Law Commons^™

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Parental Incarceration And Social Status Attainment Of Hispanic Young Adults, Igor Ryabov

Sociology Faculty Publications

The fact that parental incarceration has become a common event in the life course of many children is troubling. Using structural equation modeling, the present study investigates how immigrant generational status and family socioeconomic background interact with parental incarceration to influence status attainment for Hispanic young adults. Three indicators of status attainment in young adulthood are used as outcome variables—educational attainment, wage, and job quality. Results indicate that parental incarceration has a strong and negative influence on all three indicators of attained status. Most importantly, we found that parental incarceration mediates influence of immigrant generational status and family socioeconomic background …

The Torch (February 2019), Crtp

Torch: The Civil Rights Team Project Newsletter

Civic and Community Engagement | Civil Rights and Discrimination | Education | Gender and Sexuality | Inequality and Stratification | Politics and Social Change | Public Policy | Race and Ethnicity

Recommended Citation

Baldwin, Brandon and Civil Rights Team Project, "Torch (August 2013)" (2013). Torch: The Civil Rights Team Project Newsletter. 58. http://digitalcommons.usm.maine.edu/torch/58

The Profile Of The International Cyber Offender In The U.S., Lora I. Hadzhidimova, Brian K. Payne

International Journal of Cybersecurity Intelligence & Cybercrime

This study explores the characteristics of international cyber offenders prosecuted in the U.S. Our findings to a large extent correspond with general studies about cyber offenders with a few important exceptions. First, the average age of the offenders in our study is slightly higher than others that do not focus exclusively on international offenders. Second, while this research confirms that China is among the leading country in committing cybercrimes when it comes to committing particular types of cybercrimes, the offenders come from other countries as well such as Romania, Estonia, Ukraine, South Africa, and Nigeria. Third, our results show that …

Safe Streets, Inc. : The 'Hustle' To End Black Gang Violence In Philadelphia, 1969-1976, Menika Dirkson

Arlen Specter Center Research Fellowship

From 1962 to 1968, gang stabbings and murders in Philadelphia drastically increased, inspiring Philadelphia District Attorney Arlen Specter (from 1965-1973) to establish Safe Streets, Inc. in August 1969 as a non-profit, anti-gang program designed to reduce gang violence, end turf wars between rival gangs, and provide social services like job training and academic tutoring to juveniles. Since the program came into existence amidst the Civil Rights Movement (1954-1968), numerous cases of police brutality, and over 200 race riots in post-industrial cities, the yearly Law Enforcement Assistance Administration (LEAA) grant from the federal government offered to cities under the Omnibus Crime …

The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

This research discusses the challenges of establishing a collective memory for gay victims of the Nazi terror in World War II and examines the introduction of gay victimhood into the public sphere through memorialization efforts. While scholarly accounts on gays and the Holocaust emerged in the 1970s, little is known about the emergence and consolidation of a public narrative on gay persecutions under the Nazis. It raises important questions, including why a public voice for crimes against sexual minorities in World War II emerged only hesitantly? Drawing on historical gay memorialization processes in Germany, the author maps the obstacles for …

Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head

Dissertations, Theses, and Capstone Projects

Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute power …

The Post-9/11 Lgbtq Human Rights Struggle In Egypt, Donna K. Huaman

Dissertations, Theses, and Capstone Projects

Since the turn of the twenty-first century, the struggle for LGBTQ human rights has become a leading standard that depicts whether or not a state can be considered modern and progressive. Yet, while this new criterion seems to be supported by Global North states, other nations in other regions, like Egypt from the Middle East, North Africa (MENA) has criticized the international pressure to implement this standard as neo-imperialist and inauthentic to its Muslim-Arab culture. Egypt claims to be the universal Arab-Muslim voice for the MENA region and has become one of the greatest challengers to the international campaign for …

A Study Of Factors Influencing Hiring Decisions In The Context Of Ban The Box Policies, Ronald F. Day

Dissertations, Theses, and Capstone Projects

This dissertation investigates whether NYC employers adhered to Ban the Box by removing the question about criminal history from employment forms, by refraining from inquiring about an applicant’s criminal record during the interview process, and by complying with other aspects of the policy. The study also documents employer perspectives on Ban the Box and on the hiring of individuals with criminal convictions, and examines whether more individuals with a criminal record were hired after the policy was implemented.

