Legal Studies Commons^™

Advancing Behavioral Health Literacy, James Scollione

Journal of Social, Behavioral, and Health Sciences

Accessing, comprehending, and using information to make informed decisions and improve one’s overall health or well-being are the foci of health literacy. The concept of behavioral health was introduced in the early 1980s and, since then, it has influenced new ideas (e.g., behavioral health literacy and integrated behavioral health care) and gained research and public attention. My aim is to provide an overview of definitions (i.e., health literacy, mental health literacy, and behavioral health literacy) and their connection to each other. I propose an expanded and honed definition of behavioral health literacy to enhance the behavioral health literacy and well-being …

Nebraska Transcript (University Of Nebraska College Of Law), Fall 2021

Nebraska Transcript

Dean's Message

Lovell making a difference through civil rights advocacy 12

Russell Lovell, ’69, executive summary of forthcoming article 16

Beard named editor-in-chief of Woomera Manual 4

Tech Refactored Podcast hits milestones 6

Shoemaker earns Carnegie Fellowship to explore rural futures 8

Immigration Clinic students hold second annual naturalization clinic 19

Nebraska Law joins national police practices effort 20

Professor Eric Berger: Examining lethal injection 22

Grant expands access to attorneys in rural areas 24

Clinical Legal Education Association recognizes Dugger, Lengeling, O’Neill and Sonnenfeld 26

Murga Rios awarded Immigrant Justice Corps fellowship 28

Faculty Notes 30

Professor Kyle Langvardt: …

Creating A Home Base For Treatment In Homeless Courts, Kyle C. Troeger

Student Publications

As the number of unsheltered homeless increases, an alternative to criminalization, homeless courts, have also become more common. 18 States currently have one or more specialty court programs dedicated to meting out alternative sentencing to the local homeless. Homeless courts are a rehabilitative process with the end goal of reintegration into society. They allow nonviolent misdemeanors to be resolved without jail time or fines. In lieu of traditional sentencing is community service and mandated self-improvement. This chapter examines the current criminalization, and history, of homelessness in the United States. Of primary interest is the development of homeless courts as an …

Legal Positivism As A Theory Of Law’S Existence: A Comment On Margaret Martin’S "Judging Positivism", Jorge Luis Fabra-Zamora

Journal Articles

This comment critically examines the conception of legal positivism that informs Margaret Martin’s interesting and multilayered challenge against the substance and method of this intellectual tradition. My central claim is that her characterization of the substantive theory of legal positivism sets aside a more fundamental and explanatory prior dimension concerning the positivist’s theory of the existence of legal systems and legal norms. I also argue that her understanding of the positivist’s descriptive methodology as a nonnormative project is too demanding and overlooks both the relationships between law and morality recognized by contemporary legal positivists and the pivotal distinction between internal …

Legal Education In Indonesia, Adriaan Bedner, Jacqueline Vel

The Indonesian Journal of Socio-Legal Studies

Many of the discussions about legal education in Indonesia are similar to the ones conducted in other countries. They reflect the tension between a liberal legal education on the one hand and a vocational training on the other, as well as the tension between a legal education preparing students for legal practice and one preparing them for a broad range of generalist positions. However, we argue that legal education in Indonesia is also marred by problems of the legal system itself and by a lack of communication between its constituent parts – the judiciary, the legislative, the bar, public prosecutors, …

Editorial Foreword Ijsls Volume 1 Number 1, Sulistyowati Irianto

The Indonesian Journal of Socio-Legal Studies

No abstract provided.

Parental Incarceration And The Costly Effects On Their Children, Briana Rae Zocher

Master of Arts in Criminal Justice Leadership

The purpose of this project is to bring awareness to the silent victims associated with parental incarceration – their children. Throughout this project, the focus will be aimed towards promoting the education of the effects of parental incarceration and the impact it has on their children in a variety of compacities and how those settings influence incarceration amongst children of incarcerated parents. In addition, this paper will discuss parental incarceration in three different lens views: administrative, ethical, and legal. First, the administrative lens pertaining to leadership and evolution to successful leadership, especially the critical component of crisis communication strategy. Second, …

Las Vegas Metropolitan Police Department (Lvmpd) Budget Review, Fiscal Years 2018-2021, Olivia K. Cheche, Elia Del Carmen Solano-Patricio, Caitlin J. Saladino, William E. Brown Jr.

Criminal Justice

The Las Vegas Metropolitan Police Department’s (LVMPD) annual budget increased every fiscal year (FY) from 2018 to 2021. Using data provided by the LVMPD’s final budget reports for FY 2018 to 2021, this Fact Sheet details LVMPD funding increases and summarizes budget expenditures by unit and area command.

The Return Of A Judicial Artifact? How The Supreme Court Could Examine The Question Of The Nondelegation Doctrine’S Place In Future Cases, Dalton Davis

Helms School of Government Undergraduate Law Review

No abstract provided.

Moving From Policies To Performance: Complexities And Evidence, Patrick J. Keenan

Georgia Journal of International & Comparative Law

No abstract provided.

Making The Optimistic Case For Policing Reform: Police As Partners And Reform As True To Democratic Values And America's Vision Of Itself, Dr. Ihsan Alkhatib

Georgia Journal of International & Comparative Law

No abstract provided.

Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe

Georgia Journal of International & Comparative Law

No abstract provided.

How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan

Georgia Journal of International & Comparative Law

No abstract provided.

Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams

Georgia Journal of International & Comparative Law

No abstract provided.

Recreation And Realization: Reported Motivations Of Use Among Persons Who Consume Psychedelics In Non-Clinical Settings, Cindy Brooks Dollar

Qualitative Criminology (QC)

"Psychedelic research is said to be going through a renaissance with widespread public and political attention on psychedelics’ ability to clinically resolve various medicalized issues. The prevailing cultural narrative of psychedelics almost touts it as a panacea when used in regulated, clinical settings under the supervision of a trained guide. While clinical studies are certainly informative, it is important to recognize that most psychedelic use takes place in social settings, not clinical ones. This paper seeks to expand the narrative on psychedelic research by presenting in-depth interview data on a diverse sample of 30 persons who report using psychedelic substances …

Everyday Aesthetics, Space, And The Sensory: Fear Of Crime And Affect In Inner Sydney, Murray Lee, Jonathan Jackson, Justin R. Ellis

Qualitative Criminology (QC)

"In this paper we explore pre-conscious aesthetic and sensorial aspects of affect in fear of crime. Drawing on data from focus groups undertaken in inner Sydney, Australia, we link the sensory and aesthetic preconditions of fear of crime to its affective, behavioural and cognitive elements. We argue that fear is grounded in the structural, personal and inter-subjective components of individual’s lives and their interaction with physical and social environments, which then influence how individuals cognitively understand their own risks and react behaviourally to these emotional responses. By bringing alive the importance of environmental cues and the cultural and structural positions …

Marijuana-Related Crime In Oregon Following Legalization Of Recreational Use, Ana Alicia Soto

Dissertations and Theses

In this decade we are seeing the legalization of recreational marijuana occurring across the nation, with new legislation being passed every year. This necessitates research into what works within the regulatory framework of states where MJ has been legalized. This study sets out to look at Oregon's implementation of recreational marijuana and its impact on marijuana-related offenses. Using NIBRS, we examine marijuana-related offenses across 13 counties with crime data from 41 agencies in Oregon from pre-legalization to post-legalization (2010 to 2019). This study uses elements of legalization, licenses, and production to analyze the association between these aspects and offenses that …

Conducting A Systematic Social Observation Of Body-Camera Footage: Methodological And Practical Insights, Vijay Chillar, Eric Piza, Victoria Sytsma

Qualitative Criminology (QC)

"Increased use of video recording technologies such as drones, smartphones, CCTV, and body-worn cameras (BWCs), provides researchers with modes for observing human behavior in their natural settings. Although not originally intended for empirical inquiry, these data sources facilitate a video data analysis (VDA) framework used in the social sciences. BWCs represent an emerging technology within this framework, and BWC footage provides valuable insight into situational dynamics at play during various social phenomena. When combined with systematic social observation (SSO), researchers are well-equipped to unpack social phenomena in a manner that overcomes many challenges of traditional qualitative methodologies. This article incorporates …

“I’M Doing Everything Right All Over Again”: How Women Manage Exiting Street Prostitution Over Time, Nili Gesser, Corey Shdaimah

Qualitative Criminology (QC)

"Exiting the criminalized sale of sex, which we refer to as prostitution, is a complex, recursive process which has been rarely studied longitudinally. Using typical case sampling, we selected two respondents from a two-year ethnographic study of a courtaffiliated diversion program in Philadelphia who participated in a total of eight interviews. Saldaña’s (2009) seldom-used longitudinal coding method was applied to conduct a fine-grained analysis of participants’ perceptions of exiting prostitution over time, focusing on participants’ motivations and actions. Respondents managed expectations of others and themselves and their sense of self-worth within a context of changing relationships, structural opportunities, accomplishments and …

Indigenous Reintegrative Shaming: A Comparison Of Indigenous Legal Traditions Of Canada And Braithwaite's Theory Of Reintegrative Shaming, Emily Sinclair

Bridges: An Undergraduate Journal of Contemporary Connections

Upon the arrival of European settlers in Canada, Indigenous legal traditions have continuously been undermined as customary law with an insignificant role in crime prevention and sanctioning. This paper will argue that Indigenous legal traditions deserve a larger role in Indigenous self-governance as their customs demonstrate aspects of crucial crime prevention theories such as Braithwaite’s theory of reintegrative shaming. The interconnection between reintegrative shaming and Indigenous legal traditions pre-contact and post-contact demonstrate concepts of community socialization, informal sanctions and restorative practices that foster the wellbeing of the community, victims and offenders. As such, Braithwaite’s theory demonstrates the importance of each …

The Truth(S) Behind “True Crime”: Examining The Role Of Narrative In The Retellings Of The Rafay Family Murders, Samantha L. Richard

FIMS Major Projects and Creative Projects

In April of 1995, the Royal Canadian Mounted Police (RCMP) launched their second ever “Mr. Big” operation: one that involves an intricate interrogation technique designed to elicit a confession from suspected criminals in cases where physical evidence cannot link the accused to the crime. The targets of this operation were suspected murderers Sebastian Burns and Atif Rafay. The highly publicized case was discussed extensively through traditional news coverage, as well as in various stories of the true crime genre. Through the use of narrative theory, this paper examines the role of narrative in the retelling of the Rafay family murders. …

Budding Change, Pamela R. Metzger, Victoria Smiegocki, Kristin Meeks

Deason Center Reports

Budding Change explores what happened when Dallas County District Attorney John Creuzot (DA Creuzot) radically changed his office’s policies about the prosecution of first-time misdemeanor marijuana cases. The report concludes that DA Creuzot’s 2019 policies were associated with significant reductions in police enforcement of marijuana misdemeanor laws. As a result, marijuana screening caseloads within the District Attorney’s Office declined substantially. Budding Change shows that prosecutorial policies can have a profound impact on policing behaviors.

The Abcs Of Racial Disparity, Pamela R. Metzger, Kristin Meeks, Victoria Smiegocki, Kenitra Brown

Deason Center Reports

Data show that Black and White people use marijuana at roughly equal rates. Yet in 2018, in six of Dallas County's biggest cities, Black people were vastly overrepresented in the enforcement of low-level drug crimes. With a look at enforcement trends before the election of District Attorney John Creuzot, this study launches a series of reports about how his reforms have impacted Dallas County.

Reflections On The Value Of Socio-Legal Approaches To International Economic Law In Africa, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

In their introductory essay to the 2021 Chicago Journal of International Law Symposium, Daniel Abebe, Adam Chilton, and Tom Ginsburg offer an account of “the rise of the social science approach to international law, explain the basics of the method, and advocate for its continued adoption.”

This Essay critically assesses how and why one might use socio-legally inspired methods (analytical, empirical, and normative) for the study of international economic law (IEL) in Africa. It illustrates the empirical method’s importance in understanding one of the most challenging aspects of the study of IEL in Africa: capturing the data and dynamism of …

Increasing Accountability For Rape In Liberia: The Need For A Forensic System To Increase The Success Rates Of Prosecution, Pela Boker Wilson

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

The need for a fully functioning forensic system has been identified by the Liberian government and international partners, but it has not been addressed. This Article argues that despite a robust framework put in place to create accountability for rape, Liberia needs a system of collecting and processing forensic evidence to increase the success rate of prosecutions that currently fail due to the inadequacy of non-forensic evidence.

Editor's Introduction To Comments On The Crimcon Controversey, Scott Jacques

Qualitative Criminology (QC)

This piece introduces two comments and a rejoinder on the “CrimCon Controversy.” I learned of the controversy on Twitter, in early January 2021.

The Crimcon Controversy: An Essay Addressing Irb Approval, Informed Consent, And The Interpretation Of Results, Kevin Buckler, Eryn O'Neal

Qualitative Criminology (QC)

"In “COVID-19 and academia: Considering the future of academic conferencing,” Reinhard, Stafford, and Payne (2021) present findings based on an analysis of video and audio-recorded CrimCon presentations. The study’s ethics are questionable. A concern is that the investigators did not seek the informed consent of participants. In this essay, we discuss the federal human subjects regulatory definition of “human subjects,” and explain how it substantiates our concern in light of the facts.1 Key among them is that a coinvestigator, Payne, was also on the board that organized the conference, the Criminology Consortium. As such, he was involved in the development …

A Test Of Leadership: Insight From Two Women From The Founding Crimcon Board, Joan Antunes, Breanna Boppre

Qualitative Criminology (QC)

"We write this commentary as two former members of the founding Criminology Consortium (CrimCon) board. In this essay, we share our gendered experiences with respect to the board’s role in Reinhard, Stafford, and Payne’s (2021) article, “COVID- 19 and academia: Considering the future of academic conferencing.” The paper’s third author, Payne, was on the board with us, and remains on it as we write. We will discuss issues with the study process and conclusions. We wish to share our perspectives on the board to inform future leadership and efforts towards public scholarship within criminology."

Seeing The Vision And Moving Forward: The Future Of The Crimcon Conference From The New Board, Bobbie Ticknor, Jessica Warner, Carlos Rojas, Arelys Madero, Daniel Lytle

Qualitative Criminology (QC)

"The Criminology Consortium (CrimCon) was created during one of the worst international pandemics seen in modern history. A group of innovators keenly perceived the need to create a new way to disseminate knowledge in the field because many of our existing conferences and annual meetings were postponed or cancelled due to the pandemic. There was a major void felt in the field by the cancellation of our traditional face-to-face conferences. There are many advantages to attending and participating in conferences in our field. These annual meetings give academics, researchers, practitioners, and policymakers ways to communicate their research, learn about the …

Taking Restorative Justice Seriously, Adriaan Lanni

Buffalo Law Review

Those seeking to reduce mass incarceration have increasingly pointed to restorative justice—an approach that typically brings thoseaffected by a criminal offense together in an attempt to address the harmcaused by the offense rather than to mete out punishment. This Article is an attempt to think seriously about incorporating restorative justice throughout the criminal legal system. For restorative justice proponents, expanding these practices raises a host of questions: Does the opportunity to alleviate mass incarceration justify collaboration with a deeply flawed criminal legal system? Will the threat of criminal prosecution destroy the voluntariness and sincerity that is essential for a successful …