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Articles 1 - 25 of 25
Full-Text Articles in Law
An Iterative Theory Of The Legislative Process : A Case Study Of The New York State Commission On Prosecutorial Conduct, Kimberly M. Bernstein
An Iterative Theory Of The Legislative Process : A Case Study Of The New York State Commission On Prosecutorial Conduct, Kimberly M. Bernstein
Legacy Theses & Dissertations (2009 - 2024)
Prosecutors wield the power of the criminal justice system (Medwed, 2014) and the ability to deprive a person of their constitutional rights (Imbler v. Pachtman, 1976). With such power, it is unsurprising that a leading cause of miscarriages of justice is prosecutorial misconduct (e.g., Joy, 2006; Ridolfi & Possley, 2010). New York State became the first state in the country to respond to this issue with a specialized Commission on Prosecutorial Conduct (CPC). The goal of the CPC is to serve as an official mechanism for holding District Attorneys and Assistant District Attorneys accountable by challenging convictions and handing down …
The Albany Answers Plant Incinerator : Environmental Justice And Slow Violence At The New York State Capital, Matthew D. Saddlemire
The Albany Answers Plant Incinerator : Environmental Justice And Slow Violence At The New York State Capital, Matthew D. Saddlemire
Legacy Theses & Dissertations (2009 - 2024)
The ANSWERS plant and its impact on the residents of Sheridan Hollow has recently been accepted by many as a case of environmental injustice. Simply looking at the benefits and burdens of environmental processes shows clearly that the primarily black community faced most of the health burdens that came from waste in the capital region, while white residential areas who sent their trash to ANSWERS faced minimal risk. The state benefitted from energy production, which was used to heat and cool the Empire State Plaza, the Alfred E. Smith State Office Building, the state Education Building and New York State …
The Dark Figure Of Wrongful Convictions : How Intake Decisions Impact Exonerations, Jennifer Weintraub
The Dark Figure Of Wrongful Convictions : How Intake Decisions Impact Exonerations, Jennifer Weintraub
Legacy Theses & Dissertations (2009 - 2024)
Innocence organizations contributed to 45% of exonerations in the year 2020, and account for nearly 25% of all U.S. exonerations. Yet little is known about these organizations, including a review of their intake criteria and procedures, how they select their intake criteria and procedures, or how those choices influence the landscape of known wrongful convictions. The contents of these intake decisions as well as how they are chosen have implications for what is currently known about wrongful convictions nation-wide. In this study, 19 innocence organizations represented by 24 innocence organization staff and leaders completed qualitative interviews to address this gap …
The Fabric Of Labor: A Study Of Labor History Through The Upstate New York Textile Industry, 1950 – 1968, Anthony Parillo
The Fabric Of Labor: A Study Of Labor History Through The Upstate New York Textile Industry, 1950 – 1968, Anthony Parillo
History Honors Program
This paper explores three textile mills in upstate New York in the post-WWII years, and specifically the relationships between mill hands, management, and the national Textile Workers Union of America (TWUA). While historians have studied textile mills and labor relations in the twentieth-century South, they have paid little attention to their northern counterparts during that era. This paper, conversely, writes northern mill workers into the larger scholarly conversation about twentieth-century union decline. It shows that union campaigns often failed due largely to the cunning, if not deceptive, maneuvers of management. Drawing on union records, contemporary local newspapers, and census data, …
Correlates Of Compliance In Community Diversion Programs: An Outline For Offender Characteristic Analysis, Emily O'Halloran
Correlates Of Compliance In Community Diversion Programs: An Outline For Offender Characteristic Analysis, Emily O'Halloran
Criminal Justice
Restorative Justice Programs have become an increasingly popular alternative to incarceration. Two restorative programs that exist within the Capital Region of New York are discussed and used as a baseline. This paper will lay the framework for conducting an analysis of these types of programs in order to examine the individual traits offenders partaking in the program poses and whether they affect their likelihood of complying. The information needed to perform a meaningful statistical analysis is established, along with hypothetical potential outcomes.
