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Legal Studies

2021

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Articles 1 - 30 of 193

Full-Text Articles in Social and Behavioral Sciences

American Surrogacy: Babies For Sale?, Madison Edwards Dec 2021

American Surrogacy: Babies For Sale?, Madison Edwards

Honors Projects

More surrogacy contracts are fulfilled in the United States than in any other country (Bromfield, 2016, p. 193). In 2014, there were approximately 2,000 surrogacy arrangements in the U.S., yet the market is totally unregulated (Shellnutt and Grizzle, 2018, p. 31). Given that 1 in 6 American couples face infertility, there will continue to be a demand for alternative and assisted reproductive options (Shellnutt and Grizzle, 2018, p. 34). This paper seeks to explore several areas of surrogacy, including contract enforcement, potential problems parties in surrogacy agreements face, current legislation, the role of religion in surrogacy, and specific case studies. …


Criminal Justice And Criminal Justice News, Georgia Southern University Dec 2021

Criminal Justice And Criminal Justice News, Georgia Southern University

Criminal Justice & Criminology News (2012-2023)

No abstract provided.


Criminal Justice And Criminal Justice News, Georgia Southern University Dec 2021

Criminal Justice And Criminal Justice News, Georgia Southern University

Criminal Justice & Criminology News (2012-2023)

  • Internship Showcase


Criminal Justice And Criminal Justice News, Georgia Southern University Dec 2021

Criminal Justice And Criminal Justice News, Georgia Southern University

Criminal Justice & Criminology News (2012-2023)

  • Internship Showcase


Using Multiple Mendelian Randomization Approaches And Genetic Correlations To Understand Obesity, Urate, And Gout, Charleen D. Adams, Brian B. Boutwell Dec 2021

Using Multiple Mendelian Randomization Approaches And Genetic Correlations To Understand Obesity, Urate, And Gout, Charleen D. Adams, Brian B. Boutwell

Faculty and Student Publications

Observational studies suggest relationships between obesity, urate, and gout but are possibly confounded. We assessed whether genetically determined obesity, higher urate (and related traits), and gout were causal using multiple Mendelian randomization (MR) approaches and linkage disequilibrium score regression for genetic correlations (rg). For data, we used genome-wide association study summary statistics available through MR-Base. We observed that obesity increased urate (beta = 0.127; 95% CI = 0.098, 0.157; P-value = 1.2E−17; rg = 0.25 [P-value = 0.001]) and triglycerides (beta = 0.082; 95% CI = 0.065, 0.099; P-value = 1.2E−21; rg = 0.23 [P-value = 8.8E−12]) and decreased high-density …


Criminal Justice Update - December 2021, Patrick Mahoney Dec 2021

Criminal Justice Update - December 2021, Patrick Mahoney

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

  • Updates from PA Governor's Office (no updates this month)
  • Updates from the PA Legislature
    • Criminal Law & Procedure
  • Updates from the Courts
    • U.S. Supreme Court (no updates this month)
    • PA Supreme Court: Criminal Law & Procedure
    • PA Superior Court: Criminal Law & Procedure


Evaluation Of The Trunarc Handheld Narcotics Analyzer As A Pre-Analysis Screening Device For The Orange County Crime Lab, Sarah Yang, D. Bauer, C. Woltz, S. Soto, Michael Ibba Dec 2021

Evaluation Of The Trunarc Handheld Narcotics Analyzer As A Pre-Analysis Screening Device For The Orange County Crime Lab, Sarah Yang, D. Bauer, C. Woltz, S. Soto, Michael Ibba

Student Scholar Symposium Abstracts and Posters

Forensic analysis of suspected narcotics is often dangerous as the substances’ composition is unknown. Many techniques for drug identification require handling of the substance outside of its packaging, which can expose the analyst to potentially harmful chemicals. The TruNarc Handheld Narcotics Analyzer is a portable Raman spectroscopy device that is non-destructive of evidence and can be used to screen drugs through simple packaging to minimize the risk of exposure. The Orange County Crime Lab (OCCL) is testing the limits of this device to determine if it can be used to screen new evidence within the Seized Drugs Lab. The OCCL …


