Legal Studies Commons^™

Welcome To Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Whose Finger On The Nuclear Trigger, Erika Simpson, Murray Thomson

Political Science Publications

No abstract provided.

How The City Of Indianapolis Came To Have African American Policemen And Firemen 80 Years Before The Modern Civil Rights Movement., Leon E. Bates

Electronic Theses and Dissertations

This study explores a series of events that occurred in the spring of 1876. The relationship between the Indianapolis city government, the Marion County Courts, the Indianapolis Police Department, and the African American community came together to usher in changes never before envisioned. The Indianapolis Police Department (IPD) was formed in 1855, then disbanded 12 months later in a political dispute. From 1857-to-1876, the IPD was all white. These changes took place as the Reconstruction era was coming to a close. The first Ku Klux Klan was at its apex, terrorizing black communities, and Jim Crow was coming into its …

Introduction: Imagining Post-Neoliberal Regulatory Subjectivities, Mika Viljanen Dr, Mikko Rajavuori, Tal Kastner

Indiana Journal of Global Legal Studies

To explore these tentative diagnoses and conceptualizations we called for papers engaging different aspects of law's subjectivity turn. A selection of papers that map the possible genealogies for the emergence of post-neoliberal law, address the implications of anthropomorphic corporate regulation, or analyze transformations in sovereign subjectivities is now published in this symposium issue. The papers take up and make salient an array of the big questions of our day.

While overlapping, the papers can be broadly divided into two categories. The first category consists of papers that explore the internal make-up of legal and regulatory subjectivities. Drawing on history, queer …

The South African Elderly: Neglect, Social Contribution And The Hiv/Aids Epidemic, Alessia Frisoli

Dissertations, Theses, and Capstone Projects

With a slowing fertility rate and an increasing longevity, the world population is aging. Both developed and developing countries have seen their elderly become more numerous with an increasing burden on their financial, medical and social system. Many scholars have suggested immediate change of policies to contain the predicted crisis that will affect the health care and the pension schemes in the next decades. However, few have investigated the positive role that the seniors play contributing to society, beyond the complications caused to the economy and welfare system. This thesis will support the argument that the elderly, if appropriately cared …

A Quantitative Analysis Of Sex Trafficking Law On The Decriminalization Of Youth Involved In Commercialized Sex, Nay Petrucelli

Theses and Dissertations

Legislators have been responding to the growing push to treat youth in the sex industry as victims of a crime instead of perpetrators. Recent legislative changes have occurred in every state and nationally as part of anti-trafficking legislation, not prostitution law directly. While the content of these laws has been studied, its outcomes for youth have not. This study uses a cross-sectional time-series model to test the impact that changes to state trafficking law has had on juvenile prostitution arrest rates. Findings support the hypothesis that legislation passed with a juvenile protection component decreases the juvenile prostitution arrest rate. It …

The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson

Electronic Theses, Projects, and Dissertations

The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.

Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government’s right to engage …

The Rise Of China's Hacking Culture: Defining Chinese Hackers, William Howlett Iv

Electronic Theses, Projects, and Dissertations

China has been home to some of the most prominent hackers and hacker groups of the global community throughout the last decade. In the last ten years, countless attacks globally have been linked to the People’s Republic of China (PRC) or those operating within the PRC. This exploration attempts to investigate the story, ideology, institutions, actions, and motivations of the Chinese hackers collectively, as sub-groups, and as individuals. I will do this using sources ranging from basic news coverage, interviews with experts and industry veterans, secondary reportage, leaked documents from government and private sources, government white papers, legal codes, blogs …

Breaking The Legacy: Recognizing And Prosecuting Sexual Violence As A Violation Of Human Rights In The Democratic Republic Of The Congo, Miranda L. Weinstein

