Digital Commons Network^™

A License To Kill: State Sponsored Death In The Oldest Colony In The World, Emmanuel Hiram Arnaud

Faculty Scholarship

The article discusses the death penalty in Puerto Rico as a means of state violence by the United States over Puerto Rico. In light of this, the author recounts the Puerto Rican colonial experience through a legal lens, beginning with the first organic law of Puerto Rico and the Insular Cases. Afterwards, the author examines the imposition of the death penalty on Puerto Rico and the challenges it has faced based on the due process of the fourteenth amendment. The article concludes with the stating how the death penalty is as another expression of the U.S. Congress plenary powers over …

Statute Language And Clinicians' Judgments Of Treatment Amenability In Juvenile Waiver Cases, Anthony S. Lawrence Jr.

All-Inclusive List of Electronic Theses and Dissertations

Reflecting concerns regarding the suitability of managing certain juvenile offenders within the juvenile justice system, the Court has embraced the transfer of juveniles to adult court as a necessary measure. Among the factors to be considered when deciding between retaining an offender in the juvenile system and transferring him to the adult court concerns his amenability to treatment. Little empirical research has been devoted to this topic, especially with regard to the circumstances that may influence these clinical decisions. The present study explored how clinicians conceptualize and assess treatment amenability, and whether judgments are context dependent when presented with a …

Older Indigent Women’S Economic Crimes: Subsuming Feminism In Favour Of A Human Rights Explanation, Patricia Joan Rhodes

Theses: Doctorates and Masters

Many people today believe the concept of gender inequality is outmoded, irrelevant and unnecessary in Western societies that are deemed egalitarian. As a consequence, feminism as a movement with gender equality at its core has often been proclaimed ‘dead’,a relic of the past. Feminist perspectives, nevertheless, have produced differing points of view about the sources of gender inequality affecting crime rates and criminal behaviour.

For the last 50 years or so, women and girls have been the subject of criminological research that has largely evolved from sociological perspectives and specifically from feminism. Although gender intersects with other social realities and …

Ethnographic Insights Into Safety Communication For Frontline Workers, Kelly Jaunzems, Lelia Green, David Leith, Christine Teague

Research outputs 2014 to 2021

Recent calls for organisation studies to embrace ‘the practice turn’ (Whittington, 2011) have expanded into an understanding of the potential for ethnographic research in occupational health and safety (OHS) research (Pink et al., 2016). The ethnographic project described here, with fieldwork conducted between 2008 and 2010, is one element of this growing appreciation of the potential for qualitative research in industrial settings. Ethnographies have not often been used in OHS settings, and ‘much practicebased knowledge remains undocumented, informal, unspoken and thus unaccounted for’ (Pink et al., 2016, p. 27). This study was motivated by an aim to make explicit the …

A Youth Curfew: A Retrospective View Of The Rise, Fall And Legacy Of The Northbridge Policy, Trudi Cooper, T. Love

Research outputs 2014 to 2021

This article presents policy, practice and theory implications of a case study of a youth curfew. The original case study of the Northbridge Policy Project set out to document the purposes of the Northbridge Policy, how policy was implemented, and to evaluate the effectiveness of this approach as a generalised response to child welfare and youth crime. The study synthesised data from multiple sources. The original study concluded that although the project was well resourced, well managed and had improved greatly inter-agency collaboration for child protection, these benefits could have been achieved without the curfew, which undermined some preventative aspects …

Interpersonal Apologies: A Psychological Perspective Of Why They Might Work In Law?, Alfred Allan, James Strickland, Maria M. Allan

Research outputs 2014 to 2021

Apologies have become an accepted feature in many fields of law and there is evidence that they make a constructive contribution to the resolution of disputes. The reason for this might be that they address the intangible needs of parties after adverse events that law otherwise find difficult to address. Legal reformers introduced apologies into law primarily on the basis of deductive reasoning without being able to refer to a comprehensive psychological theory that explains the apology process; in part because apology was only identified as a psychological construct worthy of empirical research during the last quarter of the 20th …

