Legal Studies Commons^™

Petitioning And The Making Of The Administrative State, Maggie Blackhawk

All Faculty Scholarship

The administrative state is suffering from a crisis of legitimacy. Many have questioned the legality of the myriad commissions, boards, and agencies through which much of our modern governance occurs. Scholars such as Jerry Mashaw, Theda Skocpol, and Michele Dauber, among others, have provided compelling institutional histories, illustrating that administrative lawmaking has roots in the early American republic. Others have attempted to assuage concerns through interpretive theory, arguing that the Administrative Procedure Act of 1946 implicitly amended our Constitution. Solutions offered thus far, however, have yet to provide a deeper understanding of the meaning and function of the administrative state …

A Brief Summary And Critique Of Criminal Liability Rules For Intoxicated Conduct, Paul H. Robinson

All Faculty Scholarship

This essay provides an overview of the legal issues relating to intoxication, including the effect of voluntary intoxication in imputing to an offender a required offense culpable state of mind that he may not actually have had at the time of the offense; the effect of involuntary intoxication in providing a defense by negating a required offense culpability element or by satisfying the conditions of a general excuse; the legal effect of alcoholism or addiction in rendering intoxication involuntary; and the limitation on using alcoholism or addiction in this way if the offender can be judged to be reasonably responsible …

The Global Diffusion Of Law: Transnational Crime And The Case Of Human Trafficking, Beth A. Simmons, Paulette Lloyd, Brandon M. Steward

All Faculty Scholarship

The past few decades have seen the proliferation of new laws criminalizing certain transnational activities, from money laundering to corruption; from insider trading to trafficking in weapons and drugs. Human trafficking is one example. We argue criminalization of trafficking in persons has diffused in large part because of the way the issue has been framed: primarily as a problem of organized crime rather than predominantly an egregious human rights abuse. Framing human trafficking as an organized crime practice empowers states to confront cross border human movements viewed as potentially threatening. We show that the diffusion of criminalization is explained by …

Felony Murder, Paul H. Robinson, Tyler Scot Williams

All 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 …

Arguing With Friends, William Baude, Ryan D. Doerfler

All Faculty Scholarship

It is a fact of life that judges sometimes disagree about the best outcome in appealed cases. The question is what they should make of this. The two purest possibilities are to shut out all other views, or else to let them all in, leading one to concede ambiguity and uncertainty in most if not all contested cases.

Drawing on the philosophical concepts of “peer disagreement” and “epistemic peerhood,” we argue that there is a better way. Judges ought to give significant weight to the views of others, but only when those others share the judge’s basic methodology or interpretive …

Effectively Managing Bias In Teacher Preparation, Natasha Johnson

CJC Publications

This is the call for teacher preparation programs to actively incorporate an emphasis on social justice education and the development of teachers committed to creating equitable schools. Education in today's multicultural, pluralistic society must be actively concentrated on and successful at creating more just and unbiased schools for underserved students. Similar to Ladson-Billings' argument for a redefining of ‘good teaching,' there must be a redefinition of that which constitutes social justice teaching. It is the role of today's teacher preparation programs to equip teachers with the essential skills necessary to develop students, manage bias, and create a culture of equity …

Developmental Patterns Of Religiosity In Relation To Criminal Trajectories Among Serious Offenders Across Adolescence And Young Adulthood, Siying Guo

Theses and Dissertations

The knowledge about the relationship between changes in both religiosity and crime over time remains limited. This dissertation aims to add to the existing body of literature and fill the gaps in prior studies by examining the religiosity-crime relationship in a sample of adjudicated adolescents studied in the Pathways to Desistance Study, a seven-year longitudinal dataset. Using Group-Based Trajectory Models and Growth Curve Models, this dissertation identifies distinctive trajectories of religious attendance, religious importance, and spirituality and their dynamic relationships with changes in different types of substance use and criminal behavior. Given the initial level of substance use and criminal …

The Short-Term Self-Control Stability Of College Students, Nicholas James Blasco

Theses and Dissertations

Since the stability problem was first outlined by Gottfredson and Hirschi (1990) in their influential work A General Theory of Crime it has received a steady stream of attention from the academic community. Researchers have studied juveniles and adults and have implemented a variety of methodological and statistical approaches. Many of these studies do not show support for the theoretical concept outlined by Gottfredson and Hirschi; yet, there were exceptions. The current study used a slightly different theoretical approach accompanied with research methodology that is still in its infancy. While most studies testing the relative stability of self-control use longitudinal …

