Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Legal Studies

Institution
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 2311 - 2340 of 9741

Full-Text Articles in Entire DC Network

Natural Law, Equality, And Same-Sex Marriage, Perry Dane Apr 2014

Natural Law, Equality, And Same-Sex Marriage, Perry Dane

Buffalo Law Review

No abstract provided.


Maine Crime & Justice Data Book 2014, George Shaler Mph Apr 2014

Maine Crime & Justice Data Book 2014, George Shaler Mph

Justice Policy

The 2014 Maine Crime and Justice Data Book presents a portrait of crime and justice indicators in the state, using the most recent public safety, corrections, and court data available for Maine. The reports looks at ten year trends in Maine, compares Maine figures with data from other northern New England states and the United States, and presents some county level findings as well.


Dating Violence On The College Campus: Exploring Student Perception And Awareness, Patrice Gibson Apr 2014

Dating Violence On The College Campus: Exploring Student Perception And Awareness, Patrice Gibson

Undergraduate Theses and Capstone Projects

Dating violence is a crime that plagues college students all over the world. Many students are unaware of what specifically constitutes dating violence and what resources are available to those who are affected by this crime. Colleges and universities tend to have vague or nonexistent rules and regulations regarding dating violence; there is also a lack of education provided to first-year students about dating violence and resources available to them. The present study explored student perception of dating violence and focused on students from small, liberal arts colleges in the central and southwest part of Virginia. Furthermore, this study built …


A Quantitative Examination Of Known Exonernations And The Factors That Have Contributed To The Wrongful Convictions Of Innocents, Meagan Andrea Semmelroth Mar 2014

A Quantitative Examination Of Known Exonernations And The Factors That Have Contributed To The Wrongful Convictions Of Innocents, Meagan Andrea Semmelroth

Theses and Dissertations

Wrongful convictions have been gaining attention both in the public and academic arenas. The knowledge that has been gained about wrongful convictions has been gained mostly by looking at cases of exonerations based on factual innocence. The use of DNA in the adjudication process, mainly in helping to defend and free innocent people brought the detriments of wrongful convictions into the lives of the public through the use of media. Since this time, innocence projects have opened, more cases of exonerations have been found, and more cases of wrongful conviction have been overturned. However, the frequency with which wrongful convictions …


Resources Matter: The Role Of Social Capital And Collective Efficacy In Mediating Gun Violence, Jennifer Lynne Dean Mar 2014

Resources Matter: The Role Of Social Capital And Collective Efficacy In Mediating Gun Violence, Jennifer Lynne Dean

USF Tampa Graduate Theses and Dissertations

Abstract

This study explains how community activists make use of available social capital and collective efficacy while attempting to mediate gun violence. It specifically focuses on twelve in-depth interviews of activists' perspectives, processes and rationales to alleviate community gun violence, based on informal social control models. Findings suggest activists must establish trust and respect with youth they work with before mediation begins, which is established through similar life experiences or backgrounds. Once a strong bond is established with youth, activists identified five core processes to reduce violence: 1) improve the mindset, 2) provide life skills, 3) assist youth as their …


Regulating Sex Work: Assimilation, Erotic Exceptionalism & Beyond, Adrienne D. Davis Mar 2014

Regulating Sex Work: Assimilation, Erotic Exceptionalism & Beyond, Adrienne D. Davis

Women, Gender & Sexuality Studies Faculty Research

Most commentators on sex markets focus on the debate between abolitionists and those who defend and support professional sex work. This paper, instead, looks at debates within the pro-sex work camp, uncovering some unattended tensions and contradictions. It shows that, within this camp, some stress the labor aspect, urging that sex markets perpetuate a "vulnerable population" of workers, similar to others who perform highly risky and/or exploited labor, and should be regulated accordingly. In this view, sex work would be assimilated into other labor. Others, though, take a more anti-regulatory stance. They exceptionalize this form of labor, arguing that because …


National Geographics: Toward A “Federalism Function” Of American Tort Law, Riaz Tejani Mar 2014

