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Legal Studies

2021

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Full-Text Articles in Social and Behavioral Sciences

Surviving Interlocutory Appeals: Trial Lawyer Edition, Grace Jun Dec 2021

Surviving Interlocutory Appeals: Trial Lawyer Edition, Grace Jun

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

This presentation provides an overview of Supreme Court caselaw regarding qualified immunity and government officials’ right to interlocutory appeal from denials of qualified immunity, and provides a brief discussion of ways trial lawyers can overcome interlocutory appeals to provide their injured plaintiffs with an opportunity to be heard and vindicated at trial by a jury.


Civil Rights And Protective Orders, Michael P. Doyle, Erin Brockway Dec 2021

Civil Rights And Protective Orders, Michael P. Doyle, Erin Brockway

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

“Open courts” are a bedrock principal of our judicial system, and court secrecy, including concealment of pretrial proceedings, poses a serious threat to public safety. Overbroad protective orders have concealed facts uncovered during litigation regarding some of the most important public harms, keeping them secret when the public needs protection. Protective orders routinely include provisions that allow parties to designate discovery material as “confidential” without further judicial review. These orders are often abused and result in unnecessary costs to litigants, the courts, and the public’s confidence in the court system. This is always a mistake because it harms the discovery …


Implicit Bias: Racism Without Racist, Genesis Draper Dec 2021

Implicit Bias: Racism Without Racist, Genesis Draper

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

Implicit bias is something that everyone has but many cannot identify within themselves. Judge Draper draws on caselaw, research, and anecdotes from her own career to demonstrate the ways that implicit bias can impede equitable and just court experiences for all. She argues for the importance of more diverse juries, implicit bias instruction early in the proceedings, and the use of Batson as remedies to counteract bias.


Investigating Officer Involved Shootings: Don’T Ignore The Evidence, Michael Maloney Dec 2021

Investigating Officer Involved Shootings: Don’T Ignore The Evidence, Michael Maloney

The Bridge: Interdisciplinary Perspectives on Legal & Social Policy

This presentation sheds light on a part of officer involved shootings not always discussed at a legal symposium: the potential bias that emerges at a crime scene during an investigation. The speaker explores the evidentiary challenges associated with an officer involved shooting, and describes the reconstruction project that he led as a consultant during the investigation and trial of off-duty police officer Amber Guyger, who was convicted of the murder of Botham Jean.


Transforming Criminal Justice Internships Into Capstone Courses: A Response To The Challenges Of The Covid-19 Crisis, Beau Shine, Kelly Brown Nov 2021

Transforming Criminal Justice Internships Into Capstone Courses: A Response To The Challenges Of The Covid-19 Crisis, Beau Shine, Kelly Brown

Midwest Social Sciences Journal

The COVID-19 pandemic in March 2020 resulted in the declaration of a national emergency that closed universities across the nation. With no warning, faculty were required to move classes from face-to-face to completely online instruction. This situation posed many difficulties, but particularly for faculty who were teaching and supervising students completing internships. Interns were removed from their internships abruptly as agencies and departments moved to essential personnel only. Faculty scrambled to create online learning experiences that met academic learning outcomes and the goals of criminal justice students enrolled in these courses. This paper details our experiences with these challenges, particularly …


Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh Nov 2021

Testing Privilege: Coaching Bar Takers Towards “Minimum Competency” During The 2020 Pandemic, Benjamin Afton Cavanaugh

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Ethnic Variations In Levels Of Conventional Bonding Among Different Black Adolescents In The United States: Implications For Behavioral Resilience, Shantol Mcintosh, Sherri Simmons-Horton, Frank Barnes Nov 2021

Ethnic Variations In Levels Of Conventional Bonding Among Different Black Adolescents In The United States: Implications For Behavioral Resilience, Shantol Mcintosh, Sherri Simmons-Horton, Frank Barnes

Contemporary Issues in Juvenile Justice

The quantitative study offers a description of how Caribbean-descended and African American adolescents in a national sample compare on strands of Hirschi’s conventional bond in terms of deviance and justice system involvement. Using a sample of 1,141 adolescents from the National Survey of American Life-Adolescent data, these groups were compared with tests of significance. The results indicate that belief and attachment are the most significant predictors of justice system contact. While Caribbean youth reported more deviance, this was not predictive of more justice system involvement than African Americans. Explanations for these findings and practice implications are offered.


