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

Digital Commons Network™

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

2015

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 4561 - 4581 of 4581

Full-Text Articles in Entire DC Network

Continuity Vs. Discontinuity: The Issue Of Race And Forced Labor After Emancipation In The American South, Alexander Elliott Clarke-Ritter Jan 2015

Continuity Vs. Discontinuity: The Issue Of Race And Forced Labor After Emancipation In The American South, Alexander Elliott Clarke-Ritter

University Honors Theses

The United States emancipation narrative endures in the popular American conscious as a watershed moment in American history that marked the end of slavery and the beginning of freedom for African Americans. Freedom is also commonly thought of as something that was bestowed upon African Americans by the benevolent Northern government and the efforts of Union forces. The popular American conscious has been hard-pressed to question this romanticized narrative in American history. It is thus the goal of this analysis to challenge these commonly held, popular beliefs. This study argues that emancipation in many ways did not truly mark the …

Go to article

Crime, Institutions And Sector-Specific Fdi In Latin America, Luisa Blanco, Isabel Ruiz, W. Charles Swayer, Rossitza Wooster Jan 2015

Crime, Institutions And Sector-Specific Fdi In Latin America, Luisa Blanco, Isabel Ruiz, W. Charles Swayer, Rossitza Wooster

Economics Faculty Publications and Presentations

In this article, we explore how crime and institutions affect the flow of capital in the form of foreign direct investment (FDI) to Latin American and Caribbean countries in the primary, secondary and tertiary sectors during the 1996-2010 period. We use three different variables related to violent crime: homicides, crime victimization, and an index of organized crime. We find that there is a correlation between the institutional and crime variables, where the significance of institutional variables tends to disappear when the crime variables are added to the model. We find that higher crime victimization and organized crime are associated with …

Go to article

The Hidden Life Of Andrew Taslitz, Frank H. Wu Jan 2015

The Hidden Life Of Andrew Taslitz, Frank H. Wu

Faculty Scholarship

No abstract provided.

Go to article

Monitoring Youth: The Collision Of Rights And Rehabilitation, Kate Weisburd Jan 2015

Monitoring Youth: The Collision Of Rights And Rehabilitation, Kate Weisburd

Faculty Scholarship

A monumental shift in juvenile justice is underway, inspired by the wide recognition that incarceration is not the solution to youth crime. In its place, “electronic monitoring” has gained widespread support as a new form of judicial control over youth offenders. Supporters herald it as “jail-togo”: a cost-efficient alternative to incarceration that allows youth to be home while furthering rehabilitative and deterrent goals. But despite electronic monitoring’s intuitive appeal, virtually no empirical evidence suggests its effectiveness. Instead, given the realities of adolescent development, electronic monitoring may lead to more harm than good. This Article is the first to examine the …

Go to article

A Genuine Civil Justice Crisis?, Richard L. Marcus Jan 2015

A Genuine Civil Justice Crisis?, Richard L. Marcus

Faculty Scholarship

No abstract provided.

Go to article

The Role Of Law And Lawyers For Disaster Victims: A Uc Hastings-Waseda Symposium On The Legal Aftermath Of The Fukushima Daiichi Nuclear Power Station Disaster – Introduction To The Symposium Issue, Setsuo Miyazawa Jan 2015

The Role Of Law And Lawyers For Disaster Victims: A Uc Hastings-Waseda Symposium On The Legal Aftermath Of The Fukushima Daiichi Nuclear Power Station Disaster – Introduction To The Symposium Issue, Setsuo Miyazawa

Faculty Scholarship

No abstract provided.

Go to article

2014 Oregon General Assistance Study, Karen Cellarius, Mary Oschwald, Sandra Marie Leotti Jan 2015

2014 Oregon General Assistance Study, Karen Cellarius, Mary Oschwald, Sandra Marie Leotti

Regional Research Institute for Human Services

In early 2014, the Oregon legislature and the state Department of Human Services (DHS) commissioned a study to gather input from consumer and non-consumer stakeholders regarding how to most effectively meet the needs of childless adults with disabilities. This study was designed to answer the following questions: (1) What services for childless adults with disabilities exist within Oregon and in other states? (2) What is the need today? and (3) What potential program structures and funding options might address the needs or the target population while also addressing any barriers experienced with the previous program? The following synopsis describes the …

Go to article

Corrections And Reentry: Digital Literacy Acquisition Case Study, Elizabeth Withers, Gloria Jacobs, Jill Castek, Drew Pizzolato, Kimberly D. Pendell, Stephen Reder Jan 2015