Using a mixed-methods approach, surveys were administered to companies in the nonprofit and private sectors, and semi-structured interviews were conducted with a …

Analyzing Somali Piracy Prosecutions, Molly Parent

SURE (Stonehill Undergraduate Research Experience)

•From 2001-2010 the number of piracy incidents spiked. Somali piracy differs from other forms of piracy because it has a distinct modus operandi. Whereas most piracy is theft, Somali attacks focus primarily on capturing vessels and holding them for ransom. •The vessel attacks occur primarily in the high seas, outside the territorial jurisdiction of any one nation. Therefore, Somali piracy cases have been heard in various courts around the world. Many cases have been prosecuted in Kenya, Seychelles, the Netherlands, as well as many other countries around the world. •This analysis examines the nature of these prosecutions, and whether there …

Ua12/8 Annual Campus Safety & Security Report, Wku Police

WKU Administration Documents

This report is designed to provide students, potential students, parents, facility and staff with crime statistics and information on university services and crime prevention programs.

Youth’S Conceptualization Of Peace, Violence, And Bullying And The Strategies They Employ To Address The Violence And Bullying In Their Lives, Charles H. Goesel

Department of Conflict Resolution Studies Theses and Dissertations

This dissertation allowed the researcher to analyze 171 pieces of youth-created artwork and narratives by children aged six to nine who took part in the peace education, mentorship, and literacy program, READING PEACE PALS, implemented with an underserved population at a Boys and Girls Club in the U.S. Qualitative content analysis (Krippendorf, 1980; 2004) was used to analyze the artwork and narratives to gain insight into children’s conceptualization of peace, violence, and bullying and their strategies for addressing bullying and violence.

The findings uncovered the myriad of unique ways youth conceptualize and define peace and the strategies they employ to …

A Theory Of Poverty: Legal Immobility, Sara Sternberg Greene

Faculty Scholarship

The puzzle of why the cycle of poverty persists and upward class mobility is so difficult for the poor has long captivated scholars and the public alike. Yet with all of the attention that has been paid to poverty, the crucial role of the law, particularly state and local law, in perpetuating poverty is largely ignored. This Article offers a new theory of poverty, one that introduces the concept of legal immobility. Legal immobility considers the cumulative effects of state and local laws as a mechanism through which poverty is perpetuated and upward mobility is stunted. The Article provides an …

Police Surveillance Of Cell Phone Location Data: Supreme Court Versus Public Opinion, Emma W. Marshall, Jennifer L. Groscup, Eve Brank, Analay Perez, Lori A. Hoetger

Center on Children, Families, and the Law: Faculty Publications

The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. As technology evolves, courts must examine Fourth Amendment concerns implicated by the introduction of new and enhanced police surveillance techniques. Recent Supreme Court cases have demonstrated a trend towards reconsidering the mechanical application of traditional Fourth Amendment doctrine to define the scope of constitutional protections for modern technological devices and personal data. The current research examined whether public opinion regarding privacy rights in electronic communications is in accordance with these Supreme Court rulings. Results suggest that cell phone location data is perceived as more private …

Building Bridges: Examining Race And Privilege In Community Economic Development: Introductory Overview, Priya Baskaran, Renee Hatcher, Lynnise E. Pantin

Faculty Scholarship

The country has been in economic recovery since the Great Recession in 2007. Home prices have since stabilized after the mortgage and foreclosure crisis that followed the Recession. In late 2017, the federal government passed the Tax Cuts and Jobs Act, leading to a surge in corporate earnings. As of the time of this writing, major stock indicators are at all-time highs, and interest rates are low. But corporate indicators and interest rates do not paint the entire picture. Most of the economic recovery is in affluent, predominately white parts of the country, while distressed areas inhabited by people of …

Why We Need Police, Justin Mccrary, Deepak Premkumar

Faculty Scholarship

This chapter discusses the essential role that the police have in deterring and reducing crimes, particularly the most violent and costly ones to society, such as murder. We begin by providing a brief overview of deterrence theory before discussing the empirical evidence on the efficacy of police staffing and various policing strategies on crime reduction. Using a framework developed in Weisburd and Eck (2004), we quickly evaluate the model of standard policing and then mainly focus on evidence behind three current policing practices: hot spots, problem- oriented, and proactive. Finally, we use the empirical evidence of police staffing to provide …