National Geographics: Toward A “Federalism Function” Of American Tort Law, Riaz Tejani

San Diego Law Review

This Article will situate the federalism function among existing scholarly frameworks and assess the “contoured” approach to federal and state power balancing across the existing subject matter of torts. Part II will assess conflicting characterizations of tort law as on one hand “private” and on the other “public” law. Part III will define and explain competing functions of tort law with an eye to whether federalism fits the common criteria of these coexisting objectives, goals, purposes, and methods for adjudication. In Part IV, the Article will explore historical and contemporary roles of federalism to understand why this process becomes so …


Should Public Law Accommodate The Claims Of Conscience?, William A. Galston Mar 2014

Should Public Law Accommodate The Claims Of Conscience?, William A. Galston

San Diego Law Review

In the end, it seems to me, the matter boils down to a single issue. Many individuals consider themselves bound by two sources of authority, public law and conscience, whose demands do not always coincide. Is the state prepared to take cognizance of this fact, and if so, how should it respond? Unlike other regimes, liberal democracies should not find these questions unduly challenging. To be a liberal state is to recognize limits on the legitimate scope of public authority; to be a liberal democracy is to recognize limits on the authority of the people and on the writ of …


Los Angeles County's Criminal Street Gangs: Does Violence Roll Downhill?, Jasmin B. Randle Mar 2014

Los Angeles County's Criminal Street Gangs: Does Violence Roll Downhill?, Jasmin B. Randle

Electronic Theses, Projects, and Dissertations

According to the 2011 National Gang Threat Assessment created by the Federal Bureau of Investigation, there are more than 33,000 gangs in the United States, cited as being responsible for nearly 48% of the violent crime in the country. Using information drawn from gang-related court cases, this study examines the nature of inter- and intra-gang violence occurring between January 1, 2002-December 31, 2011. An innovative application of network analysis will be used to hone in on rivalries, the existence of possible hierarchy, and the relational and structural characteristics of Blood and Crip gangs in Los Angeles County. Results show that …


What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters Feb 2014

What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters

BYU Law Review

No abstract provided.


Promoting The Study Of Wrongful Convictions In Criminal Justice Curricula, Jessica S. Henry Feb 2014

Promoting The Study Of Wrongful Convictions In Criminal Justice Curricula, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Criminal justice education promotes interdisciplinary learning, critical thinking skills, and ethical decision making. A course on wrongful convictions falls squarely within that paradigm, as it draws upon criminology, criminal justice, law, psychology, and forensic science to examine basic assumptions about the criminal justice system and the actors within it. In a wrongful convictions course, students learn to think critically about the criminal justice system, and what happens when it fails to function as it should. Students identify practice and policy reforms that improve the accuracy and reliability of the system. This article first considers the broad objectives of criminal justice …


Cyber Bullying Evolved: Bullying In The Military Workcenter, Dayna M. Friend Feb 2014

Cyber Bullying Evolved: Bullying In The Military Workcenter, Dayna M. Friend

Regis University Student Publications (comprehensive collection)

The purpose of this project was to inform readers about the progression of cyber bullying into the military work center. This research has been compiled to aid the thesis topic for the capstone project in the Regis University Criminology program. The proposal relates the involvement of adults (any person over the age of 18) in the epidemic that is cyber bullying. A comprehensive literature review analysis was created on the current research available on cyber bullying in adolescents and the issues that exist within it. It was found that the majority of the research is still in the understanding of …


I Hope I Don't See You Tomorrow: A Phenomenological Ethnography Of The Passages Academy School Program, Lee Adam Gabay Feb 2014

I Hope I Don't See You Tomorrow: A Phenomenological Ethnography Of The Passages Academy School Program, Lee Adam Gabay

Dissertations, Theses, and Capstone Projects

This study examines Passages Academy, a school program that offers educational services for court-involved youth in New York City. Looking specifically at the Department of Education teachers who work in facilities run by the Department of Juvenile Justice, this research focuses on the beliefs and behaviors that inform the teaching experience within these facilities. The critical question of how these educators negotiate the learning spaces within this school community is also examined.

