Digital Commons Network^™

The Relation Of Exposure To Community Violence To Self- Efficacy Based On Neighborhood, Family, And School Effects In A Community Sample Of Latino-American Youth, Arie Zakaryan

Dissertations

Community violence is considered a “public health epidemic” in the US. Latino youth and families are a burgeoning population in the United States, and many of whom live in neighborhoods exposed to community violence. Multiple contexts should be assessed identifying developmental assets youth use to adjust positively when exposed to violence. This study examines how different environmental contexts, i.e., home, school, neighborhood and acculturation, influence the relationship between exposure to community violence and self-efficacy for Latino youth. The current study uses an archival dataset of a larger longitudinal study (Project on Human Development in Chicago Neighborhoods). A confirmatory factor analysis …

Developing Prevention-Oriented Discipline Codes Of Conduct, Pamela Fenning, Miranda B. Johnson

Education: School of Education Faculty Publications and Other Works

A detailed analysis of prevention-oriented discipline in education.

Social Work For Social Justice: Strengthening Practice With The Poor Through Catholic Social Teaching, Julia Pryce, Michael S. Kelly, Mary Lawinger

Social Work: School of Social Work Faculty Publications and Other Works

No abstract provided.

Digital Forensics In Law Enforcement: A Needs Based Analysis Of Indiana Agencies, Teri A. Cummins Flory

Journal of Digital Forensics, Security and Law

Cyber crime is a growing problem, with the impact to society increasing exponentially, but the ability of local law enforcement agencies to investigate and successfully prosecute criminals for these crimes is unclear. Many national needs assessments have previously been conducted, and all indicated that state and local law enforcement did not have the training, tools, or staff to effectively conduct digital investigations, but very few have been completed recently. This study provided a current and localized assessment of the ability of Indiana law enforcement agencies to effectively investigate crimes involving digital evidence, the availability of training for both law enforcement …

Acquiring The Right To Get To The Light At The End Of The Tunnel: Rationalising Property Theory, Jonathan T. Ward

The Plymouth Law and Criminal Justice Review

The framework of private property theory has come under increasing scrutiny over recent years. The orthodox bundle theory of ownership and labour principle of first acquisition has been the subject of attack and scepticism. This discussion suggests a new approach to the analysis of property, focus on synthesis rather than contrast. Further, the classic differences between Roman Law and Anglo-American common law, it is argued here, are in fact more apparent than real – their similarities reveal the basis for a universal grammar in property discourse. An examination of the contemporary property theories identifies that it is time to shift …

Female Perpetrated Domestic Abuse: A Study Exploring The Hidden Experiences Of Male Victims Through A Thematic Analysis Of Online Blogs, Louise Hall

The Plymouth Law and Criminal Justice Review

Despite a great deal of academic literature surrounding domestic abuse in general, it is fair to suggest that the majority of research focuses on male perpetrated domestic abuse and the female victim. This therefore neglects the complexity of domestic abuse as a crime, whilst also undermining and causing further implications for the unrecognised and under researched male victim. Considering how much extensive research has been undertaken to explore female victim experiences of domestic abuse, this study sets out to explore the 'hidden' male victim. It will be evidenced through the collection and thematic analysis of eight online male victim blogs, …

An Introduction To Corporate Insolvency Law, Hamish Anderson

The Plymouth Law and Criminal Justice Review

English law provides three forms of insolvency proceeding for companies: liquidation, administration and company voluntary arrangements. This paper begins by examining the nature and purpose of insolvency law, the concepts of insolvency and insolvency proceedings, how insolvency practice is regulated and the role of the court. It then considers the sources of the law before describing the distinguishing characteristics of liquidation, administration and company voluntary arrangements. Finally, it deals with the sanctions for malpractice, transaction avoidance and cross-border insolvency.

Plymouth Past: Sustainable Future Report On Plymouth Law School Esrc Festival Exhibition, David J. Cox

The Plymouth Law and Criminal Justice Review

No abstract provided.

Gender Fraud' Where Do We Go From Here?, Penelope Childs

The Plymouth Law and Criminal Justice Review

This paper outlines work in progress that examines liability for sex offences involving 'gender fraud' and asks how things might be viewed differently from a transnormative perspective. It considers vitiation of consent by active deception as to gender and by non-disclosure of gender history and asks what implications recent case law might have for the transgender community.

The Globalisation Of Law, Lord Dyson

The Plymouth Law and Criminal Justice Review

No abstract provided.

Alleviating The 'Miserable Condition': Fitzjames Stephen And The Development Of Modern Abortion Law, Kate Gleeson

The Plymouth Law and Criminal Justice Review

Contemporary English abortion law is now typically thought to be a development of the twentieth century, and little academic attention has been paid to its development before the 1938 case of R v Bourne or the Abortion Act 1967. Sir James Fitzjames Stephen's nineteenth century perspectives on pregnancy, abortion and the doctrine of necessity informing the basis of contemporary governance of abortion, child destruction, and infanticide as distinct from homicide, are often overlooked. Stephen understood abortion, child destruction and infanticide as distinct crimes with a common motivation and intention. The desperation of women to conceal or remedy the 'miserable' and …

Laspo: Balancing Access To Justice With Legal Austerity In Private Family Law, Anna Parson

The Plymouth Law and Criminal Justice Review

No abstract provided.

