Legal Studies Commons^™

Nunca Se Olvide Del Frío Del Mármol De Las Escaleras: Una Mirada A La Recuperación Del Ex Centro Clandestino De Detención Y Tortura De Virrey Cevallos / One Never Forgets The Cold Of The Marble Stairs: A Look At The Recuperation Of Ex Clandestine Center For Detention And Torture Of Virrey Cevallos, Jamie Gagliano

Independent Study Project (ISP) Collection

After the fall of a repressive government, there is often a discussion or an attempt to repair the damage done to society by the repressive regime. Argentina for the last thirty years has been facing this discussion. The last dictatorship, a totalitarian military dictatorship, in Argentina took place between 1976 and 1983. With the return of democracy at the end of 1983, the process of healing society began, albeit in a rather limited form due to fear of sparking the military into revolt once again. In the 1990s, the discussion was almost entirely swept under the rug by the Menem …

Safe Havens Or Dangerous Waters? A Phenomenological Study Of Abused Women's Experiences In The Family Courts Of Ontario, Lois Shereen Winstock

PhD Dissertations

This qualitative, interdisciplinary research study explores the experiences of women abused by their intimate partners who appear as litigants in family court proceedings in Ontario, and the responses of judges presiding over those proceedings.

Domestic violence and abuse affects families from all social, economic and cultural groups. Women have been overwhelmingly identified as the victims of domestic violence and abuse. Children exposed to domestic violence and abuse, either directly or indirectly, are also negatively impacted. The term woman abuse has been employed to denote the gendered nature of the phenomena.

Studies of abused womens interactions with the legal system across …

How Secular Should Democracy Be? A Cross-Disciplinary Study Of Catholicism And Islam In Promoting Public Reason, David Ingram, David Ingram

Philosophy: Faculty Publications and Other Works

I argue that the same factors (strategic and principled) that motivated Catholicism to champion liberal democracy are the same that motivate 21^st Century Islam to do the same. I defend this claim by linking political liberalism to democratic secularism. Distinguishing institutional, political, and epistemic dimensions of democratic secularism, I show that moderate forms of political and epistemic secularism are most conducive to fostering the kind of public reasoning essential to democratic legitimacy. This demonstration draws upon the ambivalent impact of Indonesia’s Islamic parties in advancing universal social justice aims as against more sectarian policies.

An Examination Of University Speech Codes’ Constitutionality And Their Impact On High-Level Discourse, Benjamin Welch

College of Journalism and Mass Communications: Theses

The First Amendment – which guarantees the right to freedom of religion, of the press, to assemble, and petition to the government for redress of grievances – is under attack at institutions of higher learning in the United States of America. Beginning in the late 1980s, universities have crafted “speech codes” or “codes of conduct” that prohibit on campus certain forms of expression that would otherwise be constitutionally guaranteed. Examples of such polices could include prohibiting “telling a joke that conveys sexism,” or “content that may negatively affect an individual’s self-esteem.” Despite the alarming number of institutions that employ such …

Physical Child Abuse And Cultural Differences In Reporting, Emily Frances Reed

UNLV Theses, Dissertations, Professional Papers, and Capstones

Previous research using both National Child Abuse and Neglect Data System (NCANDS) data and other sources has found that biases do exist with regard to racial differences. The current study will build on past research of biases in the Child Protective Services (CPS) involvement and reporting. This study uses a secondary data set, the 2009 NCANDS dataset; which consists of child specific data of all investigated reports of maltreatment to state CPS agencies. This research seeks to determine if there are disparities in cases reported to and substantiated by CPS as reflected by race (Black, White, & Hispanic children) and …

Beyond Black And White: An Examination Of Afrocentric Facial Features And Sex In Criminal Sentencing, Amanda Mae Petersen

Dissertations and Theses

Research on race and sentencing is increasingly moving beyond racial category analyses to include more subtle attributes such as skin tone and facial features. In keeping with this progression, this research examines the extent to which convicted offenders' Afrocentric facial features interact with sex in order to create longer criminal sentences for stereotypically Black males and females. A random sample of Black and White males and females currently serving prison sentences in the state of Oregon were selected for inclusion in the study. A preliminary regression analysis was run in order to determine the effect of broad racial category on …

Translator, Traitor: A Critical Ethnography Of A U.S. Terrorism Trial, Maya Hess

Dissertations, Theses, and Capstone Projects

Historically, the role of translators and interpreters has suffered from multiple misconceptions. In theaters of war, these linguists are often viewed as traitors and kidnapped, tortured, or killed; if they work in the terrorism arena, they may be prosecuted and convicted as terrorist agents. In United States v. Ahmed Abdel Sattar, a/k/a "Abu Omar," a/k/a "Dr. Ahmed," Lynne Stewart, and Mohammed [sic] Yousry, 02 Cr. 395 (JGK) (S.D.N.Y. 2003), Yousry, an Arabic linguist and scholar of Middle Eastern history, was labeled such an agent, his work as translator/interpreter construed as material support to terrorism, and his expertise recast as dangerous …

