Legal Studies Commons^™

Seeing And Responding: How Students Perceive School Personnel To Fail To Respond To Bullying, Ethan M. Higgins, Benjamin W. Fisher, Maury Nation

Qualitative Criminology (QC)

"Although research has shown that students and school personnel believe that adults respond to bullying at different rates, it is unclear why these differences occur. Using open-ended survey responses from 189 students, this study investigates why students perceive that school personnel fail to respond to bullying. Students articulated a variety of reasons for school personnel’s lack of response, including ways in which they could fail to see, notice, or respond to the bullying. In turn, students used their agency to understand and counteract school personnel’s lack of response. Theoretical and policy implications are discussed."

Disparity In Context: Judges’ Perspectives On Disparities In A Sentencing Guideline System, Justin M. Smith

Qualitative Criminology (QC)

"Unwarranted disparity in sentencing continues to be a problem in criminal courts. Sentencing, a final step in the multi-stage process of criminal justice, is seen as such an important component of ensuring consistency that legislative policy has created guidelines to control judicial decision-making. Nonetheless, research shows that disparity under sentencing guidelines persists due to influences external to the law - referred to as substantive rationality. Sentencing research overwhelmingly utilizes quantitative analysis of official court data to produce its conclusions about the influences of disparity. The current study builds upon past research by using qualitative analysis of interviews with 20 judges …

Social Exchange And The Formation Of Prison Visitation Communities, Adam Trahan, Douglas Evans

Qualitative Criminology (QC)

"Family members and significant others of incarcerated individuals suffer when their loved ones are incarcerated. The loss of a parent, sibling, child, spouse, or partner to incarceration can be painful. If they wish to stay physically connected to an incarcerated individual, visitation is their only recourse. Visiting a prison can be costly in terms of the amount of time it takes to travel to the facility, the total expenses incurred during travel, and the socio-emotional effects of limited contact. On top of these costs, visitation can be an intricate process to navigate due to the multitude of facility rules and …

Perceptions Of Rehabilitative Change Among Incarcerated Persons Enrolled In A Prison-Equine Program (Pep), Joyce A. Arditti, Amy A. Morgan, Sara Spiers, Virginia Buechner-Maxwell, Vicky Shivy

Qualitative Criminology (QC)

"Guided by a grounded theory methodology, the authors propose a theory of rehabilitation for incarcerated persons within a prison equine program (PEP). Interviews with ten incarcerated men yielded a grounded theory of rehabilitative change centered around the importance of relationships with program staff and horses, and the uniqueness of the barn-equine environment in promoting safe attachments and positive views of self. Special emphasis is placed on the development of secure reparative attachments between men and their horses grounded in acceptance and mutual empathy, as well as the development of redemptive identities whereby participants viewed themselves as having purpose and value …

Fault Lines: An Empirical Legal Study Of California Secession, Bill Tomlinson, Andrew W. Torrance

Seattle Journal of Technology, Environmental, & Innovation Law

Over the last decade, multiple initiatives have proposed that California should secede from the United States. This article examines the legal aspects of California secession and integrates that analysis with findings from an empirical study of public perceptions of such secession. There is no provision in the United States Constitution allowing states, or other political or geographical units, to secede unilaterally. The Civil War was fought to uphold this principle, and the United States Supreme Court confirmed it in its 1869 Texas v. White decision. Nevertheless, numerous instances of secession, both legal and extralegal, have occurred across human history, and …

Juveniles In The Interrogation Room: Defense Attorneys As A Protective Factor, Caitlin N. August, Kelsey S. Henderson

Criminology and Criminal Justice Faculty Publications and Presentations

Juveniles are more susceptible in the interrogation room than adults, due to a host of vulnerabilities that put them at risk. Scholars have suggested that requiring the presence of a defense attorney during interrogations can protect juveniles from making an unintelligent waiver; variations of this type of policy have been mandated in some states across the United States (e.g., Illinois and California). The current study takes an exploratory, qualitative approach to examine how defense attorneys may act as a protective factor in the interrogation room. We interviewed 19 juvenile defenders using a semi-structured interview method; questions focused on experiences in …

"If Consent Is Bought, It Is Not Freely Chosen": Compromised Consent In Prostituted Sex In Ireland, Ivana Bacik

Dignity: A Journal of Analysis of Exploitation and Violence

This article offers feminist arguments for the reconsideration of consent as a legal concept, informed by insights gained through the work of the #MeToo movement and other feminist campaigns. It suggests that consent may be seen as legally compromised in certain contexts of structured gender inequality, such as domestic violence, workplace sexual harassment, and prostitution. The legal understanding of consent in such contexts is antithetical to the conception of consent as “freely and voluntarily” given within a mutual sexual relationship. This understanding of consent underpins the recent introduction of the Nordic model approach into Irish law through the Criminal Law …

