Legal Studies Commons^™

Volume 04, Matt Szemborski, Phillip Van Ness, Sarah Croughwell, Sarah Mayfield, Alyssa Strackbein, Marley Kimmel, Stephanie Skipp, Jamie Yurasits, Katherine Taggart, Alex Leonhart, Kristen Rawls, Andrew Armes, Amanda Haymens, Allison Paqlowski, Erica May, Stephanie Lane, Luke Acree, Cassandra L. Wilson, Stephanie Pishock, Erica Hopson, K. Juston Osborne, Katheryn Grayson, Kyle Fowlkes, Jessica Cox, Kaity Byrum, John-Harwood Scott, Ashley Johnson, Samantha Hockman, Emily Staskiel, Nancy Macdonald, R. Kruger Bressin, Benjamin P. Bilodeau, Andrea Irby, Kristin Macquarrie, Sarah Bietsch, Elizabeth Bednar

Incite: The Journal of Undergraduate Scholarship

Please note that part of pages 92-95 are redacted, in the digital copy, due to a misprint of the original printed article.

Introduction from Dean Dr. Charles Ross

The Internal Other: Transculturation and Postcolonial Magical Realism in Rushdie’s Midnight’s Children by Matt Szemborski

Photography by Phillip Van Ness

Photography “Waterfall” by Sarah Croughwell

Romancing the Bite: Statistical Analysis of Young Adult Vampire Novels by Sarah Mayfield

Photography by Alyssa Strackbein

Photography by Marley Kimmel

Wine and Society in the Viceroyalty of Peru by Stephanie Skipp

Analysis of Claud Monet’s Impression, Sunrise by Jamie Yurasits

Exploring Meaning: The Lindisfarne Gospels by …

Minnie Liddell's Forty-Year Quest For Quality Public Education Remains A Dream Deferred, Kimberly Jade Norwood

Scholarship@WashULaw

This Article is a historic account of the hopes and dreams that a mother had for her children and her efforts to make those hopes and dreams come true. The mother, Minnie Liddell, never imagined, when she first became a mom in 1959, or years later after the birth of her fifth child, or even after she filed a lawsuit against a city school district, that she would become a pioneer and icon in the school desegregation history of St. Louis, Missouri. She really only wanted a quality public education for her children, for black children, for all children. This …

The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram

Philosophy: Faculty Publications and Other Works

I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence (economic refugees) cannot be redeemed paternalistically as freedom or welfare enhancing in the long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact …

A Deadly Way Of Doing Business: A Case Study Of Corporate Crime In The Coal Mining Industry, Charles Nickolas Stickeler

USF Tampa Graduate Theses and Dissertations

To this point, research on corporate crime has been, for the most part, overlooked by mainstream criminology. In particular, corporate violations of safety regulations in the coal mining industry have yet to be studied within the field of criminology. The purpose of this thesis is to examine the crimes of a coal mining corporation, a corporation whose business decisions led to the worst coal mining disaster in forty years, along with the deaths of twenty-nine men. This thesis will utilize a case study format in order to illustrate the crimes committed by this corporation. Previous literature covering the history of …

Finding Historic Indiana Documents In An Online Environment: Civil War Era And Later 19th Century, Bert Chapman

Libraries Research Publications

This presentation provides information on digitally accessing historic Indiana State and U.S. Government documents from the latter half of the 19th century. Examples of these resources include the periodical Indiana Farmer, Indiana Civil War Governor Oliver Morton's telegraph books, the Official Records of the War of the Rebellion, Indiana Adjutant General Reports, and the Brevier Indiana Law Reports covering Indiana General Assembly proceedings. These collections have been digitized by various Indiana libraries including Purdue University, IUPUI, and Indiana University. Accessing these primary source materials will enable users to gain augmented understanding ot the economic, military, and political issues facing Indiana …

Explaining The "Female Victim Effect" In Capital Sentencing Decisions: A Case For Sex-Specific Models Of Capital Sentencing Research, Tara N. Richards

USF Tampa Graduate Theses and Dissertations

The potential influence of extralegal characteristics on the outcome of post-Furman capital cases (1972) has been a focus of criminal justice researchers and legal scholars. Much of this literature has assessed the impact of victim and defendant race on the likelihood of receiving the death penalty while a relatively underdeveloped body of research focuses on how victim sex may affect capital sentencing decisions. The present study uses focal concerns theory and the chivalry hypothesis to test the potential mediating effect of theoretical variables on the relationship between victim sex and juror capital sentence decision-making. In addition, it uses victim sex …

The Right To Privacy In Light Of The Patriot Act And Social Contract Theory, Betsey Sue Casman

UNLV Theses, Dissertations, Professional Papers, and Capstones

There is a continual debate between individuals who attempt to measure the individual’s right to privacy against the government’s right to know in order to provide for the security of all citizens.

