Legal Studies Commons^™

All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies And The Rule Of Law, Keith J. Bybee

College of Law - Faculty Scholarship

This paper contains the introduction to the new book, All Judges Are Political—Except When They Are Not: Acceptable Hypocrisies and the Rule of Law (Stanford University Press, 2010).

The book begins with the observation that Americans are divided in their beliefs about whether courts operate on the basis of unbiased legal principle or of political interest. This division in public opinion in turn breeds suspicion that judges do not actually mean what they say, that judicial professions of impartiality are just fig leaves used to hide the pursuit of partisan purposes.

Comparing law to the practice of common courtesy, the …

Cartoon Violence: A Comparison Of Past And Present, Elizabeth Cameron Macias

Theses Digitization Project

This study examined four cartoons in order to determine the extent of the violence, type of violence, and the context of violence in both dated and modern cartoons. To achieve this goal a content analysis of 'The Flintstones', 'The Jetsons', 'The Simpsons' and "Family Guy' was performed. These shows were chosen based on their popularity, classification as family programming, and the influence they have had on American culture.

"The Urban Praetor's Tribunal" In Spaces Of Justice In The Roman World, Eric Kondratieff

History Faculty Publications

"Book abstract: Despite the crucial role played by both law and architecture in Roman culture, the Romans never developed a type of building that was specifically and exclusively reserved for the administration of justice: courthouses did not exist in Roman antiquity. The present volume addresses this paradox by investigating the spatial settings of Roman judicial practices from a variety of perspectives. Scholars of law, topography, architecture, political history, and literature concur in putting Roman judicature back into its concrete physical context, exploring how the exercise of law interacted with the environment in which it took place, and how the spaces …

A Moral Investigation Of Torture In The Post 9.11 World, Joe Moloney

Undergraduate Review

The field of philosophy is unique, as it allows one to logically examine issues in all disciplines, from science to politics to art. One further important discipline that philosophy examines is criminal justice. In this respect, one approach philosophy can take when examining criminal justice is to assess each issue by questioning its morality—that is, whether an action within the issue is right or wrong based upon a system of ethics. This approach concerns the subfield of philosophy known as ethics, a subfield that includes questions concerning what is morally good and morally bad. When one is faced with an …

Do Ugly Criminals Receive Harsher Sentences? An Analysis Of Lookism In The Criminal Justice System, Kelly Beck

Business and Economics Honors Papers

For many years, researchers have attempted to find a link between beauty and labor market outcomes. Although many important findings have been noted in these studies, the beauty analysis utilized was a subjective measurement. This subjective method, while important, may have external factors creating bias in the rating itself. In this study, the impact of beauty is applied to criminals and their sentences. Using a computer based symmetry measurement tool, an objective beauty measurement will be utilized. This study will seek to uncover whether or not criminals who are less attractive, measured through facial symmetry, receive harsher prison sentences than …

Pelaksanaan Hukum Islam Secara Kontekstual Di Indonesia : Analisis Terhadap Kompilasi Hukum Islam (Khi)., Abdul Muiz Khazin

Student Works (2010-2019)

This study focuses on the compilation of Islamic law (KHI) as a book of Islamic law in Islamic Family Law which is legalized the implementation of Islamic law in Indonesia through “The instruction of President No. 1. 1991“. The study based on solely on the library research by utilizing the descriptive analytical, historical and content analysis method in analyzing the collected data. Historically, the implementation of Islamic law in Indonesia has become faded and sometimes depends on local government authority. Initially, the relationship between the Traditions of Nusantara Archipelago and Islamic law has blended and became a law that lives …

Not Undertaking The Almost-Impossible Task: The 1961 Wire Act’S Development, Initial Applications, And Ultimate Purpose, David G. Schwartz

Library Faculty Research

For a Camelot-era piece of legislation, the Wire Act has a long and unintended shadow. Used haltingly in the 1960s, when the Wire Act failed to deliver the death blow to organized crime, 1970’s Racketeer-Influenced and Corrupt Organizations Act (RICO) became a far better weapon against the mob. Yet starting in the 1990s, the Wire Act enjoyed a second life, when the Justice Department used to it prosecute operators of online betting Web sites that, headquartered in jurisdictions where such businesses were legal, took bets from American citizens. The legislative history of the Wire Act, however, suggests that it was …

Film Review: Masculinity & Interracial Intimacy In 'Star Trek' And 'Gran Torino', Adrienne D. Davis