Sustainability and Social Justice

This paper aims to outline the existing policies aimed at providing protection for sexual abuse survivors in the Democratic Republic of the Congo. In an attempt to provide justice for the survivors of sexual abuse, an analysis of the 1992-1995 Bosnia and Herzegovina post-conflict reconstruction is included. In particular, prosecution of sexual violence and rape as a weapon of war will be provided in order to weigh the benefits and weaknesses of international criminal law. The conflict in eastern Democratic Republic of the Congo witnesses widespread and systematic sexual violence abuses. With over 60 armed groups at any given day, …

The Thirteenth Amendment And Unconstitutional Servitude : The Punishment Exception Clause As A Legal Gateway To Involuntary Servitude, William L. Twisdale

Theses, Dissertations and Culminating Projects

Did the “except for punishment for a crime” (exception punishment) clause of the first section of the Thirteenth Amendment provide a platform for states to revise, and create if necessary, laws to target blacks and imprison them, thus denying them their rights and create a labor force through the agency of mass incarceration? This author begins with the assumption that it did. The purpose of this thesis study is to explore this question and find if the author’s assumption is correct - whether the exception punishment clause permitted slavery and involuntary servitude to exist as a labor system despite the …

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

Exploring Cross-National Differences In The Incarceration Of Women: A Conjunctive Analysis Approach, Breanna Boppre, Terance D. Miethe, Emily J. Salisbury

Graduate Research Symposium (2010 - 2017)

Cross-national studies of imprisonment rates have examined the social, political, and economic conditions associated with criminal punishments. However, because of the higher numbers of male incarcerated and the lack of national data disaggregated by gender, most previous research on imprisonment rates has focused directly or indirectly on the socio-economic predictors of male imprisonment rates. Using disaggregated data for 128 nations, the current study employs the method of conjunctive analysis to explore the unique and common effects of particular social conditions that underlie female incarceration rates. Measures of nations’ social development, violent crime rates, socio-economic inequality, and political instability are used …

The Cyber-Industrial Complex, Connor O’Malley

Political Science Theses and Capstones

When Edward Snowden released a massive trove of classified files from the National Security Agency, the world became aware of numerous global surveillance systems. As Snowden hoped, a global dialogue began concerning surveillance, privacy, and government transparency. While there was a lively discourse surrounding the leak and Snowden, another story was missed. Snowden was not an employee of the NSA; rather he was an employee of Booz Allen Hamilton, a private contractor maintaining computer systems for the NSA. The deeper story here is the emerging relationship between government agencies and technology companies. This paper discusses the theory of iron triangles …

Volume 08, Meghan Enzinna, Casey Dawn Gailey, Raven Collins, Chiara Enriquez, Amelia Mcconnell, Alexander Morton, Emma Beckett, Leah G. Parr, Briana Adhikusuma, Taylor Embrey, Rowan Davis, Danielle Sisson, Bianca Cherry, Melissa Cacho, Chloe Woodward, Catherine Rollins, Carson Reeher, Landon Cooper, Haley Vasquez, Marlisha Stewart, Eric Whitehead, Sabrina Walker, James Bates

Incite: The Journal of Undergraduate Scholarship

Introduction from Interim Dean Dr. Jennifer Apperson

Indigenous Peoples and the Modern Era by Meghan Enzinna

"Who Says": How Selena Gomez and the Scene Attempt to Subvert the Popular Standards of Beauty by Casey Dawn Gailey

Art by Raven Collins

Meltdown on Social Media: Amy's Baking Company Meets Kitchen Nightmares by Nathena Haddrill

Art by Chiara Enriquez

Design by Amelia Mcconnell

Worth More Than a Thousand Words: A Visual Rhetorical Discussion of Virtual Reality by Examining "Clouds Over Sidra" by Alexander Morton

Design by Emma Beckett

The Sonata: An Analysis of Piano Sonata No. 14 in C Minor, K. …

Empowerment From Within: Supporting Palestinian Women’S Struggle Against Violence, Ortal Bensky

Dissertations, Theses, and Capstone Projects

Recent reports by the United Nations and local non-governmental organizations present a troubling increase in incidents of violence against Palestinian women in Palestine. These are cases of domestic violence, where the attackers are Palestinians, and political violence, where the attackers are Israeli settlers and soldiers. These violent incidents include attacks on body and property. Most incidents are neither dealt with by the Palestinian authorities nor by the Israeli government and judicial system. There is not sufficient international pressure to enforce justice. The purpose of this study is to offer alternative ways to prevent violent crimes, enforce relevant laws, and provide …

