Legal Studies Commons^™

From Burlesque To Grand Theft Auto: An Historical Analysis Of The Treatment Of The Media-Crime Relationship In Criminology Texts, Lisa A. Kort-Butler, Michael Killingsworth

Qualitative Criminology (QC)

"The degree to which criminological scholarship on the mediacrime relationship has been subject to the tides of moral panics is not well-understood, although there are theoretical reasons to hypothesize about the role of scientists in moral panics. Textbooks are one location in which a discipline chronicles its scholarly history and speaks to the public, making texts an important site for understanding how scholars interpret the media-crime relationship. A content analysis of over 200 criminology texts, ranging in publication dates from 1880 to 2012, was conducted. Almost half the texts covered the media-crime relationship. These texts often appeared to be responding …

Sharon S. Oselin, Leaving Prostitution: Getting Out And Staying Out Of Sex Work, Melisa M. Jaris

Qualitative Criminology (QC)

"Leaving Prostitution highlights the critical role that prostitute-serving organizations (PSO) can play in prostitutes’ efforts to leave the sex industry. PSOs can provide prostitutes subsidized housing, employment opportunities, food, transportation, counseling, education, and mentoring. These fundamental amenities offer prostitutes the life choices and confidence needed to leave the sex industry."

Rachel Zimmer Schneider, Battered Women Doing Time: Injustice In The Criminal Justice System, Cortney A. Franklin

Qualitative Criminology (QC)

"Advocacy and scholarly attention directed toward the plight of battered women began in the mid-1970s (del Martin, 1975). Since that time, a host of research has been conducted on the incidence and prevalence of domestic violence, the dynamics of battering relationships (LaViolette and Barnette, 2014), the predictors of why men batter, and the risk of increasing harm for survivors who are courageous enough to leave domestically violent relationships. As Lenore Walker (1977) so insightfully recognized in her early work using a sample of sheltered women who had escaped a domestically violent partner, these relationships are characterized by specific stages and …

Nickie D. Phillips & Staci Strobl, Comic Book Crime: Truth, Justice, And The American Way, Jordan E. Mazurek

Qualitative Criminology (QC)

"In what can be described as an ethnographic content analysis of (super) heroic proportions, Nickie D. Phillips and Staci Strobl’s Comic Book Crime: Truth, Justice, and the American Way provides an in-depth exploration of crime and justice discourses presented in the medium of the comic book in the first decade of the 2000s. The authors employ years of in-depth participant observation in the comic book subculture along with group interviews to inform their analysis of the story arcs in two hundred popular comic book series, along with a number of graphic novels, in the post-9/11 American context. Drawing on a …

S.F. Sharp, Mean Lives, Mean Laws: Oklahoma’S Women Prisoners, Kerri Bellamy

Qualitative Criminology (QC)

"Using a feminist strain approach, Susan Sharp’s Mean Lives, Mean Laws: Oklahoma’s Women Prisoners, investigates the impact of incarceration on women in the Oklahoma prison system and their families. Oklahoma incarcerates women at a rate of 135 per 100,000, the highest in the nation. The book examines this high incarceration rate by investigating factors such as childhood abuse and neglect which may continue into adulthood and that contribute to women’s imprisonment. Sharp makes it clear that once in prison there are few avenues for the women to obtain education and healthcare or to maintain relationships with family on the …

Sutherland, Edwin H., The Professional Thief, Jurg Gerber

Qualitative Criminology (QC)

"Perhaps because he was the son of a minister and raised in a very traditional home (Geis & Meier, 1977, p.24), Edwin Sutherland (1883-1950) had a populist streak and is known for two major contributions to American criminology: the theory of differential association (DA) and the concept of white collar crime (WCC). His classic book entitled The Professional Thief is at the intersection of these two interests, although its influence has been more acknowledged with respect to DA than WCC. This review traces scholarly reactions to the book and its enduring contributions to American criminology."

