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Full-Text Articles in Legal Studies

Philosophical Inquiry And Social Practice, John Henry Schlegel Jun 2015

Philosophical Inquiry And Social Practice, John Henry Schlegel

Journal Articles

No abstract provided.

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Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega Apr 2015

Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega

Politics Honors Papers

For nearly two centuries following its adoption, the Second Amendment was largely ignored and even referred to as a “dead amendment.” Virtually all legal scholarship considered the right protected by the amendment to be a collective right written into the Constitution to protect local militias from a powerful federal standing army. However, beginning in the late 1970s a surge of libertarian scholarship began to emerge promoting the Second Amendment as a safeguard for an individual right to bear arms without any connection to military service. Promoted by the National Rifle Association and libertarian theorists, the individual-right theory began to gain …

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Editorial, Willard M. Oliver Apr 2015

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

"Welcome to the third volume of the Journal of Qualitative Criminal Justice & Criminology. I am pleased to report that the journal is still going strong and manuscripts continue to be submitted on a regular basis. The journal continues to hold its authors to a high standard and as you will note for this issue’s updated analytics, the journal is currently holding a 16.9% acceptance rate. I believe you will see the satisfactory results of maintaining the high standards in this first issue of Volume 3. Lisa Kort-Butler and Michael Killingsworth lead off with a historical analysis of media-crime …

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“Were You Drunk At The Time?”: The Influence Of Parole Boards On Accounts And Neutralization Techniques In State Parole Hearings, Danielle Lavin-Loucks, Kristine Levan Apr 2015

“Were You Drunk At The Time?”: The Influence Of Parole Boards On Accounts And Neutralization Techniques In State Parole Hearings, Danielle Lavin-Loucks, Kristine Levan

Qualitative Criminology (QC)

"This paper examines the collaborative nature of accounts and neutralization techniques that are employed in parole hearings. Prior research using neutralization theory has largely overlooked the role of other actors in the development of neutralizations, examining them through interviews or narratives where interaction is either scripted or limited and thus has little bearing on the production of such accounts. In contrast, this study evaluates real time interaction, examining how parole board members propose, respond to, and modify neutralizations issued by inmates seeking parole. Ethnographic observations of 438 regular parole and parole revocation hearings, videotapes of 40 such hearings from the …

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Becoming A Hacker: Demographic Characteristics And Developmental Factors, Kevin F. Steinmetz Apr 2015

Becoming A Hacker: Demographic Characteristics And Developmental Factors, Kevin F. Steinmetz

Qualitative Criminology (QC)

"Hackers are not defined by any single act; they go through a process of development. Building from previous research and through ethnographic interviews and participant observation, the current analysis examines characteristics which may influence an individual’s development as a hacker. General demographic characteristics are analyzed, the participants’ school experiences are discussed, and perceived levels of parental support and influence are defined. Finally, descriptions of first exposures to technology, the concept of hacking, and the hacking community are presented. The study concludes with theoretical implications and suggestions for future research."

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Summer Cop: A Qualitative Study Of Summer Police Officers, Brad Campbell Apr 2015

Summer Cop: A Qualitative Study Of Summer Police Officers, Brad Campbell

Qualitative Criminology (QC)

"There are approximately 18,000 police agencies employing 750,000 police officers in the United States in order to police a population over 300 million citizens. In addition, sketchy estimates state there are 400,000 police reserves assisting full-time sworn officers in their duties. One major subgroup of these police reserves are summer police officers (“summer cops”) who serve full-time during the tourist season in mostly beach communities. There has been little to no research into this subpopulation of police officers and little is known about their background and reasons for becoming summer reserve officers. In order to fill this gap in the …

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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 Apr 2015

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 …

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Sharon S. Oselin, Leaving Prostitution: Getting Out And Staying Out Of Sex Work, Melisa M. Jaris Apr 2015

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."

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Rachel Zimmer Schneider, Battered Women Doing Time: Injustice In The Criminal Justice System, Cortney A. Franklin Apr 2015

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 …

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Nickie D. Phillips & Staci Strobl, Comic Book Crime: Truth, Justice, And The American Way, Jordan E. Mazurek Apr 2015

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 …

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S.F. Sharp, Mean Lives, Mean Laws: Oklahoma’S Women Prisoners, Kerri Bellamy Apr 2015

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 …

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Sutherland, Edwin H., The Professional Thief, Jurg Gerber Apr 2015

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."

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Alice Goffman, On The Run: Fugitive Life In An American City, Dzhamilia Makashova Apr 2015

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 …

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Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas Apr 2015

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 …

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Inspiring Public Trust In The Domestic Legal System: The Impact Of The Extraordinary Chambers In The Courts Of Cambodia (Eccc), Jung Min Shin Apr 2015

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.

