Legal Studies Commons^™

Capital Punishment And Race Disparities In The Modern Era: An Empirical Analysis, Trevor Myers

Online Theses and Dissertations

Dissimilarities by race-of-defendant and race-of-victim have received ample attention in capital punishment literature, predominately in regard to death sentencing. Much less attention has been provided to the intersection of race and gender-of-victim with utilization of execution data, and research has failed to adequately address this topic in a historical context. In this exploratory study, I seek to identify multivariate correlates of executions involving characterizations of defendant race as well as victim race x gender characterizations since 1977. More specifically, I use multivariate analyses to examine possible predictors of executions elucidated defendant race x victim race and gender amalgamations. Among the …

Anti-Lgbtq Hate: An Analysis Of Situational Variables, Jill Kehoe

Publications and Research

The current study aimed to augment the scant body of literature on anti-LGBTQ hate by providing an in-depth examination of anti-LGBTQ hate incident situational characteristics including offender substance use, number of offenders, crime location, and victim-offender relationship. Analysis of situational dynamic variables provided support for the notion that anti-LGBTQ hate is a distinct type of criminal incident. Significantly increased levels of offender substance use, crimes perpetrated by multiple offenders, crimes perpetrated by acquaintances, and crimes taking place in open spaces substantiates the theory that anti-LGBTQ hate is qualitatively unique, typified by different characteristics than other forms of crime. The data …

Mandatory, Fast, And Fair: Case Outcomes And Procedural Justice In A Family Drug Court, Melanie Fessinger, Katherine Hazen, Jamie Bahm, Jennie Cole-Mossman, Roger Heideman, Eve Brank

Center on Children, Families, and the Law: Faculty Publications

Objectives: Problem-solving courts are traditionally voluntary in nature to promote procedural justice and to advance therapeutic jurisprudence. The Family Treatment Drug Court (FTDC) in Lancaster County, Nebraska, is a mandatory dependency court for families with allegations of child abuse or neglect related to substance use. We conducted a program evaluation examining parents’ case outcomes and perceptions of procedural justice to examine whether a mandatory problem-solving court could replicate the positive outcomes of problem-solving courts. Methods: We employed a quasi-experimental design that compared FTDC parents to traditional dependency court parents (control parents). We examined court records to gather court orders, compliance …

Conceptualizing The Unspeakable: A Conceptual Metaphor Theory Analysis Of Sexual Assault Trauma In Creative Nonfiction, Ariana Ciamaricone

West Chester University Master’s Theses

This paper explores the use of conceptual metaphors (CMs) in two works of creative nonfiction, namely Laurie Halse Anderson’s (2019) Shout and Elissa Washuta’s (2014) My Body is a Book of Rules. Anderson’s (2019) poetic memoir centers on her experiences with sexual assault throughout her childhood and the process of writing her young adult novel Speak (1999). Washuta (2014) writes on her experiences with rape and mental illness via prose. Both memoirs detail their authors’ reckoning with the experience of sexual assault, and this paper investigates how trauma narratives attempt to “resolve what cannot be resolved, to generate meaning, …

Salary History And The Equal Pay Act: An Argument For The Adoption Of “Reckless Discrimination” As A Theory Of Liability, Kate Vandenberg

Northwestern Journal of Law & Social Policy

The Equal Pay Act (EPA) purports to prohibit employers from paying female employees less than male employees with similar qualifications; however, the affirmative defenses provided in the EPA are loopholes that perpetuate the gender pay gap. In particular, the fourth affirmative defense allows for wage differentials based on a “factor other than sex.” Many federal circuits have read this defense broadly to include wage differentials based on salary history. That is, an employer can pay a female employee less than her male counterparts because she was paid less by her previous employer. While salary history was once viewed as an …

Stepping Into The Shoes Of The Department Of Justice: The Unusual, Necessary, And Hopeful Path The Illinois Attorney General Took To Require Police Reform In Chicago, Lisa Madigan, Cara Hendrickson, Karyn L. Bass Ehler

Northwestern Journal of Law & Social Policy

No abstract provided.

