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Full-Text Articles in Legal Studies

Domestic Terrorism: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone Apr 2013

Domestic Terrorism: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

We begin our review with original definitions of domestic terrorism. The prevalence of domestic terrorism is discussed and includes a description of prevalence was measured. Characteristics of and factors associated with being a victim of domestic terrorism are then reviewed, followed by the characteristics of offenders associated with carrying out the crimes. We describe the modus operandi used by different groups of offenders, including information about the geographic distribution, temporal patterns, and other details of domestic terrorism. As a conclusion to the report, we also discuss prevention strategies, policy implications, and other ways to improve outcomes at the individual, community, …


Women Ruling The Bench: Steps To Achieving Gender Parity On State Courts, Cheyenne L. Horien Apr 2013

Women Ruling The Bench: Steps To Achieving Gender Parity On State Courts, Cheyenne L. Horien

Political Science Theses and Capstones

Across the United States, each state practices one of several methods of selecting judges to their courts. Many of these processes have not changed for decades and some argue this results in minorities, both gender and racial, receiving fewer spots on the bench. I focus explicitly on the gender aspect of judicial selection: Why are there fewer women judges in some states than in others? Previous literature on this topic is mixed. I analyzed data gathered from the American Judicature Society and other sources. Among the five methods (appointment, combination, merit selection, non-partisan election, partisan election), because of the many …


White Collar Crime And Morality: How Occupation Shapes Perception, Marshall R. Schmidt Dr. Apr 2013

White Collar Crime And Morality: How Occupation Shapes Perception, Marshall R. Schmidt Dr.

Department of Justice Studies Faculty Scholarship and Creative Works

White-collar crime is on the rise in the United States and globally. The general public has historically been seen as apathetic to white-collar criminals and their crimes; however more recent studies have shown that prior conclusions on perceptions of white-collar criminals may have been inaccurate. In this paper, I examine the role that occupation has in forming perceptions of white-collar criminals. Using Status Characteristics Theory, a structural social psychological theory that links an individual's status characteristics to evaluations of their morality, trustworthiness and competency, vignette experiments are constructed that allow for offender status and offense seriousness in various white collar …


Time: An Empirical Analysis Of Law Student Time Management Deficiencies, Christine P. Bartholomew Apr 2013

Time: An Empirical Analysis Of Law Student Time Management Deficiencies, Christine P. Bartholomew

Journal Articles

This Article begins the much needed research on law students’ time famine. Time management complaints begin early in students’ legal education and generally go unresolved. As a result, practicing attorneys identify time famine as a leading cause of job dissatisfaction. To better arm graduating students, law schools must treat time as an essential component of practice-readiness. Unfortunately, most law schools ignore their students’ time management concerns, despite growing calls for greater “skills” training in legal education.

To date, legal scholarship has overlooked psychological research on time management. Yet, this research is an essential starting point to effective instruction. Rather than …


Volume 05, Ian Karamarkovich, Jessica Cox, Kyle Fowlkes, Allison Pawlowski, Kaitlin Major, Carrie Dunham, Kelsey Scheitlin, Kathryn Grayson, Ashley Johnson, Jennifer Nehrt, Kelsey Stolzenbach, Kristin Mcquarrie, Sara Nelson, Melisa Michelle, Jessica Sudlow, Perry Bason, Danielle Dmuchawski, Mariah Asbell, Matthew Sakach, Timothy Smith Jr., Annaliese Troxell, T. Dane Summerell, Sarah Ganrude, Malina Rutherford, Hannah Hopper, John Berry Jr., James Early, Colleen Festa, Chelsea D. Taylor, Michelle Maddox, Kaitlyn Smith, Sarah Schu, Cabell Edmunds, Katherine Grayson, Kayla Tornai Apr 2013

Volume 05, Ian Karamarkovich, Jessica Cox, Kyle Fowlkes, Allison Pawlowski, Kaitlin Major, Carrie Dunham, Kelsey Scheitlin, Kathryn Grayson, Ashley Johnson, Jennifer Nehrt, Kelsey Stolzenbach, Kristin Mcquarrie, Sara Nelson, Melisa Michelle, Jessica Sudlow, Perry Bason, Danielle Dmuchawski, Mariah Asbell, Matthew Sakach, Timothy Smith Jr., Annaliese Troxell, T. Dane Summerell, Sarah Ganrude, Malina Rutherford, Hannah Hopper, John Berry Jr., James Early, Colleen Festa, Chelsea D. Taylor, Michelle Maddox, Kaitlyn Smith, Sarah Schu, Cabell Edmunds, Katherine Grayson, Kayla Tornai

