Law Commons^™

The Fiscal Impact Of Marsy's Law: A Financial Analysis Of Victims' Rights Policy In Nevada, Elia Del Carmen Solano-Patricio

Undergraduate Research Symposium Lightning Talks

Since 2008, the "Marsy's Law" campaign has sought to embed in state constitutions a specific and lengthy set of victims' rights. In 2018, voters ratified "Question 1" in Nevada which broaded the definition of the term victim to any person directly and 'proximately' harmed by a criminal offense. As a result, Marsy's Law opens the door to the interpretation of the word "crime" and the word "victim."

An Examination Of Differences In Race, Gender, And Age In Processing And Outcomes Within The U.S. Criminal Justice System, Teliyah Cobb

Electronic Theses and Dissertations

Demographic factors can influence criminal justice system outcomes. We examine legal system processing in 12 U.S. states from 1976-1991. Variables included: 1) race, age, and gender; 2) violent, sexual, and drug- and alcohol-related charges; 3) level of charge; 4) charges at arrest, trial, and final disposition; 5) time-lengths between each stage; 6) dismissal, plea bargaining, and conviction; and 7) final sentencing length. Significant differences in arrest, prosecution, plea bargaining, charge severity, and final sanctioning were observed dependent on race, gender, age, and the intersectionality of these characteristics. Implications for research policy to reduce the impact of disparities are discussed.

Factors, Scott Rempell

Buffalo Law Review

No abstract provided.

Rules Vs. Standards In Private Ordering, Tomer S. Stein

Buffalo Law Review

The tradeoff between bright-line rules and general standards is one of the bedrocks of law design. This tradeoff determines how legal norms are composed. The tradeoff between rules and standards pervasively affects private ordering as well: it determines how contractual norms are composed. Yet, scholars exploring the rule vs. standard dichotomy have either entirely overlooked the tradeoff taking place in private orderings or equated it with the public tradeoff that dominates lawmaking.

This Article is the first to systematically examine the rule vs. standard tradeoff in private orderings. The Article carries out this task by identifying and analyzing the fundamental …

Exploring Perceptions Of Control Within Offender Cognition And Recidivism Paradigms, Anistasha H. Lightning, Danielle Polage

Student Published Works

Elements of perceived control are associated with recidivism in offender populations. We investigated the application of locus of control to the frequency of personal involvement with the law and to beliefs surrounding the likelihood of future contact with the legal system. We hypothesized that, as the number of sentencings or legal experiences increased, locus of control would externalize. We also predicted that increased legal involvement would lead to greater belief in the likelihood of future involvement. A statistically significant path model suggests that locus of control appears to be a predictor of increased criminality, as opposed to the other way …

Negligence And Culpability: Reflections On Alexander And Ferzan, Mitchell N. Berman

All Faculty Scholarship

Philosophers of criminal punishment disagree about whether infliction of punishment for negligence can be morally justified. One contending view holds that it cannot be because punishment requires culpability and culpability requires, at a minimum, advertence to the facts that make one’s conduct wrongful. Larry Alexander and Kim Ferzan are prominent champions of this position. This essay challenges that view and their arguments for it. Invoking a conceptual distinction between an agent’s being blameworthy for an act and their deserving punishment (or suffering) for that act, it explains that an agent can be blameworthy for negligent conduct, and thus liable to …

The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram

Philosophy: Faculty Publications and Other Works

Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …

The Effects Of True Crime Media Consumption On Jurors’ Criminal Justice Orientations, Kendall Miller

Masters Theses & Specialist Projects

This study sought to determine the relationship between True Crime Media (TCM) or pretrial publicity (PTP) consumption and jurors' criminal justice orientations. This study also looked at dispositional empathy, right-wing authoritarianism, the need for affect, and the need for cognition as potential moderators. It was hypothesized that the more TCM and PTP consumed, the more participants will lean toward crime control ideologies. It was also hypothesized that the more TCM and PTP consumed, the higher participants would score on right-wing authoritarian viewpoints, on dispositional empathy, and on need for cognition. Participants were presented with a screening question of, "Do you …

Review Of The Little Book Of Police Youth Dialogue: A Restorative Path Toward Justice, Robert Brenneman

The Journal of Social Encounters

No abstract provided.