Complex Societies And The Growth Of The Law, Daniel Martin Katz, Corinna Coupette, Janis Beckedorf, Dirk Hartung

Research Collection Yong Pung How School Of Law

While many informal factors influence how people interact, modern societies rely upon law as a primary mechanism to formally control human behaviour. How legal rules impact societal development depends on the interplay between two types of actors: the people who create the rules and the people to which the rules potentially apply. We hypothesise that an increasingly diverse and interconnected society might create increasingly diverse and interconnected rules, and assert that legal networks provide a useful lens through which to observe the interaction between law and society. To evaluate these propositions, we present a novel and generalizable model of statutory …

Perceived Benefits And Barriers To Participation In Exercise Among Jordanian University Students, Khaldoun Hamdan

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

Insufficient physical activity is a risk factor for many non-communicable diseases, therefore; the purpose of this study is to examine university students’ perceived exercise benefits and barriers. This cross-sectional descriptive study used Exercise Benefits/Barriers Scale to examine perceived benefits and barriers to exercise among a convenience sample of 517 university students in Jordan. Participants reported significantly higher perceived barriers to exercise than perceived benefits from exercise. The most important perceived barrier to exercise was “I am too embarrassed to exercise”. Moreover, “I will live longer if I exercise” and “exercising increases being accepted by others” were the most important perceived …

Project Management: A Help Or Hindrance A Collaborative Research, Ayman Abu-Rumman

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This small-scale mixed method study explored perceptions of how different project management approaches and tools are used by those working in industry and within academia, and how this may impact on collaborative research projects given their distinct and unique nature. The study also aimed to generate suggestions for how collaboration between industry and academia could be strengthened in the future. Underpinned by a phenomenological perspective, a survey and interviews were conducted with a sample of Jordanian professionals from different industry and academic organisations who had previous experience of working on collaborative research projects. The study identified, consistent with other studies, …

Build A Job Satisfaction Scale From The Views Of Aau Academic Staff In According With The Item Response Theory, Mohammed Marshoud

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The study aimed to build a job satisfaction scale from the views of AAU academic staff in according with the item response theory, where the population study consisted of all academic members at Al-Ahliyya Amman University (AAU) for the year (2018/2017), and they approximately reach (257) academic members, the sample consisted of (154) academic members, which constituted 60 of the original study population, (92) males and (62) females who were randomly selected. The study tool was designed and built based on theoretical literature and scales on measuring job satisfaction at universities. the study tool consisted of (60) items which were …

The Level Teachers’ Knowledge In Public Education For Learning Disabilities Students In Regards Of Variables In Kuwait, Ahmad Saeedy

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

Knowledge, Teachers, learning difficulties, Kuwait, Training Experience

Review Of The Curving Techniques To Evaluate University Test Scores: A Critical And Analytical Study, Afif Rahma, Sophie Barguil

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study presents a critical review of the proposed mathematical methods for curving students scores. Through the presentation of these methods, the study attempts to ask key questions such as: the causes of dispersion in the tests results, the criteria and principles on which the curving methods are based, the limits of application of these methods. The study also attempts to examine the role of the cognitive level of the student, the subjective factors related to the process of learning and teaching, the conditions of admission and registration in the university programs, and the impact of the above on the …

The Impact Of Using The Electronic Barcode Test Via Smartphone In The Achievement Of The Graduate Students In The Achievement Of The Graduate Students In The Faculty Of Educational Sciences At Amman Arab University And Their Attitudes Towards It., Jehad Almomani, Moen Alnasraween

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aimed to identify the effectiveness of using barcode via smartphone in the achievement of graduate students in the Faculty of Educational Sciences at Amman Arab University and their attitudes towards it. The sample of this study is consisted of (63 male and female students studying the statistics in the scientific research course at the Faculty of Educational Sciences in the second semester of the academic year (2018-2019). The sample was selected in an intentional manner and it was divided randomly into two groups; one is experimental and the other one is control. To achieve the goal of this …

Human Resources Planning And Its Effect On The Application Of Total Quality Management Of Jazan University, Zakyeh Arishi, Ikhlas Altarawneh

