Legal Studies Commons^™

The Theory And Practice Of Contestatory Federalism, James A. Gardner

William & Mary Law Review

Madisonian theory holds that a federal division of power is necessary to the protection of liberty, but that federalism is a naturally unstable form of government organization that is in constant danger of collapsing into either unitarism or fragmentation. Despite its inherent instability, this condition may be permanently maintained, according to Madison, through a constitutional design that keeps the system in equipoise by institutionalizing a form of perpetual contestation between national and subnational governments. The theory, however, does not specify how that contestation actually occurs, and by what means.

This paper investigates Madison’s hypothesis by documenting the methods actually deployed …

The Critical Need For Mental Health Education To Be Mandated In New Mexico's Public Schools, Bonnie L. Murphy

Shared Knowledge Conference

Based on a review of research and best practices in mental health awareness and skills, this inquiry project argues for state legislative policies that would require mental health awareness and skills in the K-12 curriculum. Mental health affects individual accomplishments in every stage of people’s lives beginning in early childhood and throughout the life cycle. Prevention and treatment of mental illness plays a key role in the ability of an individual to cope with loss and develop resiliency and perseverance in challenging times and to make better decisions that improve the individual’s life and the lives of those around them. …

Ua12/2/1 College Heights Herald, Vol. 94, No. 11, Wku Student Affairs

WKU Administration Documents

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. This issue contains articles:

• DeLetter. Emily. Lawyer: Ruling Supports Right to Access Records in Suit Against College Heights Herald
• Ziege, Nicole. Fit for a Facelift – Preston Health & Fitness Center
• DeLetter, Emily. WKU Lacks Disabilities Plan in Active-shooter Scenario
• Breu, Natasha. Food Service Class Provides Meals to Faculty & Staff
• Nutter, Abbigail. Former Journalism & Broadcasting Director Selected as Contest Judge – Loup Langton
• Allen, Ellie. Editorial Cartoon re; Donald Trump
• Hovell, Nolan. How Much Do Words Matter in Politics?
• Election Analysis: Impact of Attack Advertisements
• Oh Rocky …

The Costs Of Trademarking Dolls, Jessica Silbey

Faculty Scholarship

Professor Curtin’s article, Zombie Cinderella and the Undead Public Domain, takes a recent case from the Trademark Trial and Appeal Board (TTAB) as the basis for an argument that trademark doctrine needs stronger protection against the exclusive commercial appropriation of characters that are in the public domain. In that case, a doll manufacturer sought to register the term “Zombie Cinderella” for a doll that was zombie-ish and princess-like. The examiner refused registration because the term “Zombie Cinderella” for this kind of doll was confusingly similar to the mark for Walt Disney’s Cinderella doll. Although the TTAB overturned the examiner’s …

Vocational And Life Skills Monthly Data Update: November 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

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 manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …

Use Of Drug Dependency To Entrap And Control Victims Of Sex Trafficking: A Call For A U.S. Federal Human Rights Response, Jacquelyn C.A. Meshelmiah, Carra Gilson, Athapattu Pathirannelage A. Prasanga

Dignity: A Journal of Analysis of Exploitation and Violence

Survivors of sex trafficking who were forced into drug use as victims are in need of social services to treat their drug dependency and other mental disorders. Access to social services is a human rights issue that must be acted upon by state and federal officials. The law, however, requires approval of the T-Visa for receipt of benefits. Along with the T-visa application process, the applicant (human trafficking survivor) must be willing to assist in every reasonable way in the investigation and prosecution of the trafficker. The authors argue that drug dependency treatment and other social service benefits should be …

Political Action As A Function Of Grievances, Risk, And Social Identity: An Experimental Approach, Erin M. Kearns, Victor Asal, James Igoe Walsh, Christopher Federico, Anthony F. Lemieux

Criminology and Criminal Justice Faculty Publications

Why would individuals engage in or support contentious politics? This question is challenging to answer with observational data where causal factors are correlated and difficult to measure. Using a survey-embedded experiment, we focus on three situational factors: grievances, risk, and identity. We also explore how individual differences in sociopolitical orientations—social dominance orientation (SDO) and right-wing authoritarianism (RWA)—impact action. Grievances influence engagement in and support for protests. Risk influences engagement in protest, but not support for it. Regardless of condition, SDO and RWA help explain why some people engage in protest while others do not, particularly within the same context.

Wilfrid J. Waluchow: El Positivismo Incluyente Y El Constitucionalismo Del “Árbol Vivo” [Wilfrid J. Waluchow: Inclusive Legal Positivism And The Understanding Of Constitutionalism In The Living Three], Jorge Luis Fabra-Zamora

Journal Articles

Este artículo presenta los dos temas centrales de la filosofía del derecho de Wilfrid J. Waluchow –el positivismo incluyente y el constitucionalismo del “árbol vivo”– con una exposición crítica de sus principales tesis, los contextos en los que surgen y las principales objeciones y desaf íos a los que aún deben responder.

