Resources Into Classroom Instruction.Pptx, Anne Hudson, R. Alan Thompson 2018 DePaul University

Using Open Textbooks To Incorporate Library Resources Into Classroom Instruction.Pptx, Anne Hudson, R. Alan Thompson

Anne Hudson

American Library Association's Annual Conference program presentation, June, 2018. Liaison librarian's role in assisting faculty members who are interested in switching from a traditional textbook to an "open" with library resources textbook.


The Impacts Of Green Spaces On Crime In New York City, Matthew Edward Iannone Jr. 2018 Fordham University

The Impacts Of Green Spaces On Crime In New York City, Matthew Edward Iannone Jr.

Student Theses 2015-Present

From the early 1960s through the mid-1990s, crime in New York City ran rampant. With a gradually dwindling police during this time, a high unemployment rate, and an rapidly increasing metropolitan population, crime peaked in the early 1990s, with the murder rate hitting a record-high of 2,245 in 1990. When Mayor Rudy Giuliani took office in 1994 and appoint Bill Bratton as the NYPD police commissioner, these rates immediately plunged. Numerous factors may have contributed to this sudden decline in crime: the police force grew significantly through the 1990s, more criminals were placed and held in prison, and the ...


Police Perceptions On False Accusations Of Sexual Assault, Danielle Ostrander 2018 East Tennessee State University

Police Perceptions On False Accusations Of Sexual Assault, Danielle Ostrander

Electronic Theses and Dissertations

The purpose of this study was to expand current literature regarding police officers’ perceptions on false accusations of sexual assault; specifically, focusing on perceptions of the frequency of false accusations, rape myths and behavior displayed by women reporting sexual assault. Police officers’ perceptions on false accusations of sexual assault were examined by administering a 21-question survey consisting of close-ended and open-ended questions. The survey included questions about police perceptions, false accusations, rape myths, training, and behaviors of women reporting sexual assault. The sample consisted of 40 sworn law enforcement officers from different municipal police departments in Tennessee. The results showed ...


The American And Swedish Criminal Justice System: A Comparative Study, Josefin Hedstrom 2018 East Tennessee State University

The American And Swedish Criminal Justice System: A Comparative Study, Josefin Hedstrom

Electronic Theses and Dissertations

Hosting 22 percent of the world’s prison population, the United States is the number one country in the world regarding incarceration rates where 1 in 109 adults are locked up behinds bars and about two-thirds of offenders will recidivate within three years of their release (Durose, Coope, & Snyder, 2014; Kaeble, Glaze, Tsoutis, & Minton, 2016; U.S. Census Bureau, 2015; Walmsley, 2013). Sweden has one of the lowest recidivism and incarceration rates in the world where only 29 percent reoffend and 1 in 2,278 of their total population is behind bars (Kriminalvården, 2017; The World Bank, 2016). The purpose of this study is ...


#Readyforrio: How A Revised Rule 40 Impacted Sponsorship At The 2016 Summer Olympics, Anthony Carson 2018 University of South Carolina - Columbia

#Readyforrio: How A Revised Rule 40 Impacted Sponsorship At The 2016 Summer Olympics, Anthony Carson

Senior Theses

When planning and executing the Olympic Games, a premier event in modern sport, the International Olympic Committee (IOC) relies heavily on sponsorship revenue from their official sponsors. “Worldwide Olympic Partners,” the top 11 sponsors of the 2016 Olympics, had exclusive rights during the Olympic cycle from 2013-2016.

With the purchase of these expensive sponsorship deals, brands are looking to capitalize on the “glow” of the Olympics, and use excusive Olympic intellectual property to make ties from their brand to the Games. In order to make these sponsorship deals more valuable, the IOC has historically provided official partners with added exclusivity ...


Is Corporal Punishment The Best Punishment? A Millennial Perspective, Zachary Rush 2018 University of Tennessee at Chattanooga

Is Corporal Punishment The Best Punishment? A Millennial Perspective, Zachary Rush

Honors Theses

Corporal punishment, defined as “physical force resulting in pain or discomfort, but not significant injury…meant to alter a child’s unfavorable behavioral patterns,” remains a much debated topic of conversation in the United States (Straus & Donnelly, 2001, p. 4). Straus and Stewart (1999) reported that 94% of parents have spanked their children by the time of their fifth birthday. Moreover, the same study identified that 52% of parents continued to employ corporal punishment when their children were teenagers (twelve to thirteen years old) and 20% up until their children were seventeen years of age. However, spanking and similar forms of discipline previously employed in the school setting have, through policy revisions, been excluded, and now some scholars are calling for the eradication of such punishment in the home (Cuddy & Reeves, 2014). This is primarily due to various studies asserting that corporal punishment produces harmful effects including, but not limited to, depression, poor school performance, intensification of introversion and aggression, and cognitive injury (Berlin et al., 2009; Gershoff, 2002; Gershoff et al., 2010; Gershoff & Grogan-Kaylor, 2016; Gunnoe & Mariner, 1997; Kandel, 1990; Pagani et al., 2004; Simons, Simons, & Su, 2013; Straus & Paschall, 2009). The existing literature on perceptions of corporal punishment is scant and many studies of corporal punishment more generally are quite dated. In order to add to this body of literature, the current study explores millennials’ perceptions of corporal punishment in order to determine whether this ...


Polarization And The Supreme Court, Kyla Duffy 2018 University of Rhode Island

Polarization And The Supreme Court, Kyla Duffy

Senior Honors Projects

Political polarization has been commonly observed in American politics and has drawn scholarly interest. In recent years, trends of polarization have appeared to increase in Congress, with Democrats and Republicans drifting further and further apart. Americans appear to be deeply split on many social issues which have resulted in culture wars in American politics. According to the legal model of judicial decision making, decisions handed down by the Supreme Court should be unaffected by these trends of polarization. However, recent scholarship, most notably the attitudinal model of judicial decision making, calls into question the legal model of decision making. It ...


Factors Affecting The Longevity Of Individual Terrorists, Madeline Brice 2018 University of Arkansas, Fayetteville

Factors Affecting The Longevity Of Individual Terrorists, Madeline Brice

Theses and Dissertations

The purpose of this study is to examine factors that affect the longevity of individual terrorists. Previous studies on terrorist group longevity have focused on the decisions terrorist groups have made rather than focusing on factors that help individuals evade capture. Literature also suggests that terrorists that manage to stay active may be able to use this as a valuable recruiting tool. This project examines six different relationships with longevity, including Attorney General (AG) Guidelines, demographics, ideology, level of participation, number of activities, and sophistication of attack. To examine these relationships, data will be used from the American Terrorism Study ...


Revisiting Attitudes Toward The Police: The Impact Of Law Enforcement Simulations And Education On College Students, Selye Lee 2018 Indiana University of Pennsylvania

Revisiting Attitudes Toward The Police: The Impact Of Law Enforcement Simulations And Education On College Students, Selye Lee

Theses and Dissertations (All)

Understanding the public’s attitudes toward the police has been at the forefront of recent reform efforts because police organizations face growing governmental and public demands to deal with allegations of discrimination against minorities and of police misconduct. Increasing public confidence in law enforcement and enhancing relations between the police and the public has garnered the attention of criminal justice researchers and practitioners. The current study aims to extend our understanding of attitudes toward the police by examining how college students perceive the police and their services. Numerous variables have been identified from reviewing prior research as major predictors of ...


Acknowledgments, Howard S. Carrier 2018 James Madison University

Acknowledgments, Howard S. Carrier

International Journal on Responsibility

Serious work to bring the International Journal on Responsibility to life commenced during the summer of 2015. In the intervening period between conceptualization and publication, many organizations and individuals within James Madison University and the wider community have contributed enormously to bringing the journal to fruition.


Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti 2018 Haxhi Zeka University

Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti

International Journal on Responsibility

Legal education continues to be one of the most demanded areas of study from the younger generation in Kosovo. As result, the number of law graduates is quite high. On the other hand, the rule of law sector is quite fragile, judges and lawyers are perceived by parts of the society to be ethically dysfunctional. The trust in judicial institutions is quite low. The debate which is going on now is whose main responsibility for such a situation that is. Is the duty of the higher education institutions providing legal education, or is it a responsibility of educational institutions at ...


Resolving The Paradox Of Holding People Responsible, Hal Pepinsky 2018 Indiana University Bloomington

Resolving The Paradox Of Holding People Responsible, Hal Pepinsky

International Journal on Responsibility

Regardless of justification, it is commonplace throughout the U.S. criminal justice system as in everyday life to teach our offenders and children alike that wrong actions “have consequences,” namely, those authority figures promise to impose upon them. We do so in the name of holding people responsible for their actions, or in legal parlance in civil law, holding them accountable or liable. I noticed that in Norwegian, responsibility, accountability and liability translate into one word, ansvar, which I have translated from Germanic to Latin roots as “responsiveness.” In practice, the state of being responsive to others with whom one ...


Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun 2018 Northeastern llinois University

Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun

International Journal on Responsibility

No abstract provided.


What Does Responsibility Mean To Me?, Arun Gandhi 2018 M.K. Gandhi Institute for Nonviolence based at the University of Rochester

What Does Responsibility Mean To Me?, Arun Gandhi

International Journal on Responsibility

No abstract provided.


Who Is Responsible To Do What For Whom? A Letter From The Editor-In-Chief, Terry Beitzel 2018 James Madison University

Who Is Responsible To Do What For Whom? A Letter From The Editor-In-Chief, Terry Beitzel

International Journal on Responsibility

No abstract provided.


Police Lineups And Eyewitness Identification, Alessandra Ricigliano 2018 Merrimack College

Police Lineups And Eyewitness Identification, Alessandra Ricigliano

Honors Senior Capstone Projects

Improper police lineups often lead to the misidentification of a suspect in particular cases. These mistakes could potentially have detrimental effects on someone’s freedom because eyewitness identifications hold so much weight in court proceedings. If a witness or victim is certain they can identify the suspect, jurors are likely to believe them whether the witness is right or wrong. Eyewitness misidentification is one of the leading causes of wrongful convictions (The Innocence Project, 2017). The current research employs qualitative in depth interviews with police officers from local and state departments. The interviews asked about police procedures for conducting simultaneous ...


The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen 2018 University of Helsinki

The Normalization Of Prostitution In Switzerland: The Origin Of Policies, Corinne Isler, Marjut Jyrkinen

Dignity: A Journal on Sexual Exploitation and Violence

In this article, we examine how socio-political actors frame prostitution and problems attached to the phenomenon and what types of policies they suggest. The sex trade in Switzerland has been tolerated since 1942, and prostitution is protected under the economic freedom guaranteed by the Swiss constitution. Any critique of prostitution is viewed as counterproductive, claimed to be rooted in old-fashioned ideas about sexuality and thought to worsen the situation for women who sell sex. The role of sex buyers is largely obscured, and the presumed right to buy sex remains unquestioned.


Gatekeeping Decriminalization Of Prostitution: The Ubiquitous Influence Of The New Zealand Prostitutes' Collective, Janice G. Raymond 2018 University of Massachusetts, Amherst

Gatekeeping Decriminalization Of Prostitution: The Ubiquitous Influence Of The New Zealand Prostitutes' Collective, Janice G. Raymond

Dignity: A Journal on Sexual Exploitation and Violence

This article explores the activities of The New Zealand Prostitutes' Collective (NZPC) in promoting decriminalization of prostitution and its role in gatekeeping this legislation. The NZPC has loomed large in the government’s evaluations of the decriminalization legislation known as the Prostitution Reform Act (PRA). It has collected information, partnered on the research team appointed by the Ministry of Justice to conduct the research, and ultimately secured seats as evaluators on the Prostitution Law Review Committee (PLRC) charged with assessing the research and making recommendations. Much of its outsized influence on the research and conclusions of this report is demonstrated ...


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