Corporate Crime And Punishment: An Empirical Study, Dorothy S. Lund, Natasha Sarin Dec 2021

Corporate Crime And Punishment: An Empirical Study, Dorothy S. Lund, Natasha Sarin

All Faculty Scholarship

For many years, law and economics scholars, as well as politicians and regulators, have debated whether corporate criminal enforcement overdeters beneficial corporate activity or in the alternative, lets corporate criminals off too easily. This debate has recently expanded in its polarization: On the one hand, academics, judges, and politicians have excoriated enforcement agencies for failing to send guilty bankers to jail in the wake of the 2008 financial crisis; on the other, the U.S. Department of Justice has since relaxed policies that encouraged individual prosecutions and reduced the size of fines and number of prosecutions. A crucial and yet understudied …


Race, Gender, And Domestic Violence, Faith Harris, Katrina Cokain Nov 2021

Race, Gender, And Domestic Violence, Faith Harris, Katrina Cokain

Fall Showcase for Research and Creative Inquiry

Race and gender, as significant social locations, have an impact on many facets of life. One of these areas is the experience of victimization, particularly Intimate Partner Violence (IPV). Race and gender impact who perpetrates, their views towards IPV, who is victimized, the victim's experiences with the Criminal Justice System, and the preparedness of supportive services to assist these victims.


Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein Nov 2021

Legal Corpus Linguistics And The Half-Empirical Attitude, Anya Bernstein

Journal Articles

Legal writers have recently turned to corpus linguistics to interpret legal texts. Corpus linguistics, a social-science methodology, provides a sophisticated way to analyze large data sets of language use. Legal proponents have touted it as giving empirical grounding to claims about ordinary language, which pervade legal interpretation. But legal corpus linguistics cannot deliver on that promise because it ignores the crucial contexts in which legal language is produced, interpreted, and deployed.

First, legal corpus linguistics neglects the relevant legal context—the conditions that give legal language authority. Because of this, legal corpus studies’ evidence about language use perversely obscures and misstates …


Criminal Justice Update - November 2021, Patrick Mahoney Nov 2021

Criminal Justice Update - November 2021, Patrick Mahoney

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

  • Updates from PA Governor's Office (no updates this month)
  • Updates from the PA Legislature
    • Criminal Law & Procedure
  • Updates from the Courts
    • U.S. Supreme Court (no updates this month)
    • PA Supreme Court: Criminal Law & Procedure
    • PA Superior Court: Criminal Law & Procedure


Program Review: Criminal Justice Department, Timbre Wulf, Julie Campbell, Jessica Peterson, Kyle Harshbarger Oct 2021

Program Review: Criminal Justice Department, Timbre Wulf, Julie Campbell, Jessica Peterson, Kyle Harshbarger

Academic Program Reviews

No abstract provided.


Using Google Alerts To Study Police Crime, Chloe Wentzlof, Philip M. Stinson, John Liederbach Oct 2021

Using Google Alerts To Study Police Crime, Chloe Wentzlof, Philip M. Stinson, John Liederbach

Criminal Justice Faculty Publications

Presentation from the annual meeting of the Criminology Consortium on October 18, 2021.


Increasing Diversity In Leadership: Perspectives Of Four Black Women Educational Leaders In The Context Of The United States, Natasha N. Johnson, Janice Fournillier Oct 2021

Increasing Diversity In Leadership: Perspectives Of Four Black Women Educational Leaders In The Context Of The United States, Natasha N. Johnson, Janice Fournillier

CJC Publications

This paper is a collation of the vicarious experiences of four Black women, all senior-level educational leaders in the United States of America. Considering the predominance of White males in educational leadership, our paper furthers the conversation around increasing race-gender diversification in this realm. We employed the tenets of hermeneutic phenomenology, focusing on the intersections of race and gender, in the effort to challenge extant epistemologies manifested within this context. Using in-depth, timed, semi-structured interviews, participants reflected on their journeys, experiences, and perceptions as non-archetypal leaders in education. In highlighting contributors’ perspectives, our objective was to bring the matter of …


