Legal Studies Commons^™

Keeping A Secret From Yourself? Confidentiality When The Same Neutral Serves Both As Mediator And As Arbitrator In The Same Case, Kristen M. Blankley

Nebraska College of Law: Faculty Publications

As the alternative dispute resolution field has grown, parties have designed their own processes from established processes in an attempt to best serve their process needs. One such hybrid process is mediationarbitration, called “med-arb” for short. Med-arb involves a single neutral who first serves as a mediator, and if the parties reach an impasse in mediation, the neutral then serves as an arbitrator to resolve the dispute. Although the literature has given some attention to the benefits and drawbacks of med-arb, this Article examines the process in light of broad mediation confidentiality and privilege statutes. Because these laws have no …

Societal Integration And Radical Islam Among Muslim Immigrants In Europe And The United States, Ghada Wahdan

Regis University Student Publications (comprehensive collection)

Little research has been done using Social Disorganization Theory to explain the radicalization of Muslim immigrants in Europe and the United States. The author's intention is to offer a concise and clear comparison between the relationship of societal integration and radical Islam among Muslims living in Europe and the United States. The research modeled the application of Social Disorganization Theory which is seated in the idea that social disorder in communities creates disagreements in fundamental values, norms with behavioral irregularity and deviance. Radicalization of Muslim immigrants living in non-Muslim countries exists when there is a low degree of internal bonding …

On The Connection Between Law And Justice, Anthony D'Amato

Faculty Working Papers

What does it mean to assert that judges should decide cases according to justice and not according to the law? Is there something incoherent in the question itself? That question will serve as our springboard in examining what is—or should be—the connection between justice and law. Legal and political theorists since the time of Plato have wrestled with the problem of whether justice is part of law or is simply a moral judgment about law. Nearly every writer on the subject has either concluded that justice is only a judgment about law or has offered no reason to support a …

What Will We Lose If The Trial Vanishes?, Robert P. Burns

Faculty Working Papers

The number of trials continues to decline andfederal civil trials have almost completely disappeared. This essay attempts to address the significance of this loss, to answer the obvious question, "So what?" It argues against taking a resigned or complacent attitude toward an important problem for our public culture. It presents a short description of the trial's internal structure, recounts different sorts of explanations, and offers an inventory of the kinds of wounds this development would inflict.

New Approaches To Customary International Law, Anthony D'Amato

Faculty Working Papers

Reviews Eric A. Posner, The Perils of Global Legalism; Andrew T. Guzman, How International Law Works; Brian A. Lepard, Customary International Law.

After a century of benign neglect, international theorizing has taken off. The three contributors to legal theory reviewed here can be placed along a linear spectrum with Posner at the extreme political science end, Lepard at the opposite international law end and Andrew Guzman holding up the middle.

The Limits Of Constructivism: Can Rawls Condemn Female Genital Mutilation?, Andrew Koppelman

Faculty Working Papers

The strategy for coping with value pluralism that Rawls has proposed is to permit political decisions, at least with respect to basic rights, to depend only on those goods that can be inferred from the bare requirements of respectful relations between persons. His account offers such a parsimonious conception of the good that it cannot cognize some atrocities. I focus on one extreme human rights case: the practice of female genital mutilation (FGM), which, it is well established, violates basic human rights. Doubtless Rawls was appalled by the practice. Yet his theory cannot generate a basis for condemning it. A …

Non-State Actors From The Perspective Of The Policy-Oriented School: Power, Law, Actors And The View From New Haven, Anthony A. D'Amato

Faculty Working Papers

Law needs Power for enforcement of its rules; Power utilizes Law for creating conditions of stability that enhance its salience. Yet when the New Haven school tries to include international law in its power-oriented view of international relations, it ends up with a misleading two-dimensional descriptivism.

Immigrant Hispanic Women And The Victimization They Encounter In The United States, Alejandra Aranda Redondo

Theses Digitization Project

This study explored some of the primary reasons why immigrant Hispanic women are victims of abuse, along with various barriers they faced, and the ways in which they coped. The influence of the Hispanic culture is a driving force in the women's inability to move away from their abusers, to seek help, and to obtain the necessary help. Hispanic cultural attitudes and the perceptions of these victimized immigrant women affected their help-seeking behaviors.