The questions that beg to be answered are whether the individual’s right to privacy outweighs the government’s duty to provide security; and if security is deemed more important, can there even be a right to privacy. It is critical to our nation’s anti-terrorism effort that our intelligence agencies possess the legal capacity to intercept all forms of communications utilized by terrorists and hostile intelligence agents. Inevitably this will …

Should Primates Have Legal Rights?, Hannah Barten, Zhimin Chen

Festival of Communities: UG Symposium (Posters)

A primate having legal rights is a controversial topic these days. Many other countries around the world support the idea of great apes having legal rights, because we for one are one of the five great primates. Others do not support this trending topic as much as others. These types of people believe that great apes such as chimpanzees are superb testing animals for medical purposes, because of the fact that they are closely related to mankind. Organizations such as Great Ape Protection, work towards protecting the rights of these great apes since they cannot speak for themselves. In many …

How To Blow Up A Wal-Mart Without Getting Caught And Without Blowing It Up: An Exploration Of Social Protest, Change, And Crime On Stage A, Mike Duffy '11

Honor Scholar Theses

The idea for this play was first hatched in June of 2010. It was summer in Greencastle and with no cable TV and no air-conditioning my roommate and I found the time for many heated, interesting discussions. My roommate was a particularly enterprising individual; his goal was to start a business on the town square, open a convenience store that would tap into Greencastle’s largest market: the DePauw students. Greencastle is a veritable ghost town in the summer. The discussions with my roommate often centered on the topic of this abandonment Greencastle undergoes every May of every year, and the …

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Faculty Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …

The Utility Of Restorative Justice In Urban Communities For Afro Americans Males 12-17, Johnny Brooks

Walden Dissertations and Doctoral Studies

Juvenile delinquency continues to be a major social problem in the United States. One of the more salient problems with the juvenile justice system in the United States is its staggering incarceration rate, which poses a significant problem for youth exposed to the juvenile justice system, and the community as a whole. The purpose of this qualitative case study was to understand the perspective of the program facilitators about the effectiveness of the restorative justice program in reducing recidivism for African American males aged 12 to 17 in Baltimore City's urban community. This study relied upon restorative justice theory as …

Social Contracts, Fair Play, And The Justification Of Punishment, Richard Dagger

Political Science Faculty Publications

In recent years, the counterintuitive claim that criminals consent to their own punishment has been revived by philosophers who attempt to ground the justification of punishment in some version of the social contract. In this paper, I examine three such attempts—“contractarian” essays by Christopher Morris and Claire Finkelstein and an essay by Corey Brettschneider from the rival “contractualist” camp—and I find all three unconvincing. Each attempt is plausible, I argue, but its plausibility derives not from the appeal to a social contract but from considerations of fair play. Rather than look to the social contract for a justification of punishment, …

General Strain Theory, Race, And Delinquency, Jennifer Peck

USF Tampa Graduate Theses and Dissertations

The present study drew on Agnew's General Strain Theory (GST) to examine the relationship between strain, race, and delinquent behavior. To address this possible association, five hypotheses were tested to examine if different types of strain and stress exposure influence delinquent coping and if these relationships are conditioned by race and ethnicity. Using data from the Add Health Study, White, African American, and Hispanic adolescents, the present study attempts to generalize GST to different racial and ethnic groups.

Results from OLS and negative binomial regression analyses indicate that some support was found for GST, in that indicators of strain to …

General Strain Theory And Juvenile Delinquency: A Cross-Cultural Study, Wen-Hsu Lin

USF Tampa Graduate Theses and Dissertations

General strain theory (GST) (Agnew, 1992, 2001, 2006a) is an established criminological theory. Although the theory has been examined by many and enjoys empirical support, some limitations of previous studies need to be addressed. First, previous studies have not incorporated all major types of strain in their models; hence, the effects of these strains on delinquency are unclear. Second, many previous studies did not include negative emotions and even negative emotions other than anger. Finally, and the most serious limitation, many previous studies rely heavily on samples from Western countries, mostly the U.S.; thus, possible cultural influences are ignored. Although …

Developmental Trajectories Of Self-Control: Assessing The Stability Hypothesis, James Vance Ray

USF Tampa Graduate Theses and Dissertations

A key proposition of Gottfredson and Hirschi's (1990) self-control theory is the stability hypothesis which suggests that an individual's level of self-control, once established between the ages of 8-10, is stable over the life course. Empirical results from examinations of the stability hypothesis have been mixed. Prior tests of the stability hypothesis have employed aggregate assessment methods (e.g., mean-level and correlational analyses). Such approaches fail to take into account the possibility that individual developmental pathways may differ. This study employs individual longitudinal data over a four year period for 3,249 7^th to 10^th grade subjects to assess the …