The question that informs much of this study is: how are the philosophies of the various stake-holding agencies enacted daily in real classroom settings? This leads to a …


The Process Of Separation For Victims Of Intimate Partner Violence: Evaluating Risk Of Indirect And Physical Abuse Relating To Interpersonal Events, Brittany E. Hayes Feb 2014

The Process Of Separation For Victims Of Intimate Partner Violence: Evaluating Risk Of Indirect And Physical Abuse Relating To Interpersonal Events, Brittany E. Hayes

Dissertations, Theses, and Capstone Projects

Previous research has found that risk of physical abuse increases during the process of separation (Brownridge, 2006). Given the opportunity structure changes once the separation process begins, abusers may be more likely to engage in indirect abuse when their partner begins the process. Indirect abuse is the use of third parties, such as children or family/friends, to manipulate the abused woman. In the current study, opportunity is measured with both events abused women report and relationship characteristics that increase or decrease the likelihood the victim and offender converge in time and space.

The study relies on data from the Chicago …


Public Knowledge And Sentiments About Elite Deviance, Cedric Michel Jan 2014

Public Knowledge And Sentiments About Elite Deviance, Cedric Michel

USF Tampa Graduate Theses and Dissertations

A growing body of research has revealed that the financial cost and physical harmfulness of elite deviance overshadow the impact of street crime on society (Knowlton et al., 2011; Landrigan et al., 2002; Leigh, 2011; Lynch & Michalowski, 2006; Herbert & Landrigan, 2000; Rebovich & Jiandani, 2000; Reiman & Leighton, 2010). However, despite such discrepancies, crimes of the poor continue to outshine white-collar offenses in the news media (Barak, 1994; Barlow & Barlow, 2010; Ericson et al., 1991; Lynch & Michalowski, 2006; Lynch, Nalla & Miller, 1989; Lynch, Stretesky & Hammond, 2000), the criminal justice system (Calavita, Tillman, & Pontell, …


Assessing Sheriff’S Office Emergency And Disaster Website Communications, Philip M. Stinson, John Liederbach, L. Fleming Fallon, Hans Schmalzried Jan 2014

Assessing Sheriff’S Office Emergency And Disaster Website Communications, Philip M. Stinson, John Liederbach, L. Fleming Fallon, Hans Schmalzried

Criminal Justice Faculty Publications

Sheriff’s offices are an integral component of the public health emergency preparedness and response system in the United States. During a public health emergency or disaster, sheriff’s offices need to communicate with people affected by the event. Sheriff’s office websites are logical sources for information about disaster preparedness and response efforts. No prior research evaluates emergency preparedness and response resources available through sheriff’s office websites. The current research is a national study of sheriff’s office websites to assess the availability of information relating to emergency preparedness and response. A content analysis of 2,590 sheriff’s office website homepages was conducted to …


‘The Hole’ Exposed: Voices On Solitary Confinement In The American Prison System, Sarah Schnitman Jan 2014

‘The Hole’ Exposed: Voices On Solitary Confinement In The American Prison System, Sarah Schnitman

Anthropology Department Honors Papers

Solitary confinement, as practiced within the United States penal system, is a form of imprisonment that is rarely studied within the field of anthropology due to the nature of isolated prisoners as highly inaccessible subjects. Details about the physical appearance of such isolation units and the range of effects reported over the years by inmates and activist organizations have been largely veiled to the general public. However, scholars, political bodies, and the press began to pick up conditions of solitary confinement as an issue of inhumane treatment and torture. Although forms of isolated imprisonment have been used in the United …


