Legal Studies Commons^™

Prosser's Privacy Law: A Mixed Legacy, Neil M. Richards, Daniel J. Solove

Scholarship@WashULaw

This Article examines the complex ways in which William Prosser shaped the development of the American law of tort privacy. Although Prosser certainly gave tort privacy an order and legitimacy that it had previously lacked, he also stunted its development in ways that limited its ability to adapt to the problems of the Information Age. His skepticism about privacy, as well as his view that tort privacy lacked conceptual coherence, led him to categorize the law into a set of four narrow categories and strip it of any guiding concept to shape its future development. Prosser’s legacy for tort privacy …

The Puzzle Of Brandeis, Privacy, And Speech, Neil M. Richards

Scholarship@WashULaw

Most courts and scholarship assume that privacy and free speech are always in conflict, even though each of these traditions can be traced back to writings by Louis D. Brandeis – his 1890 Harvard Law Review article “The Right to Privacy” and his 1927 concurrence in Whitney v. California. How can modern notions of privacy and speech be so fundamentally opposed if Brandeis played a major role in crafting both? And how, if at all, did Brandeis recognize or address these tensions? These questions have been neglected by scholars of First Amendment law, privacy, and Brandeis. In this paper, I …

The Art Of Caring: Woman And Restorative Justice, Peggy Lobb

Antioch University Dissertations & Theses

The process of restorative justice involves the caring compassion of others by providing support for the peaceful resolution of the conflict. The term restorative justice is used to describe a justice practice that has been in existence for hundreds of years in many indigenous communities. Recently, it is emerging in modern criminal justice systems as a way to obtain fair reparation for the victim and to offer an opportunity for the victim and the offender to mediate and reconcile after the offense to restore balance and peace to the community. The process involves the participation of the victim, offender, and …

Evil Has A New Name (And A New Narrative): Bernard Madoff, A. Christine Hurt

Faculty Scholarship

No abstract provided.

Commentary On “Inmate Mental Health, Solitary Confinement, And Cruel And Unusual Punishment: An Ethical And Justice Policy Inquiry”, Terry A. Kupers

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Editor’S Statement, David Polizzi

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Arguing The 8th Amendment For The Mentally Ill: Can Aristotle Help?, Annalise Acorn

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Dignity, Virtue, And Punishment: The Ethical Justification Of Disciplinary Segregation In Prisoners, Tony Ward

Journal of Theoretical and Philosophical Criminology

No abstract provided.

Juvenile Delinquency And Violence: Examining International Police And Societal Response, Gordon A. Crews, Angela West Crews

Criminal Justice Faculty Research

This presentation comparatively examines relationships in the United States, Eastern and Central Europe, Scandinavia, and parts of the Middle East among juvenile violence, "heavy metal" music, substance abuse, and participation in occult and "alternative" youth groups (e.g., Wicca, Satanism, vampirism, Goth). We trace the movement of certain groups, behaviors, and preferences and make a correlation between some of these movements and an increase in youth violence and substance abuse. The authors use results from surveys and participant observations in the U.S., Copenhagen, Germany, the Netherlands, & the Middle East (Egypt & Turkey) that indicate, however, that mere participation in these …

Youth Involvement In Alternative Subcultures, Groups, Belief Systems, And Lifestyles: Examining International Police And Societal Response, Gordon A. Crews

Criminal Justice Faculty Research

This presentation comparatively examines relationships in the United States, Eastern and Central Europe, Scandinavia, and parts of the Middle East among juvenile violence, "heavy metal" music, substance abuse, and participation in occult and "alternative" youth groups (e.g., Wicca, Satanism, vampirism, Goth). We trace the movement of certain groups, behaviors, and preferences and make a correlation between some of these movements and an increase in youth violence and substance abuse. The authors use results from surveys and participant observations in the U.S., Copenhagen, Germany, the Netherlands, & the Middle East (Egypt & Turkey) that indicate, however, that mere participation in these …