Masthead 2022, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Letter From The Editor 2022, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Volume I | Issue Iv | 2022, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Triple (Identity) Threat: Multi-Layered National Identity Appeals In Republican Political Narratives During The 2016 And 2020 Presidential Elections, Brita Mackey

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

National identity, as a broadly constituted social identity category, has been shown to hold power both as a source of political mobilization and as an enforcer of democratic stability. In recent years, Republican voters have reported stronger national attachments than Democrats, perhaps due to national identity’s longstanding implicit associations with white racial identity – and the rising prominence of multiculturalist and globalist ideologies in recent decades. In light of such findings, I propose that the rhetoric of Republican political elites may function to further exacerbate a stronger sense of national identity among their base by appealing to conjoined national and …

Econometric Analysis Of The Relationship Between Domestic Economic Growth And Levels Of Inflow Of Remittances In Developing Countries, Mihail Naskovski

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

The international global migration has produced an exponential growth of remittances, which can be defined as the transfer of funds from one country to another. This study will inspect the macroeconomic impact of remittance inflow on economic growth using panel regression, covering the period from 1981 to 2020 and focusing on a sample of 152 countries, then filtered by 4 geographical regions for additional analysis. Like many studies before, a consensus about an overall effect of the flows on global level could not be reached from his study following the analysis of the general sample. However, on a more specific …

Identifying Potential Pork-Barrel Legislation Using Machine Learning: A Preliminary Analysis, Sunil Green

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

Pork-barrel legislation has been criticized by some as an excessive and potentially corrupt use of Congressional appropriations. The task of finding the specific parts of legislation that have been “pork-barreled”, however, requires many hours of labor by policy researchers. Using data from government watchdogs and machine learning algorithms, the research explores the idea of creating a model to flag specific line items of appropriations bills for policy researchers to further explore as potential pork-barrel legislation. The model constructed uses data from the Earmark Database by Taxpayers for Common Sense, and the Congressional Pig Book by Citizens Against Government Waste to …

Conservatism, Collaboration, And Capacity: Political Explanations For Canada’S Shift In Immigrant Admissions Logic, Jaidyn Appel

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

Canada is often regarded as the United States’ friendlier neighbor to the north, but how welcoming is it really? A critical analysis of immigration and citizenship policy throughout Canadian history reveals that Canada may not be the inclusive member of the world community it is often conceptualized as. This paper examines some of the recent key changes in Canadian immigration policy and their broader contexts, while benchmarking the policies against two leading scholars' thoughts on how the relative presence of certain political ideologies in a country drives its immigration policies to the left or right of the political spectrum. As …

Studying The Economic Impact Of The Demonetization Across Indian Districts, Arnav Joshi

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

This thesis studies the economic impact of the Indian demonetization which was a unique monetary event that made 86.9 percent of the total currency in circulation illegal tender overnight. The decision to demonetize high-value currency notes was taken by the Indian government on November 8th, 2016, leading to a severe shortage of cash. This thesis tries to analyze how the impact of the demonetization differed across districts in India and how the characteristics of those districts pertaining to education, electricity and tap water access, employment, and technology access can help explain these differences. The thesis uses satellite data on human-generated …

Bias In The Jury Box: The Sociological Determinants Of Jury Selection For Capital Cases In North Carolina, Alessandra Quattrocchi

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

An evaluation of four Wake County capital cases from 2014-2018 reveals the disparate effects that the jury selection process had on Black and female potential jurors and especially on Black female potential jurors. The requirement that capital jurors be willing and able to sentence death systematically excluded Blacks and females, with Black females excused for this reason at a rate over three times higher than White males. Black potential jurors not struck for death qualification were disproportionately excluded by prosecutorial peremptory strikes at a rate nearly two times greater than Whites. Final analyses conclude that Black females had significantly lower …

Early Childhood Intervention And Income Inequality: An Analysis On The Intergenerational Mobility Of Head Start Participants, Paul Hinton

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

The Head Start program is an early childhood intervention program funded by the federal government. Designed for low-income families, it promotes school readiness among its participants. In my research, I examine the effects of Head Start on the intergenerational mobility of its participants. Using data from the National Longitudinal Survey of Youth (NLSY79) and the NLSY Child and Young Adult Supplement (CNLSY), I measure the degree of earnings persistence between parents and their children for students in preschool and Head Start. I find that participation in Head Start is associated with an increase in mobility, which remains true after controlling …

“Pure People” And “Corrupt Elites:” Corruption Talk In The 2020 Election, Milan Loewer

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

The word “corruption” has two separate but interrelated meanings. The first kind of corruption refers specifically to an abuse of public office for private gain; the second is broader and indicates a disjunction between a political reality and the ideal to which that reality ought to conform. This paper explores the role of various forms of “corruption talk” in the 2020 presidential election. The first part of the paper examines the “supply side,” looking at the kinds of “corruption narratives” that politicians offered in 2020. Using natural language processing, I analyze how Joe Biden, Donald Trump, and Bernie Sanders spoke …

The Religious Seculars: How Does Yom Kippur Impact Electoral Turnout?, Gall Sigler

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

Does Yom Kippur impact electoral turnout in religious and secular Jewish communities in Israel? By collecting data on electoral behavior in elections to local councils from 1983 to 2018 in Jewish-secular, Jewish-religious and non-Jewish municipalities, this research attempts to elucidate the relationship between the communal Yom Kippur experience and electoral turnout. This research finds that the Yom Kippur experience appears to decrease turnout in secular municipalities, while no statistically significant impact was observed in religious municipalities. Research on the psychological significance of novelty and religious events, as well as ethnographic analysis of Israel, suggests that the Yom Kippur experience undermines …

