Legal Studies Commons^™

M'Culloch In Context, Mark R. Killenbeck

Arkansas Law Review

M’Culloch v. Maryland is rightly regarded as a landmark opinion, one that affirmed the ability of Congress to exercise implied powers, articulated a rule of deference to Congressional judgments about whether given legislative actions were in fact “necessary,” and limited the ability of the states to impair or restrict the operations of the federal government. Most scholarly discussions of the case and its legacy emphasize these aspects of the decision. Less common are attempts to place M’Culloch within the ebb and flow of the Marshall Court and the political and social realities of the time. So, for example, very few …

Mcculloch At 200, David S. Schwartz

Arkansas Law Review

March 6, 2019 marked the 200th anniversary of the Supreme Court’s issuance of its decision in McCulloch v. Maryland, upholding the constitutionality of the Second Bank of the United States, the successor to Alexander Hamilton’s national bank. McCulloch v. Maryland involved a constitutional challenge by the Second Bank of the United States to a Maryland tax on the banknotes issued by the Bank’s Baltimore branch. The tax was probably designed to raise the Second Bank’s cost of issuing loans and thereby disadvantage it relative to Maryland’s own state-chartered banks. Marshall’s opinion famously rejected the Jeffersonian strict-constructionist argument that implied powers …

A Multi-Dimensional Macrolevel Study Of Drug Enforcement Strategies, Heroin Prices, And Heroin Consumption Rates, Alexander G. Toth

USF Tampa Graduate Theses and Dissertations

American policy makers primarily embrace a deterrent-based policing agenda to curb illicit drug trafficking and use that relies on the principles of the economic price elasticity of demand (Boynum & Reuter, 2005). This counter-drug platform includes three fundamental programs: arresting offenders, seizing illicit drugs, and eradicating horticultural sources of illicit drugs (U.S. DEA, 2015). One of the main goals of these programs is to deter illegal trafficking and use by increasing the price of illicit substances so they are no longer attractive to consumers. The United States has weathered various drug use epidemics during its history, and currently it is …

Racial Disparities In The United States Criminal Justice System: “With Liberty And Justice For All?”, Remi Alapo, David Rockefeller

Publications and Research

Racial discrimination remains a prevalent issue in the contemporary U.S. despite efforts to promote equality. Many young African American and Hispanic males are easy target for law enforcement agents. Minorities experience a higher and more unfair form of racial discrimination, racial profiling, police brutality, unfair sentencing, and mass incarceration for offences which are the same or less than those committed by White males. The rate of incarceration in the United States is five to eight times higher than most developed countries, and Black males constitute the largest percentage of inmates in the U.S. prison system. Once arrested, Black Americans are …

Correcting Forensic Dna Errors, Greg Hampikian

Biology Faculty Publications and Presentations

DNA mixture interpretation can produce opposing conclusions by qualified forensic analysts, even within the same laboratory. The long-delayed publication of the National Institutes of Standards and Technology (NIST) study of 109 North American crime laboratories in this journal demonstrates this most clearly. This latest study supports earlier work that shows common methods such as the Combined Probability of Inclusion (CPI) have wrongly included innocent people as contributors to DNA mixtures.The 2016 President’s Council of Advisors on Science and Technology report concluded,“In summary, the interpretation of complex DNA mixtures with the CPI statistic has been an inadequately specified—and thus inappropriately subjective—method. …

Uni S A C Updates: Sociology, Anthropology, Criminology Newsletter, Summer 2019, University Of Northern Iowa. Department Of Sociology, Anthropology, And Criminology.

Sociology, Anthropology, and Criminology Newsletter

Inside This Issue:
-- Fall 2018 Alumni in Residence - Katelyn M. Bries
-- 2019 UNI Outstanding Student Leader
-- UNI Purple and Gold Awards
-- UNI Honors Students
-- 2018-19 Student Admissions Ambassadors
-- 2018-19 Ethnic Student Promoters
-- Social and Behavioral Representatives (SABRs)
-- INSPIRE Student Research & Engagement Conference: Poster Presentations
-- Iowa Sociological Association Annual Meeting: Poster Presentation
-- Midwest Sociological Society Annual Meeting
-- CSBS Donald and Gudrun Fruehling Summer Undergraduate Research Fellowship
-- SAC Internships
-- Sociology
-- Criminology
-- Anthropology
-- Faculty Retirements
-- Sociology Endowed Scholarship Fundraising Progress

Vocational And Life Skills Monthly Data Update: July 2019, 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, from which data is being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common …

Nsu Abraham S. Fischler College Of Education And School Of Criminal Justice (Fce&Scj) Graduate Catalog And Student Handbook 2019–2020, Nova Southeastern University

Abraham S. Fischler College of Education and School of Criminal Justice College Archive

No abstract provided.

