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Legal Studies

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2011

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Articles 1 - 30 of 116

Full-Text Articles in Social and Behavioral Sciences

The Impact Of Mandatory Supervised Release (Msr) And Time Served On Idoc's Population, David E. Olson, Donald Stemen Dec 2011

The Impact Of Mandatory Supervised Release (Msr) And Time Served On Idoc's Population, David E. Olson, Donald Stemen

Criminal Justice & Criminology: Faculty Publications & Other Works

This presentation provided an overview of the impact that violators of Mandatory Supervised Release (MSR or "parole") had on Illinois' prison admissions and prison population as well as an overview of changes in sentences and time served by those admitted to prison in Illinois.


How Money For Legal Scholarship Disadvantages Feminism, Martha T. Mccluskey Dec 2011

How Money For Legal Scholarship Disadvantages Feminism, Martha T. Mccluskey

Journal Articles

A dramatic infusion of outside money has shaped legal theory over the last several decades, largely to the detriment of feminist theory. Nonetheless, the pervasive influence of this funding is largely ignored in scholarly discussions of legal theory. This denial helps reinforce the marginal position of feminist scholarship and of women in legal theory. Conservative activists and funders have understood the central role of developing community culture and institutions, and have helped shift the prevailing framework for discussion of many questions of theory and policy through substantial investments in law-and-economics centers and in the Federalist Society. Comparing the institutional resources …


Structural Determinants Of Homicide: The Big Three, Maria Tcherni Dec 2011

Structural Determinants Of Homicide: The Big Three, Maria Tcherni

Criminal Justice Faculty Publications

Building upon and expanding the previous research into structural determinants of homicide, particularly the work of Land, McCall and Cohen (1990), the current paper uses county-level data to disentangle three major influences on homicide rates: poverty, racial composition, and the disruption of family structure. Theoretical foundations of these influences are laid out, and the effects of the three factors on homicide rates are tested at two time periods as far removed from one another as possible: 1950-1960 and 1995-2005. All major variables typically used in homicide research are included as controls. The results of analyses show that the effects of …


Gendered Arrests Or Gendered Sentencing: Explaining The Narrowing Of The Gender Gap In Imprisonment Over Time: 1970–2008, Mark G. Harmon, Robert M. O'Brien Dec 2011

Gendered Arrests Or Gendered Sentencing: Explaining The Narrowing Of The Gender Gap In Imprisonment Over Time: 1970–2008, Mark G. Harmon, Robert M. O'Brien

Criminology and Criminal Justice Faculty Publications and Presentations

Since 1970 the percentage of women incarcerated in U.S. prisons has risen from nearly 3 percent to almost 7 percent—more than doubling in less than 40 years. This article examines explanations for this phenomenon—concentrating on two: Changes in the relative rates of arrest for females and males and sentencing reforms that were instituted during this period. The authors examine trends in female to male imprisonment rates from 1970 to 2008 across all fifty states using panel analysis. The only robust relationship they find is between the ratio of female to male incarceration rates and the ratio of female to male …


Collaborating With A Killer: The Unique Perspective Of Prison Life From A Man On Death Row, Gordon A. Crews, Angela D. Crews Nov 2011

Collaborating With A Killer: The Unique Perspective Of Prison Life From A Man On Death Row, Gordon A. Crews, Angela D. Crews

Criminal Justice Faculty Publications and Presentations

This presentation describes the process and difficulties of developing a collaborative working relationship with Stephen C. Stanko, a man currently serving two death sentences in South Carolina for the murders of two people and the sexual assault and attempted murder of a third. Mr. Stanko and Dr. Gordon Crews first worked together on a book from 2000-2004 when Stanko was serving a 10-year sentence for kidnapping and assault with intent to kill. In April 2005, only 8 months after Stanko was released from that sentence, he committed the crimes for which he is currently facing death. Since then, the Crews’ …


Bad Cops At Home: An Exploratory Study Of Officer-Involved Domestic Violence, Philip M. Stinson, John Liederbach Nov 2011

Bad Cops At Home: An Exploratory Study Of Officer-Involved Domestic Violence, Philip M. Stinson, John Liederbach

Criminal Justice Faculty Publications

Officer-involved domestic violence is a problem that should concern researchers, policymakers, the policing community, and the general public. Yet there is very little research in the area and no official data is available to discern the nature and prevalence of domestic violence in police families. Victims are reluctant to report officer-involved domestic violence and often feel helpless in the criminal justice system where the abuser is employed. This is complicated by provisions of the Lautenberg Amendment of 1996 which prohibit anyone convicted of a crime of domestic violence from carrying a firearm. This study explores 324 cases of state and …


Finding Historic Indiana Documents In An Online Environment: Civil War Era And Later 19th Century, Bert Chapman Nov 2011

Finding Historic Indiana Documents In An Online Environment: Civil War Era And Later 19th Century, Bert Chapman

Libraries Research Publications

This presentation provides information on digitally accessing historic Indiana State and U.S. Government documents from the latter half of the 19th century. Examples of these resources include the periodical Indiana Farmer, Indiana Civil War Governor Oliver Morton's telegraph books, the Official Records of the War of the Rebellion, Indiana Adjutant General Reports, and the Brevier Indiana Law Reports covering Indiana General Assembly proceedings. These collections have been digitized by various Indiana libraries including Purdue University, IUPUI, and Indiana University. Accessing these primary source materials will enable users to gain augmented understanding ot the economic, military, and political issues facing Indiana …


Substance Use Behavior Among Early-Adolescent Asian American Girls: The Impact Of Psychological And Family Factors, Lin Fang, Kevin Barnes-Ceeney, Steven Schinke Nov 2011

Substance Use Behavior Among Early-Adolescent Asian American Girls: The Impact Of Psychological And Family Factors, Lin Fang, Kevin Barnes-Ceeney, Steven Schinke

Criminal Justice Faculty Publications

Confronting developmental tasks and challenges associated with bridging two different cultures, Asian American adolescent girls face increasing risks for substance use. Identifying risk and protective factors in this population is essential, particularly when those factors can inform preventive programs. Guided by family interaction theory, the present cross-sectional study explored the associations of psychological and familial factors with use of alcohol, prescription drugs, and other drugs among early-adolescent Asian American girls. Between August 2007 and March 2008, 135 pairs of Asian American girls (mean age 13.21 years, SD = 0.90) and their mothers (mean age 39.86 years, SD = 6.99) were …


“Impact” In 3d—Maximizing Impact Through Transactional Clinics, Praveen Kosuri Nov 2011

“Impact” In 3d—Maximizing Impact Through Transactional Clinics, Praveen Kosuri

All Faculty Scholarship

In speaking about “impact” clinical legal education, it is almost always exclusively as litigation—innocence projects, representing Guantanamo detainees, human rights concerns, environmental issues. Though these clinical efforts target different societal ills, all try to use the legal system as a catalyst for change. Rarely do clinicians invoke the word “impact” in the same manner in discussing transactional legal work much less transactional clinics. Yet transactional clinics can and do perform impact work. This article describes the current landscape of transactional clinics, the distinct evolution of community economic development clinics from small business and organizations clinics and argues that both can …


Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate Nov 2011

Human Rights Law And Military Aid Delivery: A Case Study Of The Leahy Law, Winifred Tate

Faculty Scholarship

Explicitly prohibiting US military counternarcotics assistance to foreign military units facing credible allegations of abuses, Leahy Law creation and implementation illuminates the epistemological challenges of knowledge production about violence in the policy process. First passed in 1997, the law emerged from strategic alliances between elite NGO advocates, grassroots activists and critically located Congressional aides in response to the perceived inability of Congress to act on human rights information. I explore the resulting transformation of aid delivery: rather than suspend aid when no “clean” units could be found, US officials convinced their Colombian allies to create new units consisting of vetted …


Summoning The Superheroes: Harnessing Science And Passion To Create A More Effective And Humane Response To Crime. President Travis' Keynote Address On The Future Of Crime Policy, At The National Press Club On October 11, 2011., Jeremy Travis Oct 2011

Summoning The Superheroes: Harnessing Science And Passion To Create A More Effective And Humane Response To Crime. President Travis' Keynote Address On The Future Of Crime Policy, At The National Press Club On October 11, 2011., Jeremy Travis

Publications and Research

No abstract provided.


Forensic Science Forum, San Jose State University Oct 2011

Forensic Science Forum, San Jose State University

Forensic Science Forum (Justice Studies)

No abstract provided.


Advance, Winter 2011, San Jose State University, Department Of Justice Studies Oct 2011

Advance, Winter 2011, San Jose State University, Department Of Justice Studies

Advance (Justice Studies)

News from the San Jose State University Record Clearance Project


Cj Times Volume 6, Issue 1, Department Of Criminal Justice Oct 2011

Cj Times Volume 6, Issue 1, Department Of Criminal Justice

CJ Times (Newsletter)

No abstract provided.


The Nebraska Transcript 44:2, Fall 2011 Oct 2011

The Nebraska Transcript 44:2, Fall 2011

Nebraska Transcript

Dean’s Message 2
Faculty Update Profile: Marty Gardner 4
Whistleblowing Dilemma 6
Faculty Notes 10
Mediation Turns Twenty 16
Medill Creator of New Book Series 19
Willborn Chair of LSAC 20
Beard Returns to Midwest 23
Moberly Appointed to New Role 25
Sheppard Brings Patent Law Back 26
Around the College Feature: Justice Clarence Thomas 28
Admissions Report 31
Presidential Management Fellows Program 33
LL.M. Report 36
Leiter Spends Semester At Harvard 38
2011 Commencement 42
ACLU President Delivers Lane Lecture 46
Judge Bennett & Implicit Bias 47
College Hosts ABA Regional Conference 48
“Futurama” Producer Visits College 49
Feature: …


Protecting Liberty And Autonomy: Desert/Disease Jurisprudence, Stephen J. Morse Oct 2011

Protecting Liberty And Autonomy: Desert/Disease Jurisprudence, Stephen J. Morse

All Faculty Scholarship

This contribution to a symposium on the morality of preventive restriction on liberty begins by describing the positive law of preventive detention, which I term "desert/disease jurisprudence." Then it provides a brief excursus about risk prediction (estimation), which is at the heart of all preventive detention practices. Part IV considers whether proposed expansions of desert jurisprudence are consistent with retributive theories of justice, which ground desert jurisprudence. I conclude that this is a circle that cannot be squared. The following Part canvasses expansions of disease jurisprudence, especially the involuntary civil commitment of mentally abnormal, sexually violent predators, and the use …


Establishing Lower Developmental Thresholds For A Common Blowfly: For Use In Estimating Elapsed Time Since Death Using Entomologyical Methods, Gail S. Anderson, Jodie-A. Warren Oct 2011

Establishing Lower Developmental Thresholds For A Common Blowfly: For Use In Estimating Elapsed Time Since Death Using Entomologyical Methods, Gail S. Anderson, Jodie-A. Warren

Faculty Research, Scholarly, and Creative Activity

Forensic entomology is a science used to estimate a post-mortem interval (PMI). Larvae develop at predictable rates and the time interval for this development can be used to estimate the PMI. Environmental temperatures are not constant and fluctuate with the photoperiod. In early and late insect seasons, temperatures can drop to below threshold temperatures where development essentially ceases. Threshold temperatures differ for different species and should be determined by raising insects at the extremely low temperatures. The lower threshold temperature for Protophormia terraenovae for egg hatch is 10.3°C ; for first instar larvae to molt to second instar larvae it …


Problem Profiles Of At-Risk Youth In Two Service Programs: A Multigroup Exploratory Latent Class Analysis, Richard Dembo, Rhissa Briones-Robinson, Rocío Aracelis Ungaro, Lora M. Karas, Laura M. Gulledge, Paul Greenbaum, James Schmeidler, Ken C. Winters, Steven Belenko Oct 2011

Problem Profiles Of At-Risk Youth In Two Service Programs: A Multigroup Exploratory Latent Class Analysis, Richard Dembo, Rhissa Briones-Robinson, Rocío Aracelis Ungaro, Lora M. Karas, Laura M. Gulledge, Paul Greenbaum, James Schmeidler, Ken C. Winters, Steven Belenko

Faculty Publications

Baseline data collected in two brief intervention projects (BI-Court and Truancy Project) were used to assess similarities and differences in subgroups of at-risk youth. Classifications of these subgroups were based on their psychosocial characteristics (e. g., substance use). Multigroup latent class analysis identified two BI-Court subgroups of youth and three truant subgroups. These classes can be viewed as differing along two dimensions, substance use involvement and emotional and behavioral issues. Equality tests of means across the latent classes for BI-Court and Truancy Project youths found significant differences that were consistent with their problem group classification. These findings highlight the importance …


Collaborating With A Killer: The Unique Perspective Of Prison Life From A Man On Death Row, Gordon A. Crews, Angela D. Crews Sep 2011

Collaborating With A Killer: The Unique Perspective Of Prison Life From A Man On Death Row, Gordon A. Crews, Angela D. Crews

Criminal Justice Faculty Research

This presentation describes the process and difficulties of developing a collaborative working relationship with Stephen C. Stanko, a man currently serving two death sentences in South Carolina for the murders of two people and the sexual assault and attempted murder of a third. Mr. Stanko and Dr. Gordon Crews first worked together on a book from 2000-2004 when Stanko was serving a 10-year sentence for kidnapping and assault with intent to kill. In April 2005, only 8 months after Stanko was released from that sentence, he committed the crimes for which he is currently facing death. Since then, the Crews’ …


Substance Use Among Asian American Adolescents: Perceptions Of Use And Preferences For Prevention Programming, Lin Fang, Kevin Barnes-Ceeney, Rebecca A. Lee, John Tao Sep 2011

Substance Use Among Asian American Adolescents: Perceptions Of Use And Preferences For Prevention Programming, Lin Fang, Kevin Barnes-Ceeney, Rebecca A. Lee, John Tao

Criminal Justice Faculty Publications

Rarely has substance use prevention programming targeted Asian-American adolescents. Using a focus group methodology, we explored perceptions of substance use and preferences for prevention programming among 31 Asian-American adolescents in New York City. Participants considered substance use common in the community. Factors contributing to substance use among Asian-American adolescents (e.g., peer pressure, pressure to achieve, family factors, and community influence) were identified, and the need for prevention programs tailored for the Asian-American community was highlighted. Participants discussed preferred program content, delivery settings, and recruitment and retention strategies. Despite the favorable attitude for family-based prevention programming, participants raised potential issues concerning …


Field Testing Of Collection Cards For Cannabis Sativa Samples With A Single Hexanucleotide Dna Marker, Lindsey Allgeier, John Hemenway, Nicholas Shirley, Tommy Lanier, Heather Miller Coyle Sep 2011

Field Testing Of Collection Cards For Cannabis Sativa Samples With A Single Hexanucleotide Dna Marker, Lindsey Allgeier, John Hemenway, Nicholas Shirley, Tommy Lanier, Heather Miller Coyle

Forensic Science Publications

Abstract:  The validity and feasibility of using DNA collection cards in the field for preservation and analysis of Cannabis sativa genotypes were investigated using a highly specific hexanucleotide marker. Collection cards were submitted to the National Marijuana Initiative, which selectively trained and managed the collection of specific types of samples from a variety of participating agencies. Samples collected at seizure sites included fresh marijuana leaf samples, dried “dispensary” samples, U.S. border seizures, and hashish. Using a standardized PCR kit with custom-labeled oligonucleotide primers specific to marijuana, collection cards produced eight genotypes and 13 different alleles, extremely low baselines, and no …


Afraid To Cry Wolf: Human Rights Activists’ Conundrum To Define Narratives Of Justice And Truth In The Former Yugoslavia1, Arnaud Kurze Aug 2011

Afraid To Cry Wolf: Human Rights Activists’ Conundrum To Define Narratives Of Justice And Truth In The Former Yugoslavia1, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

Throughout the 1990s the state of Yugoslavia dissolved, ravaged by horrendous conflict. Since, several retributive and restorative mechanisms to cope with past atrocities have been attempted. In these processes social activists and civil society organizations have increasingly gained ground. Employing concepts of sociology of spaces, which focuses on the creation of spaces through action and the interdependence of action on spatial structures, I argue that activists move between different spaces constituted by narratives of justice and truth. Different NGOs across the region run trial monitoring and/or witness support programs—examples of activist involvement in legal spatiality.


Between Structure And Agency: Assassination, Social Forces, And The Production Of The Criminal Subject, Cary H. Federman Aug 2011

Between Structure And Agency: Assassination, Social Forces, And The Production Of The Criminal Subject, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

Assassins are often regarded as ahistorical figures of evil. In this article, I contest this view by analyzing the assassination of President William McKinley by Leon Czolgosz in 1901. There are two purposes to this article. The first is to situate McKinley’s assassination within the history and development of the social sciences, principally sociology, rather than assume that the assassin is a trans-historical representation of willful irresponsibility. The second is to describe and critique the discourse that made Czolgosz into a rational agent once he entered history as an assassin.


Variation In Health Blog Features And Elements By Gender, Occupation, And Perspective, Edward Alan Miller, Antoinette Pole, Clancey Bateman Aug 2011

Variation In Health Blog Features And Elements By Gender, Occupation, And Perspective, Edward Alan Miller, Antoinette Pole, Clancey Bateman

Department of Political Science and Law Faculty Scholarship and Creative Works

This study explores whether there are gender and occupational differences in the health blogosphere and whether there are differences by blogger perspective. Data were derived from content analysis of 951 health blogs identified between June 2007 and May 2008. Results indicate that male, physician bloggers were more likely to have blogs that feature a SiteMeter, sponsorship, and advertising, which also were more prevalent among those blogging from a professional perspective. Women, bloggers in non-health-related employment, and patient/consumer and caregiver bloggers were more likely to blog about disease and disability; men, bloggers in health-related employment, and professional bloggers were more likely …


Living And Dying On Death Row In America, Angela D. Crews, Gordon A. Crews Aug 2011

Living And Dying On Death Row In America, Angela D. Crews, Gordon A. Crews

Criminal Justice Faculty Publications and Presentations

- Much written on capital punishment in America, but very little research on the persons serving these death sentences - Initial results from survey of more than 3,200 death row prisoners in the U.S. and material from a "behind-the-scenes" personal narrative from a death row prisoner in South Carolina. - Qualitative personal reflections (“life lessons”) from prisoners and a quantitative examination of coping mechanisms they use to deal with living and dying on death row


Executions In America: How Constitutional Interpretation Has Restricted Capital Punishment, Andrea Paone Jul 2011

Executions In America: How Constitutional Interpretation Has Restricted Capital Punishment, Andrea Paone

Pell Scholars and Senior Theses

In upholding the constitutionality of capital punishment, the United States Supreme Court has utilized a strict construction interpretation of the Fourteenth Amendment's Due Process Clause, which has led the opponents of capital punishment to abandon the Due Process approach and look to the Eighth Amendment, for which the justices utilize a loose construction interpretation.


Pre-Teen Alcohol Use As A Risk Factor For Victimization And Perpetration Of Bullying Among Middle And High School Students In Georgia, Monica H. Swahn, Volkan Topalli, Bina Ali, Sheryl M. Strasser, Jeffrey S. Ashby, Joel Meyers Jul 2011

Pre-Teen Alcohol Use As A Risk Factor For Victimization And Perpetration Of Bullying Among Middle And High School Students In Georgia, Monica H. Swahn, Volkan Topalli, Bina Ali, Sheryl M. Strasser, Jeffrey S. Ashby, Joel Meyers

Public Health Faculty Publications

Objective: We examined the association between pre-teen alcohol use initiation and the victimization and perpetration of bullying among middle and high school students in Georgia.

Methods: We computed analyses using data from the 2006 Georgia Student Health Survey (N=175,311) of students in grades 6, 8, 10 and 12. The current analyses were limited to students in grades 8, 10 and 12 (n=122,434). We used multilogistic regression analyses to determine the associations between early alcohol use and reports of both victimization and perpetration of bullying, perpetration only, victimization only, and neither victimization or perpetration, while controlling for demographic characteristics, other substance …


A Survey Of Georgia Adult Protective Service Staff: Implications For Older Adult Injury Prevention And Policy, Sheryl M. Strasser, Judith Kerr, Patricia S. King, Brian Payne, Sarah Beddington, Danielle Pendrick, Elizabeth Leyda, Frances Mccarty Jul 2011

A Survey Of Georgia Adult Protective Service Staff: Implications For Older Adult Injury Prevention And Policy, Sheryl M. Strasser, Judith Kerr, Patricia S. King, Brian Payne, Sarah Beddington, Danielle Pendrick, Elizabeth Leyda, Frances Mccarty

Public Health Faculty Publications

Background: The aging population is a rapidly growing demographic. Isolation and limited autonomy render many of the elderly vulnerable to abuse, neglect and exploitation. As the population grows, so does the need for Adult Protective Services (APS). This study was conducted to examine current knowledge of older adult protection laws in Georgia among APS staff and to identify training opportunities to better prepare the APS workforce in case detection and intervention.

Methods: The Georgia State University Institute of Public Health faculty developed a primary survey in partnership with the Georgia Division of Aging Services' leadership to identify key training priority …


Prevention Of Identity Theft: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone Jul 2011

Prevention Of Identity Theft: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

With advances in technology and increases in impersonal electronic transactions, identity theft IT) is becoming a major problem in today’s society. One may ask why IT is growing in America. The answer is simple, as a review of literature reveals: IT is extremely hard to detect, prevent, and prosecute.

There are many ways people can protect themselves, their identities and secure their personal information; many do not concern themselves with this knowledge, however, until they become victims of this crime, themselves. With advances in technology, offenders are often turning to new methods to access information and use it for financial …


Using John Grisham's The Innocent Man To Create A Significant Learning Experience For Undergraduate Students In A Psychology And The Law Course, Emily Stark Jul 2011

Using John Grisham's The Innocent Man To Create A Significant Learning Experience For Undergraduate Students In A Psychology And The Law Course, Emily Stark

Psychology Department Publications

Imagine a man, suffering from alcoholism and schizophrenia, drifting through his small town, known mostly for getting thrown out of bars. When a graphic murder occurs, this man’s name gets linked to the victim, and police focus on him as a suspect. Although there is no evidence against him, a combination of poor police work and a town’s desire for closure lead to this innocent man being convicted of the crime and sentenced to death. Down to his last appeal, after spending 12 years on death row, a fair and honest judge is finally convinced to take a closer look …