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2019

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Articles 4921 - 4932 of 4932

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Detecting And Preventing Insurance Fraud: State Of The Nation In Review, Johnny C. Parker Jan 2019

Detecting And Preventing Insurance Fraud: State Of The Nation In Review, Johnny C. Parker

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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Racism As Self-Love, Grant J. Silva Jan 2019

Racism As Self-Love, Grant J. Silva

Philosophy Faculty Research and Publications

In the United States today, much interpersonal racism is driven by corrupt forms of self-preservation. Drawing from Jean-Jacques Rousseau, I refer to this as self-love racism. The byproduct of socially-induced racial anxieties and perceived threats to one’s physical or social wellbeing, self-love racism is the protective at­tachment to the racialized dimensions of one’s social status, wealth, privilege, and/or identity. Examples include police officer related shootings of unarmed Black Americans, anti-immigrant sentiment, and the resurgence of unabashed white supremacy. This form of racism is defined less by the introduction of racism into the world and more on the perpetuation of racially …

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Religious F Aith In The Unjust Meantime: The Spiritual Violence Of Clergy Sexual Abuse, Theresa W. Tobin Jan 2019

Religious F Aith In The Unjust Meantime: The Spiritual Violence Of Clergy Sexual Abuse, Theresa W. Tobin

Philosophy Faculty Research and Publications

Clergy sexual abuse is both sexual and psychological violence, but it is also a paradigmatic case of spiritual violence that rises to the level of religious trauma. In this paper I argue that the spiritual violence of clergy sexual abuse diminishes, and in some cases may even destroy, a survivor’s capacities for religious faith or other forms of spiritual engagement. I use and illustrate the value of feminist methodology, as developed and advanced by Alison Jaggar, for generating and pursuing philosophical questions about religious experience. Feminist methodology’s sensitivity to theorizing situated subjects who stand to each other in relations of …

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Self-Control And Moral Security, Jeanette Kennett, Jessica Wolfendale Jan 2019

Self-Control And Moral Security, Jeanette Kennett, Jessica Wolfendale

Philosophy Faculty Research and Publications

Self-control is integral to successful human agency. But the capacity for self-control requires external support. This paper explores the connections between social conditions, self-control, agency, and the self. Part one offers a taxonomy of self-control. Part two examines the external conditions that support successful agency and self-control, and argues that moral security is a critical foundation for agency. Moral security refers to the degree to which an agent believes that her welfare and her projects are valued by others and by her society. Parts three and four explore how narratives about racism and poverty undermine moral security, and limit and …

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Harnessing Virtual Reality To Prevent Prosecutorial Misconduct, Kate Bloch Jan 2019

Harnessing Virtual Reality To Prevent Prosecutorial Misconduct, Kate Bloch

Faculty Scholarship

No abstract provided.

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Balanced Liberty: Justice Kennedy's Work In Criminal Cases, Rory K. Little Jan 2019

Balanced Liberty: Justice Kennedy's Work In Criminal Cases, Rory K. Little

Faculty Scholarship

No abstract provided.

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The Law Against Family Separation, Carrie F. Cordero, Heidi Li Feldman, Chimene Keitner Jan 2019

The Law Against Family Separation, Carrie F. Cordero, Heidi Li Feldman, Chimene Keitner

Faculty Scholarship

Most commentators assume that, except for the few restrictions expressly mentioned in the U.S. Constitution, the President's pardon power is unlimited. This Paper suggests that this common view is mistaken in at least one unexpected way. Presidential pardons must satisfy a modest procedural rule: they must list the specific crimes covered by the pardon. The "specificity requirement" means that vague and broadly worded pardons are invalid. This claim bears a significant burden of persuasion, since it runs so counter to accepted opinion. Nonetheless, that burden can be met. This Paper's argument rests on an originalist understanding of the constitutional text, …

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Evidence On Fire, Jennifer D. Oliva, Valena E. Beety Jan 2019

Evidence On Fire, Jennifer D. Oliva, Valena E. Beety

Faculty Scholarship

Fire science, a field largely developed by lay “arson investigators,” police officers, or similar first responders untrained in chemistry and physics, has been historically dominated by unreliable methodology, demonstrably false conclusions, and concomitant miscarriages of justice. Fire investigators are neither subject to proficiency testing nor required to obtain more than a high school education. Perhaps surprisingly, courts have largely spared many of the now- debunked tenets of fire investigation any serious scientific scrutiny in criminal arson cases. This Article contrasts the courts’ ongoing lax admissibility of unreliable fire-science evidence in criminal cases with their strict exclusion of the same flimsy …

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Regulating Bite Mark Evidence: Lesbian Vampires And Other Myths Of Forensic Odontology, Jennifer D. Oliva, Valena E. Beety Jan 2019

Regulating Bite Mark Evidence: Lesbian Vampires And Other Myths Of Forensic Odontology, Jennifer D. Oliva, Valena E. Beety

Faculty Scholarship

e third piece in a trilogy that examines and evaluates the standards that American co e proffered by prosecutors in criminal trials. The first two articles in the trilogy expose the criminal courts’ on-going practice of admitting false forensic evidence that is virtually always excluded in civil cases. They also advance a panoply of procedural and evidentiary solutions aimed at reforming this legally unviable discrepancy. Those solutions are court-centric insofar as they advocate for, among other things, open and early criminal discovery, pre-trial Daubert hearings to challenge evidence and experts, and court-appointment of qualified forensic science experts. This Article takes …

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A Role For Jamaica Libraries In Conflict Resolution, Cherry-Ann M. Smart, Noel M. Cowell Dr Jan 2019

A Role For Jamaica Libraries In Conflict Resolution, Cherry-Ann M. Smart, Noel M. Cowell Dr

Library Philosophy and Practice (e-journal)

In Jamaica, violence is an all too common approach to the settlement of disputes. Scholars and informed observers have pointed to the genesis of this practice in a history of violence, oppression and inequity rooted in slavery and the colonial system. Policy-makers and crime fighting strategists have advanced a range of recommendations for its abatement. The intervention of civic institutions, such as schools and churches, is acknowledged as beneficial for informing, training and healing persons afflicted by violence, particularly within inner city communities. The library as a central civic organization to provide social and cultural good for peace education and …

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Freedom And Prison: Putting Structuralism Back Into Structural Inequality, Anders Walker Jan 2019

Freedom And Prison: Putting Structuralism Back Into Structural Inequality, Anders Walker

All Faculty Scholarship

Critics of structural racism frequently miss structuralism as a field of historical inquiry. This essay reviews the rise of structuralism as a mode of historical analysis and applies it to the mass incarceration debate in the United States, arguing that it enriches the work of prevailing scholars in the field.

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Eradicating The Label “Offender” From The Lexicon Of Restorative Practices And Criminal Justice, Lynn S. Branham Jan 2019

Eradicating The Label “Offender” From The Lexicon Of Restorative Practices And Criminal Justice, Lynn S. Branham

All Faculty Scholarship

This Essay enumerates three reasons for abandoning the prevailing practice of utilizing the label “offender” when referring to a person who has committed a crime. The Essay next identifies and debunks reasons that have been cited for persisting in referring to a person as an “offender.” The Essay then explores the question of what term or terms could supplant this label and profiles signs of emerging support for desisting from the convention of calling people “offenders.” One of the themes that permeates this Essay is that the language we use when referring to people can thwart systemic and cultural change …

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