The Fast & The Furious…Torturous?: Examining The Impact Of Torture Scenes In Popular Films On Public Perceptions Of Torture Policy, Erin M. Kearns, Casey Delehanty Oct 2021

The Fast & The Furious…Torturous?: Examining The Impact Of Torture Scenes In Popular Films On Public Perceptions Of Torture Policy, Erin M. Kearns, Casey Delehanty

Criminology and Criminal Justice Faculty Publications

Entertainment media regularly depict torture as effective. Indeed, most popular films contain torture—often outside of counterterrorism-specific plotlines. In the counterterrorism-specific context, watching a scene where torture works increases support for the practice. Yet counterterrorism-specific media is a niche genre, and we do not know if this holds for torture scenes more generally. We address this gap with a 4 (movie rating) x 3 (scene type) experiment with U.S. adults. While participants recognized that torture scenes are in fact torture, viewing these scenes did not impact support for the practice. Findings suggest that media’s influence on views about torture is more …


Gender And Criminal Justice Responses To Terrorism In The United States, Summer Jackson, Jeff Gruenewald, Katie Ratcliff Oct 2021

Gender And Criminal Justice Responses To Terrorism In The United States, Summer Jackson, Jeff Gruenewald, Katie Ratcliff

Research Projects

This brief summarizes findings from a recent study published in Crime & Delinquency titled "Gender and Criminal Justice Responses to Terrorism in the United States" (available at: https://doi.org/10.1177/00111287211047535 ). Using data from the American Terrorism Study (ATS), this study examine show gender varies across federal terrorism cases, how gender shapes federal terrorism case outcomes, and how combinations of relevant case attributes uniquely impact court outcomes for males and females.

Data include a sample of 2,147 defendants in terrorism-related cases across several types of legal measures: charge type, number of charges, whether or not the prosecutor references terrorism (e.g., relying on …


Creating A Home Base For Treatment In Homeless Courts, Kyle C. Troeger Oct 2021

Creating A Home Base For Treatment In Homeless Courts, Kyle C. Troeger

Student Publications

As the number of unsheltered homeless increases, an alternative to criminalization, homeless courts, have also become more common. 18 States currently have one or more specialty court programs dedicated to meting out alternative sentencing to the local homeless. Homeless courts are a rehabilitative process with the end goal of reintegration into society. They allow nonviolent misdemeanors to be resolved without jail time or fines. In lieu of traditional sentencing is community service and mandated self-improvement. This chapter examines the current criminalization, and history, of homelessness in the United States. Of primary interest is the development of homeless courts as an …


Criminal Justice Update - October 2021, Patrick Mahoney Oct 2021

Criminal Justice Update - October 2021, Patrick Mahoney

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

  • Updates from PA Governor's Office (no updates this month)
  • Updates from the PA Legislature
    • Criminal Law & Procedure
  • Updates from the Courts
    • U.S. Supreme Court: Criminal Law & Procedure (no updates this month)
    • PA Supreme Court: Criminal Law & Procedure
    • PA Superior Court: Criminal Law & Procedure


Evaluating The Pragmatic And Moralistic Approach To Drug Policy And Addiction In Opioid Epidemic Outcomes, Brielle Seidel Oct 2021

Evaluating The Pragmatic And Moralistic Approach To Drug Policy And Addiction In Opioid Epidemic Outcomes, Brielle Seidel

Independent Study Project (ISP) Collection

Drug use, policy and outcomes differ in all countries; however, trends exist in response to these circumstances and can typically be evaluated through a pragmatic and moralistic lens. The public health, and evidence-based pragmatic approach differs from the law enforcement-centered moralistic approach, specifically in outcomes of people suffering from substance use disorder. Particularly for opioid use disorder, countries that have taken the pragmatic approach in response to opioid epidemics have had dramatic results. Two of the countries discussed include Switzerland and Portugal, with additional information on the Netherlands. In contrast, current opioid epidemics exist in certain countries who maintain a …


