Legal Studies Commons^™

Racial Disparities In The United States Criminal Justice System: “With Liberty And Justice For All?”, Remi Alapo, David Rockefeller

Publications and Research

Racial discrimination remains a prevalent issue in the contemporary U.S. despite efforts to promote equality. Many young African American and Hispanic males are easy target for law enforcement agents. Minorities experience a higher and more unfair form of racial discrimination, racial profiling, police brutality, unfair sentencing, and mass incarceration for offences which are the same or less than those committed by White males. The rate of incarceration in the United States is five to eight times higher than most developed countries, and Black males constitute the largest percentage of inmates in the U.S. prison system. Once arrested, Black Americans are …

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

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

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …

Texas Indian Holocaust And Survival: Mcallen Grace Brethren Church V. Salazar, Milo Colton

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

When the first Europeans entered the land that would one day be called Texas, they found a place that contained more Indian tribes than any other would-be American state at the time. At the turn of the twentieth century, the federal government documented that American Indians in Texas were nearly extinct, decreasing in number from 708 people in 1890 to 470 in 1900. A century later, the U.S. census recorded an explosion in the American Indian population living in Texas at 215,599 people. By 2010, that population jumped to 315,264 people.

Part One of this Article chronicles the forces contributing …

Sometimes Merely As A Means: Why Kantian Philosophy Requires The Legalization Of Kidney Sales, D. Robert Macdougall

Publications and Research

Several commentators have tried to ground legal prohibitions of kidney sales in some form of Kant’s moral arguments against such sales. This paper reconsiders this approach to justifying laws and policies in light of Kant’s approach to law in his political philosophy. The author argues that Kant’s political philosophy requires that kidney sales be legally permitted, although contracts for such sales must remain unenforceable. The author further argues that Kant’s approach to laws, such as those governing kidney distribution, was formed in part by considering and rejecting an assumption frequently employed in the bioethics literature, namely, that legal duties can …

Gender Based Violence In India: An Analysis Of National Level Data For Theory, Research And Prevention, Dhanya Babu

Student Theses

Gender based violence is a human rights violation, both the causes and impacts of which crosses personal, societal and cultural boundaries. Various initiatives to address the problem of gender-based violence have resulted in many countries attempting to quantify the extent of such crimes. The purpose of this present study is to examine nature and extent of GBV in India for prevention policy actions. The National Crime Record Bureau (NCRB) of India publishes a consolidated list of reported crime happenings in the country every year. Recognizing gendered aspect of certain crimes, the NCRB maintains a separate chapter on incidences of crimes …

Christians And Pagans In The Sacred Nation, Christopher J. Eberle

San Diego Law Review

Christopher J. Eberle’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.

Pagans, Christians, And Student Protesters, Stanley Fish

San Diego Law Review

Stanley Fish’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.

Jews, Not Pagans, Richard Schragger, Micah Schwartzman

San Diego Law Review

Richard Schragger & Micah Schwartzman’s contribution to the 2019 Editors’ Symposium: Pagans and Christians in the City.

The Antebellum Development Of The Penitentiary Debate In South Carolina, Florence Gregorie Sloan

Student Scholarship

The early 19^th century was marked by reform movements aimed at alleviating poverty, reducing crime, decreasing illiteracy, and providing better care for the mentally ill. In the United States, as in Europe, the debate over prison reform arose from the growing public fear that the stability of social institutions and values was crumbling, especially because lawlessness abounded across the country in the Jacksonian era.[1] Reformers sought a way to save and preserve the established social order, and reformers found their cure-all solution in the establishment of penitentiaries, which were institutions that sought to transform the criminal into an …

A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler

Undergraduate Theses

This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.

Hearing/S: Will In The Carceral Archive, Kayla Morse

Dissertations, Theses, and Capstone Projects

This long-form poetry project follows the human will — in this case the “criminal,” or captive will — as it is manhandled through an archive of reverends, wardens and superintendents narrating the future of prison reform. Drawing primarily from National Prison Association Conference archives between the years 1874 and 1895, these documents saturate the work with a will resistant but compelled towards subjugation by the state — as it appears within the text across forced labor economies, eugenic prison science that dictates starvation, classification, and isolation as the rule, the dehumanization of banal bureaucratic processes, the visceral and spectacular violence …

Inheritances Of Injustice/Transference Of Freedom: An Intimate Project On Black Women's Intergenerational Relationships And The Consequences Of The Punishment System, Whitney Richards-Calathes

Dissertations, Theses, and Capstone Projects

This project centers the multi-generational familial relationships between system-impacted Black women, mapping and uncovering the ways in which incarceration and practices of punishment impact, shape, hurt, and displace Black femme lineages. Through a qualitative lens and a specific focus on the current social and political landscape of Los Angeles, this dissertation examines the ways Black women are impacted by carceral ideology; from punitive definitions of Black womanhood, to the surveillance on Black femme familial intimacy and the rupture of Black women’s sense of home and place. Understandings of mass incarceration are frequently male-centered and most analyses of Black women’s system …

