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Full-Text Articles in Law

Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker Oct 2019

Law Versus Action: How Five Cape Town Organizations Are Combating High Rates Of Sexual Assault And The Failure Of Progressive Sexual Offences Legislation, Anna Tinker

Independent Study Project (ISP) Collection

This Independent Study Project (ISP) seeks to understand the work various Cape Town organizations are doing to help survivors of sexual assault gain access to justice. Previous research finds that social norms defining masculinity as well as rape myths and stereotypes lead to the high levels of gender-based violence (GBV) in South Africa. This research led to my hypothesis that organizations fighting GBV would target these norms to help survivors access the justice system that so frequently ignores them. Eight organizations were contacted requesting an interview to discuss their work and two agreed to participate. Participants were asked to discuss …

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Aggrieved Entitlement In The Ivory Tower: Exploratory Qualitative Results From A Large-Scale Campus Climate Survey, Walter S. Dekeseredy, Kathryn Burnham, Robert Nicewarner, James Nolan, Amanda K. Hall-Sanchez Sep 2019

Aggrieved Entitlement In The Ivory Tower: Exploratory Qualitative Results From A Large-Scale Campus Climate Survey, Walter S. Dekeseredy, Kathryn Burnham, Robert Nicewarner, James Nolan, Amanda K. Hall-Sanchez

Qualitative Criminology (QC)

"A number of key risk factors are associated with racist, sexist, and homophobic practices on North American college campuses. However, one additional determinant that has thus far been overlooked is male aggrieved entitlement. Using exploratory qualitative data gleaned by the Campus Quality of Life Survey administered at a large college in the South Atlantic region of the United States, the main objective of this article is to help fill a major research gap by showing that aggrieved entitlement is a correlate that warrants more attention in future empirical and theoretical work on campus climates."

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It’S Dirty Work But Someone Has To Do It: An Examination Of Correctional Officer Taint Management Techniques, Scott Chenault, Brooke Collins Sep 2019

It’S Dirty Work But Someone Has To Do It: An Examination Of Correctional Officer Taint Management Techniques, Scott Chenault, Brooke Collins

Qualitative Criminology (QC)

"Since the 1950s scholars have applied the term dirty work to occupations that society views as demoralizing or disgusting. Occupations are labeled as dirty when they require work which is physically, socially and/or morally tainted. Correctional officers experience pervasive levels of all three types of taint while working in a low prestige occupation. This article relies on ethnographic data to examine how occupational stigma management techniques are taught to new officers and what techniques are most prominent. The findings indicate that new officers are taught occupational ideologies regarding stigma management primarily through sense-making and storytelling. We find that officers manage …

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Ethically Representing Drug Use: Photographs And Ethnographic Research With People Who Use Methamphetamine, Heith Copes, Whitney Tchoula, Jared Ragland Sep 2019

Ethically Representing Drug Use: Photographs And Ethnographic Research With People Who Use Methamphetamine, Heith Copes, Whitney Tchoula, Jared Ragland

Qualitative Criminology (QC)

"The use of photographs in criminological research can be an important tool for both collecting data and illustrating findings. When used in published research, photographs can aid in viewers connecting with the subject matter and the participants. However, photographs can also reify and reinforce cultural stereotypes. We believe that the potential damage done by including photographs can be mitigated when the photographs are properly contextualized. Our aim here is to argue for the value of contextualized photographs in research with those who engage in crime or deviance. We illustrate how by including the stories of participants and ourselves we can …

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An Analytical History Of Black Female Lynchings In The United States, 1838-1969, David V. Baker, Gilbert Garcia Sep 2019

An Analytical History Of Black Female Lynchings In The United States, 1838-1969, David V. Baker, Gilbert Garcia

Qualitative Criminology (QC)

"Narratives on the lynching of black females in the United States have rarely commanded much more than minor postscripts in the lynching scholarship, thus leaving the historical picture of lynching violence incomplete and distorted. To correct for this unfinished portrait of American lynchings, the present work provides a contextual history on black females victimized largely by white male terrorists. To distinguish black female lynchings and bring into sharper focus the wretched horror suffered by black women and young black girls, this work constructs an inventory of 188 confirmed cases of black females lynched mostly by white mobsters from 1838 to …