Existing But Not Living: Neo-Civil Death And The Carceral State, Calvinjohn Nagel Smiley

Dissertations, Theses, and Capstone Projects

In 2010, the United States prison releases exceeded prison admission for the first time since the Bureau of Justice Statistics began collecting jurisdictional data in 1977. Prisoner reentry--the transition from prison to community--has grown exponentially in the 21st century. While individuals are coming home in larger quantities, many formerly incarcerated men and women lose social, political, and economic rights, otherwise known as civil death. The fundamental purpose of this dissertation is to investigate the impact of civil death on prisoner reentry. More specifically, how does the loss of civil rights construct notions of citizenship for recently released men and women? …

Games Of Life And Death: The Judicial Uses Of Dice In Eighteenth And Nineteenth-Century Sweden, Per Binde

UNLV Gaming Research & Review Journal

Gambling studies should take a broad view of the field and consider activities that are not strictly gambling but similar to it, such as cleromancy and secular uses of drawing of lots, to give us perspective on societal and cultural aspects of gambling. This paper presents historical data on judicial uses of throwing dice in eighteenth and nineteenth-century Sweden. The focus is on cases of manslaughter with multiple perpetrators who were considered equally guilty and were forced by the criminal court to throw dice to determine who should be executed and who should receive lesser penalties. Three principles are distinguished …

The Virtues Of Justice, John Thrasher, David Schmidtz

Philosophy Faculty Books and Book Chapters

"This essay considers (and endorses) three complementary conceptions of justice as virtue. To the two senses of justice just mentioned-justice as a virtue of the soul and of the polis-we add a third that bridges these two. Virtue can be a kind of outreach rather than a kind of internal harmony, because we are talking about essentially social beings. The harmony that is this virtue's object is harmony with a community. Thus, a person who is just in this sense is disposed to respect (play within the rules of) institutions that command respect by virtue of actually working-that is, actually …

Prison Poetry Group, Master Of Fine Arts Creative Writing Program, College Of Liberal Arts, University Of Massachusetts Boston, Bay State Correctional Center

Office of Community Partnerships Posters

Beginning in September 2012, a graduate student enrolled in UMass Boston’s MFA Creative Writing Program served as the volunteer instructor for a Poetry Group at Baystate Correctional Center. Through creative development and community discussion, this program, which operates during the academic year (September-May), facilitates positive behavioral change in order to eliminate violence, victimization, and recidivism.

Volume 06, Kristen Gains, Amanda Willis, Holly Backer, Monika Gutierrez, Cara O'Neal, Sara Nelson, Sasha Silberman, Jessica Beardsley, Jamie Gardner, Edward Peeples, Matthew Sakach, Tess Lione, Emily Wilkins, Kelsey Holt, Jessica Page, Jamie Clift, Charles Vancampen, Gilbert Hall, Jenny Nehrt, Kasey Dye, Amanda Tharp, Jamie Leeuwrik, Ashley Mcgee, Emily Poulin, Michael Kropf, Nick Pastore, Austin Polasky, Morgan Glasco, Laura L. Kahler, Melinda L. Edwards, Brandon C. Smith, Mariah Asbell, Cabell Edmunds, Amelia D. Perry, Alyssa Hayes, Irina Boothe, Perry Bason, James Early

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

Caught Between Folklore and the Cold War: The Americanization of Russian Children's Literature by Kristen Gains

Graphic Design by Amanda Willis

Graphic Design by Holly Backer

Prejudices in Swiss German Accents by Monika Gutierrez

Photography by Cara O'Neal

Photography by Sara Nelson

Edmund Tyrone's Long Journey through Night by Sasha Silberman

Photography by Jessica Beardsley

Photography by Jamie Gardner and Edward Peeples

The Republican Razor: The Guillotine as a Symbol of Equality by Jamie Clift

Graphic Design by Matthew Sakach

Genocide: The Lasting Effects of Gender Stratification in Rwanda By Tess Lione and Emily …

Should Public Law Accommodate The Claims Of Conscience?, William A. Galston

San Diego Law Review

In the end, it seems to me, the matter boils down to a single issue. Many individuals consider themselves bound by two sources of authority, public law and conscience, whose demands do not always coincide. Is the state prepared to take cognizance of this fact, and if so, how should it respond? Unlike other regimes, liberal democracies should not find these questions unduly challenging. To be a liberal state is to recognize limits on the legitimate scope of public authority; to be a liberal democracy is to recognize limits on the authority of the people and on the writ of …

