Legal Studies Commons^™

Continuity Of Operations: A Strategy To Secure The Nation, Matthew J. Cassidy

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

The sharing of power and responsibilities between the individual states and the federal government is detailed in the US Constitution and is called federalism. Research has indicated that the shift of power between the states and federal government has waxed and waned over the last 236 years. This qualitative study is based upon literature review of the relationships of local, state, and federal governments in responding to catastrophes. Each level of government brings unique capabilities to the response to catastrophic events. There is no need to usurp federalism in order to survive the next catastrophe; it is going to take …

A Multifaceted Approach To Management And Homeland Security For The 21st Century, Vincent Antonecchia

Master in Management for Public Safety and Homeland Security Professionals Master's Projects

This master’s thesis is a compilation of "short stories" which share one common theme, the immediate and long-term protection, preservation and prosperity of my country, the United States of America. I embarked on this journey to obtain a Master of Arts in Management and Homeland Security because I am truly concerned about my children’s future, the future of the United States of America, and the future of the world as a whole. On September 11, 2001, the world caught a glimpse of true evil and witnessed death and destruction as it was carried out by focused and motivated enemies.

I …

Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef

Center on Children, Families, and the Law: Faculty Publications

The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.

In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …

Mothers In Prison: Maintaining Connections With Children, Sylvia Mignon, Paige Ransford

Publications from the Center for Women in Politics and Public Policy

The significant increase in the number of incarcerated women ensures that many children must live without their mothers for some period of time. Women in prison were interviewed about their efforts to maintain relationships with their children. Mail and telephone contacts were more frequent than actual visits. Almost one half of mothers had never received a visit from their children. This article identifies challenges to the development and maintenance of contact between incarcerated mothers and their children. Recommendations are made for correctional agencies to enhance opportunities for incarcerated mothers to foster positive connections with their children.

Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran

Law Faculty Scholarship

No abstract provided.

Measuring Intervention Success In Countering Terrorism, Summer Marie Jackson

Graduate Theses and Dissertations

This study examines the shift of Attorney General Guidelines in the wake of September 11th, 2001, and the consequences for both federal law enforcement and federal prosecutors. Previous research has found that prosecutors are more apt to use an exceptional vagueness approach and try terrorists like traditional offenders. Likewise, terrorist are more likely to act like traditional offenders and plead guilty in the post-9/11 era. This study further supports the existing knowledge by providing evidence of increased plea bargain rates post-9/11 of terrorists. In addition, this study is important because it examines the consequences of the early intervention approach and …

Driving Forces: Police Fatalities, Carol Servino

Graduate Research Symposium (2010 - 2017)

Law enforcement is an inherently risky occupation. The number of traffic-related fatalities for law enforcement officers in the U.S. during the past 13 years has been increasing; however, the number of fatalities for the general population in motor vehicle traffic incidents declined during the same time period.

The federal government reports that federal motor vehicle safety standards aswell as behavioral and vehicle safety programs implemented by state and local law-enforcement agencies contributed to the downward trend for the general public.

What accounts for the pattern and problem with police driving-related deaths?

Clark County Mental Health Court: An Outcomes-Based Evaluation Model Of Residential And Treatment Programs Beyond Recidivism, Mark J. Nichols

Graduate Research Symposium (2010 - 2017)

The number of America’s mental health courts has grown significantly over the course of the past 15 years. Mental health courts can be seen as a form of therapeutic jurisprudence where the court implements therapeutic interventions, case management and treatment (Palermo, 2010). A mental health court was established in Clark County during 2003. Its mission is to promote engagement in treatment, improve quality of life, decrease recidivism, and increase community safety and awareness (Glass, 2008).