Scholarship@WashULaw

Race has long been a central object of political reflection. The salience of racial difference remains hotly debated, figuring in both “utopian” and “dystopian” visions of America’s political future. If race is a primary configuration of “difference” and inequality in the nation, then intimacy between the races is often construed as either a bellwether of equality and political utopia or a re-inscribing of political dominance, typically represented as sexual predation by men against women. Quite expectedly, these political fantasies and fears are often played out at the multiplex, and we can see them in stark relief in two recent films …

The Interpretation-Construction Distinction, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

The interpretation-construction distinction, which marks the difference between linguistic meaning and legal effect, is much discussed these days. I shall argue that the distinction is both real and fundamental – that it marks a deep difference in two different stages (or moments) in the way that legal and political actors process legal texts. My account of the distinction will not be precisely the same as some others, but I shall argue that it is the correct account and captures the essential insights of its rivals. This Essay aims to mark the distinction clearly!

The basic idea can be explained by …

The Art Of Caring: Woman And Restorative Justice, Peggy Lobb

Antioch University Dissertations & Theses

The process of restorative justice involves the caring compassion of others by providing support for the peaceful resolution of the conflict. The term restorative justice is used to describe a justice practice that has been in existence for hundreds of years in many indigenous communities. Recently, it is emerging in modern criminal justice systems as a way to obtain fair reparation for the victim and to offer an opportunity for the victim and the offender to mediate and reconcile after the offense to restore balance and peace to the community. The process involves the participation of the victim, offender, and …

Participatory Evaluation Of The Tribal Victim Assistance Programs At The Lummi Nation And Passamaquoddy Tribe, Ada Pecos Melton, Michelle Chino

School of Public Health Faculty Research

The high rate of crime in American Indian/Alaska Native (AI/AN) communities and/or against AI/AN people reflected in numerous studies in the last three decades, demonstrates the need for victim assistance programs in Indian Country to help victims cope with and heal from violent crime (Wolk 1982; Allen 1985; Sacred Shawl Women’s Society, no date; McIntire 1988; DeBruyn, Lujan & May 1995; Norton & Manson 1995; Fairchild et. al 1998; Greenfield & Smith 1999; Alba, Zieseniss, et al 2003; Perry 2004). The U.S. Department of Justice, Office for Victims of Crime (OVC) became aware of the lack of resources available to …

Volume 02, Joseph A. Mann, Kathryn J. Greenly, Scott E. Jenkins, Andrew E. Puckette, Daniel M. Honey, Jeffery P. Ravenhorst, Jamie Elizabeth Mesrobian, Thomas Scott, Jay Crowell, Sarah Spangenberg, Amy S. Eason, Kenny Wolfe, Liz Hale, Rachel Bouchard, Will Semonco, Carley York, Ryan Higgenbothom, Adrienne Heinbaugh, Melissa Dorton, Madeline Hunter, June Ashmore, Clark Barkley, Jay Haley

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

Mike's Nite: New Jazz for an Old Instrument by Joseph A. Mann

Investigation of the use of Cucumis Sativus for Remediation Of Chromium from Contaminated Environmental Matrices: An Interdisciplinary Instrumental Analysis Project by Kathryn J. Greenly, Scott E. Jenkins, and Andrew E. Puckette

Development of GC-MS and Chemometric Methods for the Analysis of Accelerants in Arson Cases by Scott Jenkins

Building and Measuring Scalable Computing Systems by Daniel M. Honey and Jeffery P. Ravenhorst

Nomini Hall: A Case Study in the Use of Archival Resources as Guides for Excavation at An Archaeological Site by …

Understanding Terrorism Through The Use Of Gis, Collaborative Project

Dyson College- Seidenberg School of CSIS : Collaborative Projects and Presentations

This entry adhers to the use of the quad chart template to provide a succinct description only of the current research project undertaken by the participants. It provides for the following information

1. Participants and Affiliations
2. Overall Project Goals
3. Illustrative picture
4. Specific research/artistic/pedagogig foci

Review: The Body In The Reservoir: Murder And Sensationalism In The South, April Renfroe-Warren

Georgia Library Quarterly

Review of the non-fiction book "The Body in the Reservoir: Murder and Sensationalism in the South," by Michael Ayers Trotti.