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“I Did What I Believe Is Right”: A Study Of Neutralizations Among Anonymous Operation Participants, Kimberly A. Detardo-Bora, Erica N. Clark, Bill Gardner Sep 2019

“I Did What I Believe Is Right”: A Study Of Neutralizations Among Anonymous Operation Participants, Kimberly A. Detardo-Bora, Erica N. Clark, Bill Gardner

Qualitative Criminology (QC)

"Our knowledge of online activists or hacktivists is growing, but it is still far from complete. The reasons why some of these individuals violate computer laws or how they justify their behavior remains elusive, yet one particular framework that lends itself to understanding a hacker or hacktivist’s belief system is Sykes and Matza’s (1957) neutralization theory. The present study involved a content analysis of publicly available commentary found online and made by participants in Anonymous operations against United States targets from 2008-2013. Over 13,000 words were analyzed, and of the 384 passages of text and phrases, roughly 62% of passages …

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#Jesuisparis?: An Appeal To Hypocrisy And Justifications For Mass Casualty Violence, Karyn Sporer, Michael K. Logan, Gina S. Ligon, Doug C. Derrick Sep 2019

#Jesuisparis?: An Appeal To Hypocrisy And Justifications For Mass Casualty Violence, Karyn Sporer, Michael K. Logan, Gina S. Ligon, Doug C. Derrick

Qualitative Criminology (QC)

We draw from Sykes and Matza’s techniques of neutralization theory to interpret how Islamic State and the Levant (ISIL) soft-sympathizers justify violence perpetrated by ISIL. Data come from Tweets associated with ISIL-affiliated accounts that occurred within 24 hours of three high-profile ISIL-attributed attacks: Paris, Nice, and Orlando. Our findings suggest that condemnation of the condemners was a particularly salient neutralization technique used to point out the perverse motives and inconsistent behaviors of Western armed forces, media, and the public. More specifically, we found that the condemnation of the condemners was underlined by three specific claims: (1) comparable violence, (2) …

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The Cost Of The Culturati: Studying The Neighborhood Stability Impact Of Cultural District Designations, Prakash Mishra Sep 2019

The Cost Of The Culturati: Studying The Neighborhood Stability Impact Of Cultural District Designations, Prakash Mishra

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

The decision to declare a district for a specific cause is a critical policy decision; making an area an official office park or designated cultural site means it will attract specific types of residents and businesses and require specific amenities. This paper reviews the impact of designating a cultural district as a place-based policy, specifically by developing a measure of neighborhood stability and applying a stress test of neighborhood stability in cultural districts during the Great Recession. The model underpining the neighborhood stability measure is an optimal stopping time model which frames neighborhood rents as a Brownian motion with drift. …

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Volume I | Issue Ii | 2019.Pdf, Dujpew Editorial Board Sep 2019

Volume I | Issue Ii | 2019.Pdf, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

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Masthead 2019, Dujpew Editorial Board Sep 2019

Masthead 2019, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

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Letter From The Editor 2019, Dujpew Editorial Board Sep 2019

Letter From The Editor 2019, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

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Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke Sep 2019

Law And Society: The Criminalization Of Latinx In The United States, Gabriela Groenke

Dissertations, Theses, and Capstone Projects

The United States leads the world in incarceration with just over 2.2 million people in state or federal prisons or local jails in 2014 (Bureau of Justice Statistics 2016). Although the number of incarcerated individuals has declined by about .5 percent since its peak in 2008 (Bureau of Justice Statistics 2016), the fact remains that mass incarceration is an epidemic in the United States. Over the last decade much has been written about the effects of mass incarceration on people of color, with many analysts pointing to the fear of crime as contributing to the formulation of current policies, which …

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The Role Of Eyewitness Confidence And Prosecution/Defense Presentation In How Facial Composites Shape Juror Decision-Making, Rebecca E. Singh Aug 2019

The Role Of Eyewitness Confidence And Prosecution/Defense Presentation In How Facial Composites Shape Juror Decision-Making, Rebecca E. Singh

Student Theses

Eyewitness testimony has been found to be an unreliable form of evidence (Loftus, Miller & Burns, 1978; Oswald & Coleman, 2007; Wells & Hasel, 2007; Loftus & Greenspan, 2017; Jaross, 2018; Wade, Nash, & Lindsay, 2018; Wixted, Mickes, & Fisher, 2018). Yet, this evidence is still used in the courts today, and, in fact, is perceived by jurors as important and compelling in comparison to other case factors (e.g., character evidence, physical evidence; Topp-Manriquez, McQuiston, & Malpass, 2014; Kabzińska, 2015). Additionally, eyewitnesses are sometimes requested to help create a facial composite of the suspect and, critically, these composites are then …

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Mental Health Jail Diversion: A Therapeutic Approach To Offending In Twenty-First Century America, Ryan J. Parent Aug 2019

Mental Health Jail Diversion: A Therapeutic Approach To Offending In Twenty-First Century America, Ryan J. Parent

Criminology Student Work

This analysis is concerned with understanding the facets of criminal justice diversion programs that successfully improve the mental wellbeing of participants and, as a subsequent effect, reduce offending amongst the mentally ill populous in the United States. An inquiry of pre-program and post-program data from both adult and juvenile mental health specific programs reveals that participation amongst both groups shows a meaningful reduction in new/repeat offending in comparison to non-participants. The data shows that the expansion of law enforcement Crisis Intervention Team’s (CIT’s) has a compounding effect to the positive results. A review of these programs in Australia indicates that …

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Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans Aug 2019

Conversation With Jody Raphael About "Decriminalization Of Prostitution: The Soros Effect", Heather Brunskell-Evans

Dignity: A Journal of Analysis of Exploitation and Violence

George Soros and Open Society Foundation are supporting the decriminalization of prostitution by funding organizations around the world to advocate for this legal change. Heather Brunskell-Evans (FiLiA podcasts, London) interviews Jody Raphael, Senior Research Fellow, Schiller DuCanto & Fleck Law Center, DePaul University College of Law, Chicago, Illinois, USA, about her research on this topic and discusses her article "Decriminalization of Prostitution: The Soros Effect."

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Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes Aug 2019

Does The Decriminalization Of Prostitution Reduce Rape And Sexually Transmitted Disease? A Review Of Cunningham And Shah Findings, Lily Lachapelle, Clare Schneider, Melanie Shapiro, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

In 2013, research findings by Cunningham and Shah claimed that rape and sexually transmitted diseases were reduced by decriminalized prostitution in Rhode Island. The original unpublished claims have received wide media coverage which have gone unexamined. This review finds errors in their analyses. One error is the date when prostitution was decriminalized in Rhode Island. Cunningham and Shah claim that prostitution was decriminalized in 2003. Our analysis finds the date of decriminalization of prostitution was 1980. The change in the start date of decriminalization significantly alters the analysis and the findings. Another error results from Cunningham and Shah using an …

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Anger From Within: The Role Of Emotions In Disengagement From Violent Extremism, Pete Simi, Steven Windisch, Daniel Harris, Gina Ligon Jul 2019

Anger From Within: The Role Of Emotions In Disengagement From Violent Extremism, Pete Simi, Steven Windisch, Daniel Harris, Gina Ligon

Qualitative Criminology (QC)

"There is growing recognition about the similarities between generic criminality and violent extremism. Using data derived from a unique set of in-depth life history interviews with 40 former U.S. white supremacists, as well as previous studies of criminal desistance, we examine the emotional valence that characterizes actors' descriptions of the disengagement process. More specifically, results suggest that negative emotions (i.e., anger and frustration) directed toward the extremist group and oneself function as a catalyst for disengagement. Negative emotions become a source of motivation in re-evaluating the relative importance of the group as it relates to the individual. Ultimately, the reevaluation …

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Definitions Favorable To Terrorism? Sssl And Radicalization: A Case Study Approach, Jennifer Varriale Carson, Patrick Andres James Jul 2019

Definitions Favorable To Terrorism? Sssl And Radicalization: A Case Study Approach, Jennifer Varriale Carson, Patrick Andres James

Qualitative Criminology (QC)

"Although social structure and social learning (SSSL) theory has oft been proposed as a general theory of crime, it has rarely been applied to that which qualifies as ideologically-motivated. We seek to rectify this notable gap in the research by examining the suitability of an SSSL framework to radicalization; an understudied, yet vital process to enacting evidence-based counterterrorism efforts. Utilizing a “most likely” case study approach, we find several themes consistent with SSSL principles, primarily within its social learning constructs. We conclude that SSSL does indeed offer promise for explaining all forms of crime including acts of terrorism."