Local Regulation Of Charitable Solicitation, Joseph Mead

Law Faculty Articles and Essays

Most discussions of the policy context for nonprofits in the United States focus on federal or state restrictions. Fundraising charities, however, must comply not only with myriad state requirements but an uncertain number of local requirements as well. Based on a survey of the largest cities in the United States, I find that all of these cities have some restrictions on charitable solicitation. Several of the cities also impose extensive registration requirements and other restrictions. These findings highlight the need for nonprofits to be aware of local regulation of their activities.

Understanding The Interaction In Mediation Caucuses: Negotiation Positions, Disputant Assessments, Bias And Neutrality, Angela Cora Garcia

Natural & Applied Sciences Faculty Publications

Previous research on how mediation helps disputing parties to reach resolution has not addressed the interaction in caucuses (i.e. separate meetings) between mediators and individual disputants which may be held in addition to the joint mediation sessions. This discourse-analytic study of videotaped mediation caucuses reveals both constructive and potentially problematic aspects of participants’ interaction during the caucuses. While some disputants engaged in constructive actions, such as articulating their bottom line negotiating position or sharing information with the mediator which had not been revealed in the joint session, others produced negative assessments of the opposing disputants. Also, mediators’ openness in expressing …

Book Review: Abortion Rights: For And Against, Michelle Oberman, Julia D. Hejduk

Faculty Publications

No abstract provided.

Investigating A Macro Level Trial Tax: An Analysis Of The Relationship Between A Circuit's Plea Proportion And Median Sentence Length In U.S. Federal Courts, Denise Lafontaine

Undergraduate Theses, Professional Papers, and Capstone Artifacts

This study investigates the relationship between the proportion of cases resolved by plea in the federal court circuits and the median sentence length of those circuits. Through OLS regression, this study models the relationship, controlling for variation in circuits, year, and violent crime proportion. With an understanding of two common theoretical frameworks surrounding the trial tax discussion, this study theorized under a focal concerns perspective that as the proportion of cases resolved by plea in a circuit increases, the median sentence length of that circuit would decrease. The results of this study are consistent with results of prior research showing …

Millennial Generation College Students' Participation In Civil Rights Causes, Frances Vinell Jackson

Walden Dissertations and Doctoral Studies

Similar to other generations, millennials are attracted to organizations whose causes align with their interests, yet millennial college students' participation in nonprofit voluntary organizations is declining in the United States. Little academic literature explores the causes for the declines in participation, particularly related to civil rights organizations on college campuses. As a result, grassroots civil rights organizations are viewed as dying. Using Howe-Straus' generational theory as a foundation, this case study was to gain the perspective of 20 millennial generation students born between 1980 and 2000 on three college campuses and three civil rights organizations in the southeastern United States. …

Perceptions Of Coping Strategies Of Young Adults Who Were Bullied As Youth, Latonya Rainwater

Walden Dissertations and Doctoral Studies

Victims of childhood bullying often use passive coping strategies and experience depression, substance abuse use, anxiety, and suicidal thoughts. The purpose of this qualitative phenomenological study was to examine adults' lived experiences of coping methods they used as victims of bullies during adolescence. Lazarus and Folkman's transactional theory of stress and coping provided the framework for the study. Semi-structured interviews were conducted with 11 young adults who were bullied as adolescents. Coding analysis indicated 7 emerging themes for coping: confrontation, self-controlling, seeking social support, accepting responsibility, escape-avoidance, problem-solving, and positive reappraisal. Participants reported that some coping methods were perceived as …

Juror Gender And Confession Evidence: An Exploratory Study Of Effects On Empathy And Trial Outcomes For Juvenile Defendants, Cynthia J. Najdowski, Jennifer N. Weintraub