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The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo Mar 2015

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 …

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Copyrights And Creativity: The Affects Of Copyrights On Fairy Tales, Dina Arouri Jan 2015

Copyrights And Creativity: The Affects Of Copyrights On Fairy Tales, Dina Arouri

Honors Program Theses

This work attempts to argue for a correlative relationship between copyright law and the evolution of literary works. It uses the laws and common practices of intellectual property to achieve this hypothesis.

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The Making Of A Libertarian, Contrarian, Nonobservant, But Self-Identified Jew, Randy E. Barnett Jan 2015

The Making Of A Libertarian, Contrarian, Nonobservant, But Self-Identified Jew, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Many academics are unaware that I am Jewish, no doubt due, in part, to my last name as well as to my politics, Yet growing up as a Jew in Polish-Catholic Calumet City, Illinois and as a kid from Calumet City attending Temple in Hammond, Indiana made me quite conscious of the tyranny of the majority. This environment, together with the influence of my father, had a deep affect on my views of liberty, justice, individual rights, and the U.S. Constitution. In this brief essay, prepared for a symposium on “Judaism and Constitutional Law: People of the Book,” held at …

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Three Globalizations: An Essay In Inquiry, John Henry Schlegel Jan 2015

Three Globalizations: An Essay In Inquiry, John Henry Schlegel

Journal Articles

No abstract provided.

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Why Feminism Matters To The Study Of Law, Kim Brooks Jan 2015

Why Feminism Matters To The Study Of Law, Kim Brooks

Articles, Book Chapters, & Popular Press

Queen’s Law Faculty is home to Feminist Legal Studies Queen’s, a research group that expands awareness and development of scholarship in feminist legal studies, enables the development of feminist legal scholars at Queen's, and fosters connections among feminists with an interest in law. In Fall 2014, I had the privilege of returning to Queen’s Law to give the first seminar in FLSQ’s 2014-2015 lecture series. I was tasked with providing some reflections on why feminist legal theory matters. What follows is the text from the talk.

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Into The Red: A Look Into The Reasons Why Refugees Decide To Flee, Settle Or Migrate To And From Morocco, Fadeelah E. Holivay Dec 2014

Into The Red: A Look Into The Reasons Why Refugees Decide To Flee, Settle Or Migrate To And From Morocco, Fadeelah E. Holivay

Master's Theses

This research paper explores some of the main reasons why refugees and asylum seekers, particularly from sub-Saharan African countries, embark on a journey and decide to settle, flee or migrate to and from Morocco. Because of this phenomenon, Morocco has seen a 96% increase of refugees migrating to the borders of Morocco each year for the past three years. Many say that this astonishing increase of migrants choosing Morocco is due to such factors as: wars breaking out regionally across central African and Middle Eastern countries causing them to flee; Morocco being a culturaly diverse francophone country whose laws and …

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El Caso De Madygraf (Ex-Donnelley): Una Exploración De La Tensión Entre La Legalidad Y La Legitimidad De Las Empresas Recuperadas En Argentina / The Case Of Madygraf (Ex-Donnelley): An Exploration Of The Tension Between The Legality And The Legitimacy Of Recovered Businesses In Argentina, Maggie Joyce Dec 2014

El Caso De Madygraf (Ex-Donnelley): Una Exploración De La Tensión Entre La Legalidad Y La Legitimidad De Las Empresas Recuperadas En Argentina / The Case Of Madygraf (Ex-Donnelley): An Exploration Of The Tension Between The Legality And The Legitimacy Of Recovered Businesses In Argentina, Maggie Joyce

Independent Study Project (ISP) Collection

In December 2001, Argentina declared the largest economic debt default in history. Following the default, Argentina’s economy spiraled into depression and a severe economic crisis plagued the country. Unemployment skyrocketed, dollar shortages continued, and many businesses closed under financial pressures. As private business and large corporations alike shut their doors indefinitely, oftentimes under the auspices of fraudulent bankruptcies, freshly unemployed workers across the country reclaimed their right to work by occupying their workplaces and eventually putting them back into production. These businesses now under worker control are part of the empresas recuperadas, or recovered businesses, phenomenon. The fight for existence …

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What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez Nov 2014

What Color Is The Number Seven? Category Mistakes Analysis And The "Legislative/Non-Legislative" Distinction, John Martinez

Brigham Young University Journal of Public Law

No abstract provided.

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Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr. Nov 2014

Essay: Philemon, Marbury, And The Passive-Aggressive Assertion Of Legal Authority, Paul J. Larkin Jr.