Little Brother Is Watching And Recording You: Social Control In A Deviant Group, Joshua Wayne Roberts

Online Theses and Dissertations

Since the 1950s social control has mostly been explained from the counteraction of deviance perspective. In this research I examine social control in a broader context, what I call social control as the furtherance of action perspective. In order to accomplish this, I conducted a digital ethnography with a group engaged in deviant behavior. The group has no formal name, but individuals are known by the deviant act they engage in. The act is referred to as "capping", but is best explained as individuals or a group of individuals making screen recordings of live web cam feeds from websites designed …

Evaluation Of Services For Adults With A Dual Diagnosis In The Criminal Justice System, Cheryl Anne Stebbings

Theses Digitization Project

San Bernardino Forensic Assertive Community Treatment (FACT) is a community-based program created to serve San Bernardino County adults with serious mental illness, who have also had repeated contacts with the criminal justice system as a result of their mental illness. Finding a balance of how mental health providers and the criminal justice system can work together to design effective treatment plans for these clients is essential in helping them accomplish this. This research evaluated the effectiveness of services from the FACT program.

Exploring The Effective Components Of The Young Visionaries Youth Leadership Academy: Violence Intervention And Prevention Program, Maria Catharina Johanna Lurinks

Theses Digitization Project

The purpose of the study was to evaluate the effective components of the Young Visionaries Youth Leadership Academy: Violence Intervention, and Prevention program. It is found that an effective violence intervention program can help reduce the violent crime rates among juveniles in San Bernardino County.

Hate Crimes Based On Gender Identity And Sexual Orientation, Katie Nicole Williams

Theses Digitization Project

The purpose of this study was to examine hate crimes based on their gender identity or sexual orientation of the victim through selected variables. The research looked at information collected from a variety of media sources, categorized the information into the existing dataset, and used a chi-square test to prove the significance. The sample analyzed contains 121 cases of individuals that were killed because of their real or perceived gender identity or sexual orientation within a twenty year time frame; Mathew Shepard, a highly publicized hate crime victim, was used as the focal point of this research.

Supermax Confinement: A Descriptive And Theoretical Inquiry, Marisa M. Baumgardner

Online Theses and Dissertations

In the past few decades, there has been a proliferation of supermax prisons and units across the nation, reflecting the increased use of administrative, isolated segregation. This proliferation is embedded within a broader shift in society towards more punitive measures of disciplining those people convicted of criminal offenses. The primary purpose of this thesis is to examine the proliferation of supermax confinement as a major component of the punitive shift. This is done primarily through the application of contemporary literature that focuses on the sociology of punishment theory. Another purpose of this thesis was to examine and describe the history …

The Phenomenon Of Identity Theft, Hollie Reni Freeman

Online Theses and Dissertations

This research is a descriptive study of the prevalence of Identity Theft in the Commonwealth of Kentucky from 2004 to 2009 and the procedures used by the Kentucky State Police to deal with this crime. The data for this study is a combination of violation code use retrieved from Kentucky's Open Portal Solution (KYOPS) and complaint and case data retrieved from Computer Aided Dispatch (CAD). By gathering data from each of the 16 posts across the state of Kentucky, an evaluation of the prevalence of the crime of Identity Theft yields conclusive results. KYOPS Violation Code data showed a progressive …

The Case For Clear And Convincing Evidence: Do Our Laws Value Property Over Children?, Tricia P. Martland

Justice Studies Faculty Publications

Our laws reflect our values. What we value, we make laws to protect. In this article, Tricia Martland describes the child custody statute in North Dakota, which is the only state to use “clear and convincing” standard of evidence. This means that children will not be placed with parents with a history of domestic violence unless there is clear and convincing evidence of their rehabilitation. Other states deem the clear and convincing standard too stringent. Yet this standard is often used with regard to property title. Do our laws indicate that we value things over children? Changing policy to apply …

Controlling Gang Crime: The Santa Nita Gang Injunction, Bryan William Devor

Theses Digitization Project

The purpose of this study will explore increasing gang membership, gang structure, and strategies utilized by the criminal justice system in attempting to curb gang-related crime and activities. Through a quantitative research study, the researcher examined crime in the cities of Garden Grove, California and Santa Ana, California in an attempt to determine the success of the Santa Nita Gang Injunction in reducing crime within the injunctions "safety zone."

Criminal Justice Policy Research Institute Newsletter, Portland State University. Criminal Justice Policy Research Institute

Criminal Justice Policy Research Institute Newsletters

Newsletter provides information on:

• Latest research results
• Projects and studies underway
• Research awards and distinctions
• Recent research publications

The Adam Walsh Act: Juveniles And Sex Offender Registration And Notification, Kallee Spooner

Undergraduate Review

Increased public concerns of juvenile sex offenders fueled the passage of the Adam Walsh Child Protection and Safety Act in 2006. The media coverage of these adolescents and public perception were influential in the enactment of this policy. Public fear is aroused by isolated incidents of deviance or crime. Media accounts highlight extreme cases, instead of more common incidents of sexual assaults (Harris & Lurigio, 2010). The fear culminates in the forming of groups of experts and concerned citizens that demand reform. Legislators cite media and views of their constituents as their primary sources of information about sex offenses and …