A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips

Northwestern Journal of Law & Social Policy

No abstract provided.

Necessary And Convenient: The Effect Of Commerce And Necessary And Proper Clause Jurisprudence, Janis Olkowicz

Honors Undergraduate Theses

While reading a news article about the upcoming presidential election one day, I noticed a trend. The vast majority of political articles discuss what the federal government should do, but almost never cover what it could do. In elementary school, American children are taught that the Constitution, a 4,543-word document, is the place from which all federal power is derived; but the Constitution says nothing about the regulation of travel, narcotics, or the vast majority of other areas that affect the way we live our daily lives, so where does that power come from? After some preliminary research, I discovered …

Social Learning Theory And Digital Piracy: Explaining Uploading Behaviors Of Digital Pirates, Cydney J. Lowenstein

Theses and Dissertations

Digital piracy has received significant attention in criminological research but almost no studies have explored illegal uploading and how it may differ from illegal downloading. It is important to examine what theories can explain illegal uploading behaviors and their related factors to develop more effective policies to address digital piracy. This dissertation examined whether Akers’ (1998) social learning theory could explain engagement in digital piracy, both illegal downloading and uploading behavior. Additionally, this research examined the relationship between reciprocity and digital piracy. Questionnaires were administered to 398 university students and 315 visitors to several online communities using a combination of …

In Defense Of The Cy-Pres-Only Class Action, Robert G. Bone

Lewis & Clark Law Review

Cy pres is frequently used to dispose of class action settlement funds, yet it is one of the most controversial aspects of class action practice. Perhaps the most contested use of cy pres is what I call the “cy-pres-only class action”: a settlement class action in which the judge certifies a class and approves a settlement that expressly provides for a third-party charity to receive all the settlement funds. In these cases, the judge exercises her judicial power to enable a lawsuit that compensates a third party who does not have legal rights at stake and does so without providing …

Human Trafficking Definitions To Eradication In Virginia: A Legislative Analysis, Hannah Kay Byrum

Undergraduate Honors Theses

The gap between the reality of human trafficking in Virginia and the necessary legislative systems, remedies, and support afforded to victims, is wide. My research arose from my experience navigating this incongruity in Virginia law and its impacts, through a delegate’s office, the office of a United States Senator, and a government relations firm. This research articulates the significant, material legislative initiatives required in Virginia’s human trafficking legislative landscape. In surveying this landscape, this research articulates where incongruences ex-unified language and legislative definitions, exist in key areas. This research addresses the need for expansion on the parameters to which victims …

Battle Of The Sexes: A History Of Social Change And A Solution For Maintaining A Child’S Best Interest In Light Of The #Metoo Movement, Jackie Calvert

Indiana Journal of Law and Social Equality

No abstract provided.

System Disarmed: My Experience As A Pro Se Litigant, Michael Stephan Alexander

University Honors Program Senior Projects

This project introduces and reviews, what is the pro se (representing oneself) litigant dilemma in the legal system. The study of courses originally labeled Criminal Justice, currently titled Justice Studies adds a birds-eye view to this project. That coupled with the inclusions of my involvement in the actual legal system creates my own Global Positioning System on this endeavor to disarm the system.

The paper will examine a brief but interesting novelty from earlier history when it was a privilege to stand on your own two feet and anyone who wanted to represent you was forbidden to accept pay. The …

Families Belong Together: The Path To Family Sanctity In Public Housing, Mckayla Stokes

Northwestern Journal of Law & Social Policy

In its 2015 landmark civil rights decision in Obergefell v. Hodges, the Supreme Court finally held that the Equal Protection and Due Process Clauses of the United States Constitution guarantee same-sex couples’ marital equality. The Court’s unprecedented declaration that the right to marry is a fundamental right under the Due Process Clause strengthened married couples’ right to privacy because it subjects government actions infringing on marital unions to heightened scrutiny. The Supreme Court has the option to minimize the impact of Obergefell by interpreting the right to marriage very narrowly—as only encompassing the right to enter into a state-recognized union …

The Pursuit Of Comprehensive Education Funding Reform Via Litigation, Lisa Scruggs

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: The Right To Education: With Liberty, Justice, And Education For All?

Northwestern Journal of Law & Social Policy

No abstract provided.

Foreword To The Symposium: Jewish Law And American Law: A Comparative Study, Samuel J. Levine

Touro Law Review

No abstract provided.

The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander

Touro Law Review

No abstract provided.

Keeping Faith With Nomos, Steven L. Winter

Touro Law Review

No abstract provided.

Do Racial Stereotypes Contribute To Medical Misdiagnosis Of Child Abuse? Investigating Tunnel Vision In The Emergency Room, Cynthia J. Najdowski, Kimberly M. Bernstein, Katherine S. Wahrer

Psychology Faculty Scholarship

Despite growing recognition that misdiagnoses of child abuse can lead to wrongful convictions, little empirical work has examined how the medical community may contribute to these errors. Previous research has documented the existence and content of stereotypes that associate race with child abuse. The current study examines whether emergency medical professionals rely on this stereotype to fill in gaps in ambiguous cases involving Black children, thereby increasing the potential for misdiagnoses of child abuse. Specifically, we tested whether the race-abuse stereotype led participants to attend to more abuse-related details than infection-related details when an infant patient was Black versus White. …

Racial And Ethnic Disparities In The Criminal Justice System In Nebraska, Nebraska Center For Justice Research, University Of Nebraska At Omaha

Reports

RED refers to racial and ethnic differences in contacts and experiences with the criminal and juvenile justice systems. Measuring the extent to which RED exist in the justice system is a first step toward identifying the ways to improve upon how well the system upholds the principle of equal treatment under the law. Prior research shows that RED are prevalent across multiple points of contact with the juvenile justice system in Nebraska. There is also a large body of evidence demonstrating RED in the adult criminal justice system nationwide. The purpose of this brief is to describe what the data …

Section 1983 Civil Liability Against Prison Officials And Dentists For Delaying Dental Care, Claire Nolasco, Michael S. Vaughn

Criminology and Criminal Justice Faculty Publications (Archived)

Many prisoners enter correctional facilities in the United States with little history of good dental hygiene and even less history of access to dentists. Thus, the incarceration experience presents opportunities for inmates to receive quality dental care, often for the first time. Dental care delivered by correctional dentists is complicated, however, by the array of serious dental conditions and difficult to treat dental problems in clinical settings. These conditions exist within a legal environment that mandates adequate dental care be provided to prisoners by the state. This article examines prisoners’ Section 1983 lawsuits, claiming that delays in the delivery of …

The Prosecutor As A Final Safeguard Against False Convictions: How Prosecutors Assist With Exoneration, Elizabeth Webster

Journal of Criminal Law and Criminology

Prosecutors have helped secure an unprecedented number of recent exonerations. This development, combined with the rapid emergence of district attorney-initiated conviction integrity units (CIUs) raises several questions. How do prosecutors’ offices review postconviction innocence claims? How do they make decisions about the merits of those claims? How do CIU processes differ from non-CIU processes? This study examines the circumstances surrounding prosecutor-assisted exoneration cases through semi-structured interviews with 20 prosecutors and 19 defense attorneys. It draws from a sample of both CIU and non-CIU prosecutors, thereby enabling comparisons. Respondents were asked about their experiences and decision-making structures in specific, post-2005 exoneration …

The Evolution Of Substantive Due Process Throughout Time, Vitoria Olivo Factor

Honors Undergraduate Theses

Substantive due process has been of great importance to the decision of many Supreme Court cases since its beginning. Since its inception in Lochner v. New York,[1] the Supreme Court has used the theory of substantive due process in order to grant numerous rights to individuals and this theory has been interpreted differently by each Justice that has crossed its path.

