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2018

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Our Regionalism, Jessica Bulman-Pozen Jan 2018

Our Regionalism, Jessica Bulman-Pozen

Faculty Scholarship

This article provides an account of Our Regionalism to supplement the many accounts of Our Federalism. After describing the legal forms regions assume in the United States — through interstate cooperation, organization of federal administrative agencies, and hybrid state-federal efforts — it explores how regions have shaped American governance across the twentieth and early twenty-first centuries.

In the years leading up to the New Deal, commentators invoked regions to resist centralization, arguing that state coordination could forestall expansion of the federal government. But regions were soon deployed to a different end, as the federal government relied on regional administration to …


The Lived Experiences Of African American Noncustodial Fathers In Tennessee, Anovia L. Slaughter Jan 2018

The Lived Experiences Of African American Noncustodial Fathers In Tennessee, Anovia L. Slaughter

Walden Dissertations and Doctoral Studies

There is a disproportionate number of African American fathers in the State of Tennessee that experience parenting and child support disparities when compared to single parents of other ethnicities. The purpose of this general qualitative study was to examine the experiences of African American noncustodial fathers and to examine the impact of the codification of Tennessee family laws. The theoretical frameworks for this study were critical race theory, and social construction and policy design. The key research questions examined the lived experiences of African American noncustodial fathers in the State of Tennessee and how the codification of Tennessee family laws …


Probation Officers' Attitudes On Illinois Electronic Monitoring Program For Drug Offenders, Erika J. Jones-Dilworth Jan 2018

Probation Officers' Attitudes On Illinois Electronic Monitoring Program For Drug Offenders, Erika J. Jones-Dilworth

Walden Dissertations and Doctoral Studies

Probation Officers' Attitudes on Illinois Electronic Monitoring Program

For Drug Offenders

by

Erika Jones-Dilworth

MPA, Governors State University, 2009

BS, Governors State University, 2007

Dissertation Submitted in Partial Fulfillment

of the Requirements for the Degree of

Doctor of Philosophy

Public Policy & Administration

Walden University

November 2018


A Crisis Of Conscience: Miscarriages Of Justice And Indigenous Defendants In Canada Jan 2018

A Crisis Of Conscience: Miscarriages Of Justice And Indigenous Defendants In Canada

UBC Law Review

No abstract provided.


Paradigm Shift: Towards A New Model For Refugee Status Determination In Canada Jan 2018

Paradigm Shift: Towards A New Model For Refugee Status Determination In Canada

UBC Law Review

No abstract provided.


Exploring Illusions Of Height In Suit Design, Michael P. Lee Jan 2018

Exploring Illusions Of Height In Suit Design, Michael P. Lee

Theses and Dissertations--Psychology

Objective: The goal of this research was to explore how the design of clothing, specifically the design of the suit, can create height illusions.

Background: Taller people enjoy many advantages, such as increased income and perceived attractiveness. These advantages motivate people to try to appear taller than they actually are, and clothing experts provide advice on how to accomplish this. However, there is little empirical evidence to validate the illusory effects clothing might have on overall height perception. The few studies that have explored illusions of body size created by clothing design have been limited in two important ways – …


Characterizing The Role Of Glucocorticoids In The Sign Tracking Behavior Of Male Japanese Quail (Coturnix Japonica), Beth A. Rice Jan 2018

Characterizing The Role Of Glucocorticoids In The Sign Tracking Behavior Of Male Japanese Quail (Coturnix Japonica), Beth A. Rice

Theses and Dissertations--Psychology

A devastating feature of drug-dependence is the susceptibility of relapse (40-60%) after stretches of abstinence. One theory that may account for relapse suggests that drug cues (e.g., paraphernalia) may increase stress hormones, and this may prompt relapse. Repeatedly pairing a neutral cue with a reward is commonly utilized to measure what subjects learn about a cue that is predictive of reward. Research has shown that animals that attend to a cue more than to the reward (sign trackers) may be more vulnerable to drug addiction. Additionally, research has shown that sign tracking is associated with an increase in corticosterone (CORT), …


Effects Of Social Interaction On Morphine Conditioned Place Preference In Adolescent Male Rats, Virginia G. Weiss Jan 2018