A Critical Analysis Of The Investigative And Procedural Powers Of The European Commission In Implementing Competition Law, Bobbie Ryan

The Plymouth Law and Criminal Justice Review

No abstract provided.

The Duchy Of Cornwall And The Principle Of Crown Immunity, Part Ii: Is The Duchy Free To Break The Law Without Criminal Sanction?, John Kirkhope

The Plymouth Law and Criminal Justice Review

No abstract provided.

The Evolving Interface Between European Competition Law And Intellectual Property Rights: Is There A Balance To Be Achieved?, Cara O'Donoghue

The Plymouth Law and Criminal Justice Review

A comprehensive debate on the interface between IP (Intellectual Property) and European competition law has emerged over the past 50 years. The initial section of this article examines the gradual development of this conflicting relationship between the two laws. This is followed by an extensive analysis of the relevant precedent, focusing specifically on the significant rulings in Microsoft and IMS Health. The analysis explores the European competition authorities' preference to protect competitors' interests over achieving the general consensus for efficiency in the market and tackles the complex question of whether IP holders should be burdened with the responsibility of safeguarding …

The Utility Of Key Hate Crime Concepts, Katie Pratt

The Plymouth Law and Criminal Justice Review

This paper seeks to ascertain what exactly are the most important or relevant aspects of hate crime that we need to understand in order to address this most pernicious of acts. Whilst the UK conceptualization of hate crime was borne out of mass media attention on some key violent events, the official responses that followed were heavily shaped by a populist punitive view of how to address the issue. This paper discusses the limitations of the understanding of this issue and instead suggests a broader view of the underlying issue and causal factors as representative of patterns of prejudice and …

The Absent Voice Of Male Domestic Abuse Victims: The Marginalisation Of Men In A System Originally Designed For Women, Coralie Wright

The Plymouth Law and Criminal Justice Review

The problematic construction of domestic abuse as a 'gendered, heterosexual phenomenon that is predominantly physical in nature' has served to marginalise male victims of domestic abuse (Donovan and Hester, 2010:279), and impeded them from reaching victim status (Josolyne, 2011). As such, in comparison to women, men receive less recognition as victims within society, and support services are tailored towards the needs of female victims. Relatively little research has been undertaken on the experiences of male victims of domestic abuse, and thus it remains unclear how it is best to support them. This study adopts a qualitative approach to explore the …

A Point Of Justice - Granted Or Fought For? Women's Suffrage Campaigns In Plymouth And The West Country, Judith Rowbotham, Kim Stevenson

The Plymouth Law and Criminal Justice Review

The release of the film Suffragette in October 2015, surprisingly the first major feature film on the women's suffrage movement, has raised public consciousness about the issue of women's rights and the role of the suffragettes in demanding votes for women with their call to arms of 'deeds, not words'. But decades before the Women's Social and Political Union was created in 1903 campaigners across the country had begun the struggle for emancipation for women. We argue that the film therefore needs to be seen in a wider context including the high level of male support for the cause and …

Does Julian Assange Illustrate A Gap In Law That Should Be Codified?, Hamish Tye

The Plymouth Law and Criminal Justice Review

This article dissects the legality and purpose of diplomatic asylum, an intrinsically controversial area of international law. It becomes evident that diplomatic asylum residing in a grey area of international law suits many states. It provides an opportunity to reject diplomatic asylum as illegal when it suits a state but grant diplomatic asylum when an opportune moment arises. I conclude that it would be appropriate to introduce a form of diplomatic asylum internationally. Diplomatic asylum appears as a legal concept which persists in providing politically persecuted individuals protection regardless of the criticism grants of diplomatic asylum receive. Therefore Julian Assange …

The Soviet Legacy: Crime And Punishment In Latvia, Arta Jaili Idrissi

The Plymouth Law and Criminal Justice Review

The overall aim of this paper is to explore the operation of the Latvian penal system and to examine the impact of physical prison conditions on social relationships among prisoners and key stakeholders, such as prison officers and administration staff. Specifically the research aims to explore how prison conditions affect the interpersonal relationships and social order among prisoners and prison staff. If prison's overriding goals of reform and rehabilitation are to be achieved, prisoners as well as prison staff need to be asked how this can be accomplished better (redesigning the prison environment, receiving adequate assistance throughout the sentencing and …

A Naval 'Fracas': From Boat Race To Bounce, Dale Teobald

The Plymouth Law and Criminal Justice Review

No abstract provided.

Editorial, Kim Stevenson, Lesley Simmonds, Jason Lowther

The Plymouth Law and Criminal Justice Review

No abstract provided.