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Introduction To The Special Issue On Terrorism, Thomas J. Holt Jul 2019

Introduction To The Special Issue On Terrorism, Thomas J. Holt

Qualitative Criminology (QC)

"As noted by several scholars, there has been a massive growth in research related to terror and extremism in the wake of the 9/11 attacks in the United States. Federal agencies have invested millions of dollars in funding to understand violent extremism, particularly through the use of quantitative assessments of behavior. As a result, there are several widely recognized databases of terror and extremist violence against targets in the US and abroad."

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The Emergence Of Violent Narratives In The Life-Course Trajectories Of Online Forum Participants, Philippa Levey, Martin Bouchard Jul 2019

The Emergence Of Violent Narratives In The Life-Course Trajectories Of Online Forum Participants, Philippa Levey, Martin Bouchard

Qualitative Criminology (QC)

"Online discussion forums have been identified as an online social milieu that may facilitate the radicalization process, or the development of violent narratives for a minority of participants, notably youth. Yet, very little is known on the nature of the conversations youth have online, the emotions they convey, and whether or how the sentiments expressed in online narratives may change over time. Using Life Course Theory (LCT) and General Strain Theory (GST) as theoretical guidance, this article seeks to address the development of negative emotions in an online context, specifically whether certain turning points (such as entry into adulthood) are …

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A Mixed Method Examination Of Law Enforcement Investigatory Strategies Used In Jihadi And Far-Right Foiled Terrorist Plots Before And After 9/11, Brent R. Klein, Jeff Gruenewald, Steven M. Chermak, Joshua D. Freilich Jul 2019

A Mixed Method Examination Of Law Enforcement Investigatory Strategies Used In Jihadi And Far-Right Foiled Terrorist Plots Before And After 9/11, Brent R. Klein, Jeff Gruenewald, Steven M. Chermak, Joshua D. Freilich

Qualitative Criminology (QC)

"Empirical research on the law enforcement strategies used to prevent terrorism has increased since the September 11, 2001 terrorist attacks. Yet, few studies have examined how these preventative approaches vary based on terrorists’ ideological affiliations and across time. This study thus explores the similarities and differences in law enforcement investigatory strategies used to thwart global jihadi and farright terrorist violence prior to and since the 9/11 terrorism events. Employing a convergent parallel mixed method research design, our study analyzes both quantitative and qualitative data on 86 terrorism enterprise investigations from the U.S. Extremist Crime Database (ECDB). The quantitative data analyses …

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Situational Context Of Police Use Of Deadly Force: A Comparison Of Black And White Subjects Of Fatal Police Shootings, Shana Lynn Meaney Ruess Jul 2019

Situational Context Of Police Use Of Deadly Force: A Comparison Of Black And White Subjects Of Fatal Police Shootings, Shana Lynn Meaney Ruess

Dissertations and Theses

Police use of deadly force is an understudied yet deeply important issue in our society. Recent years have seen a dramatic increase in public concern over use of deadly force, particularly when that force is used against people of color. Due to the relative low frequency of deadly force incidents, little is known about when such force is used, or who it is used on. Recent studies have found a racial disparity between white and black subjects of deadly force, with black subjects significantly over represented as a proportion of the population. This study further expands our understanding of police …

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What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray Jul 2019

What Fema Should Do After Puerto Rico: Toward Critical Administrative Constitutionalism, Yxta Maya Murray