Effects Of Social Interaction On Morphine Conditioned Place Preference In Adolescent Male Rats, Virginia G. Weiss

Theses and Dissertations--Psychology

The fact that adolescents commonly initiate drug use in social settings is well established. Both clinical and preclinical research has investigated how social interaction is altered by a variety of drugs of abuse. What is less understood is how the rewarding value of drugs of abuse is affected by the presence of social peers. This dissertation aimed to investigate the interaction of morphine and social play on conditioned place preference (CPP) in adolescent male Sprague Dawley rats, using both behavioral and immunohistochemistry (IHC) methods. Rats were exposed to morphine (0, 1, or 3 mg/kg; s.c.), social interaction, or a combination …


Gundy V. United States: Reflections On The Court And The State Of The Nondelegation Doctrine, Jennifer L. Mascott Jan 2018

Gundy V. United States: Reflections On The Court And The State Of The Nondelegation Doctrine, Jennifer L. Mascott

Scholarly Articles

This short "reflections" essay is an invited piece that addresses the Supreme Court's consideration of the "nondelegation doctrine" this coming Term in Gundy v. United States. The Court has not found any statutory provision to be unconstitutional on nondelegation grounds since 1935. Will that change this Term when the Court evaluates the Attorney General's authority to retroactively apply federal sex offender registration requirements to individuals convicted prior to enactment of those statutory rules? Will the new makeup of the Court after Justice Kennedy's retirement impact the likely outcome of this nondelegation challenge?


Developmental Patterns Of Religiosity In Relation To Criminal Trajectories Among Serious Offenders Across Adolescence And Young Adulthood, Siying Guo Jan 2018

Developmental Patterns Of Religiosity In Relation To Criminal Trajectories Among Serious Offenders Across Adolescence And Young Adulthood, Siying Guo

Theses and Dissertations

The knowledge about the relationship between changes in both religiosity and crime over time remains limited. This dissertation aims to add to the existing body of literature and fill the gaps in prior studies by examining the religiosity-crime relationship in a sample of adjudicated adolescents studied in the Pathways to Desistance Study, a seven-year longitudinal dataset. Using Group-Based Trajectory Models and Growth Curve Models, this dissertation identifies distinctive trajectories of religious attendance, religious importance, and spirituality and their dynamic relationships with changes in different types of substance use and criminal behavior. Given the initial level of substance use and criminal …


The Importance Of Outcome Fairness: Revisiting The Role Of Distributive Justice, Kyle Mclean Jan 2018

The Importance Of Outcome Fairness: Revisiting The Role Of Distributive Justice, Kyle Mclean

Theses and Dissertations

Distributive justice, or the perceived fairness of outcomes, has played a minimal role in research into procedural justice and legitimacy in policing. However, allegations of racial bias that have contributed to the present legitimacy crisis in policing are more consistent with the concept of distributive justice than procedural justice. As such, the present study attempts to re-orient distributive justice within policing research. This study proposes that individuals infer the fairness of outcomes from the treatment that they receive from police officers. These judgments about outcome and treatment then combine to influence individuals’ perceptions of the legitimacy of police. In addition …


Forensic Patient Flow: An Imbalance Between Capacity And Demand, Versie J. Bellamy Jan 2018

Forensic Patient Flow: An Imbalance Between Capacity And Demand, Versie J. Bellamy

Theses and Dissertations

Background: The United States (U.S.) has an ever-growing incarcerated population. The sheer volume of this population coupled with inefficient patient flow through the judicial and health care systems, create a large imbalance between the high demand for services and the capacity to deliver them. The delay in criminal defendants accessing mental health services is impacted by the lack of patient flow, which creates barriers to entering and exiting the forensic hospital system. The increasing demand for inpatient forensic services, coupled with a static supply of resources, warrants further intervention by treatment and service providers. Identifying and removing barriers to patient …


Deepening Democracy: Inclusion, Deliberation, And Voice In The Grassroots South, Annie L. Boiter-Jolley Jan 2018

Deepening Democracy: Inclusion, Deliberation, And Voice In The Grassroots South, Annie L. Boiter-Jolley