Proportionality, Constraint, And Culpability, Mitchell N. Berman Sep 2021

Proportionality, Constraint, And Culpability, Mitchell N. Berman

All Faculty Scholarship

Philosophers of criminal punishment widely agree that criminal punishment should be “proportional” to the “seriousness” of the offense. But this apparent consensus is only superficial, masking significant dissensus below the surface. Proposed proportionality principles differ on several distinct dimensions, including: (1) regarding which offense or offender properties determine offense “seriousness” and thus constitute a proportionality relatum; (2) regarding whether punishment is objectionably disproportionate only when excessively severe, or also when excessively lenient; and (3) regarding whether the principle can deliver absolute (“cardinal”) judgments, or only comparative (“ordinal”) ones. This essay proposes that these differences cannot be successfully adjudicated, and one …


Blameworthiness, Desert, And Luck, Mitchell N. Berman Sep 2021

Blameworthiness, Desert, And Luck, Mitchell N. Berman

All Faculty Scholarship

Philosophers disagree about whether outcome luck can affect an agent’s “moral responsibility.” Focusing on responsibility’s “negative side,” some maintain, and others deny, that an action’s results bear constitutively on how “blameworthy” the actor is, and on how much blame or punishment they “deserve.” Crucially, both sides to the debate assume that an actor’s blameworthiness and negative desert are equally affected—or unaffected—by an action’s results. This article challenges that previously overlooked assumption, arguing that blameworthiness and desert are distinct moral notions that serve distinct normative functions: blameworthiness serves a liability function (removing a bar to otherwise impermissible treatments), whereas desert serves …


Organization And Accessibility Of Information Resources In Federal High Court Libraries In North-East Geo-Political Zone Of Nigeria, Muhammad Murtala Ibrahim, Amina Barkindo Sep 2021

Organization And Accessibility Of Information Resources In Federal High Court Libraries In North-East Geo-Political Zone Of Nigeria, Muhammad Murtala Ibrahim, Amina Barkindo

Library Philosophy and Practice (e-journal)

Information organization and accessibility are part of the core functions of any special library. The need for organization is necessary to accomplished a planned library's goals. Effective organization provides effective retrieval and use of the resources and also saves time for both the user and the information professional. This study highlights and describe the method of information organization and access in the Federal High Courts libraries in North-eastern geo-political zone of Nigeria. It also discusses the various ways the federal high court libraries Organize information resources, the means for information access and the challenges associated with the organization and accessibility …


On-Duty Fatal Police Shootings:Patterns Of Officers Charged With Murder Or Manslaughter, 2005-2020, Chloe Wentzlof, Philip M. Stinson Sep 2021

On-Duty Fatal Police Shootings:Patterns Of Officers Charged With Murder Or Manslaughter, 2005-2020, Chloe Wentzlof, Philip M. Stinson

Criminal Justice Faculty Publications

Presentation at the Annual Meeting of the Midwestern Criminal Justice Association in Chicago, IL, on September 24, 2021.


Bench Vs. Jury Trials: Sentencing And Conviction Outcomes For Criminally Charged Police Officers, Bethany R. Sager, Chloe Wentzlof, Philip M. Stinson Sep 2021

Bench Vs. Jury Trials: Sentencing And Conviction Outcomes For Criminally Charged Police Officers, Bethany R. Sager, Chloe Wentzlof, Philip M. Stinson

Criminal Justice Faculty Publications

Presentation at the Annual Meeting of the Midwestern Criminal Justice Association in Chicago, IL, on September 24, 2021.


Detecting Child Sexual Abuse Images: Traits Of Child Sexual Exploitation Hosting And Displaying Websites, Enrique Guerra, Bryce G. Westlake Sep 2021

Detecting Child Sexual Abuse Images: Traits Of Child Sexual Exploitation Hosting And Displaying Websites, Enrique Guerra, Bryce G. Westlake

Faculty Research, Scholarly, and Creative Activity

Background
Automated detection of child sexual abuse images (CSAI) often relies on image attributes, such as hash values. However, electronic service providers and others without access to hash value databases are limited in their ability to detect CSAI. Additionally, the increasing amount of CSA content being distributed means that a large percentage of images are not yet cataloged in hash value databases. Therefore, additional detection criteria need to be determined to improve identification of non-hashed CSAI.
Objective
We aim to identify patterns in the locations and folder/file naming practices of websites hosting and displaying CSAI, to use as additional detection …


