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Legal Studies

2021

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Articles 31 - 60 of 110

Full-Text Articles in Social and Behavioral Sciences

Level Of Engagement With Social Networking Services And Fear Of Online Victimization: The Role Of Online Victimization Experiences, Yeonjae Park, Lynne M. Vieraitis Aug 2021

Level Of Engagement With Social Networking Services And Fear Of Online Victimization: The Role Of Online Victimization Experiences, Yeonjae Park, Lynne M. Vieraitis

International Journal of Cybersecurity Intelligence & Cybercrime

No abstract provided.


Editorial Introduction To The Special Issue: Supporting Future Scholarship On Cybercrime, Jaeyong Choi, Brandon Dulisse, Richard L. Wentling, Nathan Kruis Aug 2021

Editorial Introduction To The Special Issue: Supporting Future Scholarship On Cybercrime, Jaeyong Choi, Brandon Dulisse, Richard L. Wentling, Nathan Kruis

International Journal of Cybersecurity Intelligence & Cybercrime

This editorial introduction will present an overview of the three papers published in this special issue of the International Journal of Cybersecurity Intelligence and Cybercrime. The winners of the student paper competition during the 2021 Whitehat Conference have prepared their papers for this special issue. Their research directs our attention to key issues regarding cybercrime that have often been overlooked in the literature ranging from North Korean cyberterrorism to the relationship between COVID-19 and cybercrime and to fear of online victimization.


Malware Infections In The U.S. During The Covid-19 Pandemic: An Empirical Study, Sydney Gero, Sinchul Back, Jennifer Laprade, Joonggon Kim Aug 2021

Malware Infections In The U.S. During The Covid-19 Pandemic: An Empirical Study, Sydney Gero, Sinchul Back, Jennifer Laprade, Joonggon Kim

International Journal of Cybersecurity Intelligence & Cybercrime

The COVID-19 pandemic has changed the world in many ways, especially in the landscape of cyber threats. The pandemic has pro-vided cybercriminals with more opportunities to commit crimes due to more people engaging in online activities, along with the increased use of computers for school, work, and social events. The current study seeks to explore cybercrime trends, in particular malware infections, during the COVID-19 pandemic. Thus, this study examines the relationship between the number of malware in-fections, COVID-19 positive cases, closed non-essential businesses, and closed K-12 public schools in the United States. Data utilized in this study derives from (1) …


“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 …


The Return Of A Judicial Artifact? How The Supreme Court Could Examine The Question Of The Nondelegation Doctrine’S Place In Future Cases, Dalton Davis Jul 2021

The Return Of A Judicial Artifact? How The Supreme Court Could Examine The Question Of The Nondelegation Doctrine’S Place In Future Cases, Dalton Davis

Helms School of Government Undergraduate Law Review

No abstract provided.


Moving From Policies To Performance: Complexities And Evidence, Patrick J. Keenan Jul 2021

Moving From Policies To Performance: Complexities And Evidence, Patrick J. Keenan

Georgia Journal of International & Comparative Law

No abstract provided.


Making The Optimistic Case For Policing Reform: Police As Partners And Reform As True To Democratic Values And America's Vision Of Itself, Dr. Ihsan Alkhatib Jul 2021

Making The Optimistic Case For Policing Reform: Police As Partners And Reform As True To Democratic Values And America's Vision Of Itself, Dr. Ihsan Alkhatib

Georgia Journal of International & Comparative Law

No abstract provided.


Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe Jul 2021

Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe

Georgia Journal of International & Comparative Law

No abstract provided.


How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan Jul 2021

How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan

Georgia Journal of International & Comparative Law

No abstract provided.


Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams Jul 2021

Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams

Georgia Journal of International & Comparative Law

No abstract provided.


