Legal Studies Commons^™

Overcriminalization For Lack Of Better Options: A Celebration Of Bill Stuntz, Daniel C. Richman

Faculty Scholarship

The unity of Bill Stuntz's character – his profound integrity – makes it easy to move from a celebration of his friendship (which I’ve treasured since we first met back in 1985) to one of his scholarship, for creativity, wisdom, and humility are strengths not just of Bill himself but of his work. Even as his broad brush strokes have fundamentally advanced our understanding of the interplay between substantive criminal law, criminal procedure, and criminal justice institutions over time, Bill's work – like Bill himself – welcomes and endures sustained engagement. Humility is appropriate for me, too, as I offer …

Volume 04, Matt Szemborski, Phillip Van Ness, Sarah Croughwell, Sarah Mayfield, Alyssa Strackbein, Marley Kimmel, Stephanie Skipp, Jamie Yurasits, Katherine Taggart, Alex Leonhart, Kristen Rawls, Andrew Armes, Amanda Haymens, Allison Paqlowski, Erica May, Stephanie Lane, Luke Acree, Cassandra L. Wilson, Stephanie Pishock, Erica Hopson, K. Juston Osborne, Katheryn Grayson, Kyle Fowlkes, Jessica Cox, Kaity Byrum, John-Harwood Scott, Ashley Johnson, Samantha Hockman, Emily Staskiel, Nancy Macdonald, R. Kruger Bressin, Benjamin P. Bilodeau, Andrea Irby, Kristin Macquarrie, Sarah Bietsch, Elizabeth Bednar

Incite: The Journal of Undergraduate Scholarship

Please note that part of pages 92-95 are redacted, in the digital copy, due to a misprint of the original printed article.

Introduction from Dean Dr. Charles Ross

The Internal Other: Transculturation and Postcolonial Magical Realism in Rushdie’s Midnight’s Children by Matt Szemborski

Photography by Phillip Van Ness

Photography “Waterfall” by Sarah Croughwell

Romancing the Bite: Statistical Analysis of Young Adult Vampire Novels by Sarah Mayfield

Photography by Alyssa Strackbein

Photography by Marley Kimmel

Wine and Society in the Viceroyalty of Peru by Stephanie Skipp

Analysis of Claud Monet’s Impression, Sunrise by Jamie Yurasits

Exploring Meaning: The Lindisfarne Gospels by …

How (Not) To Implement Cost As A Sentencing Factor, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.

Faith And Fidelity: Originalism And The Possibility Of Constitutional Redemption, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

This essay reviews Constitutional Redemption: Political Faith in an Unjust World by Jack Balkin (2011) and Living Originalism by Jack M. Balkin (2011).

Contemporary scholarly debates about originalism and living constitutionalism are filled with claims about the political valence of these two theories. Here are some examples: "Originalism remains even now a powerful vehicle for conservative mobilization. ..." "[L]iving constitutionalism...has been at the core of progressive constitutional thought since the 1970s." "[A]ny reasonably well-informed observer knows that the term 'living Constitution' encodes liberal sympathies, just as originalism encodes conservative ones. ..." "[O]riginalism cannot easily be appropriated to progressive constitutional arguments." …

Confucian Virtue Jurisprudence, Linghao Wang, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Virtue jurisprudence is an approach to legal theory that develops the implications of virtue ethics and virtue politics for the law. Recent work on virtue jurisprudence has emphasized a NeoAristotelian approach. This essay develops a virtue jurisprudence in the Confucian tradition. The title of this essay, “Confucian Virtue Jurisprudence,” reflects the central aim of our work, to build a contemporary theory of law that is both virtue-centered and that provides a contemporary reconstruction of the central ideas of the early Confucian intellectual tradition.

