Legal Studies Commons^™

Neither “Post-War” Nor Post-Pregnancy Paranoia: How America’S War On Drugs Continues To Perpetuate Disparate Incarceration Outcomes For Pregnant, Substance-Involved Offenders, Becca S. Zimmerman

Pitzer Senior Theses

This thesis investigates the unique interactions between pregnancy, substance involvement, and race as they relate to the War on Drugs and the hyper-incarceration of women. Using ordinary least square regression analyses and data from the Bureau of Justice Statistics’ 2016 Survey of Prison Inmates, I examine if (and how) pregnancy status, drug use, race, and their interactions influence two length of incarceration outcomes: sentence length and amount of time spent in jail between arrest and imprisonment. The results collectively indicate that pregnancy decreases length of incarceration outcomes for those offenders who are not substance-involved but not evenhandedly -- benefitting white …

A Gender And Race Theoretical And Probabilistic Analysis Of The Recent Title Ix Policy Changes, Jordan Wellington

Scripps Senior Theses

On May 6th, 2020, after extensive public comment and review, the Department of Education published the final rule for the new Title IX regulations, which took effect in schools on August 14th. Title IX is the nearly fifty year old piece of the Education Amendments that prohibits sexual discrimination in federally funded schools. Several of these changes, such as the inclusion of live hearings and cross examination of witnesses, have been widely criticized by victims’ rights advocates for potentially retraumatizing victims of sexual assault and discouraging students from pursuing a Title IX claim. While the impact of the new regulations …

The Role Of Opposition In A Democracy: A Bibliometric Analysis, Abhinav Shrivastava Mr., Richa Dwivedi Ms.

Library Philosophy and Practice (e-journal)

Globally, democracy is under threat with the prevalence of authoritarian regime all over the world and the role of opposition in a democracy is an under studied subject and has not received adequate importance by researchers all over the world. The present study focuses on the bibliometrics analysis of the role of opposition in democratic system in order to understand the research status of the subject globally using SCOPUS and Web of Science databases.

The analysis shows that research has been undertaken by various organisations and researchers however, the present time demands more attention on the role of opposition so …

Identifying Football Conflict Using Soft-Set Theory In Indonesia Super League, Kukuh Wahyudin Pratama

Student Works (2020-2029)

There are several mathematical formal models that handle conflict situations and the most popular one is a rough set theory. With the ability to handle vagueness from the conflict data set, rough set theory has been successfully used in many research. This research used an alternative approach as a method to handle conflict situation in Indonesia Super League. This method was implemented on the respondents or agents who were involved with football club management, match inspector, organizing committee, referees, supporters and players. The novelty of the proposed approach is discussed in rough set theory that include decision rules. It is …

Conversations Around The Kitchen Table, Cathy Henkel, Sam Lara

Research outputs 2014 to 2021

No abstract provided.

Who Upholds Your Human Rights When You Are “Stateless?” Why Couldn’T The Un Protect The Rohingya’S Human Rights?, Hyochan Lee

Student Theses and Dissertations

In 2017, genocide in Myanmar took place against the stateless minority Rohingya Muslims. Why couldn’t the UN protect the Rohingya’s human rights? The international community's efforts to oppose these violations against the stateless people have been only passive. Then, who upholds your human rights when you are stateless? Using chronology, historical institutionalism, and process tracing analyses, this thesis (1) evaluates the UN’s legal regime’s systemic design and capabilities in protecting human rights; then (2) identifies the design flaws of our international human rights regime; and lastly, (3) develops a recommendation to protect all people, stateless or not. Based on both …

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 …

Amplification Of Legal Advocacy: Public Health Approaches To Releasing Immigrant Detainees At The Otay Mesa Detention Center, San Diego, California, United States, Kaylin Rosal

Master's Projects and Capstones

This paper reviews the current health practices of Immigration and Customs Enforcement (ICE) detention centers, focusing on asylum seekers housed at Otay Mesa Detention Center (OMDC) located in San Diego, California, United States. Many asylum seekers, or foreign nationals who have been confirmed to have a credible fear of persecution in their home countries, regardless of how they enter the United States, are placed into Federal Immigration and Customs Enforcement detention centers. Two avenues for the release of detainees while they wait for their asylum cases to be heard by an immigration judge are bond and parole applications, the basis …

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 …

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

eJournal of Public Affairs

No abstract provided.