Incite: The Journal of Undergraduate Scholarship

Introduction from Dean Dr. Charles Ross

The Tallis House as an Extension of Emily Tallis in McEwan's Atonement by Ian Karamarkovich

Graphic Design by Jessica Cox

Graphic Design by Kyle Fowlkes

Graphic Design by Allison Pawlowski

Incorporating Original Research in The Classroom: A Case Study Analyzing the Influence of the Chesapeake Bay on Local Temperatures by Kaitlin Major, Carrie Dunham and Dr. Kelsey Scheitlin

Graphic Design by Kathryn Grayson

Graphic Design by Ashley Johnson

Facing the Music: Environmental Impact Assessment of Building A Concert Hall on North Campus by Jennifer Nehrt, Kelsey Stolzenbach And Dr. Kelsey Scheitlin

Art by Kristin …


College Students’ Punitive Attitudes Toward Five Types Of Sex Offenders: Examining Factors That Influence Punitive Preferences, Kathryn T. Smith Apr 2013

College Students’ Punitive Attitudes Toward Five Types Of Sex Offenders: Examining Factors That Influence Punitive Preferences, Kathryn T. Smith

Dissertations, Theses and Capstone Projects (Full IR Collection)

The purpose of this study is to examine college students’ punitive attitudes toward five different types of sex offenders. In addition, various factors that influence college students’ punitive attitudes will be measured in order to assess their significance. Surveys were administered to a total of 809 students at a large southern university. Through the utilization of descriptive vignettes, the survey measured students’ demographic, educational, attitudinal, and crime-related characteristics as well as recommended sanction and punishment preferences for five different sex offenders. The results suggest that college students’ punitive attitudes significantly differ based on sex offender characteristics. Through ordinary least squares …


Exploring The Extent To Which The Utilization Of Technology Has Facilitated The Increased Possession Of Online Child Pornography Over Time, Abby Lukas Apr 2013

Exploring The Extent To Which The Utilization Of Technology Has Facilitated The Increased Possession Of Online Child Pornography Over Time, Abby Lukas

Dissertations, Theses and Capstone Projects (Full IR Collection)

The possession and distribution of online child pornography is a growingly pervasive problem and its pessimistic effects and dimensions are far-reaching in today’s society. With the steady increase in these types of offenses, it is pertinent that a better understanding of this heinous crime is addressed through various research endeavors. A research avenue significantly lacking in regard to these types of crimes is the extent to which the utilization of technology is further facilitating these types of crimes. Thus, it is the objective of the present study to specifically address these issues with its relationship to technology. In order to …


The Problem With Misdemeanor Representation, Erica J. Hashimoto Apr 2013

The Problem With Misdemeanor Representation, Erica J. Hashimoto

Scholarly Works

The failure to appoint counsel in misdemeanor cases may represent one of the most widespread violations of federal constitutional rights in criminal cases. A decade ago, in Alabama v. Shelton, the Supreme Court held that indigent defendants sentenced to suspended terms of incarceration in misdemeanor cases have a constitutional right to appointed counsel, even if the defendant is never actually incarcerated. Several factors contribute to this omission. First, some jurisdictions have simply refused to honor the Court's holding. Second, potentially unconstitutional barriers to the appointment of counsel-including prohibitively high fees imposed on defendants, failures to fully inform defendants of their …


Construction And Constraint: Discussion Of Living Originalism, Lawrence B. Solum Mar 2013

Construction And Constraint: Discussion Of Living Originalism, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Jack Balkin's Living Originalism raises many important questions about contemporary constitutional theory. Can and should liberals and progressives embrace originalism? Can the New Deal expansion of national legislative power be given originalist foundations? Is there a plausible originalist case for a right to reproductive autonomy and hence for the Court's decision in Roe v. Wade? Is the fact of theoretical disagreement among originalists evidence for the thesis that the originalist project is in disarray?