This essay provides a sketch of our contemporary version of Confucian virtue jurisprudence, including a view of …

The Influence Of Phenotypic Variation On Criminal Judgement, Jacque-Corey Cormier

Electronic Theses and Dissertations

The purpose of this study was to investigate the influence of phenotypic variation on criminal judgment. This study had two phases. In the first phase, participants rated multiple headshot photographs on the degree to which African American men possess pronounced Afrocentric features (fuller lips, broader nose, curlier hair, darker skin, etc.). The race of the participants predicted 34.2% of the variance in average skin color ratings above all other variables. White participants rated the Black faces as darker than any other participants rated the same faces. Researchers used the faces rated least, average, and most prototypical of Blacks as the …

On A Condition Or A Mission?: Examining The Political Histories Of Anti-Poverty Policies In Brazil, Venezuela And Colombia, Diego A. Melo

Latin American Studies Honors Projects

Political culture, fiscal constraints and institutional incentives have shaped the making and implementation of Conditional Cash Transfers (CCT) in Latin America. However, why have CCTs consolidated in Brazil, been secondary in Colombia and remained absent in Venezuela? Brazilian authoritarian legacy and neoliberal rationality combined with strong federalism during economic downturn and provided room for experimentation in social policy, eventually leading to the incorporation and future universalization of CCTs (Bolsa Família). In contrast, less rationalized bureaucracies in Colombia and Venezuela have operated under strong presidentialism, allowing economic recessions and executive electoral incentives to shape weak CCT implementation (Familias …

Exploring Change In Local Criminal Justice Systems: An Examination Of The Implementation Of The Justice Reinvestment At The Local Level Model In Three U.S. Counties, Suzanne Rebecca Neusteter

Dissertations, Theses, and Capstone Projects

Tough on crime policies in the U.S. began to emerge in the 1970s and steeply escalated through the 1980s and 1990s, prompting massive growth of correctional populations and criminal justice costs. Although many of these policy and legislative reforms were enacted at the federal and state levels, they have trickled down and greatly affected localities across the country. The recent economic downturn has exerted additional pressures on local governments. These factors have prompted the development of a number of planned change strategies designed to curb the escalating growth and related costs in criminal justice systems. One such approach, Justice Reinvestment …

Risky Businesses: A Micro-Level Spatiotemporal Analysis Of Crime, Place, & Business Establishment Type, Christopher R. Herrmann

Dissertations, Theses, and Capstone Projects

Continuing advances in the fields of environmental criminology and geographical information sciences are facilitating place-based research. One of the current trends in environmental criminology is the focus on micro-level `places' including street segments, property lots, and specific kinds of buildings and facilities in understanding crime patterns and the opportunity structure that permits crime. Despite important findings on the concentration of crime in urban areas, there continues to be substantial gaps in our knowledge about micro-level spatiotemporal patterns of crime. These gaps in micro-level environmental criminology research have primarily been a result of the lack of access to data, availability of …

Mid West–Gascoyne District Police Officers’ Experience With The Cannabis Infringement Notice Scheme, Kara Wright

Theses: Doctorates and Masters

Cannabis is currently the most frequently used illicit drug in Australia. Research has revealed a range of health, economic, criminal and social consequences associated with the drug. The widespread use of cannabis and the consequences associated with its use has ignited strong political and social debate as to what response should be taken to minimise the harmful effects of the drug. In order to reduce the harms associated with cannabis, and in line with the national harm minimisation framework, the Western Australia (WA) Cannabis Infringement Notice (CIN) scheme commenced in 2004. The introduction of the CIN scheme as part of …

Amphetamines And Western Australian Detainees: A Social Profile, Karen L. Foster

Theses: Doctorates and Masters

The current study utilised data collected from the Australian Institute of Criminology’s project known as Drug Use Monitoring in Australia (DUMA). The DUMA project examined detainees’ social demographics and past and present drug use, at various Australian sites. The current study examined secondary data as a subset of the DUMA data collected from the East Perth lockup in Western Australia. Three sections of the DUMA data were analysed in this study (i) changes in amphetamine use by detainees (ii) demographic profile of detained amphetamine users and (iii) offences for which they have been detained. Analyses included chi-square tests, Kendall’s tau_b, …

The Risk Of Violence And Intimate Partner Choice Within A Risk Society, Adam J. Pritchard