Ix: Story About The Law Of Non-Discrimination - Documentary, Denzel Jenkins

Graduate Theses and Dissertations

The purpose of this project is to provide historical awareness for how Title IX, the anti-gender discrimination law in education, evolved to where it is today and the impact it has on universities in the United States. Strong-willed individuals sought change in the late 1960s and 1970s to prevent gender discrimination in education, thus beginning the creation of the law and making it a powerful tool for women’s rights. As Title IX expanded its reach, universities have been shaped by gender discrimination in athletics, sexual assault, harassment and rape. This project outlines the evolution of Title IX through research based …

Analysis Of Spheno-Occipital Synchondrosis (Sos) Fusion In A Contemporary Southern Nevada Subadult Hispanic Population Using Archival Cone-Beam Computerized Tomography (Cbct) Images, Megan Baker

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study employs the three-dimensional visualization capability of cone-beam computed tomography (CBCT) to investigate the relationship between chronological age and timing of fusion of the spheno-occipital synchondrosis in a male/female subadult Hispanic population of Southern Nevada. The sample includes cross-sectional data of 374 orthodontic patients (166 males and 208 females) aged 8-20 years. The SOS is scored by a four-stage scoring system as completely open (stage 0), less than half fused (stage 1), more than half fused (stage 2), or completely fused (stage 3) as visualized in the midsagittal plane in the CBCT image. The relationship between SOS fusion stage …

Oral Argument Tactics On The Supreme Court Bench: A Comparative Analysis Of Verbal Tools Used By Justices Sotomayor, Kagan, And Gorsuch, Corinne Cichowicz

Politics Honors Papers

Oral argument scholars like Adam Feldman have categorized the Supreme Court justices’ behavior during oral argument using the approach-based method, labeling each as one-sided, even-handed, or restrained. This approach is too narrowly constructed. Scholars sometimes categorize justices in terms of the tools they use, which include questions, hypotheticals, declarations, interruptions, tone of voice, and silence (Feldman 2018a). Neither of these methods alone produce a nuanced analysis of each justice’s actions during an individual case or across a Term. As the Court’s composition and dynamics are continuously changing, scholarship on oral argument needs to adapt to …

Ua12/2/2 2019 Talisman: Paradise, Wku Student Life

WKU Administration Documents

2019 Talisman yearbook.

• Good, Hannah. Paradise
• Morgan, Chelsea. What’s Your Paradise – Caden Dosier, Kenny Ott, Renesha Griffin, Jade Grabeel
• Rzayeva, Manzar. Don’t Wake Me Up Yet
• Fletcher, Griffin. Meet the Parrot Heads – Jimmy Buffett
• McCormick, Dillon. The Birds & the Bees – Sex Education
• Mohr, Olivia. The Gods Aren’t Dead – Samantha Williams, Paganism
• Robb, Hayley. Beyond the Rep – John Huffman, Buddy House, CrossFit
• Frodge, Jordan. Darkness Has Enveloped Me
• Baumgarten, Alex. Make Room – Bedrooms
• Brett, Amelia. A Place to Grow – Baker Arboretum
• Gordon, Zora. Backyard Attractions – Lost River Cave, Flea Land, Historic Railpark …

Criminalizing The Other: Exploring The Impact Of The Netherlands' Adaptation Of Prosecutorial Guidelines On Sentencing Disparities, Alia Nahra

Independent Study Project (ISP) Collection

This research explores the impact of the 2015 institution of prosecution guidelines in the Netherlands. Prior to this switch, the Openbaar Ministerie operated using a punishment point system, which provided a mathematical formula with which to decide sanctions. Though the motivation of this change was to make the overall system more efficient and enable individual prosecutors to consider each case in a customizable and more equitable form, this research demonstrates that the change has served instead as a perpetuator (and in some cases, facilitator) of the persistent ethnic and gender biases already at work in the Netherlands. The social and …

Divorce Experiences: What The 2004 Moudawana Does And Does Not Do For Women In Morocco, Beatrice March

Independent Study Project (ISP) Collection

In 2004, the parliament amended the original Moudawana, or Family Code, from 1958. Among the changes, they altered the laws regarding divorce. The 2004 Moudawana included new provisions for women to obtain divorces in an attempt to create more progressive and equitable laws. The process of divorce, however, is still unequal for men and women. Despite women’s social conditions improving under the 2004 Moudawana, discrimination against women within the Moroccan legal system continues to prevent women from accessing their rights. A complex legal system and general lack of knowledge about the law create an overwhelming experience for women who do …

Acculturation: Friend Or Foe Of The Career Aspirations And Educational Aspirations And Expectations Of Hispanic Youth?, Kyhara Nathalia Aguilera

Sociology & Criminal Justice Theses & Dissertations

The modern American Dream says that anyone can be successful if they obtain higher education. Unfortunately, this system does not always meet the needs of our increasingly diverse society. Hispanic immigrant students face a hardship in pursuit of their education and career aspirations because many of them experience acculturation related stresses. This study seeks to investigate the role that acculturation plays in the career aspirations and educational aspirations and expectations of Hispanic students. I go beyond the current literature by exploring how acculturation is a significant factor in determining educational and career aspirations. Specifically, I examine whether different levels of …