Brigham Young University Journal of Public Law

No abstract provided.

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Gate Keeping And The Politics Of Access To Prisons: Implications For Qualitative Prison Research, Janani Umamaheswar Oct 2014

Gate Keeping And The Politics Of Access To Prisons: Implications For Qualitative Prison Research, Janani Umamaheswar

Qualitative Criminology (QC)

"In this article, I draw on and contribute to existing literature on reflexivity and access in qualitative research, specifically in the context of prison research. I do this through a critical discussion of the research process involved in conducting a study on women prisoners in the U.S. In addition to describing the obstacles I faced in gaining access to a research site in which to conduct the study, I also discuss the implications of gate keeping for knowledge produced about women prisoners. Finally, I build on Bosworth et al.’s (2005) discussion of prison research using communication by mail. I argue …

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Sarah Wilson, The Origins Of Modern Financial Crime: Historical Foundations And Current Problems In Britain, Aneta Spaic, Claire Angelique Nolasco Oct 2014

Sarah Wilson, The Origins Of Modern Financial Crime: Historical Foundations And Current Problems In Britain, Aneta Spaic, Claire Angelique Nolasco

Qualitative Criminology (QC)

"This book traces the roots of financial crime to the Victorian Era roughly between the years 1840-1880. Wilson situates financial crime within the context of the concerns, perceptions, developments, and issues endemic to that period. She attempts to draw the reader to the realities of this particular Victorian era as it was unfolding and explains how financial misconduct within commerce became rampant as construction of the railways spurred the growth of industrialization. The book contributes to existing literature on financial crime by providing a historical analysis of its etymology and creating awareness of its historical origins and prevalence long before …

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Legalizing Recreational Marijuana: Comparing Ballot Outcomes In Four States, Kenneth Leon, Ronald Weitzer Oct 2014

Legalizing Recreational Marijuana: Comparing Ballot Outcomes In Four States, Kenneth Leon, Ronald Weitzer

Qualitative Criminology (QC)

"Medical marijuana is now available in 23 states, and its growing acceptance has paved the way for the legalization of recreational marijuana. This article examines four recent campaigns to legalize recreational marijuana–two failures and two successes. Using data from newspaper sources, interviews with key players, and other sources, we examine the factors that influence whether a ballot initiative succeeds or fails. We identify similarities and differences between the four measures, the social forces shaping the debate, their claims and counterclaims, and a set of factors that appear to increase the odds that a recreational marijuana ballot measure will be successful."

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An Examination Of The Researcher Guard Role: Bringing Prison Fieldwork Into The 21st Century, Scott Chenault Oct 2014

An Examination Of The Researcher Guard Role: Bringing Prison Fieldwork Into The 21st Century, Scott Chenault

Qualitative Criminology (QC)

"In 1986, James Marquart published a seminal article on qualitative methodology in Justice Quarterly. In that piece he presented the strengths and weaknesses associated with the researcher guard role he used while conducting a prison ethnography in Texas. His method led to data that is still central to our understanding of prison culture. However, in the past 30 years, correctional philosophy and practice have undergone significant shifts in the United States. Despite these shifts, there has been a dramatic decrease in prison ethnography during the same time period. This article presents a modern adaptation of Marquart’s method, based on a …

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Editorial, Willard M. Oliver Oct 2014

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

"Welcome to the second issue of volume two of the Journal of Qualitative Criminal Justice & Criminology. Rather than closing with acknowledgments, I would like to start this editorial introduction with them. First and foremost, I would like to thank both the editorial board members and the reviewers for this volume of the journal. Their names are listed at the beginning of this issue for without them, this journal would not be possible. Still further, if it was not for the hard work and dedication of my book review editor, Kevin Steinmetz, who recently accepted an academic appointment at …

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Bradley Garrett: Explore Everything: Place-Hacking The City, Kevin F. Steinmetz Oct 2014

Bradley Garrett: Explore Everything: Place-Hacking The City, Kevin F. Steinmetz

Qualitative Criminology (QC)

"While most people seem content to enjoy the front-stages of everyday life– going to safe spaces deemed appropriate for occupation–there are those who are enthralled by the backstage spaces of contemporary urban landscapes. In Explore Everything: Place-Hacking the City, Bradley Garrett details his research into urban explorers, a subculture that delves into the hidden (or hidden in plain sight) city spaces such as abandoned urban ruins, underground tunnels, and imposing skyscrapers. To date, this work is most likely the definitive study of urban exploration (sometimes referred to as UE) and should be the starting point for anyone from student …

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