Theses and Dissertations

Through an exploration of grassroots challenges to shallow democracy in South Carolina, this dissertation offers a model of democratization based on inclusion, deliberation, and empowerment as a remedy for democratic insufficiency. I posit that greater emphasis on inclusive democratic deliberation, both inside and outside formal political structures, will help deepen the South’s shallow democracy, and that inclusive deliberation fostered through grassroots organizing that priorities consciousness raising, empowerment, and activism training will positively affect participants, deliberation, and policy outcomes. Taking a grounded theory approach, I consider case studies of three organizations based in Columbia, South Carolina, and their attending theories of …


Becoming A Sailor: A (Critical) Analytic Autoethnographic Account Of Navigating Tensions As A ‘Woke’ White Woman Working For Racial Justice, Jennifer Lynn Doyle Jan 2018

Becoming A Sailor: A (Critical) Analytic Autoethnographic Account Of Navigating Tensions As A ‘Woke’ White Woman Working For Racial Justice, Jennifer Lynn Doyle

Theses and Dissertations

This critical, analytic autoethnographic (Boylorn & Orbe, 2014; Anderson, 2006) dissertation details the journey of a young white woman practicing “woke whiteness work” in the pursuit of racial justice. The autoethnography illustrates the many complexities, layers, and tensions of racial justice work as a white woman, centering on the initial tension stemming from the spring 2014 semester where she was involved in a literary research project facilitating book clubs at a juvenile detention center with students who were incarcerated as part of an adolescent literacy course, while simultaneously enrolled in a Critical Race Theory (CRT) course. In an attempt to …


Ghosting: It’S Time To Find Uniformity On Ghostwriting, Jona Goldschmidt Jan 2018

Ghosting: It’S Time To Find Uniformity On Ghostwriting, Jona Goldschmidt

Criminal Justice & Criminology: Faculty Publications & Other Works

There is no way of knowing how many, and for how long, lawyers and nonlawyers have engaged in ghostwriting pleadings to assist pro se litigants — indigent or nonindigent. It is reasonable to assume that many lawyers and others have acted as ghostwriters in order to facilitate greater access to the court, rather than for personal gain. Despite the laudable motives of ghostwriters, ghostwriting has historically been considered an illegitimate form of unbundling legal services because of the spate of federal court opinions opposing the practice on ethical and Rule 11-violation grounds. This article addresses the current anomalous situation in …


A Critical Examination Of The Police Use Of Tasers, Jodie Nash Jan 2018

A Critical Examination Of The Police Use Of Tasers, Jodie Nash

The Plymouth Law and Criminal Justice Review

This study explored the police use of Tasers and how this has an impact on matters such as public confidence, governance, welfare of officers and holding the police accountable. This topic was chosen due to the lack of academic coverage that it has received and its need to be further developed for the purpose of creating more understanding around the matter. It was also chosen as a result of recent and ongoing speculation on the issue and due to its current relevance seen because of recent incidents that may either support or contradict a more elevated use of Tasers by …


First World Problems, Developing World Impacts: An Assessment Of The Adequacy Of The Law On Shipbreaking, Shannen Trout Jan 2018

First World Problems, Developing World Impacts: An Assessment Of The Adequacy Of The Law On Shipbreaking, Shannen Trout

The Plymouth Law and Criminal Justice Review

Shipbreaking, or recycling, is a potentially destructive practice reflecting many dimensions to the modern sustainable development debate. It engages a suite of legal issues and has prompted discussion between professionals concerned with the environment, the economy and workplace ethics. This article seeks, first, to identify the breadth of issues that arise within the shipbreaking industry; and then proceeds to discuss the legal frameworks that regulate the trade, their effectiveness or otherwise; and concludes that the overall efforts to impose legislative or other regulatory systems, internationally and domestically, are far from what is needed in order to reform shipbreaking into a …


Practitioner To Academic: A Reflective And Personal Account, Luke Fisher Jan 2018

Practitioner To Academic: A Reflective And Personal Account, Luke Fisher

The Plymouth Law and Criminal Justice Review

No abstract provided.