Indigenous Reintegrative Shaming: A Comparison Of Indigenous Legal Traditions Of Canada And Braithwaite's Theory Of Reintegrative Shaming, Emily Sinclair Jul 2021

Indigenous Reintegrative Shaming: A Comparison Of Indigenous Legal Traditions Of Canada And Braithwaite's Theory Of Reintegrative Shaming, Emily Sinclair

Bridges: An Undergraduate Journal of Contemporary Connections

Upon the arrival of European settlers in Canada, Indigenous legal traditions have continuously been undermined as customary law with an insignificant role in crime prevention and sanctioning. This paper will argue that Indigenous legal traditions deserve a larger role in Indigenous self-governance as their customs demonstrate aspects of crucial crime prevention theories such as Braithwaite’s theory of reintegrative shaming. The interconnection between reintegrative shaming and Indigenous legal traditions pre-contact and post-contact demonstrate concepts of community socialization, informal sanctions and restorative practices that foster the wellbeing of the community, victims and offenders. As such, Braithwaite’s theory demonstrates the importance of each …


Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson Jun 2021

Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson

William & Mary Journal of Race, Gender, and Social Justice

The need for a fully functioning forensic system has been identified by the Liberian government and international partners, but it has not been addressed. This Article argues that despite a robust framework put in place to create accountability for rape, Liberia needs a system of collecting and processing forensic evidence to increase the success rate of prosecutions that currently fail due to the inadequacy of non-forensic evidence.


Taking Restorative Justice Seriously, Adriaan Lanni Jun 2021

Taking Restorative Justice Seriously, Adriaan Lanni

Buffalo Law Review

Those seeking to reduce mass incarceration have increasingly pointed to restorative justice—an approach that typically brings thoseaffected by a criminal offense together in an attempt to address the harmcaused by the offense rather than to mete out punishment. This Article is an attempt to think seriously about incorporating restorative justice throughout the criminal legal system. For restorative justice proponents, expanding these practices raises a host of questions: Does the opportunity to alleviate mass incarceration justify collaboration with a deeply flawed criminal legal system? Will the threat of criminal prosecution destroy the voluntariness and sincerity that is essential for a successful …


Letter From The Editor 2021, Dujpew Editorial Board Jun 2021

Letter From The Editor 2021, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.


Volume I | Issue Iii | 2021, Dujpew Editorial Board Jun 2021

Volume I | Issue Iii | 2021, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.


Minority Representation On The U.S. Court Of Appeals: Do Foreign-Born Judges Influence Immigration Case Outcomes?, Bianca Ortiz-Miskimen Jun 2021

Minority Representation On The U.S. Court Of Appeals: Do Foreign-Born Judges Influence Immigration Case Outcomes?, Bianca Ortiz-Miskimen

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

This paper assesses the impacts of minority representation on judicial decision- making within three-judge panels on the Ninth Circuit of the U.S. Court of Appeals. While much

of the existing literature regarding this issue has looked at racial and gender minorities in the federal judiciary, this paper seeks to identify whether the presence of foreign-born judges on appellate panels has an effect on the holdings of immigration-related cases. To address this question, I compiled an original database of 200 immigration cases decided between 2016 and 2020. The results reaffirm previous findings that panels with at least one female judge or …


Sexual Violence And Sex Trafficking: An Observation Of Developing International Law And Its Implementation, Hannah Kate Albach Jun 2021

Sexual Violence And Sex Trafficking: An Observation Of Developing International Law And Its Implementation, Hannah Kate Albach

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

Margot Walström, Special Representative of the UN Secretary-General on Sexual Violence defines sexual violence as a "way of demonstrating power and control. It inflicts fear on the whole community. And it is unfortunately a very effective, cheap and silent weapon with a long-lasting effect on every society.” Despite the universal damage of sexual violence throughout history, international law did not begin to develop a response to such crimes until the 1990s. Worldwide fear and shame associated with atrocities of sexual violence, difficulty defining it across cultures, challenges to accurate data collection, and lack of collective action all contribute to the …