The Acceptance Of Apologies In The Corrective Process: Implications For Research And Practice, James Strickland, Alfred Allan, Maria M. Allan

Research outputs 2014 to 2021

Apology scholars and researchers in psychology, law, and justice commonly conceptualise the corrective process that follows wrongful behaviour as an apology-followed-by-forgiveness sequence. In this paper, however, we suggest on the basis of our analysis of the research literature that a more suitable conceptualisation of the corrective process is one that includes the acceptance of an apology as an additional discrete step that is distinct from forgiveness. We begin with a brief discussion of the psychological view of apologies as a process of negotiation between offending and offended parties, and how psychologists conceive peoples’ responses to apologies. We also review the …

Review Of Punishment In Popular Culture By Charles Ogletree Jr. & Austin Sarat, Eds., Jessica Silbey

Faculty Scholarship

The editors of Punishment in Popular Culture remind us that "through practices of punishment ... cultural boundaries are drawn, that solidarity is created through acts of marking difference between self and other, that these processes proceed through disidentification as much as imagined connection." (p. 2) This is no doubt true about the organization, justification and reception of various forms of punishment in society. It is no less true about the creation and cultivation of popular cultural forms of entertainment such as television and film. To be sure, punishment acts directly on bodies. And cultural forms-visual or texual stories about punishment …

The Potential Utility Of Disciplinary Regulation As A Remedy For Abuses Of Prosecutorial Discretion, Samuel J. Levine

Scholarly Works

This Essay is part of a larger project exploring the possibility that, contrary to much of the prevailing scholarship, judicial supervision of the prosecutor’s charging decision—through both expansive judicial interpretation of current ethics rules and judicial enactment and enforcement of more extensive ethics rules—might serve as a viable and effective mechanism for meaningful review and regulation.

In a forthcoming article, Bruce Green and I identify and respond to some of the reasons scholars have generally steered clear of considering the option that judges might play a more robust role in supervising prosecutors’ charging discretion by implementing enhanced disciplinary rules addressing …

Tallinn, Hacking, And Customary International Law, Ahmed Ghappour

Faculty Scholarship

Tallinn 2.0 grapples with the application of general international law principles through various hypothetical fact patterns addressed by its experts. In doing so, its commentary sections provide a nonbinding framework for thinking about sovereignty, raising important considerations for states as they begin to articulate norms to resolve the question of precisely what kinds of nonconsensual cyber activities violate well-established international laws — a question that will likely be the focus of international lawyers in this area for some time to come.

This essay focuses on one area of state practice where states are already dealing with these issues: the use …

Confronting Crawford: Justice Scalia, The Judicial Method, And The Adjudicative Limits Of Originalism, Gary S. Lawson

Faculty Scholarship

If you conduct an online search for something like “Justice Scalia’s most important opinions” or “Justice Scalia’s most influential opinions,” you will (or at least I did) almost always end up with a list that is top-heavy with dissents. That is not surprising. Dissenting opinions gave Justice Antonin Scalia the most freedom to exercise his considerable skills as a writer and were therefore more likely to produce memorable one-liners. They were also the best occasions for him to express his views can­didly and forcefully and thus served as the best vehicles for elaboration of his jurisprudential and doctrinal positions. Majority …

Privacy And Court Records: Online Access And The Loss Of Practical Obscurity, David S. Ardia

Faculty Publications

Court records present a conundrum for privacy advocates. Public access to the courts has long been a fundamental tenant of American democracy, helping to ensure that our system of justice functions fairly and that citizens can observe the actions of their government. Yet court records contain an astonishing amount of private and sensitive information, ranging from social security numbers to the names of sexual assault victims. Until recently, the privacy harms that attended the public disclosure of court records were generally regarded as insignificant because court files were difficult to search and access. But this “practical obscurity” is rapidly disappearing …

Court Fines And Fees: Criminalizing Poverty In North Carolina, Heather Hunt, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Civilizing Criminal Settlements, Russell M. Gold, Carissa Byrne Hessick, F. Andrew Hessick

Faculty Publications

No abstract provided.

Looking Back, Looking Forward: Feminist Legal Scholarship In Sls, Susan B. Boyd, Debra Parkes

All Faculty Publications

This article offers a review of shifts in feminist legal theory since the early 1990s. We first use our respective histories and fields of expertise to provide a brief overview and highlight some key themes within feminist legal theory. We then examine Social & Legal Studies (SLS), asking whether it has met its key goal of integrating feminist analyses at every level. Our review suggests that SLS has offered many important contributions to feminist legal scholarship but has not fulfilled its lofty goal of integrating feminist analyses at every level of scholarship. It features feminist work quite consistently and some …

State Lawmaking On Federal Constitutional Childcare Parents: More Principled Allocations Of Powers And More Rational Distinctions, Jeffrey A. Parness

Faculty Articles, Papers, and Other Scholarship

Unlike other federal constitutional rightsholders, a parent with the federal constitutional right to exercise “care, custody, and control” over a child is defined by state lawmakers. While federal constitutional childcare parents may be defined by state constitutional law precedents, they typically are not. The balance of General Assembly and judicial authority over childcare parentage definitions varies interstate. As well, the definitions of childcare parentage differ intrastate depending upon how parentage is established. At times, childcare parentage is defined in a single state by biological ties (real or imagined), contracts, or earlier histories of significant parental-like acts. When determining federal constitutional …

Valuing Identity, Osamudia James

Faculty Publications

No abstract provided.

Wrestling Tyrants: Do We Need An International Criminal Justice System?, Christopher L. Blakesley

Scholarly Works

Prof. Christopher L. Blakesley delivered this keynote address at the Crimes Without Borders: In Search of an International Justice System Symposium, held at the McGeorge School of Law in the spring of 2016.

The Use And Abuse Of Mutual-Support Programs In Drug Courts, Sara Gordon

Scholarly Works

There is a large gap between what we know about the disease of addiction and its appropriate treatment, and the treatment received by individuals who are ordered into treatment as a condition of participation in drug court. Most medical professionals are not appropriately trained about addiction and most addiction treatment providers do not have the education and training necessary to provide appropriate evidence-based services to individuals who are referred by drug courts for addiction treatment. This disconnect between our understanding of addiction and available addiction treatment has wide-reaching impact for individuals who attempt to receive medical care for addiction in …

Prison To School To Redemption: A Full Circle Channel To The Complete ‘School-To-Prison Pipeline’, Kristen Alana Antoine

LSU Doctoral Dissertations

The purpose of this study was to investigate education and self-efficacy for incarcerated men who have chosen to pursue post-secondary educations despite being in the confinement of the PIC. A narrative inquiry design was used. This is where the story of a real life problem or situation is used to provide sufficient background data in order to analyze and solve a problem. It was important to share the stories of the participants so that readers could understand the overall effects of education and religion in this culture. The study data was collected through participant letters, face-to-face discussion, PASCI survey, artifacts, …

Local Embeddedness Matters: A Study Of Hip-Hop Artists' Interaction With Their Local Community, Castel Vette Sweet

LSU Doctoral Dissertations

This dissertation study is an exploration of hip hop and rap artists’ embeddedness in local communities, and their interpretation of the connectedness between their work and their communities. I explore the influence of place and space in the identity development of artists, and how artist use those identities to guide their interactions with their local community. I also investigate the significance of artists’ interactions and relationship in the cultivation of social and cultural capital. In contrast to previous scholarship emphasising the negative influence rap and hip-hop artists have on their communities, I utilize in-depth interviews with artists to examine the …

Predictive Analytics' Punishment Mismatch, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.

The Prisonization Of America's Public Schools, Maryam Ahranjani

Scholarly Works

No abstract provided.

Measuring Teachers' Perceptions Of Student Behavior Using The Systematic Screening For Behavior Disorders, Megan Ruth Erickson

LSU Master's Theses

As part of school- and district-wide preventative efforts, universal screening serves to identify students at risk for emotional and behavioral disorders while their behavior is still amenable to treatment. However, there are few universal screeners available for middle school students, who may be at heightened risk for developing emotional and behavioral difficulties due to major academic and social changes. The Systematic Screening for Behavior Disorders (SSBD), often considered the “gold standard” for behavior screeners, was recently validated for use in middle schools. However, there is little research on the reliability and validity of the SSBD for screening middle school students …

Reclaiming The Streets: Black Urban Insurgency And Antisocial Security In Twenty-First-Century Philadelphia, Jeff Maskovsky

Publications and Research

This article focuses on the emergence of a new pattern of black urban insurgency emerging in major US metropolitan areas such as Philadelphia. I locate this pattern in the context of a new securitization regime that I call “antisocial security.” This regime works by establishing a decentered system of high-tech forms of surveillance and monitory techniques. I highlight the dialectic between the extension of antisocial security apparatuses and techniques into new political and social domains on the one hand and the adoption of these same techniques by those contesting racialized exclusions from urban public space on the other. I end …

Patient, Victim, Or Survivor?: An Analysis Of Sane Nursing Curriculum Bias, Samantha D. Gardner

University Honors Theses

This study assesses the SANE program training for the Oregon Sexual Assault Task Force to identify gaps that fail to address bias, causing SANE nurses to provide less-effective care to people who have experienced interpersonal violence. This thesis will address a particular question: How does the SANE nursing curriculum address bias? When reviewing the literature, it is clear that both biases and gaps in SANE training negatively affect survivors experiences. In order to address both biases and gaps, I conducted an initial read read-through of the curriculum text. Next, I made memos on notecards of the key words, phrases, and …

Women And The Wilderness: A Review Of Barriers To Participation, Current Coping Strategies, And Guidance For Future Programs, Naiyear Khajavei

University Honors Theses

This literature review discusses the obstacles that women face in participating in outdoor recreation, the ways in which they are currently navigating these obstacles, and discusses how the currently literature (and the gaps within it) can inform our future research and policy making. The obstacles women currently face in wilderness recreation surround gender roles and social expectations, lack of early skill-development and confidence, and a gendered geographic fear. Currently, women are navigating these obstacles by either conforming or rejecting gender roles in their participation, choosing to develop skills in female-only environments, and taking means to increase perceived safety such as …

Economic Freedom And Philanthropy, Ian Pritchard

Agribusiness and Applied Economics

This thesis provides an empirical testing of the relationship between economic freedom and philanthropy. At present, a wealth of literature exists on the relationship between economic freedom and other macroeconomic indicators like growth and income, but no relationship has been defined between economic freedom and philanthropy. Using data provided by the National Center for Charitable Statistics, as well as the Economic Freedom of North America Index provided by the Fraser Institute, we are able to test this relationship in a number of different specifications to control for various different factors. We find results that indicate that there is a positive, …

Student-Perceived Quality Of Motivational Interviewing Training: A Factor-Analytic Study, Douglas Smith, Melinda Hohman, Stéphanie Wahab, Trevor Manthey

School of Social Work Faculty Publications and Presentations

Objective: This study developed and tested a student-report measure of motivational interviewing (MI) teaching quality called the Evaluation of Motivational Interviewing Teaching (EMIT) scale.

Method: Social work students (N = 297) receiving course content on motivational interviewing completed the EMIT, and exploratory factor analysis investigated whether theory-based dimensions of teaching emerged as EMIT subscales, including: interactivity/skill building, MI content coverage, modeling MI during teaching, trainee autonomy violation, and encouraging ongoing training in MI.

Results: Two subscales emerged representing MIconsistent (28 items, α = .92) and MI-inconsistent teaching practices (7 items, α = .73).

Conclusions: Although more …

Dear Solitary Black Student, Mychel L. Estevez

University Studies Faculty Publications and Presentations

Teaching Note, a letter aimed at ways to avoid further marginalizing black students.