Youth Involvement In Alternative Subcultures, Groups, Belief Systems, And Lifestyles: Examining International Police And Societal Response, Gordon A. Crews

Criminal Justice Faculty Publications

This presentation comparatively examines relationships in the United States, Eastern and Central Europe, Scandinavia, and parts of the Middle East among juvenile violence, "heavy metal" music, substance abuse, and participation in occult and "alternative" youth groups (e.g., Wicca, Satanism, vampirism, Goth). We trace the movement of certain groups, behaviors, and preferences and make a correlation between some of these movements and an increase in youth violence and substance abuse. The authors use results from surveys and participant observations in the U.S., Copenhagen, Germany, the Netherlands, & the Middle East (Egypt & Turkey) that indicate, however, that mere participation in these …

Juvenile Delinquency And Violence: Examining International Police And Societal Response, Gordon A. Crews, Angela West Crews

Criminal Justice Faculty Publications

This presentation comparatively examines relationships in the United States, Eastern and Central Europe, Scandinavia, and parts of the Middle East among juvenile violence, "heavy metal" music, substance abuse, and participation in occult and "alternative" youth groups (e.g., Wicca, Satanism, vampirism, Goth). We trace the movement of certain groups, behaviors, and preferences and make a correlation between some of these movements and an increase in youth violence and substance abuse. The authors use results from surveys and participant observations in the U.S., Copenhagen, Germany, the Netherlands, & the Middle East (Egypt & Turkey) that indicate, however, that mere participation in these …

The Effect Of The Method Of Execution On Sentencing Determinations In Capital Cases, Adam G. Fera

Theses and Dissertations

The United States has had different methods of execution throughout its history, some of which are viewed to be more humane by the public. The most recent switch was from electrocution to lethal injection. This study is a look at the effect the method of execution on a juror's decision between life and death in capital cases. To this end, data collected by the Capital Jury Project Phase I were statistically analyzed controlling for case-level and demographic variables. The method of execution was found to have a statistically significant effect on the jurors' decision.

Military Might And Political, Economic, And Social Institutions: A Global Time Series Empirical Test Of Terrorism, Jibey Asthappan

Criminal Justice Faculty Publications

"This study, in an effort to uncover root reasons for terrorism, will delve into the issue of terrorism by testing if economic, social, and political factors have an effect on terrorism. It is the intention of this study to suggest policies that address the source of terrorist motivations rather than the symptoms. Using data from RAND and the World Bank that spans 12 years⁸, the researcher uses a negative binomial time series analysis to answer several hypotheses probing the relationship of political, social, and economic institutions’ effect on terrorist incidents. Establishing that terrorism is a rational behavior is …

Creating A Culture Of Accountability: The Prosecution Of Gender Crimes In The Icty, Alice Hansen

Independent Study Project (ISP) Collection

This study investigates if the International Criminal Tribunal for the Former Yugoslavia (ICTY) successfully creates a culture of accountability through its prosecution of gender crime. It first frames the concepts of sexual violence in war as well as accountability theoretically, and describes the historical context of the war in the former Yugoslavia. The ideas of ethnic identity, gender roles, and rape as a war crime are placed against a historical and cultural background. Next, it uses twelve Statements of Guilt issued by the ICTY as a means to discuss the definition and creation of a culture of accountability within the …

Treatment Policies & Programs For Mentally Ill Offenders: A Comparison Of Kentucky And The Nation, Irina Soderstrom, Shenna Smith

Kentucky Justice and Safety Research Bulletin

Approximately 10-15% of the nearly 6 million offenders in U.S. jails, prisons or on probation or parole, suffer from mental illness. Correctional systems are legally mandated to provide treatment, yet they are overwhelmed with the high costs associated with specialized staff training, the hiring of professional mental health providers, psychotropic medications and specialized housing.
This article discusses the prevalence of the problem of the continually increasing numbers of offenders in need of mental health services. The article also presents the results of a national survey of the chief mental health administrators for the state correctional systems across the United States. …