Psychology Faculty Scholarship

Objectives: We explored how relations among juror gender, confession evidence, and empathy impacted verdicts for a juvenile defendant accused of a serious crime. Methods: Jury-eligible women and men (N = 128) participated in a mock trial involving a girl defendant who had either maintained her innocence, confessed voluntarily, or confessed under coercion. Participants reviewed case materials, received juror instructions, and reported their verdict and empathy for the girl defendant. A manipulation check ensured participants attended to details surrounding the confession and participants were grouped by whether they perceived the confession as voluntary or coerced. A logistic regression analysis examined main …

Clown Eggs, David Fagundes, Aaron Perzanowski

Faculty Articles

Since 1946, many clowns have recorded their makeup by having it painted on eggs that are kept in a central registry in Wookey Hole, England. This tradition, which continues today, has been referred to alternately as a form of informal copyright registration and a means of protecting clowns’ property in their personae. This Article explores the Clown Egg Register and its surrounding practices from the perspective of law and social norms. In so doing, it makes several contributions. First, it contributes another chapter to the growing literature on the norms-based governance of intellectual property, showing how clowns—like comedians, roller derby …

Law And Neighborhood Names, Nestor M. Davidson, David Fagundes

Faculty Articles

This Article provides a novel investigation of how law both enables and constrains the ability of city residents to claim, name, and often rename their neighborhoods. A rich interdisciplinary dialogue in fields such as geography and sociology has emerged on the significance of place names, but this literature has largely ignored the legal dimensions of the phenomenon and its implications for urban governance, belonging, and community conflict. This Article’s empirical exploration of the role of law in change and conflict regarding neighborhood identity thus advances the discourse both for legal scholars focused on urban dynamics and across disciplines.

From gentrification …

Deputizing Family: Loved Ones As A Regulatory Tool In The “Drug War” And Beyond, Matthew B. Lawrence

Faculty Articles

Many laws use family members as a regulatory tool to influence the decisions or behavior of their loved ones, i.e., they deputize family. Involuntary treatment laws for substance use disorder are a clear example; such laws empower family members to use information shared by their loved ones to petition to force their loved ones into treatment without consent. Whether such deputization is helpful or harmful for a patient’s health is a crucial and dubious question discussed in existing literature, but use of family members as a regulatory tool implicates important considerations beyond direct medical impacts that have not been as …

Vulnerability And Social Justice, Martha Albertson Fineman

Faculty Articles

This Article briefly considers the origins of the term social justice and its evolution beside our understandings of human rights and liberalism, which are two other significant justice categories. After this reflection on the contemporary meaning of social justice, I suggest that vulnerability theory, which seeks to replace the rational man of liberal legal thought with the vulnerable subject, should be used to define the contours of the term. Recognition of fundamental, universal, and perpetual human vulnerability reveals the fallacies inherent in the ideals of autonomy, independence, and individual responsibility that have supplanted an appreciation of the social. I suggest …

Capital And Punishment: Resource Scarcity Increases Endorsement Of The Death Penalty, Keelah E. G. Williams, Ashley M. Votruba, Steven L. Neuberg, Michael J. Saks

Department of Psychology: Faculty Publications

Faced with punishing severe offenders, why do some prefer imprisonment whereas others impose death? Previous research exploring death penalty attitudes has primarily focused on individual and cultural factors. Adopting a functional perspective, we propose that environmental features may also shape our punishment strategies. Individuals are attuned to the availability of resources within their environments. Due to heightened concerns with the costliness of repeated offending, we hypothesize that individuals tend toward elimination-focused punishments during times of perceived scarcity. Using global and United States data sets (studies 1 and 2), we find that indicators of resource scarcity predict the presence of capital …

The Rise Of American Extremism: An Exploratory Analysis Of American Religious And Political Extremism From Presidents Jimmy Carter To Barack Obama: 1977-2016, Alwyn J. Melton

Department of Conflict Resolution Studies Theses and Dissertations

The purpose of this quantitative case study was to address the problem of domestic terrorism facing the United States. This concern led to a comprehensive examination of historical documents that focused on the temporal evolution of the problem beginning with the Carter administration and continuing through the Obama administration. The conceptual foundation centered on resolving the research question and validating three hypotheses directed at qualifying the escalation of domestic incidents of terrorism. This led to developing a behavioral model to assist law enforcement agencies in combating the issue of domestic terrorism. Bivariate and clustering statistical analysis validated the data while …