[This paper addresses the two main Wilfred J. Waluchow’s research interests on philosophy of law, namely Inclusive Legal Positivism and the Constitutionalism presented in The Living Tree. The author provides us with a critical exposition of Waluchow’s main theses and a proper background where Waluchow’s philosophy is set, …

Sez Who? Critical Legal History Without A Privileged Position, John Henry Schlegel

Contributions to Books

Published as Chapter 30 in Oxford Handbook of Historical Legal Research, Markus D. Dubber & Christopher Tomlins, eds.

Scholars active in the Critical Legal Studies movement of the 1980s regularly attacked the scholarship of liberal legalist scholars by using a variety of then contemporary epistemological theories that argued for the impossibility of any observer attaining a neutral position from which to observe social activities. Somewhat surprisingly, liberal legalist scholars seldom turned this criticism back at the work of CLS scholars who themselves never criticized their own work as they did that of other scholars. The examination of several pieces of …

‘Affluent’ Justice: The Role Of Ses In Sentencing Severity, Sonia Pappachan

Student Theses

Imprisonment is the harshest punishment the law can give a defendant; it has considerable consequences on the incarcerated, during and after. Therefore, the sentencing phase of the criminal proceedings should be fair and balanced. However, the literature and researches that have explored the biases in sentencing found that there is a disparity in sentencing due to the characteristics of both the victim and the defendant. The current study used a sample of 209 online survey participants to explore the effect of the socioeconomic status of the victim and defendant on sentencing length. Participants reviewed a vignette of a criminal offense …

Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb

Articles

Lost & Found is a game series, created at the Initiative for

Religion, Culture, and Policy at the Rochester Institute of

Technology MAGIC Center.1 The series teaches medieval

religious legal systems. This article uses the first two games

of the series as a case study to explore a particular set of

processes to conceive, design, and develop games for learning.

It includes the background leading to the author's work

in games and teaching religion, and the specific context for

the Lost & Found series. It discusses the rationale behind

working to teach religious legal systems more broadly, then

discuss the …

Legislative Committee Systems: A Design Perspective, Chase Stoddard

Indiana Journal of Constitutional Design

Committees are the defining characteristic of the modern legislature. While the centrality and study of party politics goes back further than committee politics, the focus on committee systems emerged over the course of the twentieth century, and legislatures could not function as we understand them without this mechanism. The United States Congressional committee system is the most studied system, yet virtually every country utilizes a committee system of some sort within its legislature. Despite their ubiquity in and centrality to the operations of legislatures, committees remain insufficiently studied, especially outside of the United States. The existing body of work tends …

Social Justice Guest Speaker Series: Does More Immigration Mean More Crime In The United States?, Ramiro Martinez Ph.D.

Social Justice & Activism

Professor Martinez is a quantitative criminologist. Within that broad arena, his work contributes to violent crime research. His core research agenda asks how does violence vary across ecological settings, and, does violent crime and violent deaths vary across racial/ethnic and immigrant groups? In 2011, he was a recipient of American Society of Criminology DPCC’s Lifetime Achievement for outstanding scholarship in the area of race, crime, and justice. In 2007 he was a recipient of American Society of Criminology DPCC’s Coramae Richey Mann Award for outstanding scholarship in the area of race, crime, and justice. In 2006 he was a recipient …

A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou

Claremont-UC Undergraduate Research Conference on the European Union

In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for …

A Bit Like Cash: Understanding Cash-For-Bitcoin Transactions Through Individual Vendors, Stephanie J. Robberson, Mark R. Mccoy

Journal of Digital Forensics, Security and Law

As technology improves and economies become more globalized, the concept of currency has evolved. Bitcoin, a cryptographic digital currency, has been embraced as a secure and convenient type of money. Due to its security and privacy for the user, Bitcoin is a good tool for conducting criminal trades. The Financial Crimes Enforcement Network (FinCEN) has regulations in place to make identification information of Bitcoin purchasers accessible to law enforcement, but enforcing these rules with cash-for-Bitcoin traders is difficult. This study surveyed cash-for-Bitcoin vendors in Oklahoma, Texas, Arkansas, Missouri, Kansas, Colorado, and New Mexico to determine personal demographic information, knowledge of …