Unpacking The Untapped Potential Of First-Line Supervisors : Sergeants' Role In Managing Police Discretion, Danielle Leigh Reynolds
Unpacking The Untapped Potential Of First-Line Supervisors : Sergeants' Role In Managing Police Discretion, Danielle Leigh Reynolds
Legacy Theses & Dissertations (2009 - 2024)
The operational uncertainties for police work—e.g. isolation, ambiguity, contextually contingent decision-making—force police departments to push discretion down to its lowest level employees. Consequently, officers are expected to exercise independent thought and judgment in response to the challenges confronted. Yet public criticism of police often breeds from officers’ “poor” decisions and the inordinate amount of discretion they are granted. Police organizations rarely experience crises for failing to control crime, rather it is failure to control police discretion that most often threatens a department’s legitimacy. Consequently, police departments rely on supervision to limit, constrain or shape officers’ discretion so that it mirrors …
A Hunger For Justice : Everyday Forms Of Latinx Resistance In New York State's Capital Region, Cassandra Andrusz- Ho Ching
A Hunger For Justice : Everyday Forms Of Latinx Resistance In New York State's Capital Region, Cassandra Andrusz- Ho Ching
Legacy Theses & Dissertations (2009 - 2024)
Low-income racialized communities have always disproportionately struggled with food system inequities. However, after the 2008 financial crisis, conditions have become more precarious, especially in Latinx communities. This context has resulted in intensified food system inequities, manifesting as food insecurity, high food pricing, inconsistent and partial food programming, diet related diseases, low wages, worker and environmental rights abuses. This dissertation examines how low-income Latinx communities, respond to these intensified inequities in the New York State Capital Region from 2008-2018. Through qualitative research, interviews and observations, I assess the nature and context of everyday practices that undermine or resist food system inequities, …
Beliefs About Police Error Leading To Wrongful Convictions And Attitudes On Police Legitimacy, Julia Melfi
Beliefs About Police Error Leading To Wrongful Convictions And Attitudes On Police Legitimacy, Julia Melfi
Criminal Justice
This study investigates the relations between citizens’ perceptions of how police misconduct as a factor contributing to wrongful convictions is connected to attitudes towards police legitimacy. I hypothesized that there would be a negative correlation between the two variables such that the more individuals believe police error contributes to wrongful convictions, the less legitimate they perceive the police to be. I also examined how citizens’ race affects these perceptions and attitudes, too, and hypothesized that Black citizens are more likely than White citizens to believe police error leads to wrongful conviction and mistrust the police. To test the hypotheses data …
Prosecutorial Discretion And Decision Making : Processing Sexual Assault Cases, Megan Kennedy
Prosecutorial Discretion And Decision Making : Processing Sexual Assault Cases, Megan Kennedy
Legacy Theses & Dissertations (2009 - 2024)
This dissertation examines prosecutorial discretion and decision making in the processing of sexual assault cases. The literature has long focused on the idea that prosecutors make decisions with the goal of avoiding uncertainty, the uncertainty being a potential acquittal. Researchers suggest this goal is the result of prosecutors’ beliefs that professional advancement is dependent upon one’s conviction record. Much of the research in this area has relied upon quantitative methods and analyses. The results of the analyses lead researchers to infer that prosecutors do indeed make charging decisions with an eye toward avoiding uncertainty. Specifically related to sexual assault cases, …
Beyond Litigation : The Behavior Of Cause Lawyering Organizations In The Lgbtq Movement, David Lawrence Trowbridge
Beyond Litigation : The Behavior Of Cause Lawyering Organizations In The Lgbtq Movement, David Lawrence Trowbridge
Legacy Theses & Dissertations (2009 - 2024)
Scholarship tells us that cause lawyers, including those in the LGBTQ movement, are likely to avoid non-litigation tactics in favor of court-centered strategies (Klarman 2005; Rosenberg 2008; Scheingold 1974). Other research suggests that lawyers are likely to steer the LGBTQ movement’s agenda away from both grassroots interests and its more radical agenda (Leachman 2014; Levitsky 2006). However, more recent scholarship shows an increased reliance on non-litigation tactics in the LGBTQ movement and publicly available evidence indicates cause lawyers are working on diverse sets of issues within the movement (Cummings and NeJaime 2010; Marshall 2006).