Corrections And Reentry: Digital Literacy Acquisition Case Study, Elizabeth Withers, Gloria Jacobs, Jill Castek, Drew Pizzolato, Kimberly D. Pendell, Stephen Reder

Research Briefs and Case Studies

This case study investigates the digital literacy acquisition process for learners within a corrections setting. The digital literacy program was part of the reentry program available to some individuals approaching their release date. The case study describes the lab within a prison, and details of how mentor-facilitated, self-paced learning was organized. Examination of the learner path in a corrections setting highlights how learners perceived the relevance of digital literacy in their lives; how they overcame their fears of computers or technology and their self-confidence grew; and potential changes in their self-identity, which often led to imagining new and different possible …

Go to article

Understanding The Judicial Conference Committee On International Judicial Relations, Sam Halabi Jan 2015

Understanding The Judicial Conference Committee On International Judicial Relations, Sam Halabi

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Go to article

Judges As Framers Of Plea Bargaining, Daniel S. Mcconkie Jr. Jan 2015

Judges As Framers Of Plea Bargaining, Daniel S. Mcconkie Jr.

Faculty Articles, Papers, and Other Scholarship

The vast majority of federal criminal defendants resolve their cases by plea bargaining, with minimal judicial input or oversight. This presents significant issues concerning transparency, fairness, and effective sentencing. Federal prosecutors strongly influence sentences by the charges they select. The parties bargain informally outside of court and strike a deal. But defendants often plead guilty without a realistic understanding of their likely sentencing exposure. Instead, they plead guilty based on their best guess as to how judges will resolve certain issues and their own fear that they could get an unspecified but severe post-trial sentence. The judge is often reluctant …

Go to article

Immigrant Victims, Immigrant Accusers, Michael Kagan Jan 2015

Immigrant Victims, Immigrant Accusers, Michael Kagan

Scholarly Works

The U Visa program provides an immigration status to noncitizen victims of crime, which is essential to prevent unauthorized immigrants from being afraid to seek help from the police, and thus becoming easy prey for criminals. This visa falls into a category of immigration programs that grant benefits on the basis of victim status, rather than on family or employment connections to the United States. But the federal government structured the U Visa program so that in order to be protected as a victim, a person must also become an accuser. The U Visa thus implicates the rights of third …

Go to article

The Unconstitutional Use Of Restraints In Removal Proceedings, Fatma Marouf Jan 2015

The Unconstitutional Use Of Restraints In Removal Proceedings, Fatma Marouf

Scholarly Works

This Article challenges the constitutionality of indiscriminately restraining civil immigration detainees during removal proceedings. Not only are immigration detainees routinely placed in handcuffs, leg irons, and belly chains without any individualized determination of the need for restraints, but Immigration and Customs Enforcement (ICE), the prosecuting party, makes the decisions about the use of restraints, rather than the judge. After examining the rationale for the well-established prohibition against the indiscriminate use of restraints during criminal and civil jury trials, and discussing how some courts have extended this rationale to bench trials, this Article contends that ICE’s practice violates substantive and procedural …

Go to article

Non-State Armed Groups And The Role Of Transnational Criminal Law During Armed Conflict, Christopher L. Blakesley, Dan E. Stigall Jan 2015

Non-State Armed Groups And The Role Of Transnational Criminal Law During Armed Conflict, Christopher L. Blakesley, Dan E. Stigall

Scholarly Works

With the ascendance of the terrorist group known as the Islamic State of Iraq and Syria (ISIS), the international community has struggled to adapt to the new international security context. Among the challenges that are currently being confronted are questions relating to how states may effectively facilitate international cooperation to counter ISIS (especially among countries in the Middle East and North Africa). Within this context, guidance from the United Nations on international cooperation posits that “[t]he universal counter-terrorism conventions and protocols do not apply in situations of armed conflict” – a legal position that would serve to stymie important cooperative …

Go to article

Fairly Pricing Guilty Pleas, Anne R. Traum Jan 2015

Fairly Pricing Guilty Pleas, Anne R. Traum

Scholarly Works

Building on Professor Andrew Taslitz’s work, this article explores how Fair Price Theory can help us analyze the fairness of guilty pleas. In Judging Jena’s D.A., Professor Taslitz used Fair Price Theory to explore how prosecutors could strive to achieve fairness and reduce the perception of racial stigma. He used Fair Price Theory to propose a system of prosecutorial ethics that takes into account racial stigma. This article considers how Fair Price Theory challenges courts to analyze guilty pleas differently, by focusing on price without relying on the agency of prosecutors. Under current doctrine, a court examines whether the …