The focus of the evaluation of the Clark County Mental Health Court, limited to performance measures related to the decreased recidivism by its clients and …

Should Primates Have Legal Rights?, Hannah Barten, Zhimin Chen

Festival of Communities: UG Symposium (Posters)

A primate having legal rights is a controversial topic these days. Many other countries around the world support the idea of great apes having legal rights, because we for one are one of the five great primates. Others do not support this trending topic as much as others. These types of people believe that great apes such as chimpanzees are superb testing animals for medical purposes, because of the fact that they are closely related to mankind. Organizations such as Great Ape Protection, work towards protecting the rights of these great apes since they cannot speak for themselves. In many …

Oregonians Report Broad Support For Policies That Could Reduce Prison Population, Jody Sundt

Criminal Justice Policy Research Institute Research Briefs

Correctional spending is one of the largest and fastest growing parts of the Oregon budget, making it a target for increased scrutiny. According to a 2011 Legislative Fiscal Office report, the Department of Correction’s (DOC) budget represented close to 9% of the combined General and Lottery Funds in the 2009- 2011 biennium. Since 1993-1995, correctional spending increased almost threefold from close to $400 million to $1.4 billion. Moreover, the DOC’s share of the state budget almost doubled since the mid-1980s. In the context of declining revenue forecasts and increased demand for public services, state agencies are under pressure to reduce …

Proper Crime Recording As An Effective Feedback Tool In Articulating A Crime Policy, Kevin A. Unter

Georgia Journal of Public Policy

Crime policy is subject to the policy process just like other governmental policies.  An effective crime policy is one that reduces the amount of crime in a police department’s jurisdiction, e.g., the city.  Accordingly, crime policy consists of the same policy components – agenda setting, formulation, implementation, and feedback.  The implementation of any crime policy depends on the information collected by police departments, often through crimes reported to the department via 9-1-1 calls or brought to a police officer’s attention through proactive police work.  The success of that police work relative to the reported crime first depends on whether the …

Federal Earmarks In The State Of Georgia, Jeffrey Lazarus

Georgia Journal of Public Policy

Earmarks have been controversial ever since becoming a prominent part of the congressional spending process. Critics charge that earmarks fund projects with little or no economic value (for instance Ted Stevens’ “Bridge to Nowhere,”) but instead allow Congress members to direct government spending to campaign contributors (the charge leading to a federal investigation of the now-defunct lobbying firm PMA Group). On the other side of the controversy, congressional earmarks do fund a number of community improvements which are very valuable, at least locally. In Georgia, the fiscal 2010 appropriations bills included earmarks which allocated $450,000 to update College Park’s emergency …

Jurisdiction‐Granting: Legislative Capacity And Ideological Distance, Seth W. Greenfest

Political Science Faculty Publications

This paper examines the conditions under which Congress passes jurisdiction-granting legislation, legislation that expands the discretion of the federal district courts by designating them as venues in which policy questions are to be heard. This project extends existing research that has demonstrated that Congress manipulates the parameters of jurisdiction by examining the manner in which Congress routinely engages in this activity. I construct and evaluate a comprehensive dataset of laws in which Congress grants jurisdiction to the district courts for the period between 1949 and 2000 with the goal of explaining conditions under which Congress grants jurisdiction Two explanations are …

Immigration Regulation, Luisa Blanco, Odinakachi Anyanwu

School of Public Policy Working Papers

Immigration regulation is defined here as any policy that has the objective of encouraging or discouraging immigration. There are two major categories of immigration regulation: those policies that directly affect the inflow of immigrants and those that influence the everyday lives of immigrants and processes related to the acquisition of legal permanent residency or citizenship. Immigration regulation is quite diverse across time and space; immigration policy is fluid and dynamic and is affected by socioeconomic, cultural, and political factors. Thus, immigration regulation evolves in response to current conditions in a specific country. The role of race in immigration regulation also …

The Relationship Among Emotional Intelligence And Leadership Styles Of Law Enforcement Executives, Gregory, Jr. Campbell

Walden Dissertations and Doctoral Studies

Policing in the 21st century is becoming more complex and dynamic as law enforcement executives deal with operational, political, and economic challenges. Organizational theory and research indicate positive relationships among emotional intelligence (EI), leadership effectiveness, leadership styles, and employee outcomes. But these relationships have not been investigated in law enforcement organizations. The purpose of this quantitative study was to fill this knowledge gap by exploring the above relationships in a sample of law enforcement executives. Situational leadership theory, full range leadership model, and trait EI theory comprised the theoretical framework for this study. Data were collected from 139 law enforcement …