The Overrepresentation Of Youth With Disabilities In The Juvenile Justice System, Keidra Mcgriff Nov 2021

The Overrepresentation Of Youth With Disabilities In The Juvenile Justice System, Keidra Mcgriff

Contemporary Issues in Juvenile Justice

This paper discusses the contributing factors and effects of youth[VD(1] with disabilities in the juvenile justice system. The disabilities discussed will be those of social, emotional, learning, and behavioral; presenting disconnections between these children, youth, educational system, and juvenile justice system. [VD(2] The juvenile justice system encompasses youth with behavior attributed to their disability that has been criminalized and thereby labeled as a delinquent. A juvenile delinquent is defined as "a minor who…commits anti-social or criminal acts, like vandalism or violence" (Dictionary.com, 2016). Such behavior could be disorderly conduct or temper tantrums that is criminalized as assault or general …


Miami-Dade County Status Offenders: A Literature Review Of Punishment And Rehabilitation Of Youth, Colette B. Harris Nov 2021

Miami-Dade County Status Offenders: A Literature Review Of Punishment And Rehabilitation Of Youth, Colette B. Harris

Contemporary Issues in Juvenile Justice

The number of juveniles in detention centers has decreased across the United States. Although overall incarceration rates of juveniles in Miami-Dade County have declined, the number of youths at risk for delinquent activity and the number of girls in detention centers has increased. In the last nine years, Florida legislators have created laws to eliminate zero-tolerance policies in county schools, lessened the punishment role of law enforcement officers for in-school behaviors, as well as minimized the presence of law enforcement officers on school grounds. Although Miami-Dade County has been a part of the reformation of the Florida juvenile justice system, …


Severe Emotional And Behavioral Problems: Barriers For Texas Youth Accessing Mental Health Court Programs, Justin Joseph Nov 2021

Severe Emotional And Behavioral Problems: Barriers For Texas Youth Accessing Mental Health Court Programs, Justin Joseph

Contemporary Issues in Juvenile Justice

Conduct disorder is a constellation of continuous emotional and behavioral problems observed in children and adolescents, which may involve violent and non-violent antisocial behaviors. The symptomology of this psychological disorder includes: disregarding rules without clear reason, cruel or aggressive behavior toward people or animals (e.g., bullying, fighting, using dangerous weapons, forcing sexual activity, and stealing), skipping school, excessive substance use, pathological lying, manipulation, running away, and vandalism (American Psychiatric Association (APA), 2013). Texas Juvenile Mental Health Courts are designed to reduce the number of detained youth, divert at-risk children, maintain community safety, and utilize multidisciplinary approaches to treat conduct disordered …


Right Against Self-Incrimination: Revealing The Mental Health History Of Justice-Involved Youth, Sesha Kethineni, Colette B. Harris Nov 2021

Right Against Self-Incrimination: Revealing The Mental Health History Of Justice-Involved Youth, Sesha Kethineni, Colette B. Harris

Contemporary Issues in Juvenile Justice

In the last two decades, the juvenile justice system has focused on the early identification of youth mental health to provide timely assessment and needed treatment. However, there are potential risks in divulging youth mental health status because the information is often made available to juvenile courts and probation departments. Many state statutes allow such information to be used in the admission of guilt, adjudication, and dispositional phases. The study reviewed state and federal statutes related to protections against self-incrimination of youth at eight different stages of the juvenile justice system. A systematic content analysis of secondary sources and legislative …


Migrant Misconceptions: A Review Of Literature On National Heritage, Immigration Status, And Juvenile Offending, Serita Whiting Nov 2021

Migrant Misconceptions: A Review Of Literature On National Heritage, Immigration Status, And Juvenile Offending, Serita Whiting

Contemporary Issues in Juvenile Justice

In 2020, the Pew Research Center reported over 40 million Latinx adults are immigrants and nearly 23% are U.S.-born adult children of immigrant parents. Some rhetoric that surrounds immigration is indicative of crime, criminals, and the need to build a wall to protect the U.S. border from migrant crossing. In the U.S., immigration policies apply a 'securitized' approach to criminal law enforcement involving Latinos. However, criminological literature indicates immigrants do not pose any more of a threat towards crime than a natural-born citizen. Continued research should be completed to better understand differences among immigrant youth compared to native-born Latino youth.