False Speech: Quagmire?, Christopher P. Guzelian

San Diego Law Review

Recently decided cases in several Federal Courts of Appeals and the United States Supreme Court show that First Amendment false speech case law is contradictory and unpredictable. This Article gives examples and concludes that legal liability for false speech will continue to be arbitrary and even susceptible to intentionally unjust decisionmaking if judges and juries individually and collectively disregard or downplay the necessity of an honest search for truth under the guise of tolerance and evenhandedness. If Americans wish to avoid an anything-goes “quagmire” about truth, they must—despite inevitable resistance in a civilization increasingly rife with skeptics—undergo transformations of their …

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …

“A Hidden Part Of Me”: Latino/A Students, Silencing, And The Epidermalization Of Inferiority, Jason G. Irizarry, John Raible

Department of Teaching, Learning, and Teacher Education: Faculty Publications

Using Critical Race Theory (CRT) and Latino/a Critical Race Theory (LatCrit) as analytical tools, this article examines the experiences of a seven Latino/a high school students at various points of engagement with the school-to-prison pipeline. Building on and extending Franz Fanon’s (1952) concept of the epidermalization of inferiority, the authors demonstrate the nuanced ways that institutional racism and other interrelated forms of oppression function to contribute to a sense of internalized oppression among Latino/a youth. We critically examine the ways in which dialogue and collaborative research undertaken in a supportive classroom atmosphere can help students move from feeling shame and …

Social Hierarchies And The Formation Of Customary Property Law In Pre-Industrial China And England, Taisu Zhang

Faculty Scholarship

Comparative lawyers and economists have often assumed that traditional Chinese laws and customs reinforced the economic and political dominance of elites and, therefore, were unusually “despotic” towards the poor. Such assumptions are highly questionable: Quite the opposite, one of the most striking characteristics of Qing and Republican property institutions is that they often gave significantly greater economic protection to the poorer segments of society than comparable institutions in early modern England. In particular, Chinese property customs afforded much stronger powers of redemption to landowners who had pawned their land. In both societies, land-pawning occurred far more frequently among poorer households …

Social Status, Opportunity And Repeat Victimization: The Unequal Distribution Of Safety, Zavin Nazaretian

Wayne State University Dissertations

This research examines the relationship between victimization, social status and opportunity. More specifically, the effects of social status and opportunity on repeat victimization are examined. How does social status and opportunity simultaneously effect repeat victimization? This report consists of a secondary data analysis of the 2004 and 2009 Canadian Victimization Survey with a combined sample size of 43,200 people who were interviewed by telephone. Opportunity either partially or completely mediated the effects of social status on repeat victimization; however for certain subsamples neither opportunity nor social status explained repeat victimization. Additionally, the groups whose victimization was not explained by opportunity …

A Thin Blue Line And The Great Black Divide: The Inter And Intra Departmental Conflict Among Black Police Officers, Their Agencies, And The Communities In Which They Work Regarding Police Use Of Force Perception By Black Americans In A Southwestern State, Vance Debral Keyes

Department of Conflict Resolution Studies Theses and Dissertations

This study explores the relationship between Black police officers, Black citizens, and their external environment using a group of 30 police officers and citizens to establish the connection between police officer race and perceptions by same race citizens within the context of police use of force. I use the term Black to be inclusive of African Americans as well as others of African descent without regard to their ethnicity or national origin. Criminal justice means system application whereas criminology is the study of criminal behavior. In America, there exists a history of volatility between the police and Black communities. While …

The New Drug War Or The New Race War: Incarceration's Impact On Minority Children, Families, And Communities, Karen P. Lawrence

Department of Conflict Resolution Studies Theses and Dissertations

This non-experimental study examines the issues of over-representation of minorities in the criminal justice system due to drug-related incidences, race relations, and the impact such representation has on families, children, and communities. The exploration of the current criminal justice efforts against drugs is presented through a meta-analysis qualitative lens in an effort to disseminate the information on those arrested, sentenced, and subsequently incarcerated for various drug offenses. In an attempt to understand the encyclical racial disparities that promulgate the criminal justice system, the study relies on information from several key theorists to cement the discussions in the research. Qualitative data …

Symbolic Imprisonment, Grief, And Coping Theory: African American Women With Incarcerated Mates, Avon Marie Hart-Johnson

Walden Dissertations and Doctoral Studies

African American men have been incarcerated at unprecedented rates in the United States over the past 30 years. This study explored how African American females experience adverse psychosocial responses to separation from an incarcerated mate. The purpose of this qualitative grounded theory (GT) study was to construct a theory to explain their responses to separation and loss. Given the paucity of literature on this topic, helping professionals may not understand this problem or know how to support these women. Disenfranchised grief and the dual process model of bereavement were used as a theoretical lens for this study. Data were collected …