The Utility Of Restorative Justice In Urban Communities For Afro Americans Males 12-17, Johnny Brooks

Walden Dissertations and Doctoral Studies

Juvenile delinquency continues to be a major social problem in the United States. One of the more salient problems with the juvenile justice system in the United States is its staggering incarceration rate, which poses a significant problem for youth exposed to the juvenile justice system, and the community as a whole. The purpose of this qualitative case study was to understand the perspective of the program facilitators about the effectiveness of the restorative justice program in reducing recidivism for African American males aged 12 to 17 in Baltimore City's urban community. This study relied upon restorative justice theory as …

Assessing Harm Reduction A Qualitative Investigation About The Impact Of Therapeutic Jurisprudence On Non-Completing Drug Court Clients, Traci R. Francis

Electronic Theses and Dissertations

Currently, the drug court treatment outcome literature provides little guidance about examining clients that fail to complete drug court. Typically, only successful clients are tracked and measured for outcome success characteristics and not much is known about unsuccessful client outcomes. A large portion of individuals who begin drug court do not complete the program. With unsuccessful rates ranging from 34 to 73%, it seems reasonable to examine the outcome of these cases. Ignoring this phenomenon is problematic because various stakeholders remain uninformed about the drug court model’s full effectiveness. The focus on successful clients may fail to fully capture and …

Corporate Speech In The Wake Of Citizens United V. Federal Election Commission, Eric Groonwald

All Graduate Theses, Dissertations, and Other Capstone Projects

This paper provides an overview of the Citizens United v. Federal Election Commission Supreme Court case and subsequent ruling. Discussion includes the impact on corporate electoral speech, current disclosure and disclaimer laws and reform options.

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

Articles & Book Chapters

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

Preservation Ethics In The Case Of Nebraska's Nationally Registered Historic Properties, Darren Michael Adams

Department of Geography: Dissertations, Theses, and Student Research

This dissertation focuses on the National Register of Historic Places and considers the geographical implications of valuing particular historic sites over others. Certain historical sites will either gain or lose desirability from one era to the next, this dissertation identifies and explains three unique preservation ethical eras, and it maps the sites which were selected during those eras. These eras are the Settlement Era (1966–1975), the Commercial Architecture Era (1976–1991), and the Progressive Planning Era (1992–2010). The findings show that transformations in the program included an early phase when state authorities listed historical resources pertaining to the settlement of the …

Displacement Or Diffusion: A Secondary Analysis Of The Las Vegas Safe Village Initiative, Daniel Duane Swanson

UNLV Theses, Dissertations, Professional Papers, and Capstones

Police initiatives have been implemented by many agencies in an attempt to curtail growing crime rates. The Las Vegas Metropolitan Police Department implemented the "Safe Village Initiative" to address this issue in west Las Vegas. This deterrence based model reduced calls for service in the target area with a diffusion of benefits to the surrounding neighborhoods.

The current study will analyze two research questions pertaining to the "Safe Village Initiative". The first will assess the possibility that a displacement of crime occurred as a result of the treatment. The second research question will address whether, if no displacement occurred, there …

Taking Money: The Politics Of Asset Forfeiture In The State Of Minnesota, Chad Hedman

Political Science Theses and Capstones

Is there a reason why a particular county might use asset forfeiture more than others? Asset forfeiture, in short, is law enforcement confiscating any items used in the act of committing a crime. As many governments face more budget crunches and deficits all means of revenue will become more vital to everyday operations. Everything gets reported back to the Minnesota State Auditor, where I was able to get complete data on every county. For variables such as education, race and others I drew from numerous government websites. I wanted to see if certain variables correlated with higher incidence of forfeiture. …

Juvenile Delinquency Policy And Juvenile Crime In The American States, Jennifer Baker