Contraceptive Sabotage, Leah A. Plunkett Jan 2014

Contraceptive Sabotage, Leah A. Plunkett

Law Faculty Scholarship

This Article responds to the alarm recently sounded by the American College of Obstetricians and Gynecologists over “birth control sabotage”—the “active interference [by one partner] with [the other] partner’s contraceptive methods in an attempt to promote pregnancy.” Currently, sabotage is not a crime, and existing categories of criminal offenses fail to capture the essence of the injury it does to victims. This Article argues that sabotage should be a separate crime—but only when perpetrated against those partners who can and do get pregnant as a result of having sabotaged sex. Using the principle of self-possession—understood as a person’s basic right …


Tensions Of Violence, Social Harm, And Profit: An Examination Of The National Football League, Jonathan Anthony Felden Jan 2014

Tensions Of Violence, Social Harm, And Profit: An Examination Of The National Football League, Jonathan Anthony Felden

Online Theses and Dissertations

The subject of sport and leisure is prominently unchartered territory within criminology. The National Football League provides a unique opportunity for scholarly exploration as the sport is predicated on violence and preserves existing systems of inequality. Stemming from the defining late modern characteristics of risk management and actuarial justice, the topics of injury and harm within the sport have been brought to light by lawsuits against the league claiming that the corporation knew of the dangers of mild traumatic brain injuries (MTBI) and actively attempted to subvert this knowledge. This paper employs an amalgamation of theories and research to comprehensively …


Police Sexual Misconduct: A National Scale Study Of Arrested Officers, Philip M. Stinson, John Liederbach, Steven L. Brewer, Brooke E. Mathna Jan 2014

Police Sexual Misconduct: A National Scale Study Of Arrested Officers, Philip M. Stinson, John Liederbach, Steven L. Brewer, Brooke E. Mathna

Criminal Justice Faculty Publications

Police sexual misconduct is often considered a hidden crime that routinely goes unreported. The current study provides an empirical data on cases of sex-related police crime at law enforcement agencies across the United States. The study identifies and describes incidents where sworn law enforcement officers were arrested for one or more sex-related crimes through a quantitative content analysis of published newspaper articles and court records. The primary news information source was the Google News search engine using 48 automated Google Alerts. Data are analyzed on 548 arrest cases in the years 2005-2007 of 398 officers employed by 328 nonfederal law …


Not Just Welfare Over Justice: Ethics In Forensic Consultation, Philip J. Candilis, Tess M. S. Neal Jan 2014

Not Just Welfare Over Justice: Ethics In Forensic Consultation, Philip J. Candilis, Tess M. S. Neal

University of Nebraska Public Policy Center: Publications

The ethics of forensic professionalism is often couched in terms of competing individual and societal values. Indeed, the welfare of individuals is often secondary to the requirements of society, especially given the public nature of courts of law, forensic hospitals, jails, and prisons. We explore the weaknesses of this dichotomous approach to forensic ethics, offering an analysis of Psychology’s historical narrative especially relevant to the national security and correctional settings. We contend that a richer, more robust ethical analysis is available if practitioners consider the multiple perspectives in the forensic encounter, and acknowledge the multiple influences of personal, professional, and …


The Juvenile Adjudicative Competence Interview (Jaci): Current Usage In Juvenile Competence To Stand Trial Evaluations, Jenna Tomei, Nancy R. Panza Jan 2014

The Juvenile Adjudicative Competence Interview (Jaci): Current Usage In Juvenile Competence To Stand Trial Evaluations, Jenna Tomei, Nancy R. Panza

Contemporary Issues in Juvenile Justice

No abstract provided.


Discipline And The Pipeline To The 'Pen': A Proposal For Change, Sharlette A. Kellum-Gilbert Jan 2014

Discipline And The Pipeline To The 'Pen': A Proposal For Change, Sharlette A. Kellum-Gilbert

Contemporary Issues in Juvenile Justice

No abstract provided.


Mississippi Juveniles Adjudicated As Adults And Held In Adult Jails: The Perspective Of The County Sheriff, Susan M. Hilal, Deborah A. Eckberg, Thomas Osowski Jan 2014

Mississippi Juveniles Adjudicated As Adults And Held In Adult Jails: The Perspective Of The County Sheriff, Susan M. Hilal, Deborah A. Eckberg, Thomas Osowski

Contemporary Issues in Juvenile Justice

No abstract provided.