The Identity Formation Process Of Immigrant Children: A Case Study Synthesis, Jose Carbajal

Faculty Publications

Introduction: Children who immigrate often have difficulties in adjusting to their host country. A single case study based on similar narratives is composed to develop the character of a child’s developmental cultural issues as he immigrated to the United States from El Salvador. Attachment theory is reviewed to discuss how detachment and re-attachment affected him. A review of the literature on assimilation and acculturation is also provided. Objectives: The author synthesizes the work experience with the population with migration history to illustrate how attachment and loss impact these individuals, through a composed case study illustrated through the experience of Ramni, …

Many Forms Of Black Death: Coal Extraction, Transnational Activism And The Value Of Life In Colombia, Oscar H. Pedraza Vargas

Dissertations, Theses, and Capstone Projects

After the murder of the president and vice president of the coal union by paramilitaries in the department of Cesár, Colombia, the union is left adrift. Its fragility is only heightened when the person who decides to take over, is killed six months later. The union has been vocal on their critique of environmental destruction produced by coal and argues that their criticism is part of the reasons why they were targeted. Not far from there, in the department of Guajira, the conglomerate in charge of Cerrejón, the largest open-pit coal mine of South America, wants to divert a creek …

The Law And Policy Of Client-Side Scanning (Originally Published By Lawfare), Paul Rosenzweig

Joint PIJIP/TLS Research Paper Series

No abstract provided.

Felony Disenfranchisement: Factors Relating To Support For Restoration, Alexis K. Karpf

Student Theses

Felony Disenfranchisement, a collateral consequence, strips justice-involved individuals of their voting rights. While this policy is enacted in 48 states and the District of Columbia, a majority of community members are unaware of its existence. The current study used three hypotheses to guide its research about how education about disenfranchisement policy impacts a community member's opinion:1) Participants exposed to information about the effects of disenfranchisement will be more supportive of enfranchisement than those in the control condition; 2) Participants who receive the vignette featuring the White justice-involved individual will indicate a higher level of support for enfranchisement compared to those …

Minority Vetoes In Consociational Legislatures: Ultimately Weaponized?, Devin Haymond

Indiana Journal of Constitutional Design

In societies emerging from or at risk for conflict, dividing power among rival groups—called power-sharing—can be an appropriate arrangement to maintaining peace. But how can groups, who are often emerging from violent conflict, trust sharing a government with rival groups that were just recently shooting at them?

A potential solution is the minority veto, which is allows minority groups to block the government from harming those groups’ vital interests. But what sorts of change blocking mechanisms constitute a minority veto? Who gets the veto power, and when can they be used? Do minority vetoes function as effective incentives for ensuring …

Models Of Pre-Promulgation Review Of Legislation, Rachel Myers

Indiana Journal of Constitutional Design

Pre-promulgation review seeks to harmonize legislation with the constitution by engaging in a dialogue among government institutions that seeks to prevent unconstitutional legislation from becoming law. Pre-promulgation review is an integral part of the lawmaking process, and this study seeks to unite scholarship on different methods of this review in a comparative survey to assist lawyers, policymakers, and scholars. A wide range of institutions may fulfill the function of reviewing proposed legislation for compliance with the constitution or other codes of national importance prior to their passage into law. Because of this diversity, scholarship on the topic of pre-promulgation review …

Taxonomy Of Powers And Roles Of Upper Chambers In Bicameral Legislatures, Carolyn Griffith

Indiana Journal of Constitutional Design

Bicameral legislatures exist around the world, with power divisions to create checks and balances on the constitutional order as a whole. In the context of constitutional design, this presents a variety of options of roles and rights given to each chamber at each step in both the legislative process and beyond. Taken as a whole, this taxonomy demonstrates there are nearly an infinite number of possibilities for separating powers between upper and lower chambers in bicameral legislatures. Often, these decisions are guided by the history of the country. For each federal legislature that places powers or votes in one chamber, …

Public Matters? Comparing Decision-Making By Appointed And Elected Prosecutors In Cases Of Deadly Use-Of-Force By Police In The Hartford Judicial District And Suffolk County, Andrew E. Dubsky

Honors Scholar Theses

This thesis dissects prosecutor discretion for appointed and elected prosecutors after a “catalyst” event shifts public opinion. Previous studies have shown that elected prosecutors are more likely to use discretion favoring the opinion of the public than their appointed counterparts (Bandyopadhyay 2014, Nelson 2014, and Valenti 2011). Because elected prosecutors are more likely to follow public opinion, they should also be more likely to respond to the demands of the public than their appointed counterparts. In effect, elected prosecutors are expected to be more likely to exercise discretion in their charging and prosecuting. To test this, I use the 2014 …

Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos

International Journal of Aquatic Research and Education

This study examined the impact of a LGBTQ diversity training on the attitudes and professional competencies of aquatic employees within a campus recreational sports setting. While diversity training is often discussed as a key component of inclusive aquatic programming, little empirical research examining the outcomes associated with such trainings exists. As such, members of the research team developed, implemented, and evaluated a four-month long training program consisting of one in-person training session and monthly inclusion handouts discussing issues related to the inclusion of LGBTQ participants. A comparative quantitative research design was used to measure employee’s attitudes towards the LGBTQ population …