Studying Rape Through A Theorectical Lens: The Development Of A Serial Rape Model Using Fbi Data, Brooke Smith

Open Access Theses & Dissertations

The current study assessed whether there is an empirical foundation for different theories of rape including the feminist, evolutionary, social disorganization, psychopathy, and rapist type theories. Using a data set from the Federal Bureau of Investigation (FBI) on serial rapists collected in the early 1990's, the study included two phases. The first phase assessed whether FBI data supported the previously mentioned theories of rape by analyzing associations between individual variables that are thought to support each theory. Support was demonstrated for the evolutionary and psychopathy theories. Using MPlus statistical software to accommodate the multi-level nature of the data, the second …

A Multilevel Model Of Police Corruption: Anomie, Decoupling, And Moral Disengagement, Ruth Zschoche

USF Tampa Graduate Theses and Dissertations

Police corruption is a primary concern for law enforcement agencies. The purpose of this study was to identify factors that could predict the likelihood of police officer susceptibility to corruption. Data was collected through surveys of 1083 officers within eight U.S. police agencies that were participating in the National Police Research Platform funded by the National Institute of Justice. The data were analyzed using multilevel structural equation and base multilevel models.

The theoretical model for this study addressed susceptibility to corruption on both the departmental (clusters) and individual officer levels. Four main constructs were utilized in this study. Acceptance of …

Mental Health Courts Effectiveness In Reducing Recidivism And Improving Clinical Outcomes: A Meta-Analysis, Brittany Cross

USF Tampa Graduate Theses and Dissertations

Mental health courts have recently emerged with goals to reduce recidivism and improve clinical outcomes for people with serious mental illness in the criminal justice system. The present study is a review of mental health court literature assessing their effectiveness in reducing recidivism and improving clinical outcomes for participants using meta-analytic techniques. A total of 20 studies that included sufficient information to compute the standardized mean difference effect size, focused on adult populations, and were within the United States were included in the analysis. Only experimental and quasi-experimental research designs were obtained. Using Cohen’s d (1988) guidelines, mental health courts …

Drug Courts Work, But How? Preliminary Development Of A Measure To Assess Drug Court Structure And Processes, Blake Barrett

USF Tampa Graduate Theses and Dissertations

The high prevalence of substance use disorders is well-documented among criminal offenders. Drug courts are specialty judicial programs designed to: 1) improve public safety outcomes; 2) reduce criminal recidivism and substance abuse among offenders with substance use disorders; and 3) better utilize scarce criminal justice and treatment resources. Drug courts operate through partnerships between the criminal justice, behavioral health and public health systems. Offenders participate in an intensive regimen of substance abuse treatment and case management while under close judicial supervision. Drug courts' effectiveness in reducing criminal recidivism and drug use has been documented through numerous primary studies as well …

Assessing Racial Differences In Offending Trajectories: A Life-Course View Of The Race-Crime Relationship, Michael S. Caudy

USF Tampa Graduate Theses and Dissertations

The developmental and life-course criminology (DLC) paradigm has become increasingly popular over the last two decades. A primary limitation of this paradigm is the lack of consideration of race and ethnicity within its framework. Race unquestionably matters in today's society and yet it has generally been ignored within the context of DLC theories. The current study aims to contribute to the literature informing DLC by viewing life-course theories through the lens of race and ethnicity. Utilizing nationally-representative data from the National Longitudinal Survey of Youth 1997, the current study examines race-specific developmental trajectories of offending over 11 years during the …

Violence Transformed 2010, Jonathan Shirland

Bridgewater Review

Violence Transformed is an annual series of exhibitions, performances and collaborative art-making events that are held in the greater Boston area. Since its beginnings five years ago, Violence Transformed has been composed of professionals from a wide range of backgrounds and disciplines, including art historians, studio artists, and specialists from the museum world.

Seeking Truth On The Other Side Of The Wall: Greenleaf’S Evangelists Meet The Federal Rules, Naturalism, And Judas, Nancy J. Kippenhan

Faculty Publications and Presentations

An inquiry that seeks truth by accepting only natural answers excludes the possibility of the sacred or supernatural, building a wall that forecloses a complete exploration for the truth it seeks. Without analysis, critics dismiss sources presenting supernatural explanations, and those who believe sacred works have no factual foundation accept without investigation any popular theory that appears attractive. The rules of evidence expressly seek truth, wherever it lies. Noted legal scholar Simon Greenleaf used evidentiary principles to demonstrate the factual credibility of the Gospels in his Testimony of the Evangelists. This Article examines Greenleaf’s analysis, applying current rules of evidence …

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

Articles & Book Chapters

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

Preservation Ethics In The Case Of Nebraska's Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966–1975), the Commercial Architecture Era (1976–1991), and the Progressive Planning Era (1992–2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources pertaining to the settlement of the …

An Analysis Of The Influence Of Sampling Methods On Estimation Of Drug Use Prevalence And Patterns Among Arrestees In The United States: Implications For Research And Policy, Janine Kremling

USF Tampa Graduate Theses and Dissertations

Using data from the Drug Use Forecasting (DUF) and the Arrestee Drug Abuse Monitoring (ADAM) programs collected by the National Institute of Justice the question whether the drug estimates of DUF, using a non-probability sample, and the drug use estimates of ADAM, using a probability sample, yield substantially different results will be explored. The following main questions will be addressed using equivalence analysis: Are there substantial differences in the DUF and ADAM samples with regard to the drug use information obtained from arrestees at nine sites across the United States? The analysis suggests that the drug use information contained in …

Beyond Racial Precedents: Loving V. Virginia As An Appropriate Legal Model And Strategy For Same-Sex Marriage Litigation, Michael J. Csere

Honors Scholar Theses

This thesis explores how LGBT marriage activists and lawyers have employed a racial interpretation of due process and equal protection in recent same-sex marriage litigation. Special attention is paid to the Supreme Court's opinion in Loving v. Virginia, the landmark case that declared anti-miscegenation laws unconstitutional. By exploring the use of racial precedent in same-sex marriage litigation and its treatment in state court cases, this thesis critiques the racial interpretation of due process and equal protection that became the basis for LGBT marriage briefs and litigation, and attempts to answer the question of whether a racial interpretation of due process …

Libel In Mississippi, 1798-1832, Muriel Ann Everton

Dissertations

The Mississippi Territory officially became part of the United States in 1798. The territory was to be governed under the rules of the Northwest Ordinance, but those who went to govern the area found a culture that required the use of common law to settle the disputes arising from prior governments under other nations. With no precedents on which to rely, disputes led, at first, to dueling and then to libel cases. Both common law and common sense prevailed while many of the disagreements were aired publicly in newspapers. Mississippi’s first printer, Andrew Marschalk, using his First Amendment rights, wrote …

Blameworthiness And Dangerousness: An Analysis Of Violent Female Capital Offenders In The United States And China, Courtney Lahaie

Graduate Research Symposium (2010 - 2017)

The United States and China represent two of the leading nations that retain the death penalty in both law and practice. Research suggests that judges’ sentencing decisions are based primarily on two factors, blameworthiness and dangerousness. Studies involving gender and sentencing in capital punishment cases tend to provide inconsistent findings. The current study uses case narratives to examine the direct and conjunctive effects of various factors on the sentencing decisions of violent female capital offenders in the United States and China. The findings suggest that the concepts of blameworthiness and dangerousness are distinctly defined in the United States and China. …

Is There An "Innocent Female Victim" Effect In Capital Punishment Sentencing?, Amelia Lane Kirkland

USF Tampa Graduate Theses and Dissertations

Disparities in the administration of capital punishment are a prominent social and political issue. While the focus of death penalty disparity research initially lay with the defendant and how the defendant’s race or ethnicity affects sentencing outcomes, only marginal support for offender effects has been found. A consistent finding, however, is that victim race has a significant effect on capital sentencing outcomes. Recent examinations of the joint effects of victim characteristics indicate that victim gender also has some influence in capital sentencing decisions. While these prior studies have examined the interactive effects of victim gender and victim race the current …

Volume 03, Cheryl Peck, Charles Hoever, Longwood Theater Department, Brittany Anderson, J. Ervin Sheldon, Richard Hayden, Yuri Calustro, Candice Fleming, Rebecca Franklin, Ashley Yocum, Danielle M. Jagoda, Cristina M. Valdivieso, Jameka Jones, Amy Ellis, Ashley Maser, Erikk Shupp, Jamie Yurasits, Joshua Davis, Alexander Leonhart, Kenny Wolfe, Sally Meadows, J. Haley, Amy Jackson, Morgan Howard, Adrienne Heinbaugh, Melissa Dorton, Ciarra Stalker

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

Little Shop of Horrors by Longwood Theater Department

Who Has the Hottest Hotsauce in Farmville: A Quantitative Comparison of Sauces from Local Restaurants by Cheryl Peck and Charles Hoever

Precipitation Effects on the Growth of White Oaks and Virginia Pines on the Mt. Vernon Plantation by Brittany Anderson

Design and Synthesis of Novel Ion Binding Molecules for Self-Assembly and Sensing Applications by J. Ervin Sheldon

A Statistical Analysis of Algorithms for Playing SameGame by Richard Hayden

Intersecting Cylinders at Arbitrary Angles by Yuri Calustro

Putting a Foot in the Revolving Door: Strategies for Reducing …