The Deregulation Deception, 2021 University of Pennsylvania Carey Law School
The Deregulation Deception, Cary Coglianese, Natasha Sarin, Stuart Shapiro
All Faculty Scholarship
President Donald Trump and members of his Administration repeatedly asserted that they had delivered substantial deregulation that fueled positive trends in the U.S. economy prior to the COVID pandemic. Drawing on an original analysis of data on federal regulation from across the Trump Administration’s four years, we show that the Trump Administration actually accomplished much less by way of deregulation than it repeatedly claimed—and much less than many commentators and scholars have believed. In addition, and also contrary to the Administration’s claims, overall economic trends in the pre-pandemic Trump years tended simply to follow economic trends that began years earlier. …
Racial Threat Theory: A Test Of The Economic Threat Hypothesis, 2021 University of South Florida
Racial Threat Theory: A Test Of The Economic Threat Hypothesis, Carl L. Reeds
USF Tampa Graduate Theses and Dissertations
Racial disparities in the criminal justice system are well documented. While one potential contributor to these disparities may be differential offending on the part of racial groups, another alternative or additional explanation is racial discrimination. Blalock developed racial threat theory to explain macro-level discrimination. According to this theory various forms of “threat” posed by minority populations to majority populations leads to more formal social control or disparate formal social control, such as the formal social control that is imposed by the criminal justice system. According to Blalock, “economic threat” occurs when the Black population has large or increasing economic resources …
Taking Restorative Justice Seriously, 2021 Harvard Law School
Taking Restorative Justice Seriously, Adriaan Lanni
Buffalo Law Review
Those seeking to reduce mass incarceration have increasingly pointed to restorative justice—an approach that typically brings thoseaffected by a criminal offense together in an attempt to address the harmcaused by the offense rather than to mete out punishment. This Article is an attempt to think seriously about incorporating restorative justice throughout the criminal legal system. For restorative justice proponents, expanding these practices raises a host of questions: Does the opportunity to alleviate mass incarceration justify collaboration with a deeply flawed criminal legal system? Will the threat of criminal prosecution destroy the voluntariness and sincerity that is essential for a successful …
Letter From The Editor 2021, 2021 Dartmouth College
Letter From The Editor 2021, Dujpew Editorial Board
Dartmouth Undergraduate Journal of Politics, Economics and World Affairs
No abstract provided.
Volume I | Issue Iii | 2021, 2021 Dartmouth College
Volume I | Issue Iii | 2021, Dujpew Editorial Board
Dartmouth Undergraduate Journal of Politics, Economics and World Affairs
No abstract provided.
Minority Representation On The U.S. Court Of Appeals: Do Foreign-Born Judges Influence Immigration Case Outcomes?, 2021 Princeton University
Minority Representation On The U.S. Court Of Appeals: Do Foreign-Born Judges Influence Immigration Case Outcomes?, Bianca Ortiz-Miskimen
Dartmouth Undergraduate Journal of Politics, Economics and World Affairs
This paper assesses the impacts of minority representation on judicial decision- making within three-judge panels on the Ninth Circuit of the U.S. Court of Appeals. While much
of the existing literature regarding this issue has looked at racial and gender minorities in the federal judiciary, this paper seeks to identify whether the presence of foreign-born judges on appellate panels has an effect on the holdings of immigration-related cases. To address this question, I compiled an original database of 200 immigration cases decided between 2016 and 2020. The results reaffirm previous findings that panels with at least one female judge or …
Sexual Violence And Sex Trafficking: An Observation Of Developing International Law And Its Implementation, 2021 Pepperdine University
Sexual Violence And Sex Trafficking: An Observation Of Developing International Law And Its Implementation, Hannah Kate Albach
Dartmouth Undergraduate Journal of Politics, Economics and World Affairs
Margot Walström, Special Representative of the UN Secretary-General on Sexual Violence defines sexual violence as a "way of demonstrating power and control. It inflicts fear on the whole community. And it is unfortunately a very effective, cheap and silent weapon with a long-lasting effect on every society.” Despite the universal damage of sexual violence throughout history, international law did not begin to develop a response to such crimes until the 1990s. Worldwide fear and shame associated with atrocities of sexual violence, difficulty defining it across cultures, challenges to accurate data collection, and lack of collective action all contribute to the …
Tracking The Tracing: A Global Investigation Of Privacy Issues In The Age Of Covid-19, 2021 Claremont McKenna College
Tracking The Tracing: A Global Investigation Of Privacy Issues In The Age Of Covid-19, Jessie Miller
Dartmouth Undergraduate Journal of Politics, Economics and World Affairs
As the COVID-19 pandemic tore through the globe, policymakers grappled with two key questions. First, to what extent could new tools to collect and analyze data on a massive scale help limit the virus’s spread and, second, how would the collection of that data impact the privacy rights of individuals? This paper examines both questions and reveals how nation-specific traditions, values, and leaders shaped the delicate balance between the right to privacy and the protection of the population from COVID-19. An exploration of the surveillance techniques developed in response to the SARS and HIV pandemics reveals the growing consensus around …