Ua12/2/2 Talisman: Movement, Wku Student Affairs

WKU Administration Documents

2018 Talisman yearbook.

• Good, Hannah. Movement
• Kinser, Nicholas. Tunnel Trap
• Cozer, Claire. A Day in the Life of a Food Truck – Mike Wilson, Pop’s Street Eats
• Fletcher, Griffin. Beauty in Power – WKU Women’s Rugby Club
• Gordon, Zora. The Mixed Experience
• Hornsby, Morgan. Bonfire
• Waters, Adrianna. Mispoken – Communication Disorders
• Chu, Phi. Home Base – Jessica Barks
• Cooksey, Catrina. Rerouted – Sydney Clark, Austin Clark, Blake Perkins, Sheila Flener, Handicapped Persons
• Good, Hannah. Not Safe for Work – Prostitution
• Chu, Phi. Transfigured Night
• Carter, De’inara. Passing the Plate – International Students, Recipes
• Robb, Hayley. From Sole to Soul – …

Broadly Speaking - Fall 2018, Nova Southeastern University

Broadly Speaking

No abstract provided.

Investigating Predictors Of True And False Guilty Pleas, Kelsey S. Henderson, Lora M. Levett

Criminology and Criminal Justice Faculty Publications and Presentations

An estimated 90% to 95% of convictions are obtained via guilty pleas, and roughly 11% of individuals exonerated with the help of the Innocence Project falsely pleaded guilty (innocenceproject.org). Despite the prevalence of guilty pleas (and the existence of false guilty pleas), relatively little scholarship has examined what influences a defendant to plead guilty (Redlich, 2010). In this study, we investigated factors that affected whether guilty and innocent students who were accused of cheating pleaded guilty or took their case before the Student Conduct Committee in a hearing (analogous to a trial). Using social psychological literature on social influence (Cialdini …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 51, Number 2, Fall 2018

Nebraska Transcript

1 Dean's Message

2 Faculty Notes

6 Professor Jessica Shoemaker awarded Fulbright

7 Bill Fisher joins faculty as visiting professor

7 Anna Shavers named associate dean for diversity and inclusion

8 Colleen Medill receives University Faculty Excellence Award

10 Gatlauk Ramdiet -- From Sudan to the United Nations via Nebraska Law

12 University of Chicago’s Martha Nussbaum, Saul Levmore deliver Pound Lecture

14 Nebraska Law wins 17th regional Client Counseling Competition

15 Treasures Lost, Treasures Found: indexing the first 20 volumes of Nebraska Transcript, by Sandra B. Placzek,

19 Jeffrey Funke Delivers Spring Commencement Address

22 College alumni boards transition …

Introduction To Criminal Justice (Ksu), Daniel Farr, Angela Nava

Criminal Justice and Law Grants Collections

This Grants Collection for Introduction to Criminal Justice was created under a Round Ten ALG Textbook Transformation Grant.

Affordable Learning Georgia Grants Collections are intended to provide faculty with the frameworks to quickly implement or revise the same materials as a Textbook Transformation Grants team, along with the aims and lessons learned from project teams during the implementation process.

Documents are in .pdf format, with a separate .docx (Word) version available for download. Each collection contains the following materials:

• Linked Syllabus
• Initial Proposal
• Final Report

Badges And Bongs: Police Officers’ Attitudes Toward Drugs, Cody Jorgensen

Criminal Justice Faculty Publications and Presentations

For unknown reasons, the research investigating police officers’ attitudes toward drug use is underdeveloped. One study, by Wilson, Cullen, Latessa, and Wills, has directly investigated police officers’ perceptions toward general vice crimes (including drug use) and perceived appropriate sanctions for committing these offenses. This article built upon that study. A survey measuring officers’ attitudes toward drugs was developed and used to gather data from a large metropolitan police department in the South. Responding officers displayed fairly serious and punitive attitudes toward drug offenses. In addition, they reported an interventionist attitude, believing that more can and should be done to control …

Runaway Jury: An Analysis Of State Laws Concerning Juror Impeachment, Brenda I. Rowe, Wesley S. Mccann

Criminology and Criminal Justice Faculty Publications (Archived)

The no impeachment rule bars the admission into evidence of juror testimony regarding jury deliberations in proceedings questioning the validity of a verdict. In Pena-Rodriguez v. Colorado (2017), the U.S. Supreme Court created a constitutional exception to the no impeachment rule to allow impeachment of a verdict by a juror’s testimony regarding a fellow juror’s clear statement during jury deliberations indicating reliance on racial bias as a substantial motivating factor for that juror’s vote. This study traces the history of the no impeachment rule, analyzes the Court’s decision in Pena-Rodriguez v. Colorado (2017), examines variation in exceptions provided by states’ …

Vocational And Life Skills Monthly Data Update: October 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

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 manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …

Originalist Theory And Precedent: A Public Meaning Approach, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Much ink has already been spilled on the relationship of constitutional originalism to precedent (or, more specifically, the doctrine of stare decisis). The debate includes contributions from Randy Barnett, Steven Calabresi, Kurt Lash, Gary Lawson, John McGinnis with Michael Rappaport, Michael Paulsen, and Lee Strang, not to mention Justice Antonin Scalia—all representing originalism in some form. Living constitutionalism has also been represented both implicitly and explicitly, with important contributions from Phillip Bobbitt, Ronald Dworkin, Michael Gerhardt, Randy Kozel, and David Strauss. Some writers are more difficult to classify; Akhil Amar comes to mind. And there are many other contributions to …

Never Again! Surviving Liberalized Prostitution In Germany, Sandra Norak, Ingeborg Kraus

Dignity: A Journal of Analysis of Exploitation and Violence

This article, co-authored by a six-year survivor of the sex trade industry in Germany (Sandra Norak) and a psychologist and trauma therapist (Ingeborg Kraus), provides perspectives on the difficulty of withstanding the coercion of traffickers and the difficulties of exiting prostitution in a country in which prostitution has been legalized, normalized and made “a job like any other.” This normalization persuades survivors to believe their traffickers that it is a legitimate occupation and encourages them to endure the violence. Liberalization also has prevented the development of needed trauma services to those seeking to exit the sex trade industry.

The Logic Behind Suicide Terrorism And Its Connection To Islam, Sarah Minnick

Senior Honors Theses

The purpose of this thesis is to analyze suicide terrorism and to examine the logic behind it. The thesis will examine recent Islamic suicide terrorism and why it is so successful. This paper will also attempt to define suicide terrorism and explain how it functions.

The first half of this thesis reviews a short history of suicide terrorism to show the logic behind it. It will begin with the Old Testament and continue throughout history until the September 11, 2001 attacks on the World Trade Center in New York City. This thesis will discuss the motivation for terrorist organizations to …

Implementation And Evaluation Of A Physical Activity And Dietary Program In Federal Incarcerated Females, Rosemary A. Johnson, Kerry A. Milner, Christine Heng, Anna E. Greer, Susan M. Denisco

Nursing Faculty Publications

The purpose of this 3-month quasi-experimental pilot study was to examine the effect of a physical activity and dietary education program on body mass index (BMI) and resilience. Participants were given data-storing pedometers to record their physical activity, attended classes on healthy eating, and used portion control tools from http://ChooseMyPlate.gov . MyPlate usage and commissary purchases were collected weekly. BMI and resilience scores were measured at baseline, 6 weeks, and 12 weeks. Twenty-nine female prisoners completed the study. There was a statistically significant reduction in BMI after 12 weeks (χ2 = 7.56, p = .023) and resilience levels increased but …

Una Perspectiva Socio-Legal De La Ley 348: La Ley Para Garantizar A Las Mujeres Una Vida Libre De La Violencia / A Socio-Legal Perspective Of Law 348: The Law To Guarantee Women A Life Free Of Violence, Maya Anthony

Independent Study Project (ISP) Collection

Bolivia es un país con leyes muy progresistas para enfrentar la lucha contra la violencia contra las mujeres, pero en al mismo tiempo Bolivia tiene los más altos niveles de la violencia doméstica en Latinoamérica. Esta investigación va a enfocarse en la ley 348 “para garantizar a las mujeres una vida libre de la violencia”. En este ensayo voy a explorar cómo la ley 348 que fue redactada para proteger a las mujeres del sistema patriarcal, que es un sistema enraizado en el abuso, imposición a la sumisión, e intimidación a la mujer y, “una estructura institucional que impone prácticas …

Women’S Divorce Rights In Jordan: Legal Rights And Cultural Challenges, Helen David

Independent Study Project (ISP) Collection

This research aims to examine women’s divorce rights in Jordan examining the topic both through their legal rights as well as through the cultural challenges and stigma that divorced women face. The research is focused specifically on the rights of Muslim women, who have to file for divorce through the Shari’a court system, in Jordan that are Jordanian nationals. The literature used in the research provides background insight into Jordan’s tribal system, family law in Jordan, and psychological theories that relate to group therapy and self-efficacy in divorced women. The researcher hypothesizes that despite the many socio-economic and legal reasons …

Introduction, Shari S. Diamond, Richard O. Lempert

Articles

Experts bedeviled the legal system long before seventeenth-century Salem, when the town's good citizens relied on youthful accusers and witchcraft experts to identify the devil's servants in their midst. As in Salem, claims of expertise have often been questioned and objections raised about the bases of expert knowledge. Expertise, then and now, did not have to be based on science; but the importance of science and the testimony of scientific experts has since medieval times been woven into the fabric of the English jurisprudence that Americans inherited. In cases as long ago as 1299 we find examples of courts seeking …