Feminist Statutory Interpretation, Kim Brooks

Articles, Book Chapters, & Popular Press

Leading Canadian scholar Ruth Sullivan describes the act of statutory interpretation as a mix of art and archaeology. The collection, Feminist Judgments: Rewritten Tax Opinions, affirms her assessment. If the act of statutory interpretation requires us to deploy our interdisciplinary talents, at least somewhat unmoored from the constraints of formal expressions of legal doctrine, why haven’t feminists been more inclined to write about statutory interpretation? Put another way, some scholars acknowledge that judges “are subtly influenced by preconceptions, endemic privilegings and power hierarchies, and prevailing social norms and ‘conventional’ wisdom.” Those influences become the background for how judges read legislation. …

Dissociation Between The Growing Opioid Demands And Drug Policy Directions Among The U.S. Older Adults With Degenerative Joint Diseases, Pearl Kim Phd, Takashi Yamashita Phd, Mph, Ma, Jay J. Shen Phd, Seong-Min Park Phd, Sung-Youn Chun Phd, Sun Jung Kim Phd, Mhsa, Jinwook Hwang Md, Phd, Se Won Lee Md, Georgia Dounis Dds, Ms, Hee-Taik Kang Md, Phd, Yong-Jae Lee Md, Phd, Dong-Hun Han Dds, Phd, Ji Eun Kim Phd, Hyeyoung Yeom Md, David Byun Do, Tsigab Bahta Md, Ji Won Yoo Md

School of Public Health Faculty Research

We aim to examine temporal trends of orthopedic operations and opioid-related hospital stays among seniors in the nation and states of Oregon and Washington where marijuana legalization was accepted earlier than any others. As aging society advances in the United States (U.S.), orthopedic operations and opioid-related hospital stays among seniors increase in the nation. A serial cross-sectional cohort study using the healthcare cost and utilization project fast stats from 2006 through 2015 measured annual rate per 100,000 populations of orthopedic operations by age groups (45–64 vs 65 and older) as well as annual rate per 100,000 populations of opioid-related hospital …

Trends In The Prevalence Of Arrest For Intimate Partner Violence Using The National Crime Victimization Survey, Tara E. Martin

Theses and Dissertations

Average annual reporting and arrest victimization rates, or the probability that an intimate partner violence (IPV) victimization is reported or ends in arrest, are estimated to be 56% and 23%, respectively, according to the National Crime Victimization Survey (NCVS; Reaves, 2017). These estimates are based on the number of victimizations that occur annually, but certain repetitive reporting or arrest patterns for a household may mask an offender’s individual probability of being reported or arrested. To address this problem, the current study examines prevalence rates, which examine the number of unique victims who report an offender or experience an incident that …

Media Influence On College Students' Perceptions Of The Police, Matilda Foster

Theses and Dissertations

The first of Sir Robert Peel’s nine principles of law enforcement (1829) tells us that the police exist to prevent crime. However, the next six principles address the police’s need to develop a relationship with the public and maintain the publics’ approval, favor, respect, and voluntary cooperation. Although these principles were written in 1829, they still apply to police organizations today. This paper addresses the struggles policing organizations in the United States of America had over the years in maintaining these principles of law enforcement, the strategies the police have used to increase public approval, and factors associated with how …

The Water Tanker Mafia, Yousuf Sajjad

MSJ Capstone Projects

This is a thesis about the Water Tanker Mafia in Karachi. The citizens of Pakistan’s largest city, Karachi suffer from an acute lack of water for drinking and domestic use. To cover for this lack of water, there is a network of tankers, run illegally but also with a large degree of connivance with parts of the state in Karachi, that provides water to the citizens of this city. This paper seeks to explain this network, its history, organization and the infrastructure in Karachi that it supports or in many cases, supersedes. This paper places the Karachi water tanker mafia …

Is Pakistani State At War With Free Press?, Umer Bin Ajmal

MSJ Capstone Projects

Pakistan’s media scene today depicts a similar picture where many journalists say they have been “conditioned” to self-censor news. But unlike Pavlov using a sound as a stimulus, certain “powers that be” use threat and violence to intimidate journalists and force them to behave in a certain way. Psychologists around the world say there is a lesson in this experiment: it demonstrates that human behavior, too, can be manipulated or maneuvered through conditioning.