This thesis will explain how recent changes in the composition of the United States Supreme Court make it likely that judicial opinions involving substantive due process will be decided differently. The United States Supreme Court’s future substantive …

Can General Strain Theory Be Used To Explain The Relationship Between Recidivism And Secure Placement?, Alessia R. Shaw

Honors Undergraduate Theses

There has been extensive research conducted on recidivism among serious juvenile offenders. This study examines juvenile recidivism through the lenses of General Strain Theory (GST). GST has been used in previous studies to explain recidivism, however, secure placement and its effect on juvenile mental health, has not been studied. The purpose of this study is to test for a relationship between emotional responses like anger and hostility and secure placement, utilizing the Pathways to Desistance data. I will also examine if anger and hostility act as a mediator between secure placement and recidivism. Pathways to Desistance was a prospective study …

Racial Bias And Juror Selection In Death Penalty Cases, Kaitlyn D. Wallace

Honors Undergraduate Theses

Across the country, African American defendants are being discriminated against in the criminal courts and by juries, particularly in capital cases.[1] This assertion is supported by two lines of research. First, an analysis of Supreme Court decisions focusing on the racial impact on voir dire. Second, social-legal studies on juror decision making have demonstrated legal and socio-legal histories providing evidence that demonstrate there is a racial bias in our system. Based on these findings, this paper sets forth several legal and policy recommendations to improve the fair adjudication of African American defendants charged with capital crimes.

[1] Jack Glaser, …

Identifying Suicidality Correlates Among People Incarcerated In Jail, Frances Abderhalden

Electronic Theses and Dissertations, 2020-2023

The rate of suicidality in jail is estimated to be eight times greater than that of the general population, yet the identification of risk factors for suicidality among people incarcerated in jail has not been explored by researchers (Fazel, Grann, Kling & Hawton, 2011; Hayes, 1999; Noonan & Ginder, 2013). To date, the breadth of the literature on suicidology almost exclusively deals with the prison population or general public, and official data of completed suicides. However, when analyzing suicidality in jail and prison populations, it is evident they are not interchangeable and suicidal behaviors include more than just completed suicides. …

Prescription Drug Abuse Amongst The Elderly, Michael O'Blenis

Electronic Theses and Dissertations, 2020-2023

This thesis attempts to document and illuminate the growing issue of prescription drug abuse among the elderly population. The average elder in the U.S. takes at least one prescription drug per day, depending upon their health status. Likewise, elders that suffer from multiple chronic conditions are more likely to take multiple prescription drugs. As the lifespan of humankind grows well into their 90's and older, even more elders will be placed on prescription drugs. As part of this study, a narrative literature review was conducted to summarize the topic of prescription drug abuse amongst the elderly. The findings suggest that …

The Perceptions Of Juvenile Judges Regarding Adolescent Development In Evaluating Juvenile Competency, Colleen M. Berryessa, Jillian Reeves

Journal of Criminal Law and Criminology

This analysis provides the first known in-depth qualitative inquiry into if and how juvenile court judges take the psycho-social immaturity and development of adolescents into consideration when making attributions of adjudicative competency of offenders in juvenile court. Semi-structured interviews were conducted with twenty-seven U.S. juvenile court judges, followed by grounded theory analysis. Competency evaluations from psychologists and the juvenile’s age, history, awareness, and mental capacity influence judicial determinations of competency. Although data show that understandings of adolescent development do play a large role in shaping judges’ understandings of juvenile behavior—particularly related to emotional control, irrational behavior, lack of maturity, and …

Annual Report 2020, Nebraska Center For Justice Research, University Of Nebraska At Omaha, Ryan E. Spohn

Reports

T  he 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 the 2019-2020 fiscal year. In this past year, NCJR once again crafted our Adult Justice in Nebraska report to provide a foundation of data trends in areas such as …