Legal Studies Commons^™

The Criminalization Of Poverty, Kaaryn Gustafson

Journal of Criminal Law and Criminology

No abstract provided.

Legal Disparities In The Capital Of Capital Punishment, Scott Phillips

Journal of Criminal Law and Criminology

No abstract provided.

The Smell Of Herring: A Critique Of The Supreme Court's Latest Assault On The Exclusionary Rule, Wayne R. Lafave

Journal of Criminal Law and Criminology

No abstract provided.

Protecting Pregnant Women: A Guide To Successfully Challenging Criminal Child Abuse Prosecutions Of Pregnant Drug Addicts, Krista Stone-Manista

Journal of Criminal Law and Criminology

No abstract provided.

Surgery With A Meat Axe: Using Honest Services Fraud To Prosecute Federal Corruption, Randall D. Eliason

Journal of Criminal Law and Criminology

No abstract provided.

Strategery's Refuge, Christopher Seeds

Journal of Criminal Law and Criminology

No abstract provided.

The Dna Of An Argument: A Case Study In Legal Logos, Colin Starger

Journal of Criminal Law and Criminology

No abstract provided.

Aces And Eights: Why The Unlawful Internet Gambling Enforcement Act Resides In Dead Man's Land In Attempting To Further Curb Online