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

De La Fiction Criminelle En Afrique. Relecture Des Films D’Ousmane Sembène, Alexie Tcheuyap

Présence Francophone: Revue internationale de langue et de littérature

For institutional, ideological and even sociological reasons, the detective genre had difficulty rising to prominence within literatures and especially within the field of African cinema. If one observes today its shy emergence in the works of some West African film directors and within popular Nigerian video films, it is nonetheless possible, thanks to a finer scrutiny of theories developed on the subject, to realize that some films by Ousmane Sembène contain aesthetic strategies that allow for a fresh assessment of the works of a director whose films were often reduced to their ideological aspects. This second reading also unravels the …

Volume 01, Jessica Fields, Stephanie Neeley, Derek W. Hambright, Mary E. Lehman, Andrew R. Grzankowski, Zachary Johnson, Boone M. Prentice, Ashley M. Swandby, Victoria Morgan, Katie Williamson, Kristine G. Bender, Katelyn N. Romaine, D. Nicole Swann, Jessica Fox, Mike Mcateer, Alex Grabiec, Laura Nodtvedt, Nick Costa, Rachel Wolfe, Zack Dalton

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

Three Decades of Digging: Undergraduate Archeology at Longwood by Jessica Fields and Stephanie Neeley

Interactions of Allelopathy and Heat Stress in Plants by Derek W. Hambright and Mary E. Lehman

Inertial Electrostatic Confinement D-D Fusion Device: Construction and Simulation by Andrew R. Grzankowski

Shackled Nim by Zachary Johnson

Development of GC-MS and Chemometric Methods for the Analysis of Accelerants in Arson Cases by Boone M. Prentice

A Comparison of Image Analysis Methods in cDNA Microarrays by Ashley M. Swandby

Perceived Sexual Activity of Short and Long-Term Relationships by Victoria Morgan and Katie Williamson

Elderly …

Women, Re-Entry And Everyday Life: Time To Work?, Dina R. Rose, Venezia Michalsen, Dawn R. Wiest, Anupa Fabian

Department of Justice Studies Faculty Scholarship and Creative Works

This study focuses on women at various stages of re-entry into the community after involvement with the criminal justice system. In particular, it takes a close look at how the participants in the study manage their time in the face of the types of competing demands that are all too common to most people.

Natural Law - A Libertarian View, Anthony D'Amato

Faculty Working Papers

What follows from the following two propositions? Legal positivism views law as a command writ large. The commander is the person or group with the most power. Answer: this pernicious mind-set is responsible for our abandonment of personal liberty. For there can be no limit to the imagination and will power of the commander. The plenary jurisdiction of the commander paves the way for Big Government to move in and regulate every aspect of our lives and our privacy. The world wasn't always like this. Prior to the servility that positivism has induced, there was a now-forgotten secular natural law …

Moral Spillovers: The Effect Of Moral Violations On Deviant Behavior, Elizabeth Mullen, Janice Nadler

Faculty Working Papers

Two experiments investigated whether outcomes that violate people's moral standards increase their deviant behavior (the moral spillover effect). In Study 1, participants read about a legal trial in which the outcome supported, opposed or was unrelated to their moral convictions. Relative to when outcomes supported moral convictions, when outcomes opposed moral convictions people judged the outcome to be less fair, were more angry, were less willing to accept the outcome, and were more likely to take a borrowed pen. In Study 2, participants who recalled another person's moral violation were more likely to cheat on an experimental task relative to …

Realities Of A Just Future For The Mayan Community In The Guatemalan State : The Implications Of Historically Discriminatory Rule Of Law And The Possiblity For A Pluri-Ethnic Nation Through Transitional Justice And Customary Law Reformation, Lauren Trinka

Senior Honors Projects, 2000-2009

Abstract not available

Educating For Justice: A History Of John Jay College Of Criminal Justice. [Third Edition]., Gerald Markowitz

Publications and Research

Revision of the previously updated edition Educating for justice. 2004. Includes an interview with Jeremy Travis, the fourth President of John Jay College of Criminal Justice conducted June 5, 2008.

TOC: Introduction. The making of John Jay College; 1965-1970. The era of open admissions: 1970-1976. The crisis: 1976. The development of criminal justice: 1976-1989. The student takeovers of 1989-1991. The quest for equity. John Jay comes of age. Epilogue. Index.

24 And The Efficacy Of Torture, Matthew D. Semel

Criminal Justice Faculty Publications

In the Fox Television Network program 24 a fictional counterterrorism agent named Jack Bauer uses extreme measures, including torture, to save the United States from catastrophic terrorist attacks. Bauer uses torture even though its efficacy is in question and it is illegal. Political leaders, including President George Bush, have endorsed the use of torture and Bauer's fictional success has reinforced that the idea these methods are both necessary and effective in obtaining actionable intelligence. This paper examines existing literature on military interrogations in the context of 24 and reviews empirical and descriptive evidence about existing practices. While researchers cannot ethically …

Toward A Legal History Of Children As Witnesses, William S. Bush, David S. Tanenhaus

History Faculty Publications (Archived)