Alice Goffman, On The Run: Fugitive Life In An American City, Dzhamilia Makashova

Qualitative Criminology (QC)

"Alice Goffman’s On the Run is an ethnographic study of the impacts of the war on drugs and policing in an American urban neighborhood. Her research started during her sophomore year at the University of Pennsylvania in Dr. David Grazian’s urban ethnography class. As a part of the class, Goffman’s assignment was to pick a site to observe and take notes, and she got a job at a cafeteria at the west edge of Penn’s campus with Miss Deena, a Black woman in her sixties who managed the staff. Through this job, Goffman was introduced to Miss Deena’s family and …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 48, Number 1, Spring 2015

Nebraska Transcript

2 Dean’s Message

Faculty Updates

4 Lenich: Preparing Students for Practice

6 Faculty Notes

16 Medill Recognized for Performance in Employee Benefits Law

17 Bornstein Named Director of Law-Psychology Program

Feature: 18 Chief Justice Roberts Visits College

Around the College

22 Law-Psychology Program Celebrates 40th Anniversary

24 3Ls Boal, Odle Argue before United States Court of Appeals for the Eighth Circuit

24 EClinic Rural Tour

25 Community Legal Education Project Leads Constitution Day Outreach Effort

26 Haugen Spends Summer at International Law Firm in Uruguay

28 Nebraska Law Client Counseling Competition Named for Professors Frank, Lawson

30 December Commencement Pictorial …

Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas

Faculty Publications By Year

In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment.

This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification. For …

Inspiring Public Trust In The Domestic Legal System: The Impact Of The Extraordinary Chambers In The Courts Of Cambodia (Eccc), Jung Min Shin

Independent Study Project (ISP) Collection

No abstract provided.

Imprisonment Inertia And Public Attitudes Toward "Truth In Sentencing", Michael O'Hear, Darren Wheelock

BYU Law Review

No abstract provided.

Justice Deferred Is Justice Denied: We Must End Our Failed Experiment In Deferring Corporate Criminal Prosecutions, Peter R. Reilly

BYU Law Review

According to the U.S. Department of Justice, deferred prosecution agreements are said to occupy an “important middle ground” between declining to prosecute on the one hand, and trials or guilty pleas on the other. A top DOJ official has declared that over the last decade, the agreements have become a “mainstay” of white collar criminal law enforcement; a prominent criminal law professor calls their increased use part of the “biggest change in corporate law enforcement policy in the last ten years.”

However, despite deferred prosecution’s apparent rise in popularity among law enforcement officials, this Article sets forth the argument that …

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

2015 Massachusetts Family Impact Seminar, Emily M. Douglas Ph.D., Melinda Gushwa Ph.D., Licsw, Martha J. Henry Ph.D.

Mosakowski Institute for Public Enterprise

Mission Critical: Reforming Foster Care and Child Protective Services is the sixth Massachusetts Family Impact Seminar. It is designed to emphasize a family perspective in policymaking on issues related to reforming foster care and child protective services in the Commonwealth. In general, Family Impact Seminars analyze the consequences an issue, policy, or program may have for families.

Violence-Related Police Crime Arrests In The United States, 2005-2011, Philip M. Stinson, Steven L. Brewer Jr, Joelle K. Bridges

Criminal Justice Faculty Publications

This study is a quantitative content analysis of news reports and court records on 3,328 violence-related arrest cases of 2,586 individual sworn law enforcement officers during the years 2005-2011. The arrested officers were employed by 1,445 nonfederal state, local, special, constable, tribal, and regional law enforcement agencies located in 805 counties and independent cities in 49 states and the District of Columbia. Binary logistic regression and classification and regression tree (CART) analyses were conducted to predict criminal conviction in violence-related police crime arrest cases. Finding indicate that conviction of police officers on one or more offenses charged are driven by …

Rli 285: Research Library Issues: A Report From Arl, Cni, And Sparc 2015 -- Special Issue On Copyright, Prudence Adler, Brandon Butler, Jonathan Band, Krista Cox

Copyright, Fair Use, Scholarly Communication, etc.