Theses and Dissertations--Sociology

This dissertation examines the influence of competing risks in shaping individuals' choices about potential intimate relationships. According to Ulrich Beck's "risk society" theory, the individualization of social risks has direct and measurable consequences for the ways people organize and evaluate potential intimate relationships (Beck & Beck-Gernsheim, 1995, 2002, 2004; Giddens, 1994; Lupton, 2006). This study investigates the ways in which subjective or identity-related risks hypothesized by scholars of late modernity shape the perception and the actual risk of dating violence. Empirical research on dating violence identifies many objective “risk factors” related to a person’s chances of experiencing intimate partner violence; …

Felon Disenfranchisement The Judiciary’S Role In Renegotiating Racial Divisions, Brian Schaefer, Peter Kraska

Peter Kraska

Felon disenfranchisement is deeply rooted in U.S. history as a form of punishment and as a tool to inhibit African Americans from voting. Today, there are 5.3 million U.S.

residents politically disenfranchised due to a felony conviction—about 2 million of whom are African Americans. The overrepresentation of African Americans disenfranchised, and the U.S. history of racism, brings forth the question of how these laws continue to exist. The objective of this study is to demonstrate, through a socio–legal approach, the federal court system’s role in perpetuating and maintaining the ethnoracial divisions in society through the validation and rationalization of felon …

United States Supreme Court Cases From Georgia, Mary Wilson

Mary Wilson

United States Supreme Court Cases from Georgia.

Policing The Wilderness: A Descriptive Study Of Wildlife Conservation Officers In South Africa., Greg Warchol

Greg Warchol

No abstract provided.

Compromising The Safety Net: How Limiting Tax Deductions For High-Income Donors Could Undermine Charitable Organizations, Patrick Tolan

Patrick E. Tolan Jr.

President Obama’s recent budget proposals have contemplated reducing the top rate for charitable deductions (and all itemized deductions) to twenty-eight percent. Because America’s largest donors are those in the highest marginal tax brackets, efforts to limit deductibility of charitable donations could have a chilling effect on charitable giving.

In this article the author looks at motivations for charitable donations and specifically at the impact of tax deductibility as a motivating factor. It takes a historical look at the philanthropic surveys and econometric models and examines empirical data concerning impacts of significant changes to the tax code in the 1980s that …

The Interplay Of Family Formation And Criminal Behavior, Terence P. Thornberry, Marvin D. Krohn, Megan Bears Augustyn, Molly Buchanan, Sarah J. Greenman

Sarah Greenman

No abstract provided.

Intersektionella Analyser. Att Begreppsliggöra Ojämlikheter I Och Genom Rätten, Linnéa Wegerstad, Niklas Selberg

Niklas Selberg

Inledning till tema intersektionalitet

I inbjudan till detta temanummer skrev den svenska redaktionen att nordisk rättsvetenskaplig forskning under de senaste decennierna allt mer har uppmärksammat olika maktrelationer i förhållande till rätten, men att interaktioner mellan olika maktrelationer inte har analyserats i någon större utsträckning. Däremot har genusvetenskaplig forskning behandlat interaktioner mellan kön, klass, etnicitet, sexualitet, ålder eller funktionshinder inom vad som har kommit att kallas intersektionalitet. I det följande introducerar vi föreliggande nummers intersektionella analyser, och diskuterar det sammanhang de kan placeras i. 1980 hade Retfærd sitt första temanummer om kvinnorätt som fem år senare följdes upp av tema ’kvinderetfærd’. …

Rehabilitating Lawyers: Perceptions Of Deviance And Its Cures In The Lawyer Reinstatement Process, Bruce A. Green, Jane Moriarty

Jane Campbell Moriarty

State courts’ approach to lawyer admissions and discipline has not changed fundamentally in the past century. Courts still place faith in the idea that “moral character” is a stable trait that reliably predicts whether an individual will be honest in any given situation. Although research in neuroscience, cognitive science, psychiatry, research psychology, and behavioral economics (collectively “cognitive and social science”) has influenced prevailing concepts of personality and trustworthiness, courts to date have not considered whether they might change or refine their approach to “moral character” in light of scientific insights. This Article examines whether courts should reevaluate how they decide …

Natural Rights To Welfare, Siegfried Van Duffel

Siegfried Van Duffel

No abstract provided.