Legal Studies Commons^™

How Can Presidents Properly Calibrate The Terror Threat?, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

Presidential rhetoric has minimally changed from the narrative set by George W. Bush after the 9/11 attacks. Bush’s policies and agenda have also largely remained. This chapter provides proposals for change given the empirical and theoretical findings made in the book. The counterterrorist policy agenda needs to be narrowed and made more precise. The public needs to educate itself about the terror threat to understand that it is not a significant risk when weighed against others. Presidents need to be more careful with what words they use when describing America’s terrorist adversaries and with who they call terrorists. Recalibrating the …

Law Library Blog (March 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Reviewing Intergovernmental Institutions In Federal Systems: Opportunity For Cooperation, Harrison Schafer

Indiana Journal of Constitutional Design

This Article surveys intergovernmental institutions across federal states. Generally, these institutions offer meaningful cooperation for the different levels of government when addressing state problems. These institutions, however, often lack political authority to bind institutional members or implement authoritative state actions.

This Article proceeds in two general parts. First, this Article taxonomizes intergovernmental institutions across federal systems. Though few intergovernmental institutions are constitutionally mandated bodies, several federal states have enacted legislation to formalize these institutions while others simply utilize informal arrangements. This taxonomy will primarily discuss contemporary institutions within federal systems and focus exclusively on executive institutions. The taxonomy categorizes these …

Stepping Into The Shoes Of The Department Of Justice: The Unusual, Necessary, And Hopeful Path The Illinois Attorney General Took To Require Police Reform In Chicago, Lisa Madigan, Cara Hendrickson, Karyn L. Bass Ehler

Northwestern Journal of Law & Social Policy

No abstract provided.

Human Trafficking Definitions To Eradication In Virginia: A Legislative Analysis, Hannah Kay Byrum

Undergraduate Honors Theses

The gap between the reality of human trafficking in Virginia and the necessary legislative systems, remedies, and support afforded to victims, is wide. My research arose from my experience navigating this incongruity in Virginia law and its impacts, through a delegate’s office, the office of a United States Senator, and a government relations firm. This research articulates the significant, material legislative initiatives required in Virginia’s human trafficking legislative landscape. In surveying this landscape, this research articulates where incongruences ex-unified language and legislative definitions, exist in key areas. This research addresses the need for expansion on the parameters to which victims …

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

Black Resistance: Interpretive Agency Enacted Against Mutable Violence, Meera Kolluri

Scripps Senior Theses

Titled Black Resistance: Interpretive Agency Enacted Against Mutable Violence, my research discusses a reformed understanding of racial trauma and autonomy. I elaborate on the common reading of slavery in political thought and defend my argument with modern examples of resistance and theory. This text aims to shine light on assumptive narratives by classifying and redefining mutable violence against black America.

Right To Counsel: Improving Access To Justice In Us Indigent Defense Systems, Travis Hartman

Capstone Showcase

The Sixth Amendment guarantees the right to counsel for indigent defendants. Even though a constitutional right, indigent defense in the US suffers from significant problems. While scholars have attempted to provide solutions to the problems, a question persists, How are Indigent Defense Systems impacting how Access to Justice is being provided in the United States? To answer this question, a structured, focused comparison method was utilized to evaluate US indigent defense systems. Case studies were chosen based upon the delivery and majority of funding for indigent defense coming from counties. Right to counsel for Access to Justice was defined by …

The Economic Impact Of Access To Reproductive Healthcare: A New Constitutional Argument, Niyati Narang

Scripps Senior Theses

This thesis attempts to offer an alternative constitutional argument to Roe v Wade by focusing on the economic liberties granted by the 14th Amendment. By highlighting the connection between reproductive healthcare (abortion access, the pill) and women's economic development, this thesis presents an alternative argument to Roe.

From The Legal Literature: Criminalizing Propaganda: J. Remy Green’S Argument To Digitize Brandenburg, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

From The Legal Literature: Automating Police, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

The Road To Human Emancipation - The Moral And Political Foundations Of Markets, William Shi

CMC Senior Theses

The thesis aims to provide both a real public ideology and the legal and socioeconomic structures to realize Karl Marx’s ideal of human emancipation. Marx argues that in capitalist society, the legal and political superstructure forces the ruling class to represent its interest as the public interest, which legitimizes the massive inequality in resources and social power. To demonstrate how to realize the substantive public interest, the two parts of the thesis have two goals. The first part aims to formulate a rightful candidate to the public ideology of human emancipation, which represents the substantive public interest rather than the …