Habits Of Effective Legal Writers, Jay M. Nadlman Mar 2013

Habits Of Effective Legal Writers, Jay M. Nadlman

Legal Studies Papers and Presentations

This guide is intended to introduce you to the habits that are followed by effective legal writers. As the word habit suggests, you should work to make these rules a part of your normal writing routine. These rules are a beginning. Follow them, and with practice, dedication, and experience you will become an effective legal writer.


Thinking Outside The Bars: Examining All The Options In Sentencing, Lindsay Lasalle, Courtney Bryan, Larry Spottsville, Charles E. Auslander Iii Mar 2013

Thinking Outside The Bars: Examining All The Options In Sentencing, Lindsay Lasalle, Courtney Bryan, Larry Spottsville, Charles E. Auslander Iii

Working in the Public Interest Conferences

Covers the rationale behind the growing use of alternative court programs in the United States and the common methods applied in these programs.


Nothing But The Truth: Forensic Psychologist Ann Leblanc Manages Cases Where Crime And Mental Illness Overlap, Douglas Rooks Mar 2013

Nothing But The Truth: Forensic Psychologist Ann Leblanc Manages Cases Where Crime And Mental Illness Overlap, Douglas Rooks

Colby Magazine

Forensic psychologist Ann LeBlanc '74 manages cases in which crime and mental illness overlap.


Teen Dating Violence: Adolescent Development And Its Role In The Success Of Prevention Programs, Lisa Dougherty Mar 2013

Teen Dating Violence: Adolescent Development And Its Role In The Success Of Prevention Programs, Lisa Dougherty

Regis University Student Publications (comprehensive collection)

This study was conducted to explore adolescent development and adolescent dating violence in order to determine if prevention programs need to be written to reflect the different stages of development. Research was gathered from four areas: adolescent development, adolescent romantic relationships, teen dating violence, and teen dating violence prevention programs. Using an inductive approach, a content analysis of the literature was used to answer the following questions: 1) After reviewing research on adolescent development and adolescent romantic relationships; are there stages in adolescent romantic relationships where conflict appears most often? 2) In the teen dating violence studies, what stage(s) of …


The Effects Of Illegal Migration From Mexico To The U.S., Eric Dent Mar 2013

The Effects Of Illegal Migration From Mexico To The U.S., Eric Dent

Regis University Student Publications (comprehensive collection)

The purpose of this author's thesis is to explore the arguments and data found on both sides of the debatable issue of illegal immigration in America. This author made use of the plethora of data surrounding this topic that has been generated from various secondary sources. The use of this secondary data allowed for a re-analysis of the original author's findings which aided in the formulation of new questions while providing a different interpretation from the original assessment. The purpose of re-analysis sought to provide readers with a more-in-depth view concerning the influx of undocumented aliens, Mexican nationals in particular, …


The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless Mar 2013

The Forgotten Founding Document: Considering The Ends Of The Law, A. Scott Loveless

Brigham Young University Journal of Public Law

On the difficult moral issues confronting the judiciary today, a long overlooked bit of guidance is provided in the Declaration of Independence, natural law. This paper discusses the moral foundations of the Constitution and their relation to positive law, primarily addressing "same-sex marriage" in the context of Proposition 8 in California, but broadly applicable to other moral/legal conflicts such as abortion and the display of religious texts on public grounds, such as the Ten Commandments. It also challenges the judicial activism evident in many such cases as a judicial violation of the requirements of substantive due process.


Disentangling The Effects Of Violent Victimization, Violent Behavior, And Gun Carrying For Minority Inner-City Youth Living In Extreme Poverty, Richard Spano, John Bolland Mar 2013

Disentangling The Effects Of Violent Victimization, Violent Behavior, And Gun Carrying For Minority Inner-City Youth Living In Extreme Poverty, Richard Spano, John Bolland

Criminal Justice Faculty Publications

Two waves of longitudinal data were used to examine the sequencing between violent victimization, violent behavior, and gun carrying in a high-poverty sample of African American youth. Multivariate logistic regression results indicated that violent victimization T1 and violent behavior T1 increased the likelihood of initiation of gun carrying T2 when examined separately (by 132% and 91%, respectively). However, only violent victimization T1 was a significant predictor of initiation of gun carrying T2 after controlling for violent behavior T1. More nuanced analyses uncovered no significant difference in the likelihood of initiating gun carrying when comparing offensive versus defensive gun carriers. The …