Association Between Perception Of Police Prejudice Against Minorities And Juvenile Delinquency, Kwang Hyun Ra

Theses and Dissertations

Criminologists have long studied police prejudice with the assumption that it is a fundamental problem resulting in discrimination against certain racial and ethnic groups. However, little research has examined how individuals’ perceptions of police prejudice (PPP) influences compliance or delinquency behavior among the public. To fill this gap, in this paper, I reviewed relations between police and racial/ethnic groups, theorized an association between PPP and juvenile delinquency, and empirically examined the association.

The long history of racial/ethnic prejudice and discrimination predisposes racial/ethnic minorities to consider themselves targets of discrimination and to feel powerless. Moreover, some minorities justify the current system …

Local Incarceration As Social Control: A National Analysis Of Social, Economic, And Political Determinants Of Jail Use In The United States, Heather M. Ouellette

Theses and Dissertations

Previous research indicates that community context impacts social control. Several scholars have identified social, economic and political factors to be important predictors of police force size, arrests rates and incarceration rates. Few studies, however, have examined jail use as an indicator of formal social control. Millions of individuals pass through jails every year, and these local facilities are at the center of the criminal justice system, reflecting mobilization of social control by law enforcement, courts and corrections. Drawing from a social threat perspective and political framework, this study seeks to understand how community context affects local incarceration. Specifically, this study …

The Intersection Between Young Adult Sentencing And Mass Incarceration, Joshua Gupta-Kagan

Faculty Scholarship

This Article connects two growing categories of academic literature and policy reform: arguments for treating young adults in the criminal justice system less severely than older adults because of evidence showing brain development and maturation continue until the mid-twenties; and arguments calling for reducing mass incarceration and identifying various mechanisms to do so. These categories overlap, but research has not previously built in-depth connections between the two.

Connecting the two bodies of literature helps identify and strengthen arguments for reform. First, changing charging, detention, and sentencing practices for young adults is one important tool to reduce mass incarceration. Young adults …

Political Opportunism, Position Taking, And Court-Curbing Legislation., Laura Moyer, Ellen M. Key

Faculty Scholarship

Although there is extensive scholarship on court-curbing efforts directed at the U.S. Supreme Court, much less is known about bills targeting the lower federal courts. This article argues that members of Congress also engage in position taking with respect to the U.S. Courts of Appeals, by proposing legislation to divide up the Ninth Circuit. Over seven decades, no other circuit has attracted as much court-curbing legislation as the Ninth Circuit, and yet no bill has succeeded. What accounts for this persistent focus on one court? We argue that bill sponsors are motivated primarily by electoral considerations and capitalize on the …

Teaching About Graffiti And Street Art To Undergraduate Students At U.S. Universities: Confronting Challenges And Seizing Opportunities, Jeffrey Ian Ross Ph.D., John F. Lennon

Jeffrey Ian Ross Ph.D.

No abstract provided.

Predicting Danger In Immigration Courts, Emily Ryo

Emily Ryo

How American-Based Television Commercials Portray Convicts, Correctional Officials, Carceral Institutions, And The Prison Experience, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

Reframing Urban Street Culture: Towards A Dynamic And Heuristic Process Model, Jeffrey Ian Ross Ph.D.

Jeffrey Ian Ross Ph.D.

No abstract provided.

The Challenges Of Conducting Research On Supermax Prisons: Results From A Survey Of Scholars Who Conduct Research On This Type Of Correctional Facility, Jeffrey Ian Ross Ph.D., Richard Tewksbury

Jeffrey Ian Ross Ph.D.

No abstract provided.

Interpreting The Development And Growth Of Convict Criminology In South America, Jeffrey Ian Ross Ph.D., Sacha Darke

Jeffrey Ian Ross Ph.D.

No abstract provided.

What's Up Doc? A Review And Analysis Of English Language Documentaries On Contemporary Graffiti And Street Art, Jeffrey Ian Ross Ph.D., Ronald Kramer

Jeffrey Ian Ross Ph.D.

No abstract provided.

Movie Review: Wind River It Addresses Violence Against Native Women, Law Enforcement & Other Issues, But Mostly It’S About Relationships, Darla W. Jackson

Darla W. Jackson

No abstract provided.