Legal Studies Commons^™

Asymmetric Empirical Similarity, Joshua C. Teitelbaum

Georgetown Law Faculty Publications and Other Works

The paper offers a formal model of analogical legal reasoning and takes the model to data. Under the model, the outcome of a new case is a weighted average of the outcomes of prior cases. The weights capture precedential influence and depend on fact similarity (distance in fact space) and precedential authority (position in the judicial hierarchy). The empirical analysis suggests that the model is a plausible model for the time series of U.S. maritime salvage cases. Moreover, the results evince that prior cases decided by inferior courts have less influence than prior cases decided by superior courts.

Women As Expert Witnesses: A Review Of The Literature, Tess M. S. Neal

University of Nebraska Public Policy Center: Publications

This review of women’s participation in the legal system as expert witnesses examines the empirical literature on the perceived credibility and persuasiveness of women compared with men experts. The effects of expert gender are complex and sometimes depend on the circumstances of the case. Some studies find no differences, some find favorable effects for women and others for men, and still others find that expert gender interacts with other circumstances of the case. The findings are interpreted through social role theory and the role incongruity theory of prejudice. Future directions for research are identified and implications are considered for attorneys …

The Best Interest Is The Child: A Historical Philosophy For Modern Issues, Lahny R. Silva

Brigham Young University Journal of Public Law

A little over a century after the creation of the first juvenile court in America, the states and the federal government continue to try to find an effective and practical solution to juvenile delinquency. Beginning with the “Best Interest of the Child Standard” in 1899, juvenile justice policy has evolved into a mixed bag of philosophies. State statutes littered with “Best Interest” rhetoric, have interestingly resulted in state policies that are retributive in nature and disproportionately affect minority communities. The disconnect between theory and practice is the product of decades of socio-political influence on juvenile justice policy as well as …

Should Public Law Accommodate The Claims Of Conscience?, William A. Galston

San Diego Law Review

In the end, it seems to me, the matter boils down to a single issue. Many individuals consider themselves bound by two sources of authority, public law and conscience, whose demands do not always coincide. Is the state prepared to take cognizance of this fact, and if so, how should it respond? Unlike other regimes, liberal democracies should not find these questions unduly challenging. To be a liberal state is to recognize limits on the legitimate scope of public authority; to be a liberal democracy is to recognize limits on the authority of the people and on the writ of …

False Speech: Quagmire?, Christopher P. Guzelian

San Diego Law Review

Recently decided cases in several Federal Courts of Appeals and the United States Supreme Court show that First Amendment false speech case law is contradictory and unpredictable. This Article gives examples and concludes that legal liability for false speech will continue to be arbitrary and even susceptible to intentionally unjust decisionmaking if judges and juries individually and collectively disregard or downplay the necessity of an honest search for truth under the guise of tolerance and evenhandedness. If Americans wish to avoid an anything-goes “quagmire” about truth, they must—despite inevitable resistance in a civilization increasingly rife with skeptics—undergo transformations of their …

National Geographics: Toward A “Federalism Function” Of American Tort Law, Riaz Tejani

San Diego Law Review

This Article will situate the federalism function among existing scholarly frameworks and assess the “contoured” approach to federal and state power balancing across the existing subject matter of torts. Part II will assess conflicting characterizations of tort law as on one hand “private” and on the other “public” law. Part III will define and explain competing functions of tort law with an eye to whether federalism fits the common criteria of these coexisting objectives, goals, purposes, and methods for adjudication. In Part IV, the Article will explore historical and contemporary roles of federalism to understand why this process becomes so …

A Modern King Solomon’S Dilemma: Why State Legislatures Should Give Courts The Discretion To Find That A Child Has More Than Two Legal Parents, Ann E. Kinsey

San Diego Law Review

This Comment reviews the current state of parental rights and proposes statutory clarifications that would provide courts with the power to find that a child has more than two legal parents. Part II provides background information on the decline of the traditional family. The Part reviews how the law of parentage has progressed over time and provides an overview of the laws of several states and Canada that provide rights to, and impose duties on, a third parent. Part III discusses California Senate Bill 1476, which, had Governor Jerry Brown signed it into law in 2012, would have given California …

Overseas Lawful Permanent Resident Terrorists: The Novel Approach For Revoking Their Lpr Status, Daniel Pines