Atrapados Y Sin Salida: Explotación Delictiva De Niñas, Niños Y Adolescentes Venezolanos Migrantes Indocumentados En Colombia, Nicolasa M. Durán Palacio, Katy L. Millán Otero Srita Oct 2021

Atrapados Y Sin Salida: Explotación Delictiva De Niñas, Niños Y Adolescentes Venezolanos Migrantes Indocumentados En Colombia, Nicolasa M. Durán Palacio, Katy L. Millán Otero Srita

The Qualitative Report

Este texto devela las prácticas de explotación delictiva de niñas, niños y adolescentes migrantes venezolanos, sin estatus legal en Colombia, por parte de grupos armados ilegales y de las bandas de crimen organizado, especialmente en las fronteras colombo-venezolanas, lugar de tránsito de la población migrante indocumentada. A través de una revisión documental con diseño cualitativo, se identifican las lógicas de victimización de la población infantil migrante sin estatus legal, los riesgos a los que se enfrentan y los obstáculos legales migratorios que les afectan negativamente y que no pueden encarar, dada su condición de indocumentados y sin amparo de su …


Prayers In Prisons? The Politics And Performance Of Christian Faith-Based Initiatives In The Us, Ashley Edliq Oct 2021

Prayers In Prisons? The Politics And Performance Of Christian Faith-Based Initiatives In The Us, Ashley Edliq

Access*: Interdisciplinary Journal of Student Research and Scholarship

This article will address the mission of Christian Faith-Based Initiatives and the correlation of this mission to positive reform in the United States carceral state. The method of identifying positive reform is dependent on the increase in rehabilitation programs, the decrease in recidivism rates, and the anecdotal evaluation of reentry into society. The demographic will primarily focus on men and women between the ages 18 to 65, including all ethnic and racial backgrounds, and use the previous religious affiliation to predict the effectiveness of Christian Faith-Based Initiatives. This article will assess the level of significance of progressive Christian Faith-Based Initiatives …


Linguistic Branching Of Semantics In Arabic: A Social Approach, Hanan Ismael Amayreh, Mohammad Ismael Amayreh Oct 2021

Linguistic Branching Of Semantics In Arabic: A Social Approach, Hanan Ismael Amayreh, Mohammad Ismael Amayreh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

Linguist Branching is appropriate for Arabic Language as words branch out mostly from roots, and every root becomes a tree, which is different from others, not because of the tree itself, but because of what society uses. Language branching expresses the controversial relationship between the language and the rules that govern it from one side, and society’s preference of certain terms over others from the other side. This study tries to answer the following questions: does the language impose the used words, or does it offer options for society to choose what suits it? The study reaches a conclusion that …


The Reality Of Applying Governance Within The Criteria Of Quality Assurance At Schools Of Sport Science At Jordanian Universities, Sari Ahmad Hamdan, Fatima Marof Al-Khrisat Oct 2021

The Reality Of Applying Governance Within The Criteria Of Quality Assurance At Schools Of Sport Science At Jordanian Universities, Sari Ahmad Hamdan, Fatima Marof Al-Khrisat

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study examines the reality of applying governance within The Criteria of Quality Assurance at schools of Sport Science at Jordanian Universities from their members perspective. It also aims at finding out the differences in the schools' members perspective. The sample of the study consisted of (86) school members who work in (University of Jordan, Yarmouk University, Mu'tah University, Hashemite University, and Al-Ahliyya Amman University). To achieve the objectives of the study, the Descriptive approach was used. The results showed that the reality of applying governance came to a high degree, and they were statistically significant in the perspective of …


The Image Of The Andalusian Woman In Love And Adored In The Muwashahat Of The Sixth Century Ah In Andalusia, Ali Mosa A-Masha’Leh, Nawal Abd Rahman Al-Shawabkeh Oct 2021

The Image Of The Andalusian Woman In Love And Adored In The Muwashahat Of The Sixth Century Ah In Andalusia, Ali Mosa A-Masha’Leh, Nawal Abd Rahman Al-Shawabkeh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This research aims at exploring the image of the Andalusian woman in love and adored in the sixth hijri century of Andalusia. It explores the real image of women through Andalusian muwashahat and books of literature, translations and others. This research displays the image of the beloved woman and her relationship with her mother where washaheen discuss her beauty. As for the beloved woman, washaheen believe that she has the right to flirt with men, so she was given the chance to express herself using the last section of muwashat. The woman searches for her lover, so she goes to …


The Degree To Which The Use Of Modern Educational Technologies On The Quality Of Education And Its Development In Al-Ahliyya Amman University From The Viewpoint Of Faculty Members, Sawsan Badrakhan, Hafizah Muhammad Mahmoud, Feda Ghnaim, Suleiman Alnaimi Oct 2021

The Degree To Which The Use Of Modern Educational Technologies On The Quality Of Education And Its Development In Al-Ahliyya Amman University From The Viewpoint Of Faculty Members, Sawsan Badrakhan, Hafizah Muhammad Mahmoud, Feda Ghnaim, Suleiman Alnaimi

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The study aims at identifying the degree to which the use of modern educational technologies on the quality of education and its development in al-ahliyya Amman university from the viewpoint of faculty members by developing a questionnaire consisting of (20) items which were distributed to a random sample consisting of (198) faculty members. The results of the study showed that the most important modern technologies used in university education are: first, information network (the Internet) with a rate of (18.70%), and second, social networking sites, with a rate of (15.9%). The degree of impact of the use of modern technologies …


The Obstacles Faced By The Middle School Leaders Who Apply The Initiative Of Transition Towards Digital Learning, Amal Ibrahim Aldhafar Oct 2021

The Obstacles Faced By The Middle School Leaders Who Apply The Initiative Of Transition Towards Digital Learning, Amal Ibrahim Aldhafar

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims at identifying the obstacles faced by the middle school leaders when they apply The Initiative of Transition Towards Digital Learning as well as determining the degree of responses of middle school leaders to these obstacles according to variables such as; (years of experience and school size). In order to achieve the objectives of this study, the descriptive method and the questionnaire method were used. The above methods were applied and distributed amongst the (25) school leaders who applied The Initiative of Transition Towards Digital Learning. The study concluded that obstacles of the application of middle school leaders …


Type D Personality, And The Levels Of Anxiety And Depression In A Sample Of Cardiac Patients In Comparison To Their Non-Patient Counterparts, Fatma Faris Najjar, Wisam Breik Oct 2021

Type D Personality, And The Levels Of Anxiety And Depression In A Sample Of Cardiac Patients In Comparison To Their Non-Patient Counterparts, Fatma Faris Najjar, Wisam Breik

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The present study aims at exploring the prevalence of type D personality (distressed personality) and the levels of anxiety (trait) and depression in a sample of cardiac patients in comparison to their non-patient counterparts in Jordan. To achieve the objectives of the study, an adapted form of type D personality scale-DS14, Trait Anxiety Scale and Beck Inventory were utilized. The study sample consisted of 309 individuals; 306 of which cardiac patients (73 males and 83 females) whose illness is not due to congenital causes and 153 non-patients (83 males and 70 females) as a comparative group, who were chosen from …


Textual Consistency Mechanisms In The Poem "Lost Nostalgia" By Abu Alqasim Alshabbi, Esa Slah Al Tarawneh Oct 2021

Textual Consistency Mechanisms In The Poem "Lost Nostalgia" By Abu Alqasim Alshabbi, Esa Slah Al Tarawneh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The research addresses a significant topic related to (Text Linguistics) based on analyzing poetry speech textuality. The research tracks a textual occurrence as the base of assessing the text quality, which is "Textual Consistency”. The research will study the Textual Consistency mechanism in Abu Alqasim Alshabbi's poem, "Alashwaq Altae'ha", unfolding the consistency of its phonetics, vocabularies, and structural contents, highlighting the significant role of these mechanisms on this outstanding text in maintaining its unity, coherence and cohesion. The research adopted the Descriptive approach, using literary analysis. Key words: Textual Linguistics, Text, Consistency, Abu Alqasim Alshabbi, "Alashwaq Altae'ha”.


The Doctrine Of Functus Officio And Its Exceptions Under The Arbitration Law Of Jordan, Mosleh Ahmad Al Tarawneh, Jalal Mahmoud Al-Qhaiwi Oct 2021

The Doctrine Of Functus Officio And Its Exceptions Under The Arbitration Law Of Jordan, Mosleh Ahmad Al Tarawneh, Jalal Mahmoud Al-Qhaiwi

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study examines the doctrine of Functus Officio and its exceptions under the Jordanian Arbitration Law and its relation with the doctrine of res judicata. We will first shed the light on on the doctrine and the awards to which it apply. Then, we will examine the exceptions of the doctrine that alleviate the potential harshness of the doctrine. These exceptions are: correction of clerical error in the award, interpretation of ambiguities or obscurities in the text of the award and supplementation or the issuance of an additional award on matters or claims presented in the arbitral proceedings but omitted …


Advancing Behavioral Health Literacy, James Scollione Oct 2021

Advancing Behavioral Health Literacy, James Scollione

Journal of Social, Behavioral, and Health Sciences

Accessing, comprehending, and using information to make informed decisions and improve one’s overall health or well-being are the foci of health literacy. The concept of behavioral health was introduced in the early 1980s and, since then, it has influenced new ideas (e.g., behavioral health literacy and integrated behavioral health care) and gained research and public attention. My aim is to provide an overview of definitions (i.e., health literacy, mental health literacy, and behavioral health literacy) and their connection to each other. I propose an expanded and honed definition of behavioral health literacy to enhance the behavioral health literacy and well-being …


Career Preparedness: Perspectives From C&Cj Alumni At An Scu, Tracey Woodard, Courtney Mcdonald Sep 2021

Career Preparedness: Perspectives From C&Cj Alumni At An Scu, Tracey Woodard, Courtney Mcdonald

Teacher-Scholar: The Journal of the State Comprehensive University

State comprehensive universities (SCUs) feature degree programs designed to help graduates achieve their career aspirations. Criminology and Criminal Justice (C&CJ) programs have become popular at SCUs, in part because students are inspired by media portrayals of law enforcement to work in the criminal justice field. Yet little is known about how C&CJ alumni of SCUs perceive their educational experiences. For this exploratory study, an online survey was distributed to alumni of a Southern SCU C&CJ program. Alumni were asked about their perceptions of their own career preparedness following graduation and their satisfaction with the C&CJ program. Overall, alumni were satisfied …


Editorial Foreword Ijsls Volume 1 Number 1, Sulistyowati Irianto Sep 2021

Editorial Foreword Ijsls Volume 1 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

No abstract provided.


Legal Education In Indonesia, Adriaan Bedner, Jacqueline Vel Sep 2021

Legal Education In Indonesia, Adriaan Bedner, Jacqueline Vel

The Indonesian Journal of Socio-Legal Studies

Many of the discussions about legal education in Indonesia are similar to the ones conducted in other countries. They reflect the tension between a liberal legal education on the one hand and a vocational training on the other, as well as the tension between a legal education preparing students for legal practice and one preparing them for a broad range of generalist positions. However, we argue that legal education in Indonesia is also marred by problems of the legal system itself and by a lack of communication between its constituent parts – the judiciary, the legislative, the bar, public prosecutors, …


The Value And Scope Of The Term Femicide, Robert Brannon Sep 2021

The Value And Scope Of The Term Femicide, Robert Brannon

Dignity: A Journal of Analysis of Exploitation and Violence

The term femicide is useful in naming a wide range of sexist killings of women by men, just as “genocide” and “sexual harassment” named these respective other crimes and civil violations. Definitions and example of killings that are, and are not, femicides clarify the scope of the term. A number and variety of misogynistic killings of women can be documented. There is evidence that learning of the term of femicide has helped women to see and to combat femicides in their spheres. The term femicide has been embraced by the United Nations and by eight Latin American countries to date.


Sanctuary In The City Of Brotherly Love: Probing The Effectiveness And Broader Implications Of Philadelphia’S Sanctuary City Policies, Thomas A. Koenig Aug 2021

Sanctuary In The City Of Brotherly Love: Probing The Effectiveness And Broader Implications Of Philadelphia’S Sanctuary City Policies, Thomas A. Koenig

Gettysburg Social Sciences Review

Amidst the already fraught politics of immigration, “sanctuary” policies, whereby state and local law enforcement agencies limit their cooperation with federal immigration enforcement authorities to varying degrees, have emerged as a particularly contentious issue. This paper sifts past the political vitriol surrounding the issue of “sanctuary” and uses original survey research in Philadelphia to answer a straightforward question: Are these policies working? That is, are the city of Philadelphia’s sanctuary policies actually building trust between its undocumented residents and local law enforcement, thereby laying the groundwork for higher rates of crime reporting and safer communities? My results from a survey …


Review Of Women As War Criminals: Gender, Agency, And Justice, Christi Siver Aug 2021

Review Of Women As War Criminals: Gender, Agency, And Justice, Christi Siver

The Journal of Social Encounters

No abstract provided.


“I Don’T Know Where Else To Go”: Pathways To Re-Exploitation After Female Sex Trafficking Survivors In Cambodia Return Home, Tania Docarmo, Lim Vanntheary, Nhanh Channtha Aug 2021

“I Don’T Know Where Else To Go”: Pathways To Re-Exploitation After Female Sex Trafficking Survivors In Cambodia Return Home, Tania Docarmo, Lim Vanntheary, Nhanh Channtha

Dignity: A Journal of Analysis of Exploitation and Violence

Little is known about the experiences of human trafficking survivors over the long term. Why do some survivors experience re-victimization while others do not? Drawing from longitudinal interviews with 64 female sex trafficking survivors in Cambodia, we use qualitative comparative analysis to compare which conditions in the lives of survivors are associated with re-exploitation and which are associated with not experiencing re-exploitation. We found there are multiple factors associated with re-exploitation tied to poverty, debt, low education, and social isolation from friends, family, and the community. Poverty is a necessary condition but is not sufficient for explaining re-exploitation on its …