Legal Studies Commons^™

Effect Of Empathy On Death Penalty Support In Relation To The Racial Divide And Gender Gap, Brian Godcharles

USF Tampa Graduate Theses and Dissertations

This study aimed to examine previous empirical literature indicating that death penalty support contains a divide among Blacks and Whites and a gap among males and females. Previous literature has indicated that there has been a persistent racial divide and gender gap in death penalty support that has spanned over 60 years of research. Attempts to attenuate these divides have failed to fully explain why Whites are more likely than Blacks to support the death penalty and men are more likely than women to support the death penalty. This study proposes the use of empathy to control for these divides …

The Law Book: From Hammurabi To The International Criminal Court, 250 Milestones In The History Of Law (Sterling), Michael Roffer

Books

The Law Book explores 250 of the most significant legal issues, cases, trials, and events that have profoundly changed our world. Although the heaviest emphasis is on American law it also touches on more than a dozen countries and the European Union, laws relating to Antarctica and Outer Space, and principles of international law. Among the topics it explores are the earliest legal codes, the role of juries, slavery and emancipation, civil rights, Native Americans, copyright, the press and free speech, immigration, censorship and obscenity, the environment, war and international relations, war crimes and trials, the insanity defense, taxation, prohibition, …

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

Faculty Publications By Year

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …

Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow

Faculty Publications By Year

This article examines a little known exemption to the Fair Labor Standards Act relieving seasonal recreational or amusement employers from their obligation to pay the minimum wage and overtime. After evaluating the existing, confused case law surrounding the exemption, we propose a new, simplified framework for applying the provision. We then apply this framework to a recent wave of FLSA lawsuits brought by cheerleaders, minor league baseball players, and stadium workers against professional sports teams. The article concludes by considering the policy implications of exempting this class of employers from the FLSA's wage and hour requirements.

How To Incite Crime With Words: Clarifying Brandenburg’S Incitement Test With Speech Act Theory, Bradley J. Pew

BYU Law Review

No abstract provided.

Child Sex Trafficking: Not Just A Third World Problem, Melissa A. Menasco Ph.D.

NYS Child Welfare/Child Protective Services Training Institute

This poster goes over many of the facts and fictions about child sex trafficking in the US, and some of the strategies that can be used to help prevent it. It was originally displayed at the Fall Research and Creativity Forum at Buffalo State College on October 29 2015.

Reel Or Reality? The Portrayal Of Prostitution In Major Motion Pictures, Raleigh Blasdell

USF Tampa Graduate Theses and Dissertations

This study examined media portrayals of street-level prostitution. The objectives of this research were twofold. The first was to examine the nature of the film industry’s portrayal of females engaging in street-level prostitution in the United States in the following areas: 1) entry into sex work; 2) the economic need behind the women’s involvement; 3) experiences of childhood victimization; 4) presence and role of pimps; 5) drug/alcohol abuse; 6) victimization; and 7) mental/physical health. The second objective was to determine if this media coverage is analogous to extant research on these aspects of prostitution culture.

The Unified Film Population Identification …

Adam Calverly, Cultures Of Desistance: Rehabilitation, Reintegration, And Ethnic Minorities, Whitney Threadcraft-Walker

Qualitative Criminology (QC)

"Third in an international series investigating desistance and rehabilitation, Adam Calverly’s Cultures of Desistance builds on the extant desistance literature through a comparative analysis of the impact of micro-, meso-, and macro- level factors on the processes associated with criminal disengagement on Indian, Bangladeshi and Black/Dual Heritage offenders in the Brixton neighborhood of London. The author has previously established expertise in the area of ethnicity and desistance through such as Understanding Desistance from Crime: Emerging Theoretical Directions in Resettlement and Rehabilitation (2005) co-authored with Steve Farrell and Black and Asian Offenders on Probationers (2004). Much of the data presented in …

Variations In Patrol Officers’ Concerns About Racial Profiling Across Communal Contexts, Paul Reck

Qualitative Criminology (QC)

"Numerous studies have explored the issue of racial profiling, but only a few studies have examined how officers view racial profiling and whether such views affect officers’ patrolling of racial minorities. These latter studies generally have found that officers rationalize and dismiss the issue of profiling. However, studies pertaining to citizens’ perceptions of the police and studies identifying policing imperatives that officers associate with particular spaces suggest that there are characteristics of communities that may play an important role in shaping officers’ perceptions of profiling and patrolling of racial minorities. The current study, which is based on ethnographic ride-along interviews …