San Diego Law Review

This Article seeks to break the silence by examining the issue of overseas LPRs and offering a mechanism by which the U.S. government could take affirmative action to file cases in immigration courts to strip out-of-status LPR terrorists of their LPR status. As the United States legally can, and routinely does, revoke the LPR status of out-of-status LPRs who appear at U.S. borders, the United States could also take away such status for those who have resorted to terror, without having to wait—perhaps in vain—for them to appear on the United States’ doorstep. The purpose of granting an individual LPR …

Los Angeles County's Criminal Street Gangs: Does Violence Roll Downhill?, Jasmin B. Randle

Electronic Theses, Projects, and Dissertations

According to the 2011 National Gang Threat Assessment created by the Federal Bureau of Investigation, there are more than 33,000 gangs in the United States, cited as being responsible for nearly 48% of the violent crime in the country. Using information drawn from gang-related court cases, this study examines the nature of inter- and intra-gang violence occurring between January 1, 2002-December 31, 2011. An innovative application of network analysis will be used to hone in on rivalries, the existence of possible hierarchy, and the relational and structural characteristics of Blood and Crip gangs in Los Angeles County. Results show that …

Trans-Substantivity And The Processes Of American Law, David Marcus

BYU Law Review

The term “trans-substantive” refers to doctrine that, in form and manner of application, does not vary from one substantive context to the next. Trans-substantivity has long influenced the design of the law of civil procedure, and whether the principle should continue to do so has prompted a lot of debate among scholars. But this focus on civil procedure is too narrow. Doctrines that regulate all the processes of American law, from civil litigation to public administration, often hew to a trans-substantive norm. This Article draws upon administrative law, the doctrine of statutory interpretation, and the law of civil procedure to …

What Lies Beneath: Interpretive Methodology, Constitutional Authority, And The Case Of Originalism, Christopher J. Peters

BYU Law Review

No abstract provided.

Creating Crimmigration, César Cuahtémoc García Hernández

BYU Law Review

No abstract provided.

Promoting The Study Of Wrongful Convictions In Criminal Justice Curricula, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Criminal justice education promotes interdisciplinary learning, critical thinking skills, and ethical decision making. A course on wrongful convictions falls squarely within that paradigm, as it draws upon criminology, criminal justice, law, psychology, and forensic science to examine basic assumptions about the criminal justice system and the actors within it. In a wrongful convictions course, students learn to think critically about the criminal justice system, and what happens when it fails to function as it should. Students identify practice and policy reforms that improve the accuracy and reliability of the system. This article first considers the broad objectives of criminal justice …

Cyber Bullying Evolved: Bullying In The Military Workcenter, Dayna M. Friend

Regis University Student Publications (comprehensive collection)

The purpose of this project was to inform readers about the progression of cyber bullying into the military work center. This research has been compiled to aid the thesis topic for the capstone project in the Regis University Criminology program. The proposal relates the involvement of adults (any person over the age of 18) in the epidemic that is cyber bullying. A comprehensive literature review analysis was created on the current research available on cyber bullying in adolescents and the issues that exist within it. It was found that the majority of the research is still in the understanding of …

Utilizing Dna Analysis To Combat The World Wide Plague Of Present Day Slavery – Trafficking In Persons, Timothy Palmbach, Jeffrey Bloom, Emily Hoynes, Dragan Primorac, Mario Thomas Gaboury

Forensic Science Publications

A study was conducted to determine if modern forensic DNA typing methods can be properly employed throughout the world with a final goal of increasing arrests, prosecutions, and convictions of perpetrators of modern day trafficking in persons while concurrently reducing the burden of victim testimony in legal proceedings. Without interruption of investigations, collection of samples containing DNA was conducted in a variety of settings. Evidentiary samples were analyzed on the ANDE Rapid DNA system. Many of the collected swabs yielded informative short tandem repeat profiles with Rapid DNA technology.

I Hope I Don't See You Tomorrow: A Phenomenological Ethnography Of The Passages Academy School Program, Lee Adam Gabay

Dissertations, Theses, and Capstone Projects

This study examines Passages Academy, a school program that offers educational services for court-involved youth in New York City. Looking specifically at the Department of Education teachers who work in facilities run by the Department of Juvenile Justice, this research focuses on the beliefs and behaviors that inform the teaching experience within these facilities. The critical question of how these educators negotiate the learning spaces within this school community is also examined.