Medical Law At Plymouth: A Different Approach, Pippa Trimble Jan 2018

Medical Law At Plymouth: A Different Approach, Pippa Trimble

The Plymouth Law and Criminal Justice Review

No abstract provided.


Editorial: 24th Pilgrim Father's Lecture: The Right Hon Lady Black Of Derwent Dbe, Justice Of The Supreme Court, Kim Stevenson, Gareth Addidle, Jason Lowther Jan 2018

Editorial: 24th Pilgrim Father's Lecture: The Right Hon Lady Black Of Derwent Dbe, Justice Of The Supreme Court, Kim Stevenson, Gareth Addidle, Jason Lowther

The Plymouth Law and Criminal Justice Review

No abstract provided.


Criminology On The Buses, How Do Structures Of Neoliberalism And Culture Impact Crime And Role Performance Within The Bus Industry, Thomas Roscoe Jan 2018

Criminology On The Buses, How Do Structures Of Neoliberalism And Culture Impact Crime And Role Performance Within The Bus Industry, Thomas Roscoe

The Plymouth Law and Criminal Justice Review

The bus industry within the United Kingdom accounted for four and a half billion local journeys to year ending March 2016 (Department for Transport, 2016). With so many journeys being made there needs to be a focus on safety for passengers, whilst there are extensive laws in place and bodies such as the Driver and Vehicle Standards Agency (DVSA) to govern the operation of bus services, there has been little criminological focus on the crimes and harms that occur within the industry. Typically, crime on buses has formed a sub section for wider spatial studies of crime, or crimes, which …


The Position Of The Estate Owner And The Adverse Possessor, A Comparison Between England And Wales, Scotland And The Republic Of Ireland, Victoria Boruta Jan 2018

The Position Of The Estate Owner And The Adverse Possessor, A Comparison Between England And Wales, Scotland And The Republic Of Ireland, Victoria Boruta

The Plymouth Law and Criminal Justice Review

This article analyses the concept of the doctrine of adverse possession by comparing the legal position of the estate owner and the adverse possessor in three legal systems, England and Wales, Scotland and the Republic of Ireland, with a view to identifying which jurisdiction offers more protection to each party. It explores the theoretical underpinnings of adverse possession in the context of the shifting priorities of land law more generally.


Identifying Factors That Influence The Use Of Dark Web Cryptomarkets: Qualitative Interviews With Cryptomarket Users, Michael Felstead Jan 2018

Identifying Factors That Influence The Use Of Dark Web Cryptomarkets: Qualitative Interviews With Cryptomarket Users, Michael Felstead

The Plymouth Law and Criminal Justice Review

Dark Web cryptomarkets represent a phenomenon in modern criminality and their study is of key importance to contemporary criminology. This study aims to identify factors that influence the use of cryptomarkets and to gain further insight into the opinions and experiences of their users. The aims of the study were achieved by identifying multiple cryptomarket users through snowball sampling and conducting a series of semi structured interviews. Users described quality, anonymity and harm reduction as major influencing factors of their cryptomarket use. Participants displayed the qualities of a rational consumer orientation and explained that their use of cryptomarkets was linked …


The Demise Of The Traditional Jury And Jury Impartiality With Particular Focus On Media Intrusion, Jessica Clarke Jan 2018

The Demise Of The Traditional Jury And Jury Impartiality With Particular Focus On Media Intrusion, Jessica Clarke

The Plymouth Law and Criminal Justice Review

In a world where 24 hour news and social media are ingrained into people's everyday lives it can be difficult to uphold traditional values and practice. This is particularly pertinent in respect of the impact of such factors on the fundamental system of trial by jury and its impartiality. This article examines the issue of mass media and its influence and impact on jury decisions.


Tearing Up The Patchwork Quilt: An Examination Of How, Why And When Liability For Psychiatric Injury In The Tort Of Negligence, Jordan Owen Jan 2018

Tearing Up The Patchwork Quilt: An Examination Of How, Why And When Liability For Psychiatric Injury In The Tort Of Negligence, Jordan Owen

The Plymouth Law and Criminal Justice Review

This paper grapples with the question of whether the law of psychiatric injury remains fit for purpose in the twenty-first century. Through analysing the historical development of this area of law an attempt is made to understand how it has come to be degradingly described as a patchwork quilt of distinctions. Once the history has been set out an attempt is made to learn from whatever historical mistakes there may have been and devise a way forward whereby the mistakes of the past can be avoided and a return to clarity can be achieved.