Experimental Community-Based Interventions For Delinquent Youth: An Evaluation Of Recidivism And Cost-Effectiveness, Kristin W. Early, Stephanie B. Ryon, Gregory A. Hand, Julia L. Blankenship Jan 2014

Experimental Community-Based Interventions For Delinquent Youth: An Evaluation Of Recidivism And Cost-Effectiveness, Kristin W. Early, Stephanie B. Ryon, Gregory A. Hand, Julia L. Blankenship

Contemporary Issues in Juvenile Justice

No abstract provided.


Implications For The Topological And Vector Management Of Schizoid Dynamics, Tommy L. Woods Jan 2014

Implications For The Topological And Vector Management Of Schizoid Dynamics, Tommy L. Woods

Contemporary Issues in Juvenile Justice

No abstract provided.


Correlational Analysis Of Oregon Juvenile Justice Data, Portland State University. Hatfield School Of Government. Center For Public Service, Masami Nishishiba, Stephanie Hawke, Phil Keisling Jan 2014

Correlational Analysis Of Oregon Juvenile Justice Data, Portland State University. Hatfield School Of Government. Center For Public Service, Masami Nishishiba, Stephanie Hawke, Phil Keisling

Center for Public Service Publications and Reports

In July 2014, the Center for Public Service (CPS) at Portland State University undertook a project commissioned by the Clackamas County District Attorney’s Office to conduct a preliminary analysis of data related to Oregon’s juvenile justice system. The statistical analysis focused on identifying possible correlations between indicators of juvenile justice interventions and public safety outcomes within Oregon counties. Results indicated a handful of significant correlations. Generally, across counties and variables, higher levels of intervention correlated significantly with higher levels of public safety outcomes and higher levels of non-intervention correlated significantly with lower levels of public safety outcomes. Within both the …


Social Hierarchies And The Formation Of Customary Property Law In Pre-Industrial China And England, Taisu Zhang Jan 2014

Social Hierarchies And The Formation Of Customary Property Law In Pre-Industrial China And England, Taisu Zhang

Faculty Scholarship

Comparative lawyers and economists have often assumed that traditional Chinese laws and customs reinforced the economic and political dominance of elites and, therefore, were unusually “despotic” towards the poor. Such assumptions are highly questionable: Quite the opposite, one of the most striking characteristics of Qing and Republican property institutions is that they often gave significantly greater economic protection to the poorer segments of society than comparable institutions in early modern England. In particular, Chinese property customs afforded much stronger powers of redemption to landowners who had pawned their land. In both societies, land-pawning occurred far more frequently among poorer households …


Racial Discrimination And The Death Penalty: An Analysis Of The United States' Judicial System, Jessica Recarey, Nerses Kopalyan Jan 2014

Racial Discrimination And The Death Penalty: An Analysis Of The United States' Judicial System, Jessica Recarey, Nerses Kopalyan

McNair Poster Presentations

Racial discrimination plays a role in the administration of the death penalty. This research analyzes the history, and past scholarly research, of the death penalty. The purpose of this research is to understand the correlation between racial discrimination and those sentenced to death. This study includes a literature review regarding the different aspects of the death penalty and race. Following the literature review, an analysis is performed of both previous literature and current death penalty statistics that augments the discussion of the death penalty.


Lead Exposure And Crime, Tara Elaine Martin Jan 2014

Lead Exposure And Crime, Tara Elaine Martin

Theses and Dissertations

While lead exposure during childhood has been linked to criminal activity later in life, prior research has failed to develop a theoretical foundation explaining why lead and crime rates are positively related at the aggregate level. Utilizing tract-level data, I examine the relationship among elevated blood lead level rates, levels of concentrated disadvantage, and crime rates. Through a biosocial approach, I explore the lead-crime relationship using a measure of concentrated disadvantage to account for the variations across tracts. Finally, I discuss the results of this study as well as implications for public policy and future research.