Judicial Elections, Public Opinion, And Their Impact On State Criminal Justice Policy, Travis N. Taylor

Theses and Dissertations--Political Science

This dissertation explores whether and how the re-election prospects faced by trial court judges in many American states influence criminal justice policy, specifically, state levels of incarceration, as well as the disparity in rates of incarceration for Whites and Blacks. Do states where trial court judges must worry about facing reelection tend to encourage judicial behavior that results in higher incarceration rates? And are levels of incarceration and racial disparities in the states influenced by the proportion of the state publics who want more punitive policies? These are clearly important questions because they speak directly to several normative and empirical …

Taming The Prince: Bringing Presidential Emergency Powers Under Law In Colombia, Andrea Scoseria Katz

Scholarship@WashULaw

Can courts check presidential power exercised in a crisis — and should they? The case of Colombia, which recently turned on its head a history of presidential overreach and judicial rubber-stamping, provides an answer in the affirmative. As in much of Latin America, throughout Colombia’s post-independence history, bloodshed fueled authoritarian tendencies, with presidents exploiting the need for “order” to centralize power. One critical weapon in the presidential toolkit was the power to declare a state of emergency. During the twentieth century, these decrees became a routine pretext for the President to govern unilaterally, acquiesced to by the legislature and rarely …

Human Rights? What A Good Idea! From Universal Jurisdiction To Crime Prevention, Daniel Feierstein

Genocide Studies and Prevention: An International Journal

Over the last decades, Genocide Studies has entered in a “comfort zone.” With fellowships and support from governments or NGOs, we have developed a very comfortable environment in which the knowledge we produce about genocide prevention is neither critical nor useful. We have become trapped by assumptions we have never checked against reality and many of us have chosen to work inside the circle of those assumptions: genocide and mass violence are horrible acts committed by horrible people; we cannot stand by and do nothing; we have the responsibility to protect civilian populations and that responsibility takes the form, as …

To Kill A Mockingbird And Legal Ethics: On The Role Of Atticus Finch’S Attic Rhetoric In Fulfillment Of Duties To Client, To Court, To Society, And To Self, Michelle M. Kundmueller

Political Science & Geography Faculty Publications

Atticus Finch, protagonist of Harper Lee’s To Kill a Mockingbird and longtime hero of the American bar, is well known, but he is not well understood. This article unlocks the secret to his status as the most admired of fictional attorneys by demonstrating the role that his rhetoric plays in his exemplary fulfillment of the duties of an attorney to zealously represent clients, to serve as an officer of the court, and to act as a public citizen with a special responsibility for the quality of justice. Always using the simplest accurate wording, focusing on reason over emotion, and speaking …

On The Need For Human Rights To Constitute Structural Change: Lessons For Colombia From The Arab Spring’S Failures, Anthony Chase

Biennial Conference: The Social Practice of Human Rights

Transitional processes have nowhere failed as spectacularly than in the wake of the Arab Spring's "revolutions." Contrary to popular expectations, these revolutions gave way to counter-revolutions rather than transitions to democracy and pluralistic politics. This article argues that, by settling for transitions to mere formal democracies, an opportunity was lost to engage in necessary structural change. While understandable that transitional processes shied away from addressing controversial issues -- including how to translate diversity in religious, gender, sexual, and ideological domains into the foundation of new political communities -- not doing so was a fatal error as it left untouched preexisting …

Ua12/2/2 2019 Talisman: Balance, Wku Student Affairs

WKU Administration Documents

2019 Talisman yearbook.

• Mohr, Olivia. Balance
• Lunte, Hailee. That Warm Feeling Autumn Took from Me
• Dozer, Claire. Mother Load – Savannah Ranney
• Hubbs, Annalee. Tap After Hours – Dance
• Lancaster, Emily. Opposites Attract – Maddie Rediker & Cameron Blankenship
• Jones, Sydney. Delving into the Dirty – Taylor Gossage, Lion’s Den
• Chu, Phi. Snow Song
• Gordon, Zora. Spells & Spirit – Kristen Dalby, Witchcraft
• Powers, Noah. What is Left – Kelly Meredith, Identity Theft
• Aklilu, Bethel. Uprooting – International Students
• Steffey, Raegan. The Dirty Art Kids
• Dieudonne, Nadia. Self Starteres – Entrepreneurs
• Bass, Morgan. Young & Partisan – Politics
• Powers, Noah. …

Terrorism And Its Legal Aftermath: The Limits On Freedom Of Expression In Canada’S Anti-Terrorism Act & National Security Act, Percy Sherwood