Cyberspace Is Becoming Unsafe For Women In Pakistan, Sara Tanveer

MSJ Capstone Projects

This study explores the challenges faced by students in Pakistan who become victim of cyber harassment. Due to the lack of awareness, people do not know about cyber-crime and do not know that it is the violation of human rights. The Human Rights Ministry has no sense of urgency to work on the issue. According to the Human Rights report 2018, since 2004, the Human Rights Commission of Pakistan has recorded more than 6,000 cases of sexual violence and 2,200 cases of domestic violence against the women. The violence is mostly connected with the online harassment in the form of …

Agony Of Delayed Justice, Ahmed Saeed

MSJ Capstone Projects

Martin Luther King Jr in his famous letter from a Birmingham jail wrote that justice too long delayed is justice denied. King said so to highlight that justice for African-Americans had been delayed for far too long. (King, 1963) According to ancient Latin maxim, ‘to delay justice is injustice’ but in the land of pure, delayed justice is a new normal. Courts in Pakistan have a backlog of 1.9 million pending cases to be adjudicated. Some of these cases have been pending for three or four decades.

The Role Of The Community Health Delivery System In The Health And Well-Being Of Justice-Involved Women: A Narrative Review, Sharla A. Smith, Glen P. Mays, Tracie C. Collins, Megha Ramaswamy

Health Management and Policy Faculty Publications

Background: Over seven million imprisoned and jailed women are released into the community each year and many are ill-equipped to meet the challenges of re-integration. Upon release into their community, women are faced with uncertain barriers and challenges using community services to improve their health and well-being and reuniting with families. Few studies have identified and described the barriers of the community health delivery system (CHDS)- a complex set of social, justice, and healthcare organizations that provide community services aimed to improve the health and well-being (i.e. safety, health, the success of integration, and life satisfaction) of justice-involved women. We …

Dating Application Facilitated Victimization: An Examination Of Lifestyle-Routine Activities, Self-Control, And Self-Efficacy, Vanessa Centelles

USF Tampa Graduate Theses and Dissertations

The current study examines how college students participate in the use of location-based real-time dating (LBRTD) applications and the correlates of in-person and cyber victimization. Using an exploratory lens, the present study draws on the classical criminological theories of lifestyle-routine activities (L-RAT), self-efficacy, and low self-control which have been applied to various forms of abuse. Although the use of LBRTD applications has become relatively common place, with approximately 15% of Americans reporting having used a mobile dating application or online dating site, little is known concerning the role these applications play, particularly among college students (Boillot-Fansher, 2017; Smith, 2016). Using …

The Transformation Project: Program Update & Recommendations For The Future - 2019, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Michael Campagna, Ryan E. Spohn

Reports

The current report outlines the history of the Transformation Project (TP), highlights prior evaluations, and presents a new evaluation. Recommendations for the future of TP conclude the report. TP is a pilot cognitive-behavioral program that targets criminogenic thinking patterns and attitudes in order to promote prosocial outcomes. TP seeks to assist inmates to identify and alter thinking patterns that lead to antisocial behavior. Its ultimate goal is to reduce institutional misconducts and community recidivism, and increase quality of life for inmates and correctional staff. There are 13 modules completed by each participant. The modules are then collected by staff, commented …

Changes In Student Definitions Of De-Escalation In Professional Peace Officer Education, Pat Nelson

Criminal Justice Department Publications

Since the release of the 21st century policing report in the United States, the techniques of de-escalation have received a lot of attention and focus in political systems, policy changes, and the media. This research surveyed professional peace officer education university students on their definition of de-escalation and the techniques associated with de-escalation before specific communications coursework was completed and then after the coursework was completed. This research has found that clearly defining de-escalation and emphasizing the broad range of techniques available enhances the students' understanding and application of proper de-escalation.

This presentation won the Best Paper award for the …

The Gendered Burdens Of Conviction And Collateral Consequences On Employment, Joni Hersch, Erin E. Meyers

Journal of Legislation

Ex-offenders are subject to a wide range of employment restrictions that limit the ability of individuals with a criminal background to earn a living. This Article argues that women involved in the criminal justice system likely suffer a greater income-related burden from criminal conviction than do men. This disproportionate burden arises in occupations that women typically pursue, both through formal pathways, such as restrictions on occupational licensing, and through informal pathways, such as employers’ unwillingness to hire those with a criminal record. In addition, women have access to far fewer vocational programs while incarcerated. Further exacerbating this burden is that …

Wreck On The Highway: The Intersectionality Of Driver Culpability, Thc, Other Intoxicants And Fatalities In Washington State, Youngki Woo, Dale W. Willits, Mary K. Stohr, Craig Hemmens, Staci Hoff

Criminal Justice Faculty Publications

Objective: Given the legalization of recreational cannabis in 2012 in Washington State and recent mixed results regarding the effects of cannabis on driver safety, we examine the link between Delta-9-Tetrahydrocannabinols (THC) and driver’s behavior, including speeding and driver errors which may have contributed to a particular fatal crash.