The Animals Act 1971 Places A Disproportionate Burden On The Keepers Of Animals And Is In Need Of Reform, Abigail Saunders

The Plymouth Law and Criminal Justice Review

The purpose of this paper is to determine whether the Animals Act 1971 places a disproportionate burden on the keepers of animals and whether it is in need of reform. The law prior to the Act will be considered in order to identify the problems that led to the current law. An analysis of the application of the Act and the case law follows to identify any problems with the current law. This paper will also focus specifically on damage caused by horse riding accidents due to the fact that it is a high risk sport and injuries will arise. …

Legal High Use Among Young Adults In The South-West Rave/Party Community: Implications For Uk Drug Policy, Patrick Allen

The Plymouth Law and Criminal Justice Review

The UK government has struggled with controlling the legal high problem since the emergence of mephedrone in 2009. Academic research has provided detailed knowledge on how people perceive these substances, mainly focusing on mephedrone, but has yet to identify a viable solution to escalating usage and availability. This research aimed to determine young adults' (18-26) current perceptions of legal highs and to assess how this might help government shape current proposed policy and futurelegislation more successfully. It also examined the under-researched moralistic interpretations of legal highs. Qualitative research was undertaken in the form of in-depth, semi-structured interviews with 14 experienced …

The Changing Face Of Domestic Abuse Service Provision, Gemma Henderson

The Plymouth Law and Criminal Justice Review

This article aims to explore the changing reality of domestic abuse service provision to victims of domestic abuse in the South West of England. By interviewing the professionals who work with the victims, it explores how cuts to funding is altering provisions for victims and multi-agency working and the realities of the move to tendering via the commissioning process. Results illustrate that austerity measures and government reforms have negatively affected domestic abuse service provision over recent years. Not only are there fewer services available but also changes in social policy are forcing the specialist domestic abuse charities to be replaced …

Shattering The Glass Ceiling In International Adjudication, Nienke Grossman

All Faculty Scholarship

The Article shows that women are found in dramatically low numbers on the benches of the majority of the world’s most important international courts, analyzes the causes of this phenomenon and proposes and evaluates solutions. It establishes that the number of women in the pool of potential judges does not appear to dictate how many women become international judges. It shows, too, that when selection procedures are closed and opaque, and there is no quota or aspirational target for a sex-balanced bench, women obtain international judgeships in disproportionately low numbers. On the other hand, when a quota or aspirational target …

Achieving Sex-Representative International Court Benches, Nienke Grossman

All Faculty Scholarship

Twenty-five years ago, in this Journal, Hilary Charlesworth, Christine Chinkin, and Shelley Wright argued that the structures of international law “privilege men.”1 As shown in Table 1, which summarizes data from a forthcoming article, on nine of twelve international courts of varied size, subject-matter jurisdiction, and global and regional membership, women made up 20 percent or less of the bench in mid 2015.2 On many of these courts, the percentage of women on the bench has stayed constant, vacillated, or even declined over time.3 Women made up a lower percentage of the bench in mid 2015 than in previous years …

Public Laws And Private Lawmakers, Kimberly L. Wehle

All Faculty Scholarship

The Obama Administration's "Clean Power Plan" for addressing industrial carbon emissions is controversial as a matter of environmental policy. It also has important constitutional implications. The rule was initially crafted not by officers or employees of the Environmental Protection Agency, but by two private lawyers and a scientist with industry ties. Private parties operate extra-constitutionally, and no existing legal doctrine tethers constitutional scrutiny to the nature of the power delegated to them. The nondelegation doctrine applies to delegations by Congress-not to agencies' subdelegations of legislative power to private parties. The other doctrinal lens for reviewing rulemaking by entities other than …

Decriminalizing Violence: A Critique Of Restorative Justice And Proposal For Diversionary Mediation, M. Eve Hanan

All Faculty Scholarship

The movement to reduce over-prosecution and mass incarceration has focused almost exclusively on non-violent offenders despite data showing that over half of all prisoners incarcerated within the United States are sentenced for crimes of violence. As a consequence of the focus on nonviolent offenses, the majority of current and future defendants will not benefit from initiatives offering alternatives to criminal prosecution and incarceration.

A discussion of alternatives to the criminal justice system in cases of violent crime must begin by acknowledging that violent crime is not monolithic. Many incidents meet the statutory elements of a violent crime, that is, the …

An Exploration Of Attachment Strategies Among Young People Who Engage In Harmful Sexual Behaviour, Bartosz Zaniewski

Other Faculty of Health Theses

Background: It is estimated that adolescent offenders account for 65% of contact child sexual abuse. A range of explanatory theories and models of intervention have been proposed. These are mainly based on cognitive theories with Cognitive Behavioural Therapy (CBT) and psycho-education remaining as the dominant models of treatment intervention. This research explored the issue of harmful sexual behaviour from the psychosocial perspective, drawing on attachment theory and social constructionism. Aim: The research explored attachment strategies among young people with harmful sexual behaviour. It examined young people’s understanding and explanations regarding their sexually abusive behaviour. This included an exploration of how …