Greek Tragedy At Marion Correctional: An Exploration Of Directing Theatre In Prison, Elise G. Woods

Undergraduate Honors Thesis Projects

In this project, I describe and analyze forces of freedom and coercion through the process of directing Trojan Women by Euripides at Marion Correctional Institution. This analysis documents each stage of the theatrical process—from project proposal to final performance and discussion—through ethnographic, arts-based research using personal observations, primary accounts from performers and audience members, and secondary sources. By exploring the experience of directing Trojan Women in the prison setting, I analyze forces of coercion and freedom in both theatre-making practices and prison. As a result, I assert the uniquely positive aspects and productive utilization's of coercion through theatre in a …

Between Hagiography And Wounded Attachment: Raphaël Lemkin And The Study Of Genocide, Benjamin Meiches, Jeff Benvenuto

Genocide Studies and Prevention: An International Journal

In this article, we outline the significance of the special issue on the scholarship of Raphaël Lemkin. We argue that genocide scholars tend to identify with one of three different types of Lemkin scholarship. Each of the articles for the special issue challenges these genres in an effort to extend the study of genocide in new directions. Moreover, we contend that this work suggests that genocide scholars should endeavor to extend the study of genocide beyond Lemkin's vision and writings.

Voices Unheard: Women And Their Children In Nepal’S Incarceration System, Aune Nuyttens, Mikayla Rose

Independent Study Project (ISP) Collection

This research project focused on women in Nepal’s incarceration system. Our goal was to hear and share their stories with the hopes of humanize and de-stigmatize perceptions of female prisoners in and outside of Nepal. A central component to these stories, as we learned, was also the story of prisoner’s children and the NGOs who provide assistance to this vulnerable group of women and their children. The researchers travelled to the east and west of Kathmandu to visit rural and urban prisons in Nepal, and visited various children homes, however the research was based out of Kathmandu, where many of …

Yale Program On Financial Stability Lessons Learned: Scott Alvarez, Esq., Alec Buchholtz, Rosalind Z. Wiggins

Journal of Financial Crises

Alvarez, who was General Counsel of the Federal Reserve System, Board of Governors during 2007-2009, gives us his take on how best to prepare for future crises.

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Coming Out Of Memory: The Holocaust, Homosexuality, And Dealing With The Past, Arnaud Kurze

Department of Justice Studies Faculty Scholarship and Creative Works

This research discusses the challenges of establishing a collective memory for gay victims of the Nazi terror in World War II and examines the introduction of gay victimhood into the public sphere through memorialization efforts. While scholarly accounts on gays and the Holocaust emerged in the 1970s, little is known about the emergence and consolidation of a public narrative on gay persecutions under the Nazis. It raises important questions, including why a public voice for crimes against sexual minorities in World War II emerged only hesitantly? Drawing on historical gay memorialization processes in Germany, the author maps the obstacles for …

Code Mixing As A Form Of Indonesian Identity Based On The Motto Of Bhinneka Tunggal Ika, Fajar Muhammad Nugraha

International Review of Humanities Studies

In 2018, the Language Comission of the Ministry of Education and Culture (Kemendikbud) of the Republic of Indonesia has made verification towards all the languages that exists in Indonesia. The verification conducted from 1991 to 2017 resulted in 652 languages to be found. That number still does not include the dialects and their sub-divisions of the 652 languages. Meanwhile, UNESCO recorded 143 languages based on their vitality status. Identity can be interpreted as similarity or unity with others in a certain area or other things (Rummens, 1993: 157-159). "The identity possessed by an individual can be in the form of …

The Justice System Is Criminal, Raven Delfina Otero-Symphony

2020 Award Winners

No abstract provided.

How Crime Dramas Influence Perception Of Crime, Abby Hogan

Undergraduate Honors Thesis Collection

Television crime dramas are becoming more and more popular, introducing new shows and spin-offs every year. With their growing popularity, it is important to study the possible impacts that they could have on society, and people’s views of crime and criminality. This study looks at how much college students watch and enjoy these shows, and whether they affect their perception on the criminal justice system and procedures shown in the crime dramas. Questionnaires given to Butler University students inquire about their crime drama watching habits as well of their opinions and views on different aspects of the justice system, including …

Reintegration Process Of Previously Incarcerated African American Women Older Than 50 Years, Eva Carol Brent

Walden Dissertations and Doctoral Studies

Successful reintegration of ex-offenders is difficult for most, evidenced by high recidivism rates. Ex-offenders face a broad range of obstacles once released from prison, including personal, social, and employment barriers. This study was an examination of the issues that contributed to a successful or unsuccessful reintegration as reported by ex-offenders. Participants included 10 ex-offenders who participated in interviews regarding the conditions that they believed were necessary for successful community reintegration. The conceptual framework for this study came from the ecological perspective, also known as the person-in-environment theory. Data collection involved one-on-one interviews with the participants. Data analysis was conducted through …