Arkansas Law Review

The 200th anniversary of the 1819 Supreme Court decision McCulloch v. Maryland offers scholars a special opportunity to study the shortcomings of the federal The Robert T. Stafford Disaster Relief and Emergency Assistance Act, as they were revealed by FEMA’s failures in Puerto Rico during and after Hurricane Maria. Under Article I, Section 8 of the Constitution, as it has been interpreted by McCulloch, a law passed by Congress must be necessary and proper for executing its powers. In light of the expansive capacities allotted for disaster relief under the Stafford Act, and the catastrophic failure of FEMA to provide …

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Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz Jul 2019

Defying Mcculloch? Jackson’S Bank Veto Reconsidered, David S. Schwartz

Arkansas Law Review

On July 10, 1832, President Andrew Jackson issued the most famous and controversial veto in United States history. The bill in question was “to modify and continue” the 1816 “act to incorporate the subscribers to the Bank of the United States. This was to recharter of the Second Bank of the United States whose constitutionality was famously upheld in McCulloch v. Maryland. The bill was passed by Congress and presented to Jackson on July 4. Six days later, Jackson vetoed the bill. Jackson’s veto mortally wounded the Second Bank, which would forever close its doors four years later at the …

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Overruling Mcculloch?, Mark A. Graber Jul 2019

Overruling Mcculloch?, Mark A. Graber

Arkansas Law Review

Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism. …

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M'Culloch In Context, Mark R. Killenbeck Jul 2019

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …

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Mcculloch At 200, David S. Schwartz Jul 2019

Mcculloch At 200, David S. Schwartz

Arkansas Law Review

March 6, 2019 marked the 200th anniversary of the Supreme Court’s issuance of its decision in McCulloch v. Maryland, upholding the constitutionality of the Second Bank of the United States, the successor to Alexander Hamilton’s national bank. McCulloch v. Maryland involved a constitutional challenge by the Second Bank of the United States to a Maryland tax on the banknotes issued by the Bank’s Baltimore branch. The tax was probably designed to raise the Second Bank’s cost of issuing loans and thereby disadvantage it relative to Maryland’s own state-chartered banks. Marshall’s opinion famously rejected the Jeffersonian strict-constructionist argument that implied powers …

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Feminist Statutory Interpretation, Kim Brooks Jul 2019

Feminist Statutory Interpretation, Kim Brooks

Articles, Book Chapters, & Popular Press

Leading Canadian scholar Ruth Sullivan describes the act of statutory interpretation as a mix of art and archaeology. The collection, Feminist Judgments: Rewritten Tax Opinions, affirms her assessment. If the act of statutory interpretation requires us to deploy our interdisciplinary talents, at least somewhat unmoored from the constraints of formal expressions of legal doctrine, why haven’t feminists been more inclined to write about statutory interpretation? Put another way, some scholars acknowledge that judges “are subtly influenced by preconceptions, endemic privilegings and power hierarchies, and prevailing social norms and ‘conventional’ wisdom.” Those influences become the background for how judges read legislation. …

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The Water Tanker Mafia, Yousuf Sajjad Jun 2019

The Water Tanker Mafia, Yousuf Sajjad

MSJ Capstone Projects

This is a thesis about the Water Tanker Mafia in Karachi. The citizens of Pakistan’s largest city, Karachi suffer from an acute lack of water for drinking and domestic use. To cover for this lack of water, there is a network of tankers, run illegally but also with a large degree of connivance with parts of the state in Karachi, that provides water to the citizens of this city. This paper seeks to explain this network, its history, organization and the infrastructure in Karachi that it supports or in many cases, supersedes. This paper places the Karachi water tanker mafia …

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Cyberspace Is Becoming Unsafe For Women In Pakistan, Sara Tanveer Jun 2019

Cyberspace Is Becoming Unsafe For Women In Pakistan, Sara Tanveer

MSJ Capstone Projects

This study explores the challenges faced by students in Pakistan who become victim of cyber harassment. Due to the lack of awareness, people do not know about cyber-crime and do not know that it is the violation of human rights. The Human Rights Ministry has no sense of urgency to work on the issue. According to the Human Rights report 2018, since 2004, the Human Rights Commission of Pakistan has recorded more than 6,000 cases of sexual violence and 2,200 cases of domestic violence against the women. The violence is mostly connected with the online harassment in the form of …

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