The Collateral Effects Of Representation : Three Essays Evaluating Representative Bureaucracy In Practice, Ashley Miller Alteri
The Collateral Effects Of Representation : Three Essays Evaluating Representative Bureaucracy In Practice, Ashley Miller Alteri
Legacy Theses & Dissertations (2009 - 2024)
This dissertation evaluates representative bureaucracy, a public management theory that has been embraced by public management scholars and implicitly embraced by practitioners through the use of diversity hiring initiatives. The theory of representative bureaucracy posits that a bureaucracy will function better if the administrative arm of government, in addition to its political one, is representative of the public. This representativeness is achieved if the bureaucrat shares a common identity with the group or groups they are meant to represent. The three papers within this dissertation provide an analysis of how this theory translates into practice. Specifically, these papers examine the …
Treaty Commitment And The Reconstruction Of Social Relations Among States, Youcheer Kim
Treaty Commitment And The Reconstruction Of Social Relations Among States, Youcheer Kim
Legacy Theses & Dissertations (2009 - 2024)
Does states’ treaty commitment promote the inter-state socialization? A gap exists in the existing constructivist International Relations literature as to which agents could promote the internalization of constitutive beliefs through which process. This project seeks to illuminate whether states’ treaty commitments have promoted the inter-state socialization in three dimensions: (1) the convergence of voting patterns in the UN General Assembly (2) the convergence of state practices in territorial disputes (3) the emergence of rules-oriented domestic governance. I draw on classical sociology, public law theory, the English School theory, and the Transnational Legal Process theory to develop the Social Theory of …
Seeing Color In Black And White : New York Defines Its Color Line In Ridgway V. Cockburn In 1937, Nicholas A. Soares
Seeing Color In Black And White : New York Defines Its Color Line In Ridgway V. Cockburn In 1937, Nicholas A. Soares
Legacy Theses & Dissertations (2009 - 2024)
This thesis examines the role Ridgway v. Cockburn played in exposing the “Negro race” as a subjective experience rather than a definitive label. Blacks in the 20th century were seen as undesirable. The NAACP fought for blacks’s rights to property and justice in the courts. Racially restrictive covenants became a popular method used by whites to keep blacks out of their neighborhoods. Arthur Garfield Hays, a white lawyer, defended the Cockburns as they moved into Edgemont Hills, a white elite neighborhood.
Criminal Specialization In The Criminal Justice Context, Shi Yan
Criminal Specialization In The Criminal Justice Context, Shi Yan
Legacy Theses & Dissertations (2009 - 2024)
The dissertation consists of two studies. Study 1 examines how criminal specialization predicts the sentencing outcomes. Theories of sentencing have pointed out the association between the sentence and the assessment of the defendant’s risk and culpability, and one of the most important indicators of an individual’s risk is his or her criminal records. Most quantitative studies of sentencing today take criminal records into consideration by controlling for the number of prior criminal justice contacts, and overlook the nature of the prior crimes. The concept criminal specialization refers to the tendency for an individual to repeat the same or a set …
The Implementation Of Judicial Policy In Crime Laboratories : An Examination Of The Impact Of Melendez-Diaz V. Massachusetts, Catherine L. Bonventre
The Implementation Of Judicial Policy In Crime Laboratories : An Examination Of The Impact Of Melendez-Diaz V. Massachusetts, Catherine L. Bonventre
Legacy Theses & Dissertations (2009 - 2024)
In Melendez-Diaz v. Massachusetts (2009), the United States Supreme Court held that the Sixth Amendment right to confront adverse witnesses includes the right to confront forensic analysts who produce affidavits certifying the results of forensic examinations used against defendants at trial. The decision thus invalidated the practice of substituting forensic laboratory reports for live testimony in criminal trials. Melendez-Diaz was a divided decision in which four dissenting Justices predicted onerous practical consequences for the practice of forensic science in the United States. Through a web-based survey and semi-structured interviews, this dissertation explored the practical impact of the decision on crime …