Methods: The current study utilized data from the Washington State Fatality Analysis Reporting System Analytical File (WA FARS) in years 2008-2016. A series of logistic regression were employed to compare THC positive and negative drivers, as well as drivers who tested positive for other intoxicants.

Results: The results of …

Assessment Of Public Sector Service Quality: Gauging Experiences And Perceptions Of Racial Profiling, Aaron C. Rollins Jr.

Journal of Public Management & Social Policy

The absence of a culturally competent public sector workforce has led to increased public scrutiny and heightened levels of distrust. In the field of public safety, this is particularly important due to the sensitive nature of the task performed and the historically strained relationships that exist between racial minorities and law enforcement. Using national survey data to gauge the prevalence of citizen’s experiences and perceptions of racial profiling, this research reveals significant discrepancies amongst minorities and their white counterparts. In response, this research encourages public officials and agencies to eliminate inconsistencies in their interactions with the citizenry as a whole. …

Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls, Jennifer Millett-Barrett

Dignity: A Journal of Analysis of Exploitation and Violence

Nigerian women and children have been trafficked to Italy over the last 30 years for commercial sexual exploitation with an alarming increase in the past three years. The Central Mediterranean Route that runs from West African countries to Italy is rife with organized crime gangs that have created a highly successful trafficking operation. As part of the recruitment process, the Nigerian mafia and its operatives exploit victims by subjecting them to a traditional religious juju oath ceremony, which is an extremely effective control mechanism to silence victims and trap them in debt bondage. This study explores the psychological effects of …

The Forensic Analysis Of Adult Temporary Tattoos, Paige Cooper

Student Theses

Adult temporary tattoos have become more popular, yet there is very little research on them, especially regarding their use in forensics. This poses a problem because forensic investigators may not be able to distinguish a temporary tattoo from a real tattoo, possibly hindering their investigation. In this study, various types of adult temporary tattoos were examined and analyzed in attempts to identify and distinguish them, both from each other and from permanent tattoos. Infrared spectroscopy, specifically attenuated total reflection (ATR), proved to be more useful than ultra-violet visible light spectroscopy in terms of analyzing the samples. The natural adult temporary …

Next Generation Of Evidence Collecting: The Need For Digital Forensics In Criminal Justice Education, Scott H. Belshaw

Journal of Cybersecurity Education, Research and Practice

Digital forensics poses significant challenges to law enforcement as the information found in a computer system is often present at most crime scenes in the form of computer data and cell phones. Digital evidence contained on common devices, such as cell phones and laptops, includes information that can be pertinent to the investigation of crimes. Law enforcement is increasingly identifying the need to be able to process their evidence internally warranting the exploration of the need for digital forensics training as part of a broader study of criminal justice for future law enforcement practitioners. This paper uses telephone surveys of …

Vocational And Life Skills Monthly Data Update: June 2019, 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, from which data is being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common …

Vocational And Life Skills Quarterly Report: Grant Cycle 3, Quarter 4 April-June 2019, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

This report presents quarterly data and evaluation updates for the Vocational and Life Skills Program (VLS) through Quarter 4 of Grant Cycle 3. VLS was created by the Nebraska Legislative Bill 907 in 2014 to reduce recidivism and increase meaningful employment for Nebraskans convicted of a crime. The report contains 1) descriptions of the eight funded programs across the state, 2) a snapshot of program participation across the programs, 3) demographics of the participants served by the VLS initiative, and 4) participation breakdowns and descriptions of the skills participants are gaining through VLS programming. VLS continues to update service providers …

Suffer The Little Children To Come: The Legal Rights Of Unaccompanied Alien Children Under United States Federal Court Jurisprudence, Claire Nolasco, Daniel Braaten

Criminology and Criminal Justice Faculty Publications (Archived)

This article analyses United States (US) federal court jurisprudence to determine the legal rights of unaccompanied alien children (UAC) in various stages of immigration enforcement proceedings. After briefly discussing statistics on UAC in the US, it explains the legal context of US laws governing unaccompanied minors. Through examining 40 cases decided by the 12 US Circuit Courts of Appeals and various federal district courts, the article specifies how these courts interpreted and expanded on the procedural legal rights of UAC upon apprehension by immigration officials, during placement or detention decisions of the Office of Refugee Resettlement (ORR), prior to voluntary …

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …