Legal Studies Commons^™

The Indirect Consequences Of Expanded Off-Label Promotion, Patricia J. Zettler

Faculty Publications By Year

The U.S. Food and Drug Administration’s (FDA) policies have been a battleground for litigation about First Amendment protections for commercial speech. In the last five years, the FDA’s position that “off-label” promotion of approved prescription drugs—when a manufacturer promotes a drug for a use for which the FDA has not approved it—leads to violations of the Federal Food, Drug, and Cosmetic Act has been subject to successful legal challenges. Although the merits of these off-label promotion decisions are well traversed in the literature, this Article explores the potential indirect consequences of recently-recognized protections for off-label promotion. This Article demonstrates that—as …

Politics Below The Surface: A Political Ecology Of Mineral Rights And Land Tenure Struggles In Appalachia And The Andes, Lindsay Shade

Theses and Dissertations--Geography

This dissertation examines how confusion and lack of access to information about subsurface property rights facilitates the rapid acquisition of mineral rights by mining interests, leaving those who live 'above the surface' to contend with complicated corporate and bureaucratic apparatuses. The research focuses on the first proposed state-run large scale mining project in Ecuador, believed to contain copper ores, and on the natural gas hydrofracking industry in three counties in north central West Virginia. Qualitative and visual methods, including mapping, are employed to determine (i.) how the geography of subsurface ownership patterns is changing, (ii.) links between changes in subsurface …

The Implementation Of Body Worn Cameras: Lessons Learned The Case Of Detroit Police Department, Toycia Collins

Wayne State University Theses

The level of mistrust between citizens and the police continues to have serious implications for police legitimacy. Police legitimacy is an important phenomenon that must be preserved, since it forms the very foundation of police authority. The intricates surrounding police/citizen mistrust is further compounded in this era of citizen journalism, where the increasing availability of cellphones and varying social media platforms, have given rise to the ability to share the captured footages with a wider audience. In 2014, then president, Barack Obama proposed a compromise to bridge the gap between citizens and the police. This compromise came in the form …

Trends In The Community Supervision Population Of The United States: An Analysis Of Race, Gender, And Region's Effect On Probation And Parole, Patricia Bynum

Wayne State University Theses

Past research noted that the community supervision population of the United States has grown at a rate comparable to the incarcerated population. The two-fold purpose of this study was to describe the trend of growth for the community supervision population of the United States at the state- and national-level from 1990-2010, and to quantitatively examine whether race, gender, or region influenced the ratio of individuals under community supervision over incarceration by state. Data were collected from the Bureau of Justice Statistics (BJS) database from four different publications for all 50 states and the District of Columbia. Data were prepared in …

Exploring The Characteristics And Motivations Of Undergraduates Who Sext, Mackenzie Boehler

Wayne State University Theses

ABSTRACT

IDENTIFYING THE MOTIVATIONS AND CHARACTERISTICS OF UNDERGRADUATES WHO SEXT

by

MACKENZIE BOEHLER

May 2017

Advisor: Dr. Matthew Larson

Major: Criminal Justice

Degree: Master of Science

In recent years, sexting has become a controversial topic among legal scholars and behavioral scientists. Research has displayed varying accounts of the prevalence of sexting among young adults and has yet to answer the question of why. This study seeks to understand the characteristics and motivations of young adults who are involved in sexting. A survey of sexting behaviors was administered online at a large urban university. Identifying the factors and influences for a …

Police Assisting Addicts Towards Recovery: A Preliminary Analysis Of Drug Policy, Sherah Dickinson

Undergraduate Research Journal

The War on Drugs began in 1967 with the hope of ending the devastating effects of drug addiction. Unfortunately, the prevalence of drug use and abuse has only spread across socioeconomic, cultural, and geographic lines. This research describes the implications of criminalizing drug addiction, for example: crowded prison populations and disparate treatment of minority and disadvantaged groups. This review further investigates alternative methods and policies using evidence-based practice to treat substance addiction such as the ANGEL Program in Gloucester Massachusetts.

Analysis Of Traffic Stops Involving Drug Seizures, Robert Messbarger

Undergraduate Research Journal

This paper is a content analysis of traffic stop drug seizures throughout the Midwest from January 1, 2015 to September 30, 2016. Information is gathered from news articles regarding interstate or major highway drug seizures. The results examine various characteristics of the traffic stop and the suspect involved. The average traffic stop drug seizure happens on Thursday afternoon. The suspect is usually male, aged 20-29, and in most cases is charged with intent to distribute. The suspect is typically in a newer SUV and is in possession of marijuana. It is likely the suspect is a resident of the state …

Vocational And Life Skills Monthly Data Update: January 2017, Uno Nebraska Center For Justice Research, Johanna Peterson

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to correct any data errors on an ongoing basis during monthly update calls and site visits.

Data presented below is from the monthly data pulls. Because this data comes for an active database with live data being entered and updated daily, data, including previously submitted information, may fluctuate depending on changes made …

Status Offenders And The Juvenile Justice System, Sara E. Moore, Emily Wright, Ryan E. Spohn

Reports

Status offenses are noncriminal acts that are considered law violations because the offender is a minor; status offenders in the juvenile justice system are often first-time offenders and pose low-risk to society. Status offenders become involved in the justice system primarily by displaying problem behaviors that result in school personnel or law enforcement response, which may lead to a referral to the County Attorney. Once the juvenile has been referred, they may be diverted or further entrenched in the system. Net widening occurs when low-risk youth are brought under the purview of the court and juvenile system – this punishment …

Politics And The Application Of Law: Crime Construction And Police Power, Komysha Hassan

Honors Undergraduate Theses

The shooting death of Michael Brown in June of 2014 by police in Ferguson, Missouri triggered massive public protests across the United States, calling attention to a wave of similar incidents thereafter, where unarmed black men have been killed at the hands of officers in a wide range of locales. The recent coverage has revealed the extent and dispersion of aggressive and, in many cases, fatal interactions between law enforcement and the public, particularly minorities. Actions by the Department of Justice and other state and local agencies have consistently focused on individual agencies and/or agents, as the cause of the …

Probation Officer Productivity: Using The Effort-Reward Imbalance Model, Brandon Presley

Electronic Theses and Dissertations

The purpose of this study is to determine the extent to which workplace efforts and rewards are associated with probation officer stress, overcommitment, health, and productivity. This research uses the effort-reward imbalance model, which is an indicator of job stress, on a group of criminal justice probation officers. The probation officers completed questionnaires regarding their perceptions of health, perceived reward, perceived effort, perceptions of overcommitment, and perceived productivity. Afterward, the responses were collected, and analyses were conducted using correlation and multiple regression to determine the extent to which perceptions of effort, reward, and overcommitment effect probation officer productivity and health. …

Race And Death Sentencing For Oklahoma Homicides Committed Between 1990 And 2012, Glenn L. Pierce, Michael L. Radelet, Susan Sharp

Journal of Criminal Law and Criminology

This Article examines 4,668 Oklahoma homicide cases with an identified suspect that occurred during a twenty-three year period between January 1, 1990, and December 31, 2012. Among these, we identified 153 cases that ended with a death sentence. Overall we found that while the defendant’s race did not correlate with a death sentence, there was a strong correlation with the race of the victim, with cases with white victims significantly more likely to end with a death sentence than cases with non-white victims. Homicides with female victims were also more likely to result in a death sentence than other cases. …

Predictive Analytics' Punishment Mismatch, Jessica M. Eaglin

Articles by Maurer Faculty

No abstract provided.

Intelligence Dissemination Among Local, State, And Federal Law Enforcement: The Necessity, Gaps, And Recommendations, Emily Holcomb

Honors Theses

The purpose of this study is to examine how intelligence is gathered in the Southern State Region, identify perceived gaps in the current policies used with this communication and offer potential solutions to intelligence communication flaws. An interview-based research of Southern State Region officers and agents and the support of peer-reviewed academic articles shaped the research in this paper. The results of this research indicated that (a) personal connections between law enforcement agents and federal agents are the backbone of the current process utilized in information sharing, (b) there are gaps when personnel leave their position in office because of …

A Refuge For Refugees: The Historical Context And Socioeconomic Impact Of Palestinian Refugees In Jordan, Amelia Marie Dal Pra

Global Tides

Today more than 41 percent of the Jordanian population is comprised of Palestinian refugees. Some argue that Jordan has become the new Palestinian state in place of their former land pre-1948. This paper presents the complications of this claim by focusing on the Jordanian government’s constitutional provisions on refugee citizenship, Palestinian support programs and the role the Palestinian identity has played in the integration, or lack thereof, of Palestinian refugees into the social, political, and economic spheres of Jordanian society.