Nebraska Transcript (University Of Nebraska College Of Law), Volume 42, Number 1, Fall 2009

Nebraska Transcript

Client Counseling Team Wins National Championship, International Competition

College of Law Career Services Office: Class of 2008 Employment Statistics

Law Library Tales and Tables

Tom Hazen: from Husker to Tar Heel

Lenich receives praise, recognition for ‘nebraska Civil Procedure’ treatise

Shavers, Denicola will hold interim leadership posts until dean is selected

Lubken given 2008 award of appreciation by Nebraska state bar for volunteer work

Gless' 'History of Nebraska Law' combines his occupation, avocation

To Witt, it’s all about relationships

Ron Hunter: Changed Omaha through history

Daughter helps to preserve Perry Fuller legacy

Cj Times Volume 2, Issue 2, Department Of Criminal Justice

CJ Times (Newsletter)

No abstract provided.

One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll

Scholarly Articles in Law Reviews & Journals

The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.

Provisionally accepting the assumptions of the traditional economic case for intellectual …

Regulating Polygamy: Intimacy, Default Rules, And Bargaining For Equality, Adrienne D. Davis

Women, Gender & Sexuality Studies Faculty Research

Most legal scholarship about polygamy has approached it in one of two ways. Some have framed it as a question of how far constitutional protection for religious freedom and privacy rights extends, including what we might think of as "intimacy liberty," particularly in light of Lawrence v. Texas. Others have debated decriminalization, based on the contested effects of polygamy on matters ranging from women’s subordination to fraudulent behavior to democracy. This Essay shifts attention from the constitutionality and decriminalization debates to a new set of questions: whether and how polygamy might be effectively recognized and regulated, consistent with contemporary social …

Does Gender Impact On Career Progression In The Garda Síochána?, Goretti Sheridan

Dissertations

Little is generally known about the factors affecting the managerial advancement of women in police forces internationally. There is a dearth of research on women and policing in the Garda Síochána. Women are 50 years in policing in Ireland and would appear to have been totally restricted in their progression up until the last decade. The principle aim of this study is concerned with exploring the research question ‘Does Gender Impact on Career Progression in the Garda Síochána?’ It concentrates solely on policewomen. A comprehensive analysis of national and international literature is summarised in a literature review. An extensive examination …

Cook County Sheriff's Reentry Council Quarterly Update (Volume 1, Issue 1: September, 2009), David E. Olson

Criminal Justice & Criminology: Faculty Publications & Other Works

INSIDE THIS ISSUE:

• Sheriff Forms Reentry Council
• First systematic effort to measure recidivism of jail releasees in Cook County
• During calendar year (CY)2008, more than 74,985 individuals were booked into the Cook County Jail nearly 93,000 times
• Reentry Council produces video for detainees
• Sheriff applies for federal support forreentry programs
• Cook County Jail is the largest single-site jail facility in the country
• 85% of males booked into Cook County Jail tested positive for illegal drugs in 2008

What Do Young People Think Of The Gardaí?:An Examination Of Young Peoples Attitudes Toward And Experiences Of The Gardaí, Niamh Feeney

Dissertations

National strategies point toward the importance of young people being consulted in relation to services and policies that affect them. Interest in the attitudes of young people to police has increased in recent decades yet this has not yet been explored in Ireland. This thesis examines the attitudes of a sample of young people in the Garda Dublin Metropolitan Region North to the Gardaí as well as their experiences of contacts with members of An Garda Síochána. This is done mainly through the quantitative research method of a survey. One hundred and three young people aged 15-19 in four different …

An Assessment Of Democratic Policing In The Turkish National Police: Police Officials' Attitudes Toward Recent Police Reforms, Akin Karatay

Dissertations

This study defines democracy, describes democratic policing, analyzes the development of democratic policing principles in the developing country of Turkey and contends that democracy can be enduring only when the police embody democratic values. As Turkey transforms itself in order to become a member of the European Union, the process has fostered national, institutional, cultural and socioeconomic adaptations, all of which lead towards democracy. This process has influenced the Turkish National Police (TNP) as well. In theory, these efforts towards political democratization, legal reform and the adoption of European Union police policy guidelines should have a positive effect on Turkish …

Participatory Evaluation Of The Tribal Victim Assistance Programs At The Lummi Nation And Passamaquoddy Tribe, Ada Pecos Melton, Michelle Chino

School of Public Health Faculty Research

The high rate of crime in American Indian/Alaska Native (AI/AN) communities and/or against AI/AN people reflected in numerous studies in the last three decades, demonstrates the need for victim assistance programs in Indian Country to help victims cope with and heal from violent crime (Wolk 1982; Allen 1985; Sacred Shawl Women’s Society, no date; McIntire 1988; DeBruyn, Lujan & May 1995; Norton & Manson 1995; Fairchild et. al 1998; Greenfield & Smith 1999; Alba, Zieseniss, et al 2003; Perry 2004). The U.S. Department of Justice, Office for Victims of Crime (OVC) became aware of the lack of resources available to …

The Relationship Of Psychology And Social Interest To Disciplinary Infractions Committed By Women Prison Inmates, Katie Lynn Rye Olbinski

All-Inclusive List of Electronic Theses and Dissertations

This study is a direct extension ofNoble's (2006) research that showed that psychopathy and social interest are related to disciplinary infractions committed by male inmates. While Noble's (2006) population used male inmates, this study examined the relationship of these constructs to female inmates' disciplinary infractions. Psychopathy is defined by a lack of empathy, egocentricity, and superficial charm (Cleckley, 1964). Social interest, on the other hand, is characterized by a willingness to cooperate with others and an ability to accept responsibility (Kaplan, 1991 ). Participants in this investigation were 114 female inmates from a prison facility within the Indiana Department of …

The Divergence Of Legal Procedures, Aron Balas, Rafael La Porta, Florencio Lopez-De-Silanes, Andrei Shleifer

Dartmouth Scholarship

Simeon Djankov et al. (2003) introduce a measure of the quality of contract enforcement -- the formalism of civil procedure -- for 109 countries as of 2000. For 40 of these countries, we compute procedural formalism every year since 1950. We find that large differences in procedural formalism between common and civil law countries existed in 1950 and widened by 2000. For this area of law, the findings are inconsistent with the hypothesis that national legal systems are converging, and support the view that legal origins exert long lasting influence on legal rules. (JEL K41, O17)

Examining Attitudes And Perceptions Of Sexual Harassment On A University Campus: What Role Do Myths And Stereotypes Play?, Courtney Crittenden

Masters Theses and Doctoral Dissertations

The attitudes reflecting the apathy our society feels toward sexual harassment is indicated throughout our culture. Many studies focusing on attitudes toward sexual harassment and attitudes toward women have shown the need for continued research. The current study examined attitudes toward sexual harassment and compared them to other attitudes toward women and rape myth acceptance because of increasing evidence that these attitudes are complex and require further study. Three research questions were sought to be answered through this research: 1) Does sexual harassment education/training have an affect on respondent’s acceptance of sexual harassment; 2) Do male and female respondents hold …

Analysis Of Minerals Using Linearly Polarized Infrared Microspectroscopy, Brooke Weinger Kammrath, Pauline E. Leary, John A. Reffner

Forensic Science Publications

This is an extended abstract of a paper presented at Microscopy and Microanalysis 2009 in Richmond, Virginia, USA, July 26 – July 30, 2009.

Legal Analysis Of Off-Hire Clauses, Li Ma

World Maritime University Dissertations

No abstract provided.