Through The Gateway: Marijuana Production, Governance, And The Drug War Détente, Michael Polson

Dissertations, Theses, and Capstone Projects

Since the 1996 voter approval of medical marijuana laws in California, marijuana policy has become increasingly liberalized. Producers, however, have remained in the greyest of grey market zones. Federal anti-drug laws and supply-side tactics have intensively targeted them even as marijuana has become more licit. In this legally unstable environment, marijuana patient-cultivators and underground producers have articulated and asserted themselves politically and economically, particularly as the likelihood of full legalization has increased. This dissertation explores how producers navigated the nebulous zone between underground and medical markets. I argue that even as producers supplied marijuana to a formalizing, regulated medical industry …

"Safer" Harbor: The Impact Of Different Models Of Safe Harbor Laws On The Criminalization Of Commercially Sexually Exploited Children In The United States, Priscila Borges Marques Dos Santos

Theses, Dissertations and Capstones

Commercially sexually exploited children (CSEC) are commonly treated as criminals and punished for offenses committed as a result of being trafficked. Recent state-level legislative efforts have sought to prevent minors from being held criminally liable for being commercially sexually exploited. This study offers an analysis of the effects of such laws on the criminalization of CSEC through the use of ordinary least squares (OLS) regression. Data on the number of child arrests for prostitution (1995-2014) and safe harbor laws were collected from the FBI Uniform Crime Reports, the Polaris Project website, and the 2015 ECPAT report. The findings of the …

When Society Becomes The Criminal: An Exploration Of Society’S Responsibilities To The Wrongfully Convicted, Amelia A. Haselkorn

Pitzer Senior Theses

This thesis explores how society can and should compensate those who have been wrongfully convicted after they are exonerated and how we can prevent these mistakes from happening to others in the future. It begins by presenting research on the scope of the problem. Then it suggests possible reforms to the U.S. justice system that would minimize the rate of innocent convictions. Lastly, it takes both a philosophical and political look at what just compensation would entail as well as a variety of state compensation laws.

Examining The Legality Of The Guantánamo Bay Detention Center According To International Humanitarian Law And International Human Rights Law, Sydney T. Winchester

Honors Undergraduate Theses

The purpose of this research paper is to examine how international humanitarian law (IHL) and international human rights law (IHRL) are applied to the Guantánamo Bay detention center. This paper was completed through the research of international treaties, court cases, and secondary sources that thoroughly discussed issues pertaining to Guantánamo and international law.

This paper first examines the differences between the two laws by looking at the particular roles each is meant to play in the subject of international law, as well as how the two have been applied thus far to the situation at Guantánamo. Second, the paper discusses …

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …

Are Hispanics Discriminated Against In The Us Criminal Justice System?, Maria A. Eijo De Tezanos Pinto

Graduate Research Posters

Recent publications have contributed to increase the perception among Hispanics of an unfair and unequal treatment of this community by the US Criminal Justice System. One of the major concerns was the claim that Hispanics are incarcerated before conviction nearly twice as often as Whites. Unfair treatment perception by the population reduces legitimacy of police and government, and thus, it is imperative to analyze these uninvestigated allegations. Therefore, the purpose of this study is to address said allegations of discrimination against Hispanics and analyze with updated and reliable statistics whether Hispanics are incarcerated before conviction more often than Whites. There …

Repeating History: The Ineffectiveness Of The 1973 War Powers Resolution, Kaitlyn N. Schiess

Senior Honors Theses

Reluctant students often criticize the study of history as irrelevant to the present day.