Adult Justice In Nebraska 2017, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn, Emily Wright, Joselyne Chenane, Sara Toto

Reports

From the Director: The Nebraska Center for Justice Research was established in 2014 with a mission to develop and sustain research capacity internal to the State of Nebraska, assist the Legislature in research, evaluation, and policymaking to reduce recidivism, promote the use of evidence-based practices in corrections, and improve public safety. The primary purpose of this report is to provide an overview of recent trends in Nebraska’s adult criminal justice system. Most of the data in this report is presented statewide as well as separated into Nebraska’s twelve judicial districts. Nebraska’s two most metropolitan counties are represented by District 4 …

Annual Report 2017, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

The Nebraska Center for Justice Research (NCJR) was established in 2014 with a mission to develop and sustain criminal justice research capacity internal to the State of Nebraska. Our goal is to assist the Legislature, justice agencies, practitioners, foundations, and stakeholders with research and evaluation to reduce recidivism, promote the use of evidence-based practices, and improve public safety. This annual report summarizes the activities and financial status of NCJR in its third year. In the 2016-2017 fiscal year, NCJR once again crafted our Adult Justice in Nebraska report to provide a foundation of data trends in areas such as law …

Evaluation Of The Crossover Youth Practice Model (Youth Impact!): Executive Summary 2017, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Emily Wright, Ryan E. Spohn, Joselyne Chenane

Reports

This project evaluated the Crossover Youth Practice Model (CYPM) – now Youth Impact! (YI!) – in Douglas County, Nebraska. The goals of the project were: a) to conduct an outcome evaluation of the initiative (does YI! decrease recidivism and increase prosocial outcomes among youth?), b) to conduct a process evaluation of the initiative (how does YI! achieve these goals?), c) conduct a cost-benefit analysis of the initiative, and d) explore a broader systems analysis of the impact of YI! on juvenile justice in Douglas County. The findings from the evaluation are presented below, and recommendations are provided as well.

The Transformation Project: Program Update 2015-2016, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Starr Solomon, Ryan E. Spohn, Marcia Van Dyke, Laura Schoenrock

Reports

In 2014 Nebraska took a giant step toward fixing pervasive issues plaguing agencies throughout the justice system culminating in a prison system that was bursting at the seams. The state enlisted the services of the Council of State Governments (CSG), a national organization dedicated to helping state governments problem-solve and develop policies for the common good. Over the next several years, the CSG worked to help Nebraska usher in policies that would begin to shape justice reinvestment in the state. Along with the CSG’s initial assessment procedures, the Nebraska Department of Correctional Services (NDCS) asked the group to do an …

Marijuana Enforcement In Nebraska (2013-2015), Nebraska Center For Justice Research, University Of Nebraska At Omaha

Reports

In our 2016 report, Marijuana Enforcement in Nebraska (2009-2014), the Nebraska Center for Justice Research (NCJR) examined whether marijuana-related arrests and jail admissions in Nebraska had increased significantly in the first year of recreational legalization in Colorado, by comparing counts and rates of marijuana-related criminal justice activity in 2014 as compared to 2009-2013. In that report, we found that Nebraska’s marijuana arrest rate had increased by about 11% from 2013 to 2014 and that counties along the Colorado border, in the panhandle, and along Interstate 80 had the highest rates of arrest in 2014. We also found that increases in …

Restricted Housing Among Juvenile Populations, Clara Braun, Emily Wright, Ryan E. Spohn

Reports

Restricted housing among juvenile populations – the social and physical isolation of certain youth from other juveniles, recreational time, and educational materials – is a punitive method employed by juvenile correctional facilities that restricts youths’ physical movement for a prolonged period of time. Nebraska houses the third highest per capita number of juveniles residing in detention, correctional, or residential facilities in the United States, and many facilities across the state report using restricted housing for much longer period than surrounding states. Due to their age and associated developmental needs (e.g., brain development, social interactions, etc.), juveniles are at higher risk …

A Case For Empathy: Immigration In Spanish Contemporary Media, Music, Film, And Novels, Constantin C. Icleanu

Theses and Dissertations--Hispanic Studies

This dissertation analyzes the representations of immigrants from North Africa, Latin America, and Eastern Europe in Spain. As engaged scholarship, it seeks to better the portrayal of immigrants in the mass media through the study of literature, film, and music about immigration spanning from the year 2000 to 2016. Because misconceptions continue to propagate in the media, this dissertation works to counteract anti-immigrant, xenophobic representations as well as balance out overly positive and orientalized portrayal of immigrants with a call to recognize immigrants as human beings who deserve the same respect, dignity, and rights as any other citizen.