Higher Education For All Law Enforcement Officers, 2021 Portland State University
Higher Education For All Law Enforcement Officers, Johana Constantino Madrigal
University Honors Theses
In this brief prospectus, the focus is on the many arguments for why it should be a requirement for all law enforcement officers to have a higher education background. Given light to recent events, the importance for more highly trained and educated officers has become more dire as people call for justice in an attempt to right the wrongs that have been done. The articles found all address the manner in which higher education can help with better judgement calls, analyze and respond to situations better, and the overall perception officers have, who have a form of higher education, on …
Police Union Contracts And Impediments To Accountability: A Case Study Analysis Of Ppa Bargaining Agreements, 2021 Portland State University
Police Union Contracts And Impediments To Accountability: A Case Study Analysis Of Ppa Bargaining Agreements, Elizabeth Ott
University Honors Theses
Despite a growing widespread recognition that police unions represent a major component of policing and have major influences on aspects of policing such as disciplinary procedures, day-to-day management, and police-community relations, they have until recently been largely ignored by police scholars. In light of significant gaps in knowledge regarding police unions and the impacts that they have on law enforcement behavior and police accountability, this paper utilizes a case study approach to analyze all existing union contracts between the Portland Police Association (PPA) and the City of Portland in order to explore the prevalence of particular contract provisions that critics …
The Ring Of Gyges 2.0: How Anonymity Providing Behaviors Affect Willingness To Participate In Online Deviance, 2021 University of South Florida
The Ring Of Gyges 2.0: How Anonymity Providing Behaviors Affect Willingness To Participate In Online Deviance, Cassandra E. Dodge
USF Tampa Graduate Theses and Dissertations
Anonymity has long been discussed as a source of disinhibition. The myth of the Ring of Gyges illustrates how a person may act immorally solely because they know they will not be caught (Plato, 375/2017). Incorporating perspectives of rational choice and deterrence, anonymity serves as a form of risk reduction within hedonistic calculus (Beccaria, 1764/1963; Bentham, 1781/2000). Analogous to the myth of the Ring of Gyges (Plato, 375/2017), techniques of anonymity “hide” users from others while online. These techniques serve as a form of risk reduction, reducing the certainty of punishment (Becarria 1764/1963). Additionally, there are many ways by which …
Morality And Offender Decision-Making: Testing The Empirical Relationship And Examining Methodological Implications, 2021 University of South Florida
Morality And Offender Decision-Making: Testing The Empirical Relationship And Examining Methodological Implications, Jacquelyn Burckley
USF Tampa Graduate Theses and Dissertations
Rational Choice (RC) theory has become one of the most influential theories in criminology and social science with a wide body of empirical support indicating that offending is associated with anticipated costs and benefits. Although RC theory has been widely researched and supported, one area that is largely underemphasized in this theory’s discourse is morality. The present study draws on a sample of undergraduate students from a large southeastern university using a drinking and driving scenario to extend the RC literature theoretically and methodologically.
The theoretical results indicate that, consistent with prior literature, morality, certainty, and severity were directly, inversely …
When I Was A Young Girl: Gender And Race In The Life Archives Of Criminal Transportation, 2021 Portland State University
When I Was A Young Girl: Gender And Race In The Life Archives Of Criminal Transportation, Nick Townsend
University Honors Theses
In the eighteenth and nineteenth century, the carceral system in England shifted away from corporal punishment and moved towards containing and policing those deemed criminal in different ways. One notable way was transportation, the practice of moving convicts out of the imperial core into a colony. This practice became a way to remove "lesser" populations from England and regulate social behavior while also expanding the British Empire and allowed convicts a new purpose in expanding the carceral state. This developed alongside the broader trends of racialization and colonization in the British Empire, which drew a global color line separating "white" …
The Problem With Assumptions: Revisiting The Dark Figure Of Sexual Recidivism, 2021 University of Miami
The Problem With Assumptions: Revisiting The Dark Figure Of Sexual Recidivism, Tamara Rice Lave, Jj Prescott, Grady Bridges
Law & Economics Working Papers
What is the actual rate of sexual recidivism given the well-known fact that many crimes go unreported? This is a difficult and important problem, and in The Dark Figure of Sexual Recidivism, Nicholas Scurich and Richard S. John (2019) attempt to make progress on it by “estimate[ing] actual recidivism rates given observed rates of reoffending” (p.172). In this article, we show that the math in their probabilistic model is flawed, but more important, we demonstrate that their conclusions follow ineluctably from their empirical assumptions and the unrepresentative empirical research they cite to benchmark their calculations. Scurich and John contend that …
Criminal Justice Update - June 2021, 2021 Gettysburg College
Criminal Justice Update - June 2021, Patrick Mahoney
Criminal Justice Updates
The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.