In “Fair Use Rising: Full-Text Access and Repurposing in Recent Case Law,” Brandon Butler, practitioner-in-residence at the American University Washington College of Law, reviews six recent fair use decisions that cut across many socially important and beneficial purposes. He highlights the trend of courts finding in favor of allowing “the broad redistribution of unaltered, full-text documents for new purposes.” Butler explains how this trend presents new opportunities for research libraries to use and re-purpose the full text of copyrighted works in their collections.

Exploring the implications of one critically important case for research libraries, Jonathan Band, legal counsel to the …

Brief For Professor Albert E. Scherr As Amicus Curiae In Support Of Petitioner, Albert E. Scherr

Law Faculty Scholarship

INTRODUCTION AND SUMMARY OF ARGUMENT Professor Scherr agrees with petitioner that review is warranted because the Maryland Court of Appeals decision is erroneous. The Fourth Amendment does not sanction police harvesting of DNA without probable cause and a warrant and without the subject’s knowledge or consent, to be used however the authorities deem appropriate and without restriction. The Maryland Court of Appeals’ decision is contrary to the Supreme Court’s jurisprudence as articulated in the Riley v. California – Maryland v. King – United States v. Jones trilogy. This case fits squarely in the center of the triangle formed by that …

"'The Law’S The Law, Right?' Sexual Minority Mothers Navigating Legal Inequities And Inconsistencies.”, Emily Kazyak

Department of Sociology: Faculty Publications

LGB parents face a number of legal inequities and confront a legal landscape that not only varies drastically by state but also quickly changes. Research has shown that some LGB parents and prospective parents have inaccurate knowledge about the laws relating to parenting. Drawing on data from 21 interviews, I ask how sexual minority mothers gain knowledge about the law. I found that people were very aware of the legal inequities they face and sought to become knowledgeable about the law before they had children. Sexual minority mothers reported using four primary methods to learn about the law: doing independent …

Must Be 18 Or Older: How Current Domestic Violence Policies Dismiss Teen Dating Violence, Rebecca Pensak

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Challenging The Political Assumption That “Guns Don’T Kill People, Crazy People Kill People!”, Heath J. Hodges, Mario Scalora

Department of Psychology: Faculty Publications

Every time an infamous mass shooting takes place, a storm of rhetoric sweeps across this country with the fury of a wild fire. “Why are we letting these people carry guns?” “Why were they not hospitalized?” “The government needs to crack down on this issue!” What is the government’s response to these cries of concern? Politicians and the media attempt to ease public fears by drawing tenuous connections among a handful of poorly understood tragedies. The salient commonality is that these high-profile shooters had some history of mental illness. A cursory review of the Internet will paint a troubling picture …

Ua1c11/63 Mike Mcdowell Photo Collection, Wku Archives

WKU Archives Collection Inventories

Photographs of WKU Police Department personnel, students and activities taken by Mike Dowell.

Ua12/8 Annual Campus Safety & Security Report, Wku Police

WKU Administration Documents

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.

Excusing Murder? Conservative Jurors’ Acceptance Of The Gay Panic Defense, Cynthia J. Najdowski, Jessica Salerno, Bette L. Bottoms, B. L. Harrington, Dave Kemner

Psychology Faculty Scholarship

We conducted a simulated trial study to investigate the effectiveness of a “gay-panic” provocation defense as a function of jurors’ political orientation. Mock jurors read about a murder case in which a male defendant claimed a victim provoked the killing by starting a fight, which either included or did not include the male victim making an unwanted sexual advance that triggered a state of panic in the defendant. Conservative jurors were significantly less punitive when the defendant claimed to have acted out of gay panic as compared to when this element was not part of the defense. In contrast, liberal …

The Online Sex Sting, Michael Cryan

Undergraduate Review

The Youth Internet Safety Surveys are indicative of a small subset of minors who have had contact with sexual offenders in person. Internet sex stings serve to target these adults through the use of police deception, but their use has been on the decline. Sexual offenders are a heterogeneous group; laws often mistakenly lump these various members together. This paper discusses different sources that can take responsible action to prevent online predators from reaching minors and the issue of vigilantism against offenders. Our current laws on sexual predators do not reflect the deeper, more prevalent issue of acquaintance rape.

High Times: Is The Federal Legalization Of Marijuana Next? What The Food And Drug Administration Could Learn From Its Existing Regulations, Christopher B. Erly

American University Journal of Gender, Social Policy & the Law

This student comment examines the efficacy of marijuana being regulated by the Food and Drug Administration. The author discusses and applies potential FDA regulatory models that could be used to regulate marijuana. The comment concludes marijuana could be easily regulated under the current Food and Drug Administration regulatory scheme and suggests that marijuana should be regulated in a manner akin to tobacco rather than as a drug.

The Influence Of A Juvenile's Abuse History On Support For Sex Offender Registration, Cynthia J. Najdowski, M. C. Stevenson, J. M. Salerno, T. R. A. Wiley, B. L. Bottoms, K. M. Farnum

Psychology Faculty Scholarship

We investigated whether and how a juvenile’s history of experiencing sexual abuse affects public perceptions of juvenile sex offenders in a series of 5 studies. When asked about juvenile sex offenders in an abstract manner (Studies 1 and 2), the more participants (community members and undergraduates) believed that a history of being sexually abused as a child causes later sexually abusive behavior, the less likely they were to support sex offender registration for juveniles. Yet when participants considered specific sexual offenses, a juvenile’s history of sexual abuse was not considered to be a mitigating factor. This was true when participants …

A Historical Review And Resource Guide To The Scholarship Of Teaching And Training In Psychology And Law And Forensic Psychology, Cynthia J. Najdowski, Bette L. Bottoms, Margaret C. Stevenson, Jennifer C. Veilleux

Psychology Faculty Scholarship

The field of psychology and law, including forensic psychology, is an exciting concentration of research activity and student training and has grown rapidly, but to what extent have teaching and training efforts in the field been systematically catalogued and evaluated? We conducted a historical review and content analysis of the American and Canadian literature on the scholarship of teaching and training in the field. This review catalogs (a) information related to the development of training and teaching, (b) descriptions of programs and courses at various levels, and (c) articles on teaching resources or techniques in this field. We hope it …

Culpability And Modern Crime, Samuel W. Buell

Faculty Scholarship

Criminal law has developed to prohibit new forms of intrusion on the autonomy and mental processes of others. Examples include modern understandings of fraud, extortion, and bribery, which pivot on the concepts of deception, coercion, and improper influence. Sometimes core offenses develop to include similar concepts, such as when reforms in the law of sexual assault make consent almost exclusively material. Many of these projects are laudable. But progressive programs in substantive criminal law can raise difficult problems of culpability. Modern iterations of criminal offenses often draw lines using concepts involving relative mental states among persons whose conduct is embedded …

Table Of Contents

Journal of Digital Forensics, Security and Law

No abstract provided.

From The Editor-In-Chief, Ibrahim Baggili

Journal of Digital Forensics, Security and Law

Welcome to JDFSL’s second issue for 2015! First, I would like to thank our editorial board, reviewers, and the JDFSL team for bringing this issue to life. In this issue, we continue our multidisciplinary tradition. The first paper, Two challenges of stealthy hypervisors detection: time cheating and data fluctuations, showcases an important contribution to the computing discipline. The use of virtualization has dramatically increased given our strong reliance on cloud services both private and public. Even though hypervisors enhance security, they can also be exploited by malware. Therefore, this paper is of importance given that it introduces a novel method …