Legal Studies Commons^™

Contract-Wrapped Property, Danielle D'Onfro

Scholarship@WashULaw

For nearly two centuries, the law has allowed servitudes that “run with” real property while consistently refusing to permit servitudes attached to personal property. That is, owners of land can establish new, specific requirements for the property that bind all future owners—but owners of chattels cannot. In recent decades, however, firms have increasingly begun relying on contract provisions that purport to bind future owners of chattels. These developments began in the context of software licensing, but they have started to migrate to chattels not encumbered by software. Courts encountering these provisions have mostly missed their significance, focusing instead on questions …

Voting Under The Federal Constitution, Travis Crum

Scholarship@WashULaw

There is no explicit, affirmative right to vote in the federal Constitution. At the Founding, States had total discretion to choose their electorate. Although that electorate was the most democratic in history, the franchise was largely limited to property-owning White men. Over the course of two centuries, the United States democratized, albeit in fits and starts. The right to vote was often expanded in response to wartime service and mobilization.

A series of constitutional amendments prohibited discrimination in voting on account of race (Fifteenth), sex (Nineteenth), inability to pay a poll tax (Twenty-Fourth), and age (Twenty-Sixth). These amendments were worded …

The False Promise Of Jurisdiction Stripping, Daniel Epps, Alan M. Trammell

Scholarship@WashULaw

Jurisdiction stripping is seen as a nuclear option. Its logic is simple: by depriving federal courts of jurisdiction over some set of cases, Congress ensures those courts cannot render bad decisions. In theory, it frees up the political branches and the states to act without fear of judicial second-guessing. To its proponents, it offers the ultimate check on unelected and unaccountable judges. To critics, it poses a grave threat to the separation of powers. Both sides agree, though, that jurisdiction stripping is a powerful weapon. On this understanding, politicians, activists, and scholars throughout American history have proposed jurisdiction stripping measures …

Assessing The Sustainable Development Dimensions Of Environmental Public Policies For Protected Natural Areas In Mexico: A 1970-2018 Perspective, Cielo María Ávila López, José Israel Herrera

Journal of Maya Heritage

Abstract: This abstract discusses the challenges and issues related to the implementation of Environmental Public Policies (EPP) for Protected Natural Areas (PNA) in Mexico from 1970 to 2018. EPPs aim to achieve sustainable development by balancing economic, environmental, and social dimensions while reconciling conservation and the use of natural resources with restrictions on their use and economic compensation to communities. However, the results of this study reveal that the establishment of PNA has been unilateral and without consensus, leading to limitations on communities' use of the environment without granting them economic compensation or productive alternatives. This has resulted in conflicts …

Human Trafficking In The Americas: Comparison Of Original Source Compilation Versus Unodc Data, Ivette Avila Jimenez

Electronic Theses, Projects, and Dissertations

International human trafficking (IHT) is a type of criminal activity that involves groups and individuals who facilitate the global movement and exploitation of people, often by illegal means. Estimates show that, worldwide, there are over 25 million victims of human trafficking at any given time; however, estimates are prone to under and overcounting. Focusing on the Americas, this study compared the quality of two data sources that could be used to observe IHT. Country-to-country IHT networks generated from 9 years of researcher compiled governmental and non-governmental data (2008-2017) was compared with networks generated from data downloaded from the United Nations …

Injustice In The Field? A Look At Field Booking Arrests In A Southeastern City, Deena A. Isom, Kaitlen E. Hubbard, Hiuxuan Li

International Journal on Responsibility

Issuing citations in lieu of arrests, or field booking arrests, is touted as beneficial by reducing the costs for the criminal legal system; reducing the burdens placed on individuals by avoiding arrest records, possible pretrial detention, and financial obligations; bettering community relationships with officers; increasing officer safety and efficiency; and reducing jail overcrowding. Yet, there are still substantial concerns that the practice may be disproportionately utilized and lead to net-widening. Using data obtained from a Freedom of Information Act (FOIA) request, we assess a snapshot of field booking arrests in a Southeastern city. Specifically, we assess if there are racial …