The Cognitive, Affective And Somatic Empathy Scales For Adults, Adrian Raine, Frances Chen, Rebecca Waller Sep 2021

The Cognitive, Affective And Somatic Empathy Scales For Adults, Adrian Raine, Frances Chen, Rebecca Waller

CJC Publications

The Cognitive, Affective and Somatic Empathy Scales (CASES) assess three forms of empathy, each with subscales for positive and negative empathy. The present study extends this child instrument to adults and examines its factor structure and construct validity. A secondary aim is to investigate the under-researched area of positive empathy. Community samples totaling 2604 adults completed the CASES for adults, together with scales assessing construct validity. Confirmatory factor analysis supported the three-factor cognitive-affective-somatic model and a two-factor positive-negative empathy model. Findings were replicated in a second independent sample. Internal reliabilities ranged from 0.80 to 0.92. Individuals with higher psychopathy and …


U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams Sep 2021

U.S. Policing As Racialized Violence And Control: A Qualitative Assessment Of Black Narratives From Ferguson, Missouri, Jason M. Williams

Department of Justice Studies Faculty Scholarship and Creative Works

U.S. policing has long been captured within a master narrative of colorblind consensus; however, distinct lived experiences between community groups depict grave disparities in law enforcement experiences and perceptions. Orthodox conceptions of law enforcement ultimately silence marginalized voices disproportionately affected by negative contacts with law enforcement. Centering data in critical theory, this study will present thematic results from semi-interviews gathered in Ferguson, M.O., during a critical ethnographic research project. Themes reveal experiences and perceptions of racialized and violent policing, the unique position of Black officers, and regard for the impact police have on children. Results also help to foreground new …


Must Consent Be Informed? Patient Rights, State Authority, And The Moral Basis Of The Physician's Duties Of Disclosure, D. Robert Macdougall Sep 2021

Must Consent Be Informed? Patient Rights, State Authority, And The Moral Basis Of The Physician's Duties Of Disclosure, D. Robert Macdougall

Publications and Research

Legal standards of disclosure in a variety of jurisdictions require physicians to inform patients about the likely consequences of treatment, as a condition for obtaining the patient’s consent. Such a duty to inform is special insofar as extensive disclosure of risks and potential benefits is not usually a condition for obtaining consent in non-medical transactions.

What could morally justify the physician’s special legal duty to inform? I argue that existing justifications have tried but failed to ground such special duties directly in basic and general rights, such as autonomy rights. As an alternative to such direct justifications, I develop an …


Legal Positivism As A Theory Of Law’S Existence: A Comment On Margaret Martin’S "Judging Positivism", Jorge Luis Fabra-Zamora Sep 2021

Legal Positivism As A Theory Of Law’S Existence: A Comment On Margaret Martin’S "Judging Positivism", Jorge Luis Fabra-Zamora

Journal Articles

This comment critically examines the conception of legal positivism that informs Margaret Martin’s interesting and multilayered challenge against the substance and method of this intellectual tradition. My central claim is that her characterization of the substantive theory of legal positivism sets aside a more fundamental and explanatory prior dimension concerning the positivist’s theory of the existence of legal systems and legal norms. I also argue that her understanding of the positivist’s descriptive methodology as a nonnormative project is too demanding and overlooks both the relationships between law and morality recognized by contemporary legal positivists and the pivotal distinction between internal …


Las Vegas Metropolitan Police Department (Lvmpd) Budget Review, Fiscal Years 2018-2021, Olivia K. Cheche, Elia Del Carmen Solano-Patricio, Caitlin J. Saladino, William E. Brown Jr. Aug 2021

Las Vegas Metropolitan Police Department (Lvmpd) Budget Review, Fiscal Years 2018-2021, Olivia K. Cheche, Elia Del Carmen Solano-Patricio, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

The Las Vegas Metropolitan Police Department’s (LVMPD) annual budget increased every fiscal year (FY) from 2018 to 2021. Using data provided by the LVMPD’s final budget reports for FY 2018 to 2021, this Fact Sheet details LVMPD funding increases and summarizes budget expenditures by unit and area command.