The question that informs much of this study is: how are the philosophies of the various stake-holding agencies enacted daily in real classroom settings? This leads to a …

The Process Of Separation For Victims Of Intimate Partner Violence: Evaluating Risk Of Indirect And Physical Abuse Relating To Interpersonal Events, Brittany E. Hayes

Dissertations, Theses, and Capstone Projects

Previous research has found that risk of physical abuse increases during the process of separation (Brownridge, 2006). Given the opportunity structure changes once the separation process begins, abusers may be more likely to engage in indirect abuse when their partner begins the process. Indirect abuse is the use of third parties, such as children or family/friends, to manipulate the abused woman. In the current study, opportunity is measured with both events abused women report and relationship characteristics that increase or decrease the likelihood the victim and offender converge in time and space.

The study relies on data from the Chicago …

Legend Tripping: Haunted Fun Or Potential Juvenile Delinquency And Death, Gordon A. Crews

Criminal Justice Faculty Publications

On August 7, 2013, one juvenile was killed and 10 others were seriously injured when their truck crashed in Clay County, West Virginia. These juveniles, after drinking heavily, were investigating the Appalachian legend of the “Haunted Chimneys around Booger Hole”. The concept of legend tripping is at least as old as Mark Twain's The Adventures of Tom Sawyer, which contains several accounts of adolescents visiting allegedly haunted houses and caves said to be the “lairs of criminals”. This paper examines the extent and dangers of juvenile legend tripping across the United States. Many examples of cases will be given.

Public Knowledge And Sentiments About Elite Deviance, Cedric Michel

USF Tampa Graduate Theses and Dissertations

A growing body of research has revealed that the financial cost and physical harmfulness of elite deviance overshadow the impact of street crime on society (Knowlton et al., 2011; Landrigan et al., 2002; Leigh, 2011; Lynch & Michalowski, 2006; Herbert & Landrigan, 2000; Rebovich & Jiandani, 2000; Reiman & Leighton, 2010). However, despite such discrepancies, crimes of the poor continue to outshine white-collar offenses in the news media (Barak, 1994; Barlow & Barlow, 2010; Ericson et al., 1991; Lynch & Michalowski, 2006; Lynch, Nalla & Miller, 1989; Lynch, Stretesky & Hammond, 2000), the criminal justice system (Calavita, Tillman, & Pontell, …

Terrorism, International., Jibey Asthappan

Criminal Justice Faculty Publications

International terrorism is a relatively new phenomenon considering the age of terrorism. Terrorism has been used for over 2,000 years, but international terrorism as we know it today was made possible by technological advances. This entry begins by reviewing pivotal historical events that led to terrorism's use, as well as the underlying reasons for terrorism today. The article then discusses the influence of political stability and culture on international terrorism. Finally, a brief discussion of counter-terrorism strategies highlights the means by which terrorism is prevented.

Assessing Sheriff’S Office Emergency And Disaster Website Communications, Philip M. Stinson, John Liederbach, L. Fleming Fallon, Hans Schmalzried

Criminal Justice Faculty Publications

Sheriff’s offices are an integral component of the public health emergency preparedness and response system in the United States. During a public health emergency or disaster, sheriff’s offices need to communicate with people affected by the event. Sheriff’s office websites are logical sources for information about disaster preparedness and response efforts. No prior research evaluates emergency preparedness and response resources available through sheriff’s office websites. The current research is a national study of sheriff’s office websites to assess the availability of information relating to emergency preparedness and response. A content analysis of 2,590 sheriff’s office website homepages was conducted to …

Special Administrative Measures: An Example Of Counterterror Excesses And Their Roots In U.S. Criminal Justice, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article examines the creation and implementation of pretrial Special Administrative Measures [SAMs], a version of pretrial solitary confinement now used most often to confine terror suspects in the federal criminal justice system. Through an in-depth archival study, this article brings attention to the importance of 20th-century criminal justice trends to the 21st-century response to the threat of terrorism, including an increasingly preventive focus and decreasing judicial checks on executive action. The findings suggest that practices believed to be excessive responses to the threat of terrorism are in fact a natural outgrowth of late modern criminal justice.