The "New Civil Rights" : The Innocence Movement And American Criminal Justice, Robert Norris
The "New Civil Rights" : The Innocence Movement And American Criminal Justice, Robert Norris
Legacy Theses & Dissertations (2009 - 2024)
Few issues have captivated the criminal justice world in recent years like wrongful convictions. An advocacy network has developed around the United States, responsible for exonerating more than 1,500 individuals and successfully passing reforms at all levels of criminal justice policy and practice. This "innocence movement" has been described as a "revolution" and a "new civil rights movement," yet has rarely been examined in-depth by scholars. In this dissertation, I explore the history and theoretical underpinnings of the movement through interviews with 37 actors involved in innocence work, archival materials, and observational research. I draw on the rich body of …
When Is Hacking Ethical?, Sharif Rezazadehsaber
When Is Hacking Ethical?, Sharif Rezazadehsaber
Legacy Theses & Dissertations (2009 - 2024)
This thesis examines situations in which computer hacking might be considered ethical. It addresses fundamental questions regarding the motivation and consequences of ethical hacking. The paper is organized into three sections. The first section discusses the history of hackers, classifies them according to their motivational background. The second part of the paper comprehensively describes the features of the ethical or “white hat” hacker group, and explores the positive and negative behaviors of ethical hackers in relation to their ethical principles. In the final section of the paper, I discuss hacktivist groups, their unique ideologies, and the risks they face, including …
Talking Rights, Talking Politics : The Development Of Abortion Policy In New York And New Jersey, 1970-2010, Jonathan Parent
Talking Rights, Talking Politics : The Development Of Abortion Policy In New York And New Jersey, 1970-2010, Jonathan Parent
Legacy Theses & Dissertations (2009 - 2024)
Policy can be made by all three branches of government, and the institutional location of change will have an impact on the shape of policy outputs. This dissertation examines the question of what factors will make courts more or less likely to undertake and continue policymaking in a given issue area. In particular, the study presented here considers the development of abortion policy in New York and New Jersey over a forty-year period beginning in 1970. Using both quantitative and qualitative research methods, this work proposes a theoretical framework whereby issue framing, coupled with institutional first movement, will greatly influence …
Receptivity Of Capital Jurors To Mitigating Factors Of Mental Illness, Intellectual Disability, And Situational Impairments In Death Penalty Decisions : The Capital Trial Analyzed As A Mitigating "Weight And Counterweight" To Premature Decisions And Pro-Death Bias, Leona Deborah Jochnowitz
Legacy Theses & Dissertations (2009 - 2024)
This research presents aspects of juror receptivity to mitigating factors of mental, cognitive/intellectual and situational impairments in capital sentencing decisions. The study examined types of mental factors, as well as the gender of defendants, the aggravating nature of the crime and victim vulnerability. An exploratory cross-tabulation analysis evaluated the percentages and relationships between juror closed-ended CJP survey responses to mental sentencing factors and mental evidence presented at trial for 38 cases. While the sample size was too small in some cells for significance testing, the percentages demonstrated patterns. A detailed qualitative analysis of 12 cases with strong evidence of mental …
Marriage And Family Law : Court Centered Legal Development, 1942-2012, Natalie Priya Johnson
Marriage And Family Law : Court Centered Legal Development, 1942-2012, Natalie Priya Johnson
Legacy Theses & Dissertations (2009 - 2024)
The goal of this dissertation was to explore the internal problem solving nature of state courts and thus produce a narrative about court-created legal development. By examining four policy areas related to marriage: divorce/annulment, alimony, adoption/custody and loss of consortium, I show the courts turn to performance as a way to adjudicate questions from individuals and couples operating at the margins of marriage, couples who do not live to the marriage ideal or more broadly the breakdown in the marriage ideal. Through an analysis of four unique policy areas I offer conclusions in this dissertation as to why performance matters …