Tracking The Tracing: A Global Investigation Of Privacy Issues In The Age Of Covid-19, Jessie Miller Jun 2021

Tracking The Tracing: A Global Investigation Of Privacy Issues In The Age Of Covid-19, Jessie Miller

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

As the COVID-19 pandemic tore through the globe, policymakers grappled with two key questions. First, to what extent could new tools to collect and analyze data on a massive scale help limit the virus’s spread and, second, how would the collection of that data impact the privacy rights of individuals? This paper examines both questions and reveals how nation-specific traditions, values, and leaders shaped the delicate balance between the right to privacy and the protection of the population from COVID-19. An exploration of the surveillance techniques developed in response to the SARS and HIV pandemics reveals the growing consensus around …


Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar Jun 2021

Marriage Or License To Rape? A Socio-Legal Analysis Of Marital Rape In India, Vidhik Kumar

Dignity: A Journal of Analysis of Exploitation and Violence

Rape exposes the failure of society’s institutions which were established to provide better security to an individual in a society. These institutions sometimes not only failed to protect an individual from such grave assaults on their autonomy and privacy, but also sanctioned them by either providing them legitimacy by law or not illegitimating them. States often have either provided legal sanctity to rapes within marriage or have refrained from declaring it a crime, on account of it being a private sphere not open to interference. Rape within marriage or marital rape is a global problem, and it is argued that …


Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan Jun 2021

Early Survivor Voices And Primary Sources. Modern Slavery: A Documentary And Reference Guide By Laura J. Lederer, Sandra Morgan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Book Review: Criminalizing Atrocity: The Global Spread Of Criminal Laws Against International Crimes, Verónica Michel May 2021

Book Review: Criminalizing Atrocity: The Global Spread Of Criminal Laws Against International Crimes, Verónica Michel

Genocide Studies and Prevention: An International Journal

Book review of the book Criminalizing Atrocity: The Global Spread of Criminal Laws against International Crimes by Mark S. Berlin.


Victims Of Crime, Kellie A. Parkin May 2021

Victims Of Crime, Kellie A. Parkin

The Mid-Southern Journal of Criminal Justice

An exploratory analysis of victims of crime, their rights in the criminal justice system, and the shortcomings of resources. The first section will highlight important milestones throughout the victim rights movement in history. After analyzing the research, it is clear the United States was behind in offering these rights to victims. The paper goes on to identify the lack of uniformity and lack of resources victims must endure. Lastly, the paper will offer a common counterargument to one very important right victim’s frequently practice, that is the right to be heard.


Improving Policing: Criticisms And Supports, Hannah M. Stephens May 2021

Improving Policing: Criticisms And Supports, Hannah M. Stephens

The Mid-Southern Journal of Criminal Justice

In today's society, there are many critical factors surrounding the profession of law enforcement. In the midst of allegations such as corruption, racism, and use of force, policing has lost its favor in the eyes of the public. By taking a closer look at these issues and the various ways of correcting their problems, perhaps true policing can once again be a source of effectiveness and pride in our criminal justice system. Traditional policing holds many values that have been lost. If our justice system and the public's trust in it is to be restored, education, various approaches to crime, …


Diversity In Criminal Justice Education, Cody Salvatore May 2021

Diversity In Criminal Justice Education, Cody Salvatore

The Mid-Southern Journal of Criminal Justice

The absence of a proper understanding of diversity feeds into an already poor relationship between the criminal justice system and marginalized communities who often harbor fear and resentment towards the criminal justice system. This can be linked to the overall lack of diversity courses within criminal justice curriculums, as the absence of these courses leads to a lessened quality of education for criminal justice professionals and distrust from marginalized communities. The LGBT community exemplifies this, and its history and current relationship with the criminal justice system are presented in this study. While criminal justice education is successful in its endeavors …


Nigeria's Plight: The Causes, Crimes, And Casualties Of Boko Haram, Brandi Dunfee May 2021