How Factors Of State Supreme Court Retention Affect Votes To Overturn Precedent: How Do Different Factors Of State Supreme Court Composition Effect The Likelihood That Salient Cases Will Result In An Overturning Of Precedent?, Autumn N. Fosteson

Political Science Theses and Capstones

Since the establishment of individual states supreme courts, there has been debate on the best way to retain individual judges to their court. With five different forms of retention, each comes with their own set of outside forces that determine how a judge behaves while on the court. Some of these outside forces like a judge’s length of service on the court can also affect the decision to overturn a standing precedent, especially when the case captures great amounts of media attention. Salient cases are often more likely to result in an overturned precedent than other cases but outside factors …

A Political Effect On Judicial Decision Making: Does Ideology Or Election Effect The Way Judges Decide?, Kaylynne Lyons

Political Science Theses and Capstones

Politics have shown to have a strong effect on most things in our country. There has been lots of research on our state judicial systems and their effects on judicial decisions. Judges have been accused of having underlying reasons to their decisions even though they are not supposed to. Past research has suggested that how the judge is retained has a small but relevant effect on judicial decision making. The literature review discusses effects of the state's system of judicial selection. That leads us to question more about political effects on decision making. I analyze how the ideology of a …

Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi

Dickinson Law Review (2017-Present)

No abstract provided.

“But I’M Standing Inside Right Now And I Need Help”: Security Projects And The Perceptions Of Campus Security, Andrea Corradi, Carrie B. Sanders, James Popham

Qualitative Criminology (QC)

"Acts of violence at institutions of higher education have been heavily publicized, leading security on post-secondary campuses to become a hotbed issue in the media and in the daily lives of those who attend them. With extensive media coverage of events such as the attack on Jeanne Clery, and the mass shootings at Northern Illinois University, Dawson College, and Virginia Tech, many post-secondary schools are working to enhance their security practices. The present study uses Valverde’s (2001; 2008; 2009; 2010; 2011; 2014) security projects framework to examine the lived experiences of security measures on a Canadian urban-integrated campus. Through semi-structured …

Public Opinion Of The Police In 1930s America: A Qualitative Historiographical Study, Willard M. Oliver

Qualitative Criminology (QC)

"Public opinion polls largely developed post-WWII and questions about the police did not appear until the late 1960s. Since then, over 100+ studies have assessed the modern-day public opinion of the police, but none have looked to public opinion from an earlier time period. This study uses a qualitative historiographical approach for assessing public opinion of the police in the 1930s by drawing on the primary source of a letter exchange between two of that eras greatest pulp writers: Robert E. Howard and H.P. Lovecraft. Findings suggest similarities between the 1930s and present day public opinion of the police."

Jennifer E. Cobbina, Hands Up, Don't Shoot, Joshua R. Ruffin

Qualitative Criminology (QC)

"Issues surrounding police use of excessive force continue to be a longstanding debate in the field of Criminal Justice. In the timely boots-on-the-ground work, Hands Up, Don't Shoot, Jennifer Cobbina amplifies the voices of Ferguson and Baltimore protestors by conducting indepth interviews with residents as it relates to their everyday experience with the police. In Hands Up, Don’t Shoot, Cobbina takes an “and” instead of an “or” approach in understanding the experiences often faced by residents of different intersecting identities in these communities. Further, Cobbina provides readers the opportunity to learn of the racialized experiences of these groups …

Out-Of-School Suspensions: Counter-Narratives From The Student Perspective, Karen Mcelrath, Lori Guevara, Zahra Shekarkhar, Joe M. Brown

Qualitative Criminology (QC)

"Out-of-school suspension (OSS) is a major disciplinary tool that has impacted large numbers of students in the United States. Most research into OSS has drawn exclusively on data collected from school records and other “official” sources, and this body of work has contributed to our understanding of suspension decisions by school officials. Considerably less is known about how students experience out-of-school suspensions. This line of inquiry is important because it captures the student voice and reveals a series of counter-narratives that offer alternative interpretations of students’ behaviors that lead to OSS. The aims of this study were twofold: 1) to …

“Everybody Loses:” Understanding Police Roles And Perceptions Of Domestic Violence Calls, Anjali Fulambarker

Qualitative Criminology (QC)

"To better understand police response to domestic violence, it is useful to consider the perspectives of officers themselves. Through exploratory, in-depth interviews and applying the lens of role theory, this study focuses on police officers’ perceptions of their role in responding to domestic violence, their perceptions of the effectiveness of their response, and challenges they face. Findings suggest that, for these participants, there is an overlap in the different roles they inhabit, as well as limitations and barriers to their response. These limitations and obstacles are a signal that officers may be experiencing role overload, which leads to their frustration …