Contents:
- Updates from PA Governor's Office (no updates this month)
- Updates from the PA Legislature
- Updates from the Courts
- U.S. Supreme Court: Criminal Law & Procedure
- PA Supreme Court: Criminal Law & Procedure
- PA Superior Court: Criminal Law & Procedure
Testing The Waters: An Investigation Of The Impact Of Hot Tubbing On Experts From Referral Through Testimony, 2021 Indiana University of Pennsylvania
Testing The Waters: An Investigation Of The Impact Of Hot Tubbing On Experts From Referral Through Testimony, Jennifer T. Perillo, Anthony D. Perillo, Nikoleta Despodova, Margaret Bull Kovera
Publications and Research
Objective: The present research examined whether concurrent expert testimony (“hot tubbing”) and court appointed testimony reduced adversarial allegiance in clinical experts’ judgments compared with traditional adversarial expert testimony. Hypotheses: We predicted Hypothesis 1: Defense experts would render more not responsible judgments and lower ratings of criminal responsibility than would prosecution experts; Hypothesis 2: Adversarial allegiance effects on experts’ judgments would be heightened for adversarial experts and attenuated for concurrent experts over time; Hypothesis 3: Adversarial and concurrent experts would report higher dissonance than would court-appointed experts and adversarial experts’ ratings would increase over time, concurrent experts’ ratings would decrease, and …
Disinhibition And Persistent Maladaptive Behavior, 2021 CUNY John Jay College
Disinhibition And Persistent Maladaptive Behavior, Angela T. West
Student Theses
Objective: There is an urgent need to reduce overpopulation in U.S. prisons, which are inundated with individuals needing substance use treatment. Research on both substance use and antisocial behaviors highlight maladaptive beliefs and behaviors, while also implicating disinhibition as an important factor. Disinhibition is a dynamic trait that can be targeted with therapeutic interventions. The current study explored the relationships between neurocognitive disinhibition, substance use, and recidivism among incarcerated men. The study hypothesized that disinhibition would be associated with history of substance use, history of antisocial behavior, and institutional misconduct, as well as predicting recidivism over and above history of …
Changes In The Black-White Sentencing Gap After United States V. Booker, 2008-17, 2021 City University of New York (CUNY)
Changes In The Black-White Sentencing Gap After United States V. Booker, 2008-17, Shuhao Zhang
Student Theses
The Black-White sentencing gap, as defined by the differences between the average sentences received by Black defendants and those by White defendants, is an under- research area. In the federal court, after United States v. Booker, this gap has decreased from 25 months in 2008-2010 to 0 in 2016-2107. By using Oaxaca decomposition, I find that the differences in criminal history, offense levels, and pretrial detention status between Black and White defendants are the main source of the gap. The unexplained portion of the gap, resulting from judges finding Black defendants more culpable to their offenses and thus imposing harsher …
Quantitative And Qualitative Assessment Of Interrogation Expectations, 2021 CUNY John Jay College
Quantitative And Qualitative Assessment Of Interrogation Expectations, Shereen R. Lewis
Student Theses
Interrogation expectations (IE) is a construct that suggests expectations of custodial interrogations affect suspects’ Miranda waiver decisions while under interrogation. Prior research has examined IE quantitatively but there has been no prior research examining IE qualitatively. This current research conducted both a quantitative and qualitative analysis of IE using a sample of 335 participants from the United States. This research took the form of an online survey using Prolific (www.prolific.co) to recruit participants, Qualtrics (www.qualtrics.com) to record data, and SPSS and Nvivo to analyze quantitative qualitative data. It was hypothesized that substantial individual variation in IE will be found in …
Compilation Of Mentoring Programs In San Diego And Imperial Counties, 2021 Kroc Institute for Peace and Justice
Compilation Of Mentoring Programs In San Diego And Imperial Counties, Nohelia Ramos, Caitlyn Lauchner, Andrew Blum
Kroc IPJ Research and Resources
This document compiles information on mentoring programs in San Diego and Imperial Counties. The goal is to provide a clear picture what mentoring programs are being implemented and to give basic information about those programs as of June 2021.
The purpose of the document is three-fold. First, as a deliverable under the Project Safe Neighborhoods initiative (PSN), it is designed to provide basic information to the US Attorney’s Office and others involved in the PSN on the range of mentoring programs that exist. Mentoring programs have proven to be an effective program strategy for producing a range of positive youth …