Rights Come With Responsibilities: Personal Jurisdiction In The Age Of Corporate Personhood, Roger M. Michalski Mar 2013

Rights Come With Responsibilities: Personal Jurisdiction In The Age Of Corporate Personhood, Roger M. Michalski

San Diego Law Review

This Article aims to reconnect corporate rights and obligations. It argues that courts must consider the availability and exercise of corporate rights when determining whether the corporation is amenable to suit in the forum. To make this novel argument, this Article begins by documenting the rise of corporate personhood, recently culminating in Citizens United v. FEC. Part II shows how the evolution of corporations now allows for the treatment of corporations as entities that can have political rights and political obligations. Part III argues that personal jurisdiction doctrine and scholarship has not acknowledged the rise of corporate personhood. Consequently, it …


Left To Their Own (Security) Devices: The Need For The California Legislature To Define Deeds Of Trust And Update California Civil Code Section 2932.5 In Accordance With The Modern Lien Theory, Joahua Norton Mar 2013

Left To Their Own (Security) Devices: The Need For The California Legislature To Define Deeds Of Trust And Update California Civil Code Section 2932.5 In Accordance With The Modern Lien Theory, Joahua Norton

San Diego Law Review

This Comment introduces how deeds of trust were developed to allow the lender to avoid the judicial process by engaging in a nonjudicial foreclosure. This Part also explains that the confusion in the courts arose because deeds of trust are not defined in the statutes that govern them. Part III describes the early understanding of deeds of trust in California common law under the title theory and how California courts have increasingly rejected the title theory in favor of the lien theory. Part IV introduces the rise of a private alternative to public recording of assignments of deeds of trust …


The Role Of Vicarious And Anticipated Strain On The Overlap Of Violent Perpetration And Victimization: A Test Of General Strain Theory, Egbert Zavala, Ryan E. Spohn Mar 2013

The Role Of Vicarious And Anticipated Strain On The Overlap Of Violent Perpetration And Victimization: A Test Of General Strain Theory, Egbert Zavala, Ryan E. Spohn

Criminology and Criminal Justice Faculty Publications

Numerous studies have documented a relationship between criminal offending and violent victimization. That is, people who commit criminal behavior are also more likely to be victimized. As such, criminological theories traditionally used to explain criminal behavior have now been applied to explain victimization. The current study examines whether Agnew’s general strain theory can explain the offender-victim overlap using a nationally representative sample of males. Results show that vicarious strain is positive and significant in predicting both victimization and perpetration. Anticipated strain was found only to be significant and positive in predicting victimization, but not perpetration. The study’s limitations and future …


Disparate Impact: Fairness Or Efficiency?, Larry Alexander Mar 2013

Disparate Impact: Fairness Or Efficiency?, Larry Alexander

San Diego Law Review

Here is a stylized, simplified account of the disparate impact branch of discrimination law. Employer (E) uses certain criteria—which I shall call “the test”—to determine whom to employ. Those who qualify under the test may be disproportionately of a certain race, sex, national origin, or religion. I shall call those races, sexes, et cetera, that are disproportionately qualified under the test “the preferred,” and those races, sexes, et cetera, that are disproportionately unqualified under the test “the dispreferred.” In a disparate impact discrimination case—and again, I am simplifying somewhat, though immaterially—an employee candidate (C) who is both a member of …


A Study Of Relationships Between Socioeconomic Indicators And Rates Of Human Trafficking Victimization In Europe And Central Asia, Ivan Grishchenko Mar 2013

A Study Of Relationships Between Socioeconomic Indicators And Rates Of Human Trafficking Victimization In Europe And Central Asia, Ivan Grishchenko

Social Sciences

This study uses IBM SPSS(Statistical Package for the Social Sciences) statistical software to determine if there is a statistically significant relationship between the numbers of officially identified human trafficking victims and social and economic indicators that can significantly affect the victimization rate. These indicators are GDP per capita, Human Development index, levels of government corruption, internet usage, GINI index, numbers of agricultural laborers, and tourism rates. The regions chosen for this study are Europe and Central Asia. The data is obtained from the official reports or statistics published by the United Nations, the World Bank, and the Central Intelligence Agency.