Nigeria's Plight: The Causes, Crimes, And Casualties Of Boko Haram, Brandi Dunfee

The Mid-Southern Journal of Criminal Justice

This paper provides a brief history of Boko Haram including one of the group’s infamous attacks, the Nigerian government’s response to the insurgency, and whether the group has succeeded in promoting their ideals. The group has a long history of condemning Western education and encouraging an Islamic state. Since Boko Haram has been active, they have displaced thousands of Nigerians from their homes, in some cases even kidnapping them. A large kidnapping of schoolgirls from a university is one of their most notorious terrorist acts. Their motives for the kidnappings were to enforce Islam nationwide and to free their members …


Examining The Quality Of Representation By Public Defenders Compared To Private Attorneys, Brianna M. Ovalle May 2021

Examining The Quality Of Representation By Public Defenders Compared To Private Attorneys, Brianna M. Ovalle

The Mid-Southern Journal of Criminal Justice

The overwhelming majority of federal and state defendants are indigent, meaning counsel must be obtained on behalf of them. If public defenders were not made available for these types of defendants, the defendants could not afford representation on their own. Because limited options are available for indigent defendants, public defenders are often appointed to represent them. Due to the nature of public defenders, critics question public defender credibility and the quality of representation they offer. Studies have attempted to examine this very topic, and while the majority have found no differences between public defenders and private attorneys in terms of …


Examining Cyberstalking Victimization Using Routine Activities And Lifestyle-Routine Activities Theories: A Critical Literature Review, Katie J. Nutter May 2021

Examining Cyberstalking Victimization Using Routine Activities And Lifestyle-Routine Activities Theories: A Critical Literature Review, Katie J. Nutter

The Mid-Southern Journal of Criminal Justice

Lifestyle and routine activities models are often used in criminological research to examine crime victimization. Routine activities and lifestyle-routine activities theories both propose crime occurs when there is a physical convergence of time and space between a motivated offender and a suitable target, with the absence of a capable guardian. However, crimes committed in cyberspace are without the proposed physical interaction. Due to the emergence of the Internet, stalking victimization has been rapidly occurring in the realm of cyberspace, which is a disorganized environment for crime to occur. In this critical literature review, a review of pertinent research will be …


Editors' Welcome, Cassandra B. Whyte Dr., Stephen Young May 2021

Editors' Welcome, Cassandra B. Whyte Dr., Stephen Young

The Mid-Southern Journal of Criminal Justice

No abstract provided.


A Look Into Wrongful Conviction Within The U.S. Justice System, Isabella T. Likos May 2021

A Look Into Wrongful Conviction Within The U.S. Justice System, Isabella T. Likos

The Downtown Review

The United States justice system has principles in place in order to prevent wrongful convictions such as the presumption of innocence and having to prove beyond a reasonable doubt. However, even with these principles in places there are times that people are wrongfully convicted. There are multiple reasons why wrongful conviction occur, including false confessions and erroneous eyewitness testimony. Wrongful conviction impacts not only the wrongfully convicted, but their family, friends, and the victims. While wrongful convictions do happen, there are steps that can be taken going forward that can help prevent them and exonerate the wrongfully convicted.


The Rise Of Police Militarization And Impact On Civilians, Araceli Marquez May 2021

The Rise Of Police Militarization And Impact On Civilians, Araceli Marquez

Themis: Research Journal of Justice Studies and Forensic Science

Across the country, police are using aggressive, military-style policing tactics to enforce the law. These aggressive tactics disproportionately affect minorities and residents of lower-income communities. Recent protests by the Black Lives Matter movement have taken place in response to the deaths of individuals such as George Floyd and Breonna Taylor. Aggressive police presence at these demonstrations has been prominent, despite protesters’ peaceful intent. The police are not only present at rallies and protests but also at celebratory events like major cities' sports celebrations. This paper examines militarization as a result of the War on Drugs, the 1033 program, racial politics, …