Bankruptcy As A Corporate Strategy : Implications For Turnover In The Top Management Team And Board Of Directors, Cynthia Lane Krom
Bankruptcy As A Corporate Strategy : Implications For Turnover In The Top Management Team And Board Of Directors, Cynthia Lane Krom
Legacy Theses & Dissertations (2009 - 2024)
This paper examines Chapter 11 bankruptcy as a corporate strategy, segregating filings for corporate reorganization in the U.S. from 1998 through 2007 into those due to financial distress (FDB) and those believed to be for risk-management purposes (RMB). Twenty-seven RMB and 199 FDB firms were compared to each other, and to 226 matched non-bankrupt firms. Altman's Z-score clearly differed between the RMB and FDB firms, suggesting that the two are separate constructs financially as well as legally. A subset of 81 firms (the 27 RMB matched to 27 non-bankrupt and 27 FDB) were studied for turnover among the members of …
Continuity And Change In U.S. Nuclear Nonproliferation Policy : A Critical Analysis, Darius Edward Watson
Continuity And Change In U.S. Nuclear Nonproliferation Policy : A Critical Analysis, Darius Edward Watson
Legacy Theses & Dissertations (2009 - 2024)
The study of US nonproliferation policy has traditionally focused on characteristics of the proliferator to explain variations in the preferred US policy outcome: no new nuclear weapons states. Failures in achieving this goal have most often been attributed to the "roguishness" of the proliferating state, its desire for the international prestige normally associated with achieving nuclear weapon status, or intense security concerns which override its desire or ability to adhere to international and US rules governing nuclear proliferation. The argument being forwarded here is that variations within US nonproliferation policy have been the greatest influence on the attainment of US …
Varieties Of Marketization In China : The Impact Of Private Entrepreneurs, Local Governments, And State-Owned Enterprises, Ji-Yong Lee
Legacy Theses & Dissertations (2009 - 2024)
The dissertation examines roles and effects of local government and private entrepreneurial class focusing on three localities in China in the course of marketization, based on the assumption that, at the local level in post-Maoist China, transitional paths toward a market-based economy from the planned economy are significantly affected by leading actors such as local governments, private entrepreneurs, or state-owned enterprises; economic development and formation of vibrant local market economy tend to be strongest when led by private entrepreneurs and weakest when led by state-owned enterprises. It especially focuses on formation of private entrepreneurial class and its roles in constructing …
Protecting Global Cities : New York, London, And The Internationalization Of Urban Counterterrorism, Brian H. Nussbaum
Protecting Global Cities : New York, London, And The Internationalization Of Urban Counterterrorism, Brian H. Nussbaum
Legacy Theses & Dissertations (2009 - 2024)
This dissertation examines the impact of international terrorism on the policing (both the policing structures and policing strategies) of large globaized cities, with a focus on New York City and London. Combining historical analysis, secondary source material, and extensive interviews with police officials and officers, it seeks to examine the underlying structural constraints and resources that lead these cities to internationalize their counterterrorism efforts.
The Politics And Economics Of Software Intellectual Property Rights : Interacting Policies Of The United States, United Kingdom, Romania, Turkey, And International Organizations, Ersan Ozkan
Legacy Theses & Dissertations (2009 - 2024)
The Intellectual Property Rights is one of the key issues of the global economy as knowledge has become a key element in international trade. As the process of digitalization spreads, Software Intellectual Property Rights (SIPR) have become essential to the development of computer software industry. However, some developing governments do not fulfill the requirements of protecting SIPR; as a result, western entrepreneurs lose huge amounts of money. In order to prevent losses, developed countries established various organizations to watch and guide developing countries on SIPR issue.