Effect Of Fluctuating Temperatures On The Development Of A Forensically Important Blow Fly, Protophormia Terraenovae (Diptera: Calliphoridae), Jodie-A. Warren, Gail S. Anderson Feb 2013

Effect Of Fluctuating Temperatures On The Development Of A Forensically Important Blow Fly, Protophormia Terraenovae (Diptera: Calliphoridae), Jodie-A. Warren, Gail S. Anderson

Faculty Research, Scholarly, and Creative Activity

Experiments were conducted to compare the immature development of Protophormia terraenovae (Robineau-Desvoidy) at fluctuating temperatures of 4-28 and 9-23°C to their mean constant temperature, 16°C. Overall development was fastest at the greater fluctuation and slowest at the constant temperature but showed similar percentages of development time in each stage. The rate summation effect is suspected to have caused this difference in development rate because fluctuations above the mean increase the rate relatively more than temperatures below the mean can lower the rate.


Speaking Politely, Kindly, And Beautifully: Ideologies Of Politeness In Japanese Business Etiquette Training, Cynthia Dickel Dunn Feb 2013

Speaking Politely, Kindly, And Beautifully: Ideologies Of Politeness In Japanese Business Etiquette Training, Cynthia Dickel Dunn

Faculty Work

In recent years, politeness theory has increasingly focused on speakers’ own conceptualizations of polite behavior, viewing politeness concepts as a type of language ideology. This article examines the construction of Japanese politeness concepts in the business etiquette training provided for new employees in Japanese companies. Drawing on participant-observation of business etiquette seminars offered by five training companies, it analyzes how employees are taught to show deference through appropriate honorific use, to speak in ways which are seen as kind or considerate, and to speak and move in ways the instructors define as ‘beautiful.’ The analysis demonstrates how etiquette training conflates …


After Tiller, Dereck Daschke Jan 2013

After Tiller, Dereck Daschke

Journal of Religion & Film

This is a film review of After Tiller (2013) directed by Martha Shane and Lana Wilson.


'Smart' Justice Is Based On More Than Just Reducing Costs, Roberto Hugh Potter Jan 2013

'Smart' Justice Is Based On More Than Just Reducing Costs, Roberto Hugh Potter

UCF Forum

I attended a statewide “justice summit” in December, but left wondering about how some people think we should achieve that.


The Relationship Between Drug Type And Suicidal Behaviors In National Sample Of Adolescents, Scott Belshaw, Julie Siddique, John Rodriguez, Vincent Ramos Jan 2013

The Relationship Between Drug Type And Suicidal Behaviors In National Sample Of Adolescents, Scott Belshaw, Julie Siddique, John Rodriguez, Vincent Ramos

Contemporary Issues in Juvenile Justice

No abstract provided.


Assessing The Effectiveness Of The Violence Free Zone In Milwaukee Public Schools: A Research Note, Byron Johnson, Andrew Gluck, Patricia Vazquez, William Wubbenhorst Jan 2013

Assessing The Effectiveness Of The Violence Free Zone In Milwaukee Public Schools: A Research Note, Byron Johnson, Andrew Gluck, Patricia Vazquez, William Wubbenhorst

Contemporary Issues in Juvenile Justice

No abstract provided.


Developing The Job Performance Behavior Questionnaire (Jpbq): Exploratory Factor Analysis, Peter Metofe Jan 2013

Developing The Job Performance Behavior Questionnaire (Jpbq): Exploratory Factor Analysis, Peter Metofe

Contemporary Issues in Juvenile Justice

No abstract provided.


What Works In Treating Juveniles With Substance Abuse Problems, Mental Health Issues, Or Co-Occurring Disorders, David Mueller, Lisa Growette Bostaph, Andrew Giacomazzi Jan 2013

What Works In Treating Juveniles With Substance Abuse Problems, Mental Health Issues, Or Co-Occurring Disorders, David Mueller, Lisa Growette Bostaph, Andrew Giacomazzi

Contemporary Issues in Juvenile Justice

No abstract provided.


Influence Of Responsibility-Based Physical Activity Within A Secured Juvenile Correctional Facility, Dallas J. Jackson, Ron French, Terry Senne, David Nichols Jan 2013

Influence Of Responsibility-Based Physical Activity Within A Secured Juvenile Correctional Facility, Dallas J. Jackson, Ron French, Terry Senne, David Nichols

Contemporary Issues in Juvenile Justice

No abstract provided.