In the case of one important and controversial piece of legislation, nothing could be farther from the truth. The 1973 War Powers Resolution (WPR), which places limits on presidential power to deploy troops in combat situations, has ample application to the political functioning of the United States today. Thus, investigating and studying the resolution remains relevant and important today. The WPR became law in 1973, overcoming a predictable veto by President Nixon. The legislation has consistently been a flashpoint for political controversy – eliciting criticism by …

The President In His Labyrinth: Checks And Balances In The New Pan-American Presidentialism, Andrea Scoseria Katz

Scholarship@WashULaw

This dissertation presents a theory of the separation of powers centered on the President’s “power to persuade.” To meet the imperial public expectations placed on the office in the modern age, the President will reliably try to supplement his limited formal powers by convincing others to support his agenda, the people, party allies, and courts being the most important. The President’s techniques of persuasion fall into three regular categories. First, there is “going public,” or popular leadership, where the President turns the force of popular majorities into a tool for shaping policy or legislative outcomes. Second is executive law-making, whereby …

Hate Speech And Double Standards, Thomas M. Keck

Political Science - All Scholarship

Many European states ban the public expression of hateful speech directed at racial and religious minorities, and an increasing number do so for anti-gay speech as well. These laws have been subjected to a wide range of legal, philosophical, and empirical investigation, but this paper explores one potential cost that has not received much attention in the literature. Statutory bans on hate speech leave democratic societies with a Hobson’s choice. If those societies ban incitements of hatred against some vulnerable groups, they will inevitably face parallel demands for protection of other such groups. If they accede to those demands, they …

White Faces In A Black Movement: Why Their Voices Matter, Chauncey L. Alcorn

Capstones

This story follows the lives of two white activists in New York's Black Lives Matter movement. It examines the largely ignored impact white activists have had on the BLM movement and also explores the history of white activists in the abolitionist and Civil Rights movements. The climax details a highly-publicized spat between rival Black Lives Matter organizations that happened during a Dec. 4 protest to commemorate the one-year anniversary of Officer Daniel Pantaleo's non-indictment in Garner's death. My main character, a white male, was blamed for causing the rift and was asked to step down from his leadership position in …

The Liberal As An Enemy Of Queer Justice, Craig Schamel

Catalyst: A Social Justice Forum

Abstract

Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups …

Road To Recovery: Recidivism And The Mclean County Drug Court, Julia Neaves

Student Research – Stevenson Center

This study explores the effectiveness of the McLean County Drug Court at reducing time to recidivism using survival analysis techniques. Data on 146 drug court participants was collected using the county’s proprietary case management systems. Findings suggest that length of drug court programming significantly reduces time to recidivism. Unfortunately, black offenders and offenders with prior criminal history were found to return to the prison system more rapidly than other groups, suggesting that drug court programming may not be addressing the greater systemic issues present in the criminal justice system. These findings collectively inform policy recommendations provided to county administrators and …

Afghan Narcoterrorism: The Problem, Its Origins, And Why International Law Enforcement Should Fight It, Steven Fantigrossi

Renée Crown University Honors Thesis Projects - All

This paper provides insight into the issue of opium trafficking in Afghanistan. In 2014, despite U.S., Afghan, and international efforts since 2001, poppy-opium cultivation in Afghanistan reached an all-time high. The Afghan opium trafficking industry provides funding to terrorist groups and transnational crime organizations and is responsible for the continued corruption of government officials, police officers, and intelligence agents in Afghanistan, Pakistan, Iran, and other nations. Aside from increased corruption and funding of terrorists and criminals, the opium trade creates opium and heroin addicts out of men, women, and children across the globe. The history of how the opium problem …

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 …

Urban, State, And Federal Regimes In Local Politics: The Role Of The Judiciary, Christopher Shortell

Political Science Faculty Publications and Presentations

The study of urban politics often focuses on the ability of urban regimes to successfully pursue their interests and goals. However, scholars of urban politics only peripherally consider the role that courts play. And when courts are incorporated, they are treated as exogenous to the political system. This paper argues for the importance of treating the judiciary as endogenous to the local political system. Courts are themselves political institutions and should be understood as such in the study of politics at the local level. Doing so offers several benefits, including accounting for the ways in which state-level preferences operate as …