Chapter 1 …

Police Officers' Perceptions Of Social Media's Involvement On Delinquent Behavior By Juveniles, Rachel K. Wisnefski

Walden Dissertations and Doctoral Studies

The rapid growth of social media platforms coupled with the technological savviness of juveniles has led to their delinquent behavior involving social media. Researchers should investigate this phenomenon in order to establish its extent and to minimize the harmful effects this behavior may have. The purpose of this qualitative study was to investigate and explore potential connections between social media and delinquent acts committed by juvenile offenders through the use of police officers' perceptions of those types of acts. The primary research question focused on determining what the perceptions and experiences of police officers in a southeastern state were relative …

Protecting Future Rights For Future Citizens: Children’S Property Rights In Fragile Environments, Sandra F. Joireman

Political Science Faculty Publications

The property rights of children is an understudied area that straddles the development/humanitarian divide. Access to assets is important to the livelihood choices and economic well-being of adults. Yet, adults’ ability to claim property can be significantly impaired by humanitarian emergencies that occurred in their youth. We typically do not think of children as economic actors because of their age; their property rights are future rights not yet realized. This paper addresses the future rights to property held by children and examines how fragile environments, characterized by conflict, displacement and disease, can undermine their ability to claim those rights when …

Recidivism: An Analysis Of Race, Locus Of Control, And Resilience, Danisha Latrell Thomas

Walden Dissertations and Doctoral Studies

Recidivism is a growing problem in the United States that has contributed to prison overcrowding. In the United States, this is especially true for minorities, who have the highest incarceration, conviction, and recidivism rates. The purpose of this mixed methods study was to explore the relationship between race, recidivism, locus of control, and resilience. For the quantitative component, the Connor-Davidson Resilience scale (CD-RISC) and the multidimensional locus of control scales were used to measure resiliency and locus of control differences among racial groups (N = 126) on parole at a Fort Worth, Texas parole office. For the qualitative component, in-depth …

Constructing Recidivism Risk, Jessica M. Eaglin

Articles by Maurer Faculty

Courts increasingly use actuarial meaning statistically derived information about a defendant's likelihood of engaging in criminal behavior in the future at sentencing. This Article examines how developers construct the tools that predict recidivism risk. It exposes the numerous choices that developers make during tool construction with serious consequences to sentencing law and policy. These design decisions require normative judgments concerning accuracy, equality, and the purpose of punishment. Whether and how to address these concerns reflects societal values about the administration of criminal justice more broadly. Currently, developers make these choices in the absence of law, even as they face distinct …

Occupational Profiles Of At-Risk Youth: A Multi-Case Study, Abigail Catalano

Electronic Theses and Dissertations

Occupational therapy’s work with at-risk and adjudicated youth is a practice area currently possessing a limited base of evidence. One significant need in this body of literature is for examination of evidence-based evaluation practices. This project describes implementation and results of an evaluation protocol, Primary Occupations for Work and Employment Readiness (POWER), designed to elicit comprehensive occupational profiles from participants. POWER consists of five assessment tools, supplemented by clinical observations and program data. The assessments included are the Occupational Self-Assessment (OSA), Model of Human Occupation Screening Tool (MOHOST), Double OT (DOT), Kawa River Model, and Role Checklist Version 3 (RCV3). …

Motivations To Return To A Gang After Severe Physical Victimization, Nora Vlaszof

Walden Dissertations and Doctoral Studies

Abstract

Gang violence is a social concern because of the risks of victimization among gang members and their communities. Many gang members have been victims of gang violence, and some choose to remain involved with their gang even after being victimized. Researchers have explored why people join gangs, but less is known regarding the gang-victimization link, which is the focus of this study. Social bond theory guided the study's research question on the motivation of gang members to rejoin their gang after severe physical victimization. A multiple case study design was employed with a purposeful sample of six English-speaking men, …

A Critical Race Theory Intervention Into The Cultural Defense Debate, Phoebe Shen

Scripps Senior Theses

The cultural defense is an informal term that describes the use of cultural information to mitigate criminal responsibility, often used in conjunction with traditional defense strategies such as provocation or insanity. Arguments for the cultural defense include respecting cultural practices under the liberal narrative that frames the United States as a multicultural and pluralistic society. Advocates of the cultural defense recognize the harmful effects of the false universalism of the law. However, the cultural defense has been criticized as essentialist and harmful as it has been used in high profile cases to justify violence against women of color. The cultural …

People Want To Know Who We Are: Contestations Over National Identity Through Film, Monika Lee

Scripps Senior Theses

A critical analysis of the film Remember the Titans, released in 2000, shows a preoccupation with nation and national identity through race and football. Set in 1971, it follows the desegregation and integration of a high school football team in Virginia. The film articulates a revisionist racial reconciliation reading of the Civil War based on white suffering and subsequent redemption. At its core it is a story about the progress of race relations and racism, framed as interpersonal relationships and segregation, in the United States.