Political Science Theses and Capstones

Every year each state comes out with a report on all the possible crimes that were committed and how many people were convicted for various crimes in a given state. The same goes for juveniles, as reported in the Juvenile Offenders and Victims 2006 National Report. I compiled data on the fifty states and their programs directed towards juveniles. I then compared the different crimes against the different programs to see if there was any significant difference in Crime rates between states having a specific juvenile justice program or not. I found that some of the programs did affect crime …

Campus Safety: Assessing And Managing Threats, Mario Scalora, Andre Simons, Shawn Vanslyke

Mario Scalora Publications

Since the shootings at Virginia Tech, academic institutions and police departments have dedicated substantial resources to alleviating concerns regarding campus safety. The incident in Blacksburg and the similar tragedy at Northern Illinois University have brought renewed attention to the prevention of violence at colleges and universities.

Campus professionals must assess the risk posed by known individuals, as well as by anonymous writers of threatening communications. The authors offer threat assessment and management strategies to address the increased demands faced by campus law enforcement, mental health, and administration officials who assess and manage threats, perhaps several simultaneously.

The International Implications Of Quality-Of-Life Policing As Practiced In New York City, Bruce D. Johnson, Andrew Golub, James E. Mccabe

Criminal Justice Faculty Publications

The New York City Police Department (NYPD) has made enforcement of laws against disorder and quality-of-life offenses a central part of its policing strategy. Concomitantly, New York City (NYC) experienced a renaissance in orderliness, cleanliness, tourism, real estate value, and crime reduction, although other problems such as poverty, unemployment, drug abuse, racial tensions, and homelessness persist. This paper examines quality-of-life policing practices in NYC, describes the philosophical underpinnings, explores the critical response to the program, and presents lessons of potential relevance to other policing organizations in the USA and around the world.

Balancing Fear: Why Counter-Terror Legislation Was Blocked After The Oklahoma City And London Bombings, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

This article scrutinizes the legislative reactions to the Oklahoma City Bombing and the 2005 London Bombings to try to decipher why counter-terror legislation was substantially blocked after these attacks. It finds that the partisan composition of the government and executive approval ratings are critical to the passage of counter-terror laws. In light of the recent slew of counter-terror legislation passed worldwide, cases, where counter-terror legislation has been blocked, have become critically important. To this end, this article asks, “Why does counter-terror legislation get blocked when it does?” To answer the question, three variables are tested: partisan composition of the government, …

Legal Analysis Of Off-Hire Clauses, Li Ma

World Maritime University Dissertations

No abstract provided.

Food Justice As Crime Prevention, Avi Brisman

Journal of Food Law & Policy

In December 2008, Governor David Paterson (D-NY) proposed an 18 percent tax on nondiet sodas and fruit drinks containing less than 70 percent natural fruit juice. While the tax was part of a broader budget proposal designed to address New York State's fiscal crisis - a plan that that included new taxes and tax hikes on 137 items and services' - state officials promoted the "obesity tax," as the soft drink levy came to be called, as a public health measure.

The Injustice Of Justice: The Pursuit Of A Harmonious, Just, And Merciful World, Robert W. Boyle

Pell Scholars and Senior Theses

There is no one universal definition of Justice. Such a limited view of right and wrong conflicts with our infinitely diverse world. The key to a harmonious global community is that justice is malleable and fluid, similar to water, where it can take the shape of its environment while still retaining the properties of fundamental rights. Our world will never come to a universal agreement on justice, due to the deeply embedded cultural beliefs and differing views, so a single understanding of justice is impossible. If the world can have a baseline understanding of right and wrong and the flexibility …

A Miscarriage Of Juvenile Justice: A Modern Day Parable Of The Unintended Results Of Bad Lawmaking, Amy Vorenberg

Law Faculty Scholarship

Sensationalized cases increasingly create the context for public policy discussion. Stories about violent crime are a common feature of the local evening news and their emotional nature can often create the hook politicians need to showcase their “tough on crime” agendas. Often anecdotal and lurid, stories of criminal misdeeds are widely used to convince the public of a need to create or change laws. This article demonstrates the perils of making law by extrapolating from a few random, albeit attention-grabbing, events. Specifically, the article examines the impact of a 1995 change in New Hampshire state law that lowered the age …