FIMS Publications

This analysis aims to demonstrate how s. 83.221 in Bill C-51 is likely to violate freedom of expression guaranteed under the Charter. The first section employs the two-step Irwin Toy analysis to show that the speech offense infringes upon s. 2(b) of the Charter. The second section uses the Oakes test to determine whether the breach of freedom of expression is a reasonable limit. On whether the speech offense can be justified under s. 1 of the Charter as a reasonable limit, the legislation fails at the third and fourth step of the Oakes test. Section three of this paper …

Comparative Examination Of Two Police Departments In Portland, Oregon’S Greater Metropolitan Area, Analyzing Assault Related Offense Reports Against: Departmental Community-Policing Practices And Clearance-Rates, Elizabeth R. Ackerman

University Honors Theses

Community policing is touted as the solution to fostering restoration between communities and policing agencies across the United States. However, this remains a widely unregulated policy area where minimal assessments of available data exist on the effectiveness of community policing reform. Given the nature of police brutality and the struggles of policing agencies across the United States there is increasing need to measure outcomes. This research finds that community policing does serve as a proactive tool for crime rate reduction and prevention.

The Cost Of The Culturati: Studying The Neighborhood Stability Impact Of Cultural District Designations, Prakash Mishra

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

The decision to declare a district for a specific cause is a critical policy decision; making an area an official office park or designated cultural site means it will attract specific types of residents and businesses and require specific amenities. This paper reviews the impact of designating a cultural district as a place-based policy, specifically by developing a measure of neighborhood stability and applying a stress test of neighborhood stability in cultural districts during the Great Recession. The model underpining the neighborhood stability measure is an optimal stopping time model which frames neighborhood rents as a Brownian motion with drift. …

Volume I | Issue Ii | 2019.Pdf, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Masthead 2019, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Letter From The Editor 2019, Dujpew Editorial Board

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

No abstract provided.

Overruling Mcculloch?, Mark A. Graber

Arkansas Law Review

Daniel Webster warned Whig associates in 1841 that the Supreme Court would likely declare unconstitutional the national bank bill that Henry Clay was pushing through the Congress. This claim was probably based on inside information. Webster was a close association of Justice Joseph Story. The justices at this time frequently leaked word to their political allies of judicial sentiments on the issues of the day. Even if Webster lacked first-hand knowledge of how the Taney Court would probably rule in a case raising the constitutionality of the national bank, the personnel on that tribunal provided strong grounds for Whig pessimism. …

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …

Is Pakistani State At War With Free Press?, Umer Bin Ajmal

MSJ Capstone Projects

Pakistan’s media scene today depicts a similar picture where many journalists say they have been “conditioned” to self-censor news. But unlike Pavlov using a sound as a stimulus, certain “powers that be” use threat and violence to intimidate journalists and force them to behave in a certain way. Psychologists around the world say there is a lesson in this experiment: it demonstrates that human behavior, too, can be manipulated or maneuvered through conditioning.

Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr.

Journal of Public Management & Social Policy

The absence of a culturally competent public sector workforce has led to increased public scrutiny and heightened levels of distrust. In the field of public safety, this is particularly important due to the sensitive nature of the task performed and the historically strained relationships that exist between racial minorities and law enforcement. Using national survey data to gauge the prevalence of citizen’s experiences and perceptions of racial profiling, this research reveals significant discrepancies amongst minorities and their white counterparts. In response, this research encourages public officials and agencies to eliminate inconsistencies in their interactions with the citizenry as a whole. …

For-Profit Prisons: How Lobbying Has Affected The Way America Houses Prisoners, Jacob F. Israel

Political Science Theses and Capstones

There seems to be limited research and understanding as to why for-profit prisons exist in the United States. The initial selling points used to sell private prisons to states and counties were that they would reduce recidivism and cost. Recent peer-reviewed studies have found, however, that neither are the case. This could lead one to ask why for-profit prisons are still used in America. That is what I hope to answer in this research paper. After research and analysis of campaign donations by the two largest for-profit prison corporations (collected from the National Institute on Money in State Politics) and …

Embryo Litigation : The Legal Categorization Of Embryos As Protected Humans Or Property, Caroline Koboska

Theses, Dissertations and Culminating Projects

This thesis explores the issue of the unknown legal status of frozen embryos in the United States. With an examination of the issue through the discipline of law, it becomes evident that the lack of legislation and guidance on the issue has left it a matter up to the states, rather than the federal government. Central to the issue is the history and laws of abortion in the United States that can help provide precedent. The thesis examines embryos in light of property law, contract law, and family law. Also included is a review of embryos through a second discipline …