Go to article

Gay Liberation In The Illiberal State, Stewart Chang Jan 2015

Gay Liberation In The Illiberal State, Stewart Chang

Scholarly Works

A comparative analysis of incrementalist approaches to gay rights as they are deployed in the United States and Singapore demonstrates that seeking gay rights in a full democracy is actually no better than seeking them in an authoritarian regime. Incrementalism ultimately promotes sexual nornativity by dividing the gay community into "good gays," who deserve equal protections, and "bad queers," who are further marginalized. Incrementalism in the United States began with decriminalization of sodomy and terminated with the recognition of gay imarriage but did so by imagining gay sexuality within the context of committed relationships. The gay rights movement in Singapore …

Go to article

From Lonesome Cowboys To Geek Masculinities: A Study Of Documentary Films On The Financial Crisis, Frank Rudy Cooper Jan 2015

From Lonesome Cowboys To Geek Masculinities: A Study Of Documentary Films On The Financial Crisis, Frank Rudy Cooper

Scholarly Works

Space is a vantage point from which masculinity can be critiqued and understood. Documentary film-makers employ specific mode(s) to relate space to masculinity by positioning themselves vis-à-vis the interviewees, and the interviewees vis-à- vis the viewers. A financial crisis may threaten the hegemonic masculinity embodied by Wall Street’s lonesome cowboys and provide a chance for film-makers to critique this type of masculinity. This article analyses three documentary films, I.O.U.S.A., Capitalism: A Love Story, and Floored, which were released after the 2008 economic crisis in the United States. The films contain three prototypes: the lonesome cowboy; white, working-class masculinity; and hypermasculinity. …

Go to article

Always Already Suspect: Revising Vulnerability Theory, Frank Rudy Cooper Jan 2015

Always Already Suspect: Revising Vulnerability Theory, Frank Rudy Cooper

Scholarly Works

Martha Fineman proposes a post-identity "vulnerability" approach that focuses on burdens we all share; this article argues that theory needs to incorporate recognition of how invisible privileges exacerbate some people's burdens. Vulnerability theory is based on a recognition that we are all born defenseless, become feeble, must fear natural disasters, and might be failed by social institutions. It thus argues for a strong state that takes affirmative steps to insure substantive equality of opportunity. While vulnerability theory might help explain and remedy situations like Hurricane Katrina, it also might be susceptible to an argument that racial profiling is a necessary …

Go to article

A Critical Realist Approach To Engineering Ethics, Eddie Conlon Jan 2015

A Critical Realist Approach To Engineering Ethics, Eddie Conlon

Conference papers

This paper is focused on the teaching of engineering ethics (EE). Through a focus on safety and the lens of what sociologists call the agency/ structure relationship it examimes various approaches to this teaching. Drawing on Critical Realism it argues there are deficiencies in both the dominant approach and a number of proposed alternatives as they suffer from various forms of conflationism . By drawing on Critical Realism (CR) a more robust agenda for teaching engineering ethics can be developed. It is argued that CR offers a basis for understanding the range of factors which lead to accidents and disasters. …

Go to article

Mandating Discretion: Juvenile Sentencing Schemes After Miller V. Alabama, Jennifer S. Breen, John Mills Jan 2015

Mandating Discretion: Juvenile Sentencing Schemes After Miller V. Alabama, Jennifer S. Breen, John Mills

Faculty Scholarship

No abstract provided.

Go to article

Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming Hsu Chen Jan 2015

Trust In Immigration Enforcement: State Noncooperation And Sanctuary Cities After Secure Communities, Ming Hsu Chen

Faculty Scholarship

No abstract provided.

Go to article

Reorienting Restorative Justice: Initiating A New Dialogue Of Rights Consciousness, Community Empowerment And Politicization, Thalia Gonzalez Jan 2015

Reorienting Restorative Justice: Initiating A New Dialogue Of Rights Consciousness, Community Empowerment And Politicization, Thalia Gonzalez

Faculty Scholarship

For the last three decades scholars have explored the practice of restorative justice as a crime control mechanism in a multitude of settings. Much of the discourse has focused on restorative justice as an alternative to traditional punitive and retributive criminal justice processes. Whether restorative or punitive, criminal justice processes that seek to address harm are not apart, above, or outside social, cultural and political relations. This Article seeks to initiate a new dialogue of justice and argues that the ontology of restorative justice should to be viewed to include a liberatory moment of politicization focused on promoting equality and …

Go to article

First Prev