The Effects Of Massachusetts’ Decriminalization Of Marijuana Law On Use Patterns, Keriann Speranza

Undergraduate Review

The practice of smoking marijuana was imported to the United States from Mexico in the early 1900s. Fear around the use of marijuana provoked sixteen states to pass laws prohibiting the use of marijuana by 1930 (Becker, 1963). It was not until 1937 that the United States Congress passed the Marihuana Tax Act to stamp out use of the drug after the Bureau of Narcotics presented to the public in a series of propaganda films and news articles the perceived dangers of marijuana use – including violence (Becker, 1963). Since that law, the United States government has attempted to create …

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 …

Correlates And Consequences Of Pre-Incarceration Gang Involvement Among Incarcerated Youthful Felons, Sean P. Varano, Beth M. Huebner, Timothy S. Bynum

Justice Studies Faculty Publications

Objective: The primary aim of the study is to document the prevalence and variation in types of pre-incarceration gang membership among a sample of incarcerated felons. The second goal is to consider if and how pre-incarceration gang involvement affects institutional behavior. Materials and Methods: This study builds on the existing literature by considering if and how different types of pre-incarceration gang involvement effect prison misconduct. This relationship is examined while controlling for attitudinal measures and pre-prison social characteristics that may condition entrance into gangs and involvement in serious prison misconduct. The study includes a sample of 504 youthful adults incarcerated …

Interoperability And Information Sharing, Sean P. Varano, Thomas J. Dover

Justice Studies Faculty Publications

Communication and information sharing are two of the most pressing issues facing the public safety community today. In previous chapters of this volume, authors have made note of the changing public safety landscape as it relates to the need for enhanced information and intelligence sharing among a broad cross-section of organizations. Public safety organizations, particularly law enforcement agencies, have been quick to adopt emerging technologies that have allowed for greater communication and information sharing capacities. While substantial improvements have been made over the decades that enhanced communication and information sharing, many challenges remain in the move to seamlessly integrated communication …

Communities As Allies, Joseph Schafer, Sean P. Varano, Nicholas Libby

Justice Studies Faculty Publications

A popular axiom attributed to British policing is the police are the public and the public are the police. Inherent in this term is a blurring of the distinction between the police and the public they serve; the police are cast as being little different from the citizenry and citizens are cast into a role of responsibility for the safety and well-being of the community. In effect, communities are framed as allies in the fight to ensure safe and secure neighborhoods. Across space and time this idea has held uneven sway within American policing ideologies. This essay considers the relationship …

Demographic And Offense-Related Variables In Pennsylvania Court-Ordered Placements For Juveniles, Kristen N. Asplin, Diane T. Marsh, Adeline Beighley

Contemporary Issues in Juvenile Justice

When making placement decisions for juvenile offenders, court officers often consider the types of charges listed against them. We examined the pattern of offenses charged to residents of 7 types of placements in 1 county in Pennsylvania over a period of 2 years. Consistent, predictable patterns were found across placements, with more restrictive placements assigned to juveniles with more severe offenses, although there remained a considerable degree of variation in offenses represented in each placement type. The pattern of placements was different between genders as well, with female offenders being placed in less restrictive care even more often than their …

Self-Determination Theory And Juvenile Delinquency: A Validation Of A Combined Theory For Understanding Youth In Conflict With The Law, Sibley Y. Hawkins, Forrest A. Novy

Contemporary Issues in Juvenile Justice

In this study, we propose an expanded theory of delinquency that integrates social learning, control, and motivationally based explanations of human behavior. We posit that delinquency occurs partly due to attempts to fulfill 3 developmentally necessary psychological needs; auton-omy, competence, and relatedness. Melding elements of 3 theories (Social Control Theory [Hirschi, 1972], General Crime Theory [Gottfredson & Hirschi, 1990], and Self Determination Theory [Deci & Ryan, 1985, 2000a, 2008]), provides a better understanding of the precursors to delinquency and possible approaches to mitigating their impact. The study examines: (a) the extent to which the 3 basic psychological needs (competence, …

Editor’S Statement, David Polizzi

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Justice-Rendering Schemas: A Typology For Forms Of Justice And A Prolegomenon For Transformative Justice, Dragan Milovanovic

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Filling In The Gaps In Culture-Based Theories Of Organizational Crime, Adam Trahan

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Inmate Mental Health, Solitary Confinement, And Cruel And Unusual Punishment: A Preliminary Response To Commentators, Heather Y. Bersot

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Book Review: "Black Bodies, White Gazes: The Continuing Significance Of Race" (George Yancy), David Polizzi

Journal of Theoretical and Philosophical Criminology

No abstract provided.