‘The Hole’ Exposed: Voices On Solitary Confinement In The American Prison System, Sarah Schnitman

Anthropology Department Honors Papers

Solitary confinement, as practiced within the United States penal system, is a form of imprisonment that is rarely studied within the field of anthropology due to the nature of isolated prisoners as highly inaccessible subjects. Details about the physical appearance of such isolation units and the range of effects reported over the years by inmates and activist organizations have been largely veiled to the general public. However, scholars, political bodies, and the press began to pick up conditions of solitary confinement as an issue of inhumane treatment and torture. Although forms of isolated imprisonment have been used in the United …

When Speech Isn't Free: Legal Barriers And Consequences Of Reporting Sexual Violence, Kevin M. Fleming

Departmental Honors Projects

Incidents of sexual violence continue to be a serious problem for society. Likewise, acts of sexual violence impose severe consequences for survivors. The consequences initially begin at the onset of the survivor’s journey to psychological recovery following the traumatic sexual assault. The consequences take on a unique set of characteristics when the survivor attempts to use the justice system to confront the perpetrator who committed the offense. These characteristics can transform an adversarial process into an isolated battle for the survivor. In the worst cases, the justice system empowers individuals who wish to silence survivors with free speech restrictions instead …

Contraceptive Sabotage, Leah A. Plunkett

Law Faculty Scholarship

This Article responds to the alarm recently sounded by the American College of Obstetricians and Gynecologists over “birth control sabotage”—the “active interference [by one partner] with [the other] partner’s contraceptive methods in an attempt to promote pregnancy.” Currently, sabotage is not a crime, and existing categories of criminal offenses fail to capture the essence of the injury it does to victims. This Article argues that sabotage should be a separate crime—but only when perpetrated against those partners who can and do get pregnant as a result of having sabotaged sex. Using the principle of self-possession—understood as a person’s basic right …

Tensions Of Violence, Social Harm, And Profit: An Examination Of The National Football League, Jonathan Anthony Felden

Online Theses and Dissertations

The subject of sport and leisure is prominently unchartered territory within criminology. The National Football League provides a unique opportunity for scholarly exploration as the sport is predicated on violence and preserves existing systems of inequality. Stemming from the defining late modern characteristics of risk management and actuarial justice, the topics of injury and harm within the sport have been brought to light by lawsuits against the league claiming that the corporation knew of the dangers of mild traumatic brain injuries (MTBI) and actively attempted to subvert this knowledge. This paper employs an amalgamation of theories and research to comprehensively …

Predicting Staff Sexual Misconduct In Female Housing Units: Individual Versus Social Climate Factors, Hannah Mae Robbins-Johnson

Online Theses and Dissertations

Staff sexual misconduct in prison has received increased attention since passage of the Prison Rape Elimination Act. As part of a larger investigation of violence and conflict in women's correctional facilities, over four thousand women prisoners from 15 facilities and 80 housing units rated the kinds of inmate and staff problems they felt existed in their housing units, including staff sexual misconduct. Due to the data being nested in housing units, we utilized multilevel regression analyses that regressed staff sexual misconduct scores on a range of individual and social climate variables. Social climate variables were found to be more influential …

Police Sexual Misconduct: A National Scale Study Of Arrested Officers, Philip M. Stinson, John Liederbach, Steven L. Brewer, Brooke E. Mathna

Criminal Justice Faculty Publications

Police sexual misconduct is often considered a hidden crime that routinely goes unreported. The current study provides an empirical data on cases of sex-related police crime at law enforcement agencies across the United States. The study identifies and describes incidents where sworn law enforcement officers were arrested for one or more sex-related crimes through a quantitative content analysis of published newspaper articles and court records. The primary news information source was the Google News search engine using 48 automated Google Alerts. Data are analyzed on 548 arrest cases in the years 2005-2007 of 398 officers employed by 328 nonfederal law …

Victim Worthiness: The Effect Of Media Coverage On The Portrayal Of Homicide Victims, Danielle Christenson

Undergraduate Review

In the last thirty years with the growth of 24-hour news channels, Internet only news sites and the decline of the newspaper, there have been tremendous changes in how the media covers crimes. Whether it is a catastrophic terrorist attack, school shooting or a low-profile homicide, violent crime is a staple of news coverage. The field of victimology has documented that the media does not portray all crime victims the same. The race and class of the victim as well as seemingly non-relevant factors such as their age, profession and the location of the crime as well as the demographics …

Ua12/8 Annual Campus Safety & Security Report, Wku Police

WKU Administration Documents

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.