Eternal Recurrence In A Neo-Kantian Context, Michael S. Green

Faculty Publications

In this essay, I argue that someone who adopted a falsificationism of the sort that I have attributed to Nietzsche would be attracted to the doctrine of eternal recurrence. For Nietzsche, to think the becoming revealed through the senses means falsifying it through being. But the eternal recurrence offers the possibility of thinking becoming without falsification. I then argue that someone who held Nietzsche’s falsificationism would see in human agency a conflict between being and becoming similar to that in empirical judgment. In the light of this conflict only the eternal recurrence would offer the possibility of truly affirming life. …

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …

New York Times V. U.S.: Implications And Relevance In The 21st Century, Maria E. Lombardi

Student Publications

In 1971, the New York Times released the first installment in a series later referred to as the Pentagon Papers that would eventually have significant political, social, and historical impacts that are felt even in the 21st Century. Following the first release, President Nixon’s administration sought an injunction against the publication of the remaining contents of the classified study, ultimately becoming an extensive legal process that culminated in the Supreme Court. In a per curiam opinion, the Court ruled that in accordance with Organization for a Better Austin v. Keefe and Near v. Minnesota that the federal government did not …

"It Could Have Been Me": The 1983 Death Of A Nyc Graffiti Artist, Erik Nielson

School of Professional and Continuing Studies Faculty Publications

"It could have been me. It could have been me."
These were the words uttered by painter Jean-Michel Basquiat, who was deeply shaken after he heard the story of a black graffiti artist who was beaten to death by New York City police. Seeing his own life reflected in the death of a fellow artist, Basquiat went on to create Defacement (The Death of Michael Stewart), not only to commemorate the young man's death, but also to challenge the state-sanctioned brutality that men of color could face for pursuing their art in public spaces.

Studies On Religion And Recidivism: Focus On Roxbury, Dorchester, And Mattapan, George Walters-Sleyon

Trotter Review

This research article raises the question of whether religion can be considered a viable partner in the reduction of the high rate of recidivism associated with the increasing mass incarceration in the United States. Can sustainable transformation in the life of a prisoner or former prisoner as a result of religious conversion be subjected to evidenced-based practices to derive impartial conclusions about the value of religion in their lives? With a particular focus on three neighborhoods of Boston—Roxbury, Dorchester, and Mattapan—this study examines the relevance of religion and faith-based organizations in lowering the high rate of recidivism associated with incarceration …

The Personal And Family Challenges Of Reentry: Interview With Helen Credle, Kenneth J. Cooper

Trotter Review

For 40 years, Helen Credle has worked with prison inmates and exoffenders in Massachusetts, from inside or outside the state corrections system. The Boston native, who grew up in Roxbury, did not set out to become an advocate for prisoners and their families. Oddly, it was music that first took her inside prison walls and into that role. As director of community services for the New England Conservatory of Music, Credle organized concerts by bluesman B.B. King and balladeer Bobby Womack in state prisons. Her involvement grew deeper when the conservatory’s administrators and faculty members decided to teach inmates to …

Life After Prison: A Different Kind Of Sentence?, A Forum At The Boston Center For The Arts, Andrea J. Cabral, Daniel Cordon, Lyn Levy, Gary Little, Janet Rodriguez

Trotter Review

In September 2012, the Boston Center for the Arts (BCA) hosted a forum on life after prison as part of its series, Dialogue: Social Issues Examined Through the Playwright’s Pen. The forum coincided with performances at the Boston Center for the Arts of The MotherF**ker with the Hat, a play by Stephen Andy Guirgis about prisoner reentry.

Andrea J. Cabral, then sheriff of Suffolk County and secretary of public safety in Massachusetts, moderated the forum in BCA’s Calderwood Pavilion, the same theater where SpeakEasy Stage Company was putting on the play. The four panelists work for nonprofit organizations primarily …

Stop And Frisk: From Slave-Catchers To Nypd, A Legal Commentary, Gloria J. Browne-Marshall

Trotter Review

Today’s “stop and frisk” practices stem from centuries of legal control of Africans in America. Colonial laws were drafted specifically to control Africans, enslaved and free. Slave catchers culled the woods in search of those Africans who dared escape. After slavery ended, “Black Codes” or criminal laws were enacted to ensnare African Americans, including the sinister convict-lease system that existed well into the twentieth century. The U.S. Supreme Court ruled to extend police authority to stop and frisk during the Civil Rights Movement.

Police abuse of stop and frisk has led to tens of millions of people detained and searched …

Gray Matters Behind Bars, Howard Manly

Trotter Review

Forty years ago, the nation got tough on crime. It is now paying the price as the skyrocketing cost of incarcerating aging inmates is haunting state and federal prison budgets.