Algorithmic Sovereignty, Denis Roio Jan 2018

Algorithmic Sovereignty, Denis Roio

Other Faculty of Arts, Humanities and Business Theses

This thesis describes a practice based research journey across various projects dealing with the design of algorithms, to highlight the governance implications in design choices made on them. The research provides answers and documents methodologies to address the urgent need for more awareness of decisions made by algorithms about the social and economical context in which we live. Algorithms consitute a foundational basis across different fields of studies: policy making, governance, art and technology. The ability to understand what is inscribed in such algorithms, what are the consequences of their execution and what is the agency left for the living …


‘I Have Never Mattered Less In This World Than During My Children’S Adoption’: A Socio-Legal Study Of Birth Mothers’ Experiences Of Adoption Law, Lisa Deblasio Jan 2018

‘I Have Never Mattered Less In This World Than During My Children’S Adoption’: A Socio-Legal Study Of Birth Mothers’ Experiences Of Adoption Law, Lisa Deblasio

Other Faculty of Arts, Humanities and Business Theses

This thesis explores the experiences that birth mothers face in adoption proceedings within a socio-legal context. With analysis of data from interviews with 32 birth mothers synthesised with the relevant provisions of the Adoption and Children Act 2002, it is argued that ingrained unfairness and a lack of accountability exists in the legal and administrative system where birth mothers’ rights are concerned. The requirement for fairness in adoption practice is an underlying principle of jurisprudence from the European Court of Human Rights, with emphasis on the right to family life under Article 8 of the Convention. Analysis extends to the …


From The 'Death Of A Female Unknown' To The Life Of Margaret Dockerty: Rediscovering A Nineteenth Century Victim Of Crime, Clare Sandford-Couch, Helen Rutherford Jan 2018

From The 'Death Of A Female Unknown' To The Life Of Margaret Dockerty: Rediscovering A Nineteenth Century Victim Of Crime, Clare Sandford-Couch, Helen Rutherford

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

On 1 January 1863, a woman was brutally raped and beaten to death in Newcastle upon Tyne. Her murderer was to be tried, convicted, and finally executed for murder. However, he is not the subject of this piece. Historically, the study of the criminal law has focused too heavily on the perpetrators of crimes. This article attempts to establish the victim, Margaret Dockerty, as an individual and to offer some social, cultural, economic and historical context for, and background to, her life.


Female Murderers And The Representation Of Crime In Execution Broadsheets In Eighteenth Century Vienna, Daniela Fasching, Claudia Resch Jan 2018

Female Murderers And The Representation Of Crime In Execution Broadsheets In Eighteenth Century Vienna, Daniela Fasching, Claudia Resch

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

While crime broadsides were a prominent part of eighteenth and nineteenth century print culture in countries such as Great Britain and France, scholars working on crime in early modern Austria have relatively few sources to work from in comparison. However, researchers have recently discovered 180 execution broadsides in the archives of the Austrian National Library and the Vienna City Library. This paper discusses the digitisation, annotation, and forthcoming online publication of these sources by the Austrian Centre for Digital Humanities (ACDH).


Incarcerating The Poor: Interpreting Poverty And Punishment In British Prison Museums, Daniel Johnson Jan 2018

Incarcerating The Poor: Interpreting Poverty And Punishment In British Prison Museums, Daniel Johnson

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

This article will seek to understand how and why many prisoners interpreted in prison museums come from lower class backgrounds, and pose questions about how these interpretations contribute to or counter stereotypes about crime and poverty in Victorian England. The article will analyse the Victorian Prison at Lincoln Castle and the York Castle Museum because both sites present the history of punishment without any substantial collections on display, thus utilising creative techniques to present their histories to their visitors. The York Castle Museum presents the history of punishment at the site from 1706 to 1829, while the Victorian Prison at …