Editorial, Will Oliver

Qualitative Criminology (QC)

"Welcome to the second issue of the third volume of the Journal of Qualitative Criminal Justice & Criminology, and also my last issue as editor. Four years ago, I was given the opportunity by the president and board of the Southwestern Association of Criminal Justice to start up a new association journal and they liked my idea of a qualitative methods journal that would appeal to not only criminal justice, but to criminology as well. I began putting together an editorial board and was overwhelmed by the positive support I received regarding my ideas for the journal. That made …

Michael Welch, Escape To Prison: Penal Tourism And The Pull Of Punishment, Lindsey L. Upton

Qualitative Criminology (QC)

"Prisons and asylums are unique institutions of confinement that attract our gaze long after they are abandoned. In Escape to Prison, Michael Welch draws attention to ten prison museums across the world where the histories of punishment and control found in each respective culture are presented for our consumption. Welch analyzes prison museums as sites of power and authority. Escape to Prison is an invaluable contribution to cultural criminology because it studies each prison museum in the context of their respective cultures and provides connections between dark tourism and the history of punishment across the globe."

Shaw, Clifford, The Jack Roller, Richard Tewksbury

Qualitative Criminology (QC)

"Learn from the classics. Understand where you came from. Know the past so you won’t repeat it. Be informed about those that have preceded you. Find the foundation your own work is based upon. All of these are viable, valuable, and unfortunately, often unheeded pearls of wisdom. I, for one, can admit that while I’ve espoused these lessons many times, I have not adhered to my own advice. Although we all are well versed (at least for an undergraduate level lecture or two) on the history of our field and the influential scholars and works of the field, unfortunately far …

“Age Is Just A Number In Here”: A Qualitative Study Of Adulthood In A Women’S Prison, Janani Umamaheswar

Qualitative Criminology (QC)

"Desistance from crime is a significant marker of adulthood, while persistence in criminal behavior is inconsistent with a subjective sense of adulthood (Massoglia & Uggen, 2010). To understand the relationship between crime and adulthood in greater detail, however, it is important to understand how offenders interpret and conceptualize the notion of adulthood in the first place. Based on interviews and mail correspondence with 35 incarcerated women, I explore this question through an examination of how incarcerated women construct definitions of adulthood while in prison. The findings indicate that in a restrictive environment marked by a lack of independence, women in …

Exploring Police Legitimacy Perceptions Among Arab And Chaldean Business Owners In Detroit, Vaughn J. Crichlow, Edmund F. Mcgarrell

Qualitative Criminology (QC)

"Most agree that police officers cannot do their jobs effectively without the support of community members. However, little is known about the perceptions of small business owners who could potentially make a meaningful contribution to safety and security in such communities. There is also a paucity of research on immigrant-owned businesses in disorderly urban communities. To address the gap, this study explores the attitudes of small business owners toward the police in Detroit, Michigan, a city known for high levels of violent crime and presents an analysis of the qualitative data collected from in-depth interviews with small business owners (n …

Racially Neutral Policing?: Puerto Rican And Mexican Young Adults’ Experiences With Order Maintenance Strategies, Claudio G. Vera Sanchez, Jacinta M. Gau

Qualitative Criminology (QC)

"Despite the proliferation of seemingly racially neutral police strategies, Latinos continue to report unfavorable views toward police. Limited attention has been given to how urban strategies, such as order maintenance policing, are experienced by young Latino males. The present study uses data from in-depth interviews conducted with male Latino youth in two Chicago neighborhoods: one majority-Latino, predominantly Mexican; and one mixed-race, gentrifying Puerto Rican. Results show that youth in both neighborhoods report enhanced surveillance and aggressive stop-and-frisks. Additionally, neighborhood context shapes the dynamics between police and young Latinos. In the Puerto Rican neighborhood, policing is enmeshed in culture clashes. In …

The Liberal As An Enemy Of Queer Justice, Craig Schamel

Catalyst: A Social Justice Forum

Abstract

Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups …

Whatsapp Network Forensics: Decrypting And Understanding The Whatsapp Call Signaling Messages, Filip Karpisek, Ibrahim Baggili, Frank Breitinger