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims to examinethe effect of Human Resources Planning on the application of Total Quality Management at Jazan University. It aims to demonstrate the actuality of Human Resources Planning practices and process the application of Total Quality Management in Jazan University. The study adopts the descriptive analytical approach by using self-administrated questionnaire as a data collection method. The questionnaire was distributed to a convenient proper sample out of (100) top management level at human resources officials, and quality officials in Colleges of Arts and Sciences in Al-Ardha and Samtah, College of Education in-Arts Departments in Sabya, Academic Institution for …

Goal Orientation Driving To Study By The Students Institute Science And Technical Physical And Sports Activities In Souk Ahras University, Algeria, Bensayah Samir

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

The purpose of the study was to know the level of goal orientation Driving to study by the students of institute science and technical physical and sports activities in Souk Ahras University, as the differences between them according to the variables of the sex, the level of study and the specialty. For that, the researcher used the descriptive analytical method and has distributed a questionnaire (Elliot & Charch 1997) to a simple of 72 students, then he statistically treated the results using the software spss. We found that students have a high level goal orientation and that there are no …

Harmonization Between The Outputs Of Community Colleges And The Labor Market In The Kingdom Of Saudi Arabia /Community College In Hafr Al-Batin As A Sample Model, Leena Alkhlewi

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aims to provide a methodology proposed to achieve harmonizing between the Graduates of community colleges and the Saudi labor market needs. The researcher uses the descriptive survey method. A questionnaire is made to collect credible and acceptable data, whose basic study sample is faculty members in Community Service College in Hafr Al-Batin, which are 32 members. Researcher has got 26 answers, and this study has been applied during academic year 2018G, 1439H. the most prominent results are that there is a high degree agreement of harmonizing between theoretical and applied courses, and that courses of Community College in …

The Degree Of Commitment Of The Faculty Members In The Faculty Of Arts And Sciences In Al-Ahliyya Amman University To The Basic Rules In Building Objective Tests, Attributed To Some Variables, Awnieh Sawalha, Asmaa Al Omary

Al-Balqa Journal for Research and Studies البلقاء للبحوث والدراسات

This study aimed to determine the degree of commitment among faculty members of the Art and Science faculty at Al Ahliyya Amman University to the basic rules in the construction of objective tests of 4 various types; true or false, filling the blank, multiple choice questions, comparison question. And weather the commitment degree is affected by different variables like years of experience and speciality. The study sample consisted of 41 faculty members, who were chosen intentionally from different specialties in the art and science faculty of the 2017/2018 academic year. The researchers developed a tool to measure the degree of …

The Tyranny Of Their Mirrors: Social Backgrounds And Variations In Conservative Judicial Philosophies, Andrew Millman

Fordham Undergraduate Law Review

This Article seeks to examine and compare the judicial behaviors of the five conservative justices on the Supreme Court, especially John Roberts and Neil Gorsuch, through the lens of their social backgrounds and opinion-writing and -joining patterns. The research for this Article focused on the frequency with which all nine justices on the high court joined each other’s opinions and were joined by each other justice, as well as a control group of three earlier Supreme Court terms for comparison. This is the best indicator of whether justices are in alignment on a case, not just on the outcome but …

Towards Increasing Trust In Expert Evidence Derived From Malware Forensic Tools, Ian M. Kennedy, Blaine Price, Arosha Bandara

Journal of Digital Forensics, Security and Law

Following a series of high profile miscarriages of justice in the UK linked to questionable expert evidence, the post of the Forensic Science Regulator was created in 2008. The main objective of this role is to improve the standard of practitioner competences and forensic procedures. One of the key strategies deployed to achieve this is the push to incorporate a greater level of scientific conduct in the various fields of forensic practice. Currently there is no statutory requirement for practitioners to become accredited to continue working with the Criminal Justice System of England and Wales. However, the Forensic Science Regulator …

Policing In A Democratic Constitution, Michael Wasco

Indiana Journal of Constitutional Design

Most constitutions contain provisions relating to or impacting policing. Separate from the armed forces and intelligence services, the police are the state’s internal security apparatus, and codifying issues related to policing within a constitution can ensure efficient service delivery and human rights protections.