A Day Late And A Dollar Short: Examining Perceptions Of Which Exonerees Deserve Compensation, Alexandra Pauline Olson

Dissertations and Theses

Many exonerees do not receive compensation from the state after they are found innocent and released because most states have exclusionary laws that bar exonerees from receiving compensation. This thesis examined public perceptions of exclusionary laws and addressed the broader question of who deserves compensation (according to community members). Online participants (n = 225) read an article about a fictional exoneree who either pleaded guilty or was convicted by a jury trial and who received a subsequent conviction or did not receive a subsequent conviction. An exoneree with a subsequent conviction was perceived as less deserving of financial compensation, …

Mass Violence, Environmental Harm, And The Limits Of Transitional Justice, Rachel Killean, Lauren Dempster

Genocide Studies and Prevention: An International Journal

The relationship between the environment and mass violence is complex and multi-faceted. The effects of environmental degradation can destabilize societies and cause conflict. Attacks on the environment can harm targeted groups, and both mass violence and subsequent transitions can have harmful environmental legacies. Given this backdrop, it is notable that the field of transitional justice has paid relatively little attention to the intersections between mass violence and environmental degradation. This article interrogates this inattention and explores the limitations and possibilities of transitional justice as a means of addressing the environmental harms associated with mass violence. The article makes four key …

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home’s …

Regulating Harm: Tensions Between Data Privacy And Data Transparency, Kaitlyn Filip, Kat Albrecht

CJC Publications

In an era of massive digital data growth, data storage and dissemination has posed complex new problems for privacy regulations across agencies and institutions on a global scale. Laws about data privacy vary substantially by country, by state, and by industry. In formulating these policies, there exists a fundamental tension between a desire for data privacy and one for data transparency. This tension becomes particularly acute as new digital tools and access technologies have made these records more accessible and connectable than ever before. This tension is borne out in the enactment of law. Three states – California, Colorado, and …

Reply To Response By Fbi Laboratory Filed In Illinois V. Winfield And Affidavit By Biederman Et Al. (2022) Filed In Us V. Kaevon Sutton (2018 Cf1 009709), Susan Vanderplas, Kori Khan, Heike Hofmann, Alicia Carriquiry

Department of Statistics: Faculty Publications

1 Preliminaries

1.1 Scope

The aim of this document is to respond to issues raised in Federal Bureau of Investigation¹ and Alex Biedermann, Bruce Budowle & Christophe Champod.²

1.2 Conflict of Interest

We are statisticians employed at public institutions of higher education (Iowa State University and University of Nebraska, Lincoln) and have not been paid for our time or expertise when preparing either this response or the original affidavit.³ We provide this information as a public service and as scientists and researchers in this area.

1.3 Organization

The rest of the document precedes as follows: we begin …

The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix

Theses and Dissertations

The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that postcolonial historiography …

The Politics Of The Self: Psychedelic Assemblages, Psilocybin, And Subjectivity In The Anthropocene, Joshua Falcon

FIU Electronic Theses and Dissertations

This dissertation examines how psychedelic substances become drawn into particular sociohistorical and political arrangements, and how psychedelic experiences with psilocybin ‘magic mushrooms’ are used as tools of subjectivation. Guided by literatures in philosophy, critical theory, and the social sciences that focus on subjectivity, assemblage theory, and critical posthumanism, I argue that psychedelics are drawn into variegated assemblages, each of which conceptualizes the nature of psychedelics in highly specific ways that reflect implicit conceptions of the world and the self. In developing the concept of psychedelic assemblages, this research provides a window onto the politics of the self in the Anthropocene. …

Sex Offender Legislation Ex Post Facto: The History And Constitutionality Of Michigan's Sex Offenders Registration Act, Alexander W. Furtaw

Journal of Legislation

Is Michigan’s Sex Offenders Registration Act (“MSORA”) constitutional? Until 2016, courts routinely said yes. In 2016, the Sixth Circuit in Does #1–5 v. Snyder held that the statute was an unconstitutional ex post facto law. In 2021, the Michigan Supreme Court echoed the Sixth Circuit’s holding in People v. Betts. In response, the Michigan legislature passed Public Law 295 of 2020 to amend MSORA, and courts treat the amended act as a “new” statute. Critical analysis of the amended statute’s legality is difficult because the state legislature has seemingly ignored constitutional issues with statutory proposals until after the fact, and …

Nudging Users Towards Data Privacy, Ossama Hanafy

Theses and Dissertations

The internet challenges users' privacy in unpreceded ways. Technology companies collect massive amounts of data from online users. They use algorithms that can track and analyze each activity by each user. Even though many users worry about their online privacy, they keep revealing more personal data. This study explores the causes behind online privacy erosion. While tech companies and governments aim to achieve economic and political goals, users are motivated by social motives. Online Privacy erosion leads to many harms to individuals and societies while collecting, processing, and disseminating data. Moreover, this study argues that the current legal approaches, especially …