Electrical & Computer Engineering and Computer Science Faculty Publications

WhatsApp is a widely adopted mobile messaging application with over 800 million users. Recently, a calling feature was added to the application and no comprehensive digital forensic analysis has been performed with regards to this feature at the time of writing this paper. In this work, we describe how we were able to decrypt the network traffic and obtain forensic artifacts that relate to this new calling feature which included the: a) WhatsApp phone numbers, b) WhatsApp server IPs, c) WhatsApp audio codec (Opus), d) WhatsApp call duration, and e) WhatsApp's call termination. We explain the methods and tools used …

Dave Sprout Second Interview, 2015, Jennifer Thomson

Bucknell: Occupied

Jennifer Thomson, assistant professor of History at Bucknell University, interviews Dave Sprout of the Lewisburg Prison Project. Thomson and Sprout follow up on their March 2015 discussion about the use of force in the Special Management Unit (SMU) of the United States Penitentiary, Lewisburg. Sprout discusses the futility of the program, which involves the lock down of men without any activities or opportunities to engage with the world around them. He describes conditions and raises concern about the psychological impact of punitive social control.

Road To Recovery: Recidivism And The Mclean County Drug Court, Julia Neaves

Student Research – Stevenson Center

This study explores the effectiveness of the McLean County Drug Court at reducing time to recidivism using survival analysis techniques. Data on 146 drug court participants was collected using the county’s proprietary case management systems. Findings suggest that length of drug court programming significantly reduces time to recidivism. Unfortunately, black offenders and offenders with prior criminal history were found to return to the prison system more rapidly than other groups, suggesting that drug court programming may not be addressing the greater systemic issues present in the criminal justice system. These findings collectively inform policy recommendations provided to county administrators and …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 48, Number 2, Fall 2015

Nebraska Transcript

2 Dean’s Message

Faculty Updates

4 Profile: Ruser: Serving Nebraskans

6 Faculty Notes

15 Schaefer Inducted as Corresponding IAA Member at Ceremony at SpaceX Headquarters

16 Berger promoted to full professor

17 Our faculty: Leading the way on issues of today

35 Mueller finds diverse background in practice helpful in CDO position

36 Ebel, Cline Williams Jurist-in-Residence, examines evolution of 4th Amendment

37 Law College celebrates 40th anniversary of first class in its East Campus home

38 College honored to host international competition

40 Native American Law offers students variety of experiences relevant to state

42 Client Counseling Competition: 2Ls …

Professor Frank Breitinger's Full Bibliography, Frank Breitinger

Electrical & Computer Engineering and Computer Science Faculty Publications

No abstract provided.

Wisconsin School For Girls Inmate Record Books: A Case Study Of Redacted Digitization, Eric Willey, Laura Farley

Faculty and Staff Publications – Milner Library

The Wisconsin School for Girls collection housed in the Wisconsin Historical Society (WHS) archives contains a variety of documents from the institution’s period of operation. Inmates who were admitted to the institution were predominately juvenile females at the time of the records’ creation; because of this, the contents of the records are protected by Wisconsin state statutes, which mandate restricted access for patrons as well as limitations on the use of the information contained within the records. This article examines how the restrictions on the collection continue to protect the privacy of the inmates and their descendants, what procedures WHS …

Traumatic Brain Injuries Among Adolescent Inmates In Rikers Island, Nyc Jail: A Mixed Methods Study, Cassandra Ramdath

Dissertations, Theses, and Capstone Projects

There is a higher prevalence of traumatic brain injury (TBI) among incarcerated population than in the general population. It is possible that head injuries can lead to behavioral difficulties, increasing the risk of criminal justice involvement and custodial difficulties. Principles of bio-social criminology put forth that the interaction between people's environment and their biological makeup that can lead to maladaptive behaviors. One of the main domains within the bio-social criminology approach is neurocriminology; neurocriminology uses principles of neuroscience to better understand delinquent and antisocial behaviours and suggests that brain injury can interact with environmental factors to produce seemingly aggressive and …

Pimps Of Harlem: Talk Of Labor And The Sociology Of Risk, Amber Horning Ruf

Dissertations, Theses, and Capstone Projects

This dissertation examines how third-party labor is socially constructed by pimps or third parties. Pimps and their labor are investigated using sociological paradigms of risk. Risk is defined as exposure to danger (Beck, 1992; Giddens, 1991) and can produce negative or positive feelings and outcomes (Lupton, 1999). I explore how third-party labor is connected to risk with the following research questions: 1) How does the U.S. media portray third parties as risky, and how does this influence proposed remedies to this social problem? 2) How do third parties' at-risk status impact their role in illicit and licit economies? 3) How …