This essay offers a selective overview of recent trends in the historical scholarship on American childhood from the origins of the American Revolution to the early years of the Cold War. This overview of the literature has two purposes. First, it highlights recent sociocultural scholarship that presents substantive challenges to the conventional ways of understanding the history of children and the law. Second, in so doing, it points out that legal histories concerned solely with doctrinal matters can, and often do, present a limited and distorted window into the past. Instead, the essay argues that the place of children, historically, …

The Duty To Obey The Law, David Lefkowitz

Philosophy Faculty Publications

Under what conditions, if any, do those the law addresses have a moral duty or obligation to obey it simply because it is the law? In this essay, I identify five general approaches to carrying out this task, and offer a somewhat detailed discussion of one or two examples of each approach. The approaches studied are: relational-role approaches that appeal to the fact that an agent occupies the role of member in the political community; attempts to ground the duty to obey the law in individual consent or fair play; natural duty approaches; instrumental approaches; and philosophical anarchism, an approach …

Gender Differences In Age Of Onset For Delinquency:Risk Factors And Consequences, Laura M. Gulledge

USF Tampa Graduate Theses and Dissertations

The age of onset of delinquency has long been viewed as a primary indicator for further delinquency and criminality. However, studies on the risk factors for onset, and future delinquency have focused predominantly on males. The purpose of this study was to explore gender differences and similarities in risk factors for onset and frequency of arrest. The data used in these analyses were from a longitudinal study, Pathways to Adulthood: A Three Generational Urban Study, 1960-1994. Sixty-six percent (N=1,758) of the eligible children completed the final survey. Of these children, only 515 were used in this particular study because they …

On Moral Arguments Against A Legal Right To Unilateral Humanitarian Intervention, David Lefkowitz

Philosophy Faculty Publications

As the international response to recent events in Darfur demonstrates, the restriction of authority to intervene to the United Nations poses the greater legal barrier to intervention. From a practical perspective, then, the more pressing question may be whether international law ought to be modified to permit states, or multi-state organizations, to carry out unilateral humanitarian interventions; that is, interventions that are not authorized by the United Nations. The issue here is essentially a moral one: would the incorporation of a right to unilateral humanitarian intervention entail a moral improvement to international law – for example, a decrease in the …

Ua12/2/1 College Heights Herald, Vol. 81, No. 30 [35], Wku Student Affairs

WKU Administration Documents

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. Articles in this issue:

• Paul, Corey. Alpha Gamma Rhos Apologize for Unbecoming Activities
• McNamara, Andrew. Cards May Replace Keys on Campus
• McNamara, Andrew. Inspections Test Food Services
• Bosken, Nina. Gospel Music Fills Downing University Center Theater
• McNamara, Andrew. Parking Solution Unresolved
• New Program a Plus – Homeland Security Science
• Osborne, Jenni. Get Tough on Animal Abusers
• Newton, Paul. Look Within for Better Image
• Lockhart, Dana. Rally Scholarships a Flawed Idea
• Spencer, Anthony. A Poem for Western’s Spirit
• Wilson, Brandon. Hate-Filled Words Do Nothing to Help
• Brandenburg, Katie. Student Government …

Ua12/2/1 College Heights Herald, Vol. 81, No. 29 [33], Wku Student Affairs

WKU Administration Documents

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. Articles in this issue:

• Gibson, Adam. New Bar Becomes Hot Spot – Dark Star Bar & Grill
• Smith, Jessica. Western Gets into Mind of Carlos Mencia
• Paul, Corey. Freshman Arrested for Theft in PFT – Bruce Williams
• Coulter, Amber. More Students Receive Pell Grants
• Paul, Corey. Western Officers to Get Bikes for Patrol
• Brandenburg, Katie. Scholarships Possible for Students Who Rally
• Cab Chaos a Problem
• Ratliff, Kara. Parking at Western is Not as Bad as Other Universities
• Goguen, David. Teamwork is Key to Success for Western’s Basketball Team
• Hazelwood, …

Ua12/2/1 College Heights Herald, Vol. 81, No. 26 [28], Wku Student Affairs

WKU Administration Documents

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. Articles in this issue:

• Harrell, Bobby. Nursing Waiting List Grows Long
• Bosken, Nina. Chinese Celebrate New Year
• Richardson, Kelly. Students, Faculty Join Local Protest – Greenwood High School Dress Code
• Coulter, Amber. University Presidents to Speak on Budget
• Paul, Corey. Student Arrested During Class – Montez Johnson
• Paul, Corey. Professor Stable after Severe Fall – Youn Kim
• Coulter, Amber. Kentucky State Supreme Court to Review Melissa “Katie” Autry Estate Appeals
• Fee is Fine
• Ploch, William. Governor’s Races Could Take Center Stage
• McNamara, Andrew. Indiana Coal May Cut Costs at …