Originating from the Libyan constitution making process, this paper provides a taxonomy of options for constitution drafters and scholars. More so than other issues, such as separation of powers or human rights protections generally, policing sections are very country specific. While not advocating for specific best practices, the work gives ample justifications for certain policing principles and …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 53, Number 2, Fall 2020

Nebraska Transcript

Dean's Message - Richard Moberly 1

Professor Anthony Schutz focuses on pedagogy, research as College’s new associate dean for faculty 4

Women Lead 2020 conference spurs attendees to ‘Claim Your Power’ 6

Molly Brummond honored for her outstanding contributions to women 10

John Lenich honored for work with students 12

Bobby Larsen selected as American Constitution Society Next Generation Leader 13

Anna Shavers receives Nebraska Bar Association 2020 Diversity Award 13

Sullivan’s Tenant Assistance Project represents renters facing eviction 14

Alumni, Tenant Assistance Project, a projected conceived by alumna Mindy Rush Chipman, ’07, and professor Ryan Sullivan, ’10, honored with …

The Internet Never Forgets: Image-Based Sexual Abuse And The Workplace, John Schriner, Melody Lee Rood

Publications and Research

Image-based sexual abuse (IBSA), commonly known as revenge pornography, is a type of cyberharassment that often results in detrimental effects to an individual's career and livelihood. Although there exists valuable research concerning cyberharassment in the workplace generally, there is little written about specifically IBSA and the workplace. This chapter examines current academic research on IBSA, the issues with defining this type of abuse, victim blaming, workplace policy, and challenges to victim-survivors' redress. The authors explore monetary motivation for websites that host revenge pornography and unpack how the dark web presents new challenges to seeking justice. Additionally, this chapter presents recommendations …

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review (2017-Present)

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their clients, high …

Research Across The Curriculum: Using Cognitive Science To Answer The Call For Better Legal Research Instruction, Tenielle Fordyce-Ruff

Dickinson Law Review (2017-Present)

The American Bar Association (ABA), law students, and employers are demanding that law schools do better when teaching legal research. Academic critics are demanding that law professors begin to apply the lessons from the science of learning to improve student outcomes. The practice of law is changing.

Yet, the data shows that law schools are not changing their legal research curriculum to respond to the need of their students or to address the ABA’s mandate. This stagnation comes at the same time as an explosion in legal information and a decrease in technical research skills among incoming students. This article …

No Path To Redemption: Evaluating Texas’S Practice Of Sentencing Kids To De Facto Life Without Parole In Adult Prison, Lindsey Linder, Justin Martinez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

David Versus Godzilla: Bigger Stones, Jerry Ellig, Richard Williams

Dickinson Law Review (2017-Present)

For four decades, U.S. Presidents have issued executive orders requiring agencies to conduct comprehensive regulatory impact analysis (RIA) for significant regulations to ensure that regulatory decisions solve social problems in a cost-beneficial manner. Yet experience demonstrates that agency RIAs often fail to live up to the standards enunciated in executive orders and Office of Management and Budget (OMB) guidance. The Office of Information and Regulatory Affairs (OIRA) oversees agency compliance with the executive orders, but OIRA is about half the size it was when it was established in 1980. Regulatory agency staff outnumber OIRA staff by a ratio of 3600 …

Book Review: A Citizen’S Guide To Impeachment, By Barbara Radnofsky, Wendy M. Rohleder-Sook

eJournal of Public Affairs

No abstract provided.

Homicide And Drug Trafficking In Impoverished Communities In Brazil, Elenice De Souza Oliveira, Braulio Figueiredo Alves Da Silva, Flavio Luiz Sapori, Gabriela Gomes Cardoso

Department of Justice Studies Faculty Scholarship and Creative Works

Many studies demonstrate that homicides are heavily concentrated in impoverished neighborhoods, but not all socially disadvantaged neighborhoods are hotbeds of violence. Conducted in Belo Horizonte, Brazil, this study hypothesizes that the association between high rates of homicide and impoverished areas is influenced by the emergence of a specific type of street drug-dealing common to favelas (slums). The study applies econometric techniques to police data on homicides and drug arrests from 2008 to 2011, as well as 2010 Census data, to test its hypothesis. The findings provide insight into the development of crime prevention policies in areas of high social vulnerability.

Development And Validation Of A Multidimensional Scale For Measuring Public Confidence In The Criminal Justice System, Jimin Pyo

Dissertations, Theses, and Capstone Projects

Two studies were conducted with an aim of developing multidimensional measures of public confidence that are conceptually integrated, psychometrically sound, and useful in predicting individuals’ law related behaviors. Study 1 involves two-phased construction of scale in which a preliminary inventory was generated (Phase 1) and then finalized after evaluating psychometric properties based on 304 US adults recruited through Amazon’s Mechanical Turk (MTurk) (Phase 2). As a result, six multidimensional scales were constructed respectively for measuring efficiency-, finality-, fairness-, strictness-, accuracy-, and transparency-oriented confidence. Despite more complexity of factor structures than originally expected, results of psychometric evaluation six scales of confidence …