Law Enforcement Innovation And Diffusion: A Network Analysis Of Police Accreditation, Jeremiah Paul Johnson

Dissertations, Theses, and Capstone Projects

This study seeks to identify network structures capable of predicting innovation uptake among law enforcement organizations. Utilizing a mixed-methods approach, diffusion is studied through the lens of a single innovation, state law enforcement accreditation. Quantitative data culled from a variety of social artifacts in two New England states are used as a basis for the study. Relational data extracted from meetings held by a private police chief's association over an 11 year period were used to construct an affiliation matrix. Social network analysis demonstrates that actors with high levels of centrality are more likely to self-select state accreditation enrollment than …

Sexual Victimization, Disclosure, And Accountability: Organizational Responses Of The Boy Scouts Of America To Child Sexual Abuse, Michelle Anne Cubellis

Dissertations, Theses, and Capstone Projects

Child sexual abuse has always been a highly publicized and controversial topic due to the vulnerability of children. However, there have been several recent child sexual abuse (CSA) scandals garnering even more attention and concern. With the exposure of the Catholic Church abuse scandal in 2002, public attention became focused on the Archdiocese's poor and prolonged response. However, this crisis was not the sole case of widespread sexual violence and institutional failure. In October of 2012, Boy Scouts of America files from 1959 to 1991 containing reports of child sexual abuse were released. These reports feature detailed information about the …

Exploring The Effects Of Strain On Cross-National Lethal Violence: An Integrated Model, Catrin Andersson

Dissertations, Theses, and Capstone Projects

Lethal violence is a global problem. In 2012, the United Nations documented 437,000 homicides worldwide (United Nations Office on Drugs and Crime, 2014b), and in 2012, the World Health Organization reported that there were 800,000 suicides internationally (World Health Organization, 2015c). There is a large body of research on violence in the social sciences. Although suicide and homicide are often studied separately, they have been said to share many of the same correlates, such as inequality and divorce (e.g., inequality and divorce; Nivette, 2011; Stack, 2000). There is a need to integrate theories drawn from different disciplines to better understand …

A Long-Term Follow-Up Of Crossover Youth: Young Adult Outcomes For Maltreated Youth In The Juvenile Justice System, Carly Lyn Baetz

Dissertations, Theses, and Capstone Projects

Crossover youth, those with histories of childhood maltreatment and delinquency, may be at high risk for negative outcomes compared to other youth. However, very little is known about the long-term outcomes for this population. This dissertation compared four groups: youth with histories of child maltreatment and juvenile arrest (n = 180), youth with a history of maltreatment only (n = 428), youth with a history of juvenile arrest only (n = 91), and youth with no history of maltreatment or juvenile arrest (n = 496), on a range of outcomes, including mental health, education, employment, and criminal behavior. Data from …

Dangerous Spaces: The Structural Context Of Violence Against Foreign Nationals In South Africa, Alexandra Hiropoulos

Dissertations, Theses, and Capstone Projects

Since South Africa's heralded democratic transition in the mid-1990s, ongoing patterns of violence specifically targeting people on the basis of their race and nationality have been observed throughout the country. This dissertation study examines the spatial nature of violent incidents against foreign nationals in the Republic of South Africa and the effect of structural conditions on the occurrence of anti-foreigner violence.

While international migration has been historically accompanied by resentment and ill-treatment of migrants worldwide, this phenomenon is inadequately studied in developing countries such as South Africa. Since nationwide riots targeting foreign nationals in townships in 2008, there has been …

Women Are Like Silk And Men Are Like Gold: A Cross-Country Comparison Of Institutional Responses To Honor Violence, Alana Michele Henninger

Dissertations, Theses, and Capstone Projects

Over the past decade, a specific form of interpersonal violence known as honor violence has drawn international attention because it has been increasingly reported in immigrant communities in western countries. There are currently no specific institutional responses to honor violence in the United States, but the growing media coverage of honor-related crimes has led interest groups to call for new legislation and institutional responses specific to honor violence. The global debate on the codification of honor violence hinges on the discussion of whether honor violence is a cultural crime that deserves special consideration, or whether such codification encourages discriminatory responses …