The Professionalization Of The Supreme Court, Ruben Lopez-Apodaca

Student Scholar Symposium Abstracts and Posters

The professional and personal backgrounds of Supreme Court Justices are becoming increasingly similar. Nearly all sitting justices hold degrees from an Ivy league law school and have experience as federal circuit judges. In earlier periods this was not the case. The Stone Court of the 1940’s had six Ivy League alumni and one judge with federal circuit experience. This begs the question, when and why did this shift take place? This study will provide an overview of the occupational and educational backgrounds of every justice from 1910 to the present, in addition to Supreme Court nominees of the same period …

Megaproyectos Y Su Impacto En Derechos Humanos En Una Comunidad De Origen Maya: Yaxhá, Yucatán, México., Gonzalo Manuel Herrera Canché

Journal of Maya Heritage

Abstract: The current development of extractive megaprojects in Latin American countries has had a significant impact on their societies and environments. This research addresses the issue of the impacts of extractive agricultural megaprojects on the environment, society and the economy, specifically the case of a pig farm in the community of Yaxhá, located in the municipality of Muna, Yucatán. The identified impacts are mainly attributed to the lack of strong and committed political institutions, lax environmental legislation, and the absence of an operating system, which facilitates human rights violations related to the environment, society, and access to information. In this …

Prisons And Universities: Co-Creating Curricula For Prison-University Partnerships., Michela Scalpello

Journal of Prison Education Research

This paper illustrates the approach of co-creating education where co-creation was an important aspect of the curriculum design. It makes a case for prison-university partnerships through two pedagogical case studies – one within a prison setting with a focus on soft skills acquisition and another in a Higher Education setting focusing on international criminal justice. Originating from the observations and reflections of an educator which led to a participatory action research opportunity, it asserts that actively teaching and learning together increases effective learning through better understanding and motivation, as well as giving access to the right to education regardless of …

Recent Updates From The Bgsu Police Integrity Research Group, Philip M. Stinson

Criminal Justice Faculty Publications

Presentation at the Annual Meeting of the American Society of Criminology in Philadelphia, PA on November 17, 2023.

Understanding Incarcerated Education: A Review Of The Digital And Gender Inequality Impacts Of Accessibility And Inclusivity Of Higher Education For Incarcerated Students, Bianca R. Parry Phd

Journal of Prison Education Research

Education in the correctional environment is endorsed as an effective rehabilitative tool linked to reducing recidivism and improving reintegration. Unfortunately, while researchers from the Global North are particularly active on the subject of the accessibility of digital education in corrections, the same cannot be said for the Global South. Of further concern is that few of the studies conducted have focused specifically on incarcerated women’s access to education. As discussed in the literature review to follow, research regarding higher education in corrections has the potential for expanding academics, stakeholders, and policy makers understanding of incarcerated students’ pathways towards education attainment. …

Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken

Genocide Studies and Prevention: An International Journal

The book Kings, Conquerors, Psychopaths is a survey of a vast amount of human wrongdoing. It lays bare the motivations of aggressors who wish to subjugate nations or groups of people and corporate executives and government bureaucrats who make discretionary decisions that harm people. Along with cataloging mass killings by despots and soldiers, the book includes stories about Ponzi-schemers and the deaths of automobile drivers and passengers who were killed by vehicle defects known to the manufacturer. The book posits that “[p]owerful, elite forces are trying to force us backward toward a non-democratic state, one where power, wealth, and prerogative …

“He’S In Jail Now And I Don’T Feel Bad”: Analyzing Sureties’ Decisions To Report Bail Violations, Rachel Schumann, Carolyn Yule

International Journal on Responsibility

The control, supervision, and rehabilitation of criminalized people often falls on the shoulders of non-state agents and organizations. Surety bail releases are a clear embodiment of this trend, as the courts call upon relatives, friends, and employers to supervise the pre-conviction activity of people accused of a crime. According to the law, sureties must report all bail violations to the police; the resulting diffusion of responsibility is said to increase the penal state’s power and control over criminal justice-involved individuals while minimizing reputational risks. Yet how sureties carry out this role in the community remains unexplored. Using data from 36 …

Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert

Articles

Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …

Public Perceptions And Legal Dimensions Of Juvenile Sexting, Corey Call

Journal of Social, Behavioral, and Health Sciences

The sending of sexually explicit messages, or “sexting” has been recognized as a common practice among youths. As sexting may involve the creation and distribution of sexually explicit images and videos, juvenile sexters can be charged with offenses related to child pornography. This study examined public attitudes toward juvenile sexting and demographic influences on these views. Based on a quantitative survey of 1,023 U.S. adults, the majority of respondents (51.8%) disapproved of criminalization in cases of consensual sexting, but 80% supported legal repercussions for nonconsensual sharing. Respondents primarily favored educational interventions (67.4%) and restrictions on technology use (53.4%) over harsh …

A Comparison Of Defensiveness In Mmpi-2-Rf Profiles Of Male Sex Offenders And Child Custody Litigants, Kyla M. Jones

Theses and Dissertations

Clinical evaluations have had a long-standing role in criminal and civil legal proceedings due to the intersection between various legal criteria and aspects of psychological functioning. The Minnesota Multiphasic Personality Inventory (MMPI; Hathaway & McKinley, 1943) and its subsequent versions have been among the most commonly utilized and empirically supported measures of personality and psychopathology in assessing forensic populations. One application for which MMPI instruments have been particularly useful is in the evaluation of sex offenders. This is in part due to the tests’ built-in validity scales, as MMPI underreporting scales are found to be effective in assessing sex offenders’ …

Sound Of Freedom: A Summer Blockbuster Movie With An Edge, Daniela Peterka-Benton, Bond Benton

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Lighting The Way Of The Learner: Towards A Social Virtue Epistemology In Aḥmad Al-Ṣaghīr’S The Faqīh’S Lantern, Amani Khelifa

Electronic Thesis and Dissertation Repository

This thesis offers an original translation and analysis of a West African didactic poem in Islamic ethics and law, by the Mālikī-Ashʿarī Mauritanian scholar Aḥmad al-Ṣaghīr (d. 1272 AH/1856 CE) called The Faqīh’s Lantern (Miṣbāḥ al-Faqīh). In addition to the critical translation, I examine the poem thematically through the lens of social virtue epistemology. Chapter 1 sketches the background of the text and author, positioning the author historically as a product of a rich scholarly and pedagogical tradition while noting Mauritania’s contemporary place in the North American Muslim imagination. Chapter 2 is the translation of the text, making …

Challenges Of Accessibility Of A Community Heritage Tourist Route: The Route Of The Caste War, Cecilia S. Medina Martín, David E. Tamayo Torres, Margarita De A Navarro Favela, Fredi R. Un Noh

Journal of Maya Heritage

This article presents the results of an accessibility analysis of The Caste War Route (RGC), prior to its commercialization as a community heritage product. The analysis consists of a diagnosis of the resource to establish destination-planning strategies. The accessibility diagnosis goes beyond adapting physical spaces for transit, considering that the resource is accessible to all types of people, including economic, spatial and temporal accessibility, criteria on which the research focuses.

The diagnosis was prepared through a multidisciplinary investigation that collected information from different sectors with qualitative and quantitative tools that combined the recording of data and the opinion of the …

Making Your Spring Break Sustainable: Can Tourism Be A Driver For Positive Environmental Change?, Katherine Ort

Journal of Maya Heritage

The Riviera Maya has undergone rapid development in the last few decades due to increased demand for tourism, putting pressure on surrounding ecosystems and cultural sites. As demand for tourism shows no signs of decreasing, there is an ever-increasing need for effective management solutions. The town of Puerto Morelos is striving to forward sustainable tourism based on its natural and cultural assets. As a new municipality, it has the chance to shape policy from a relatively blank canvas. This study involved collecting data about the different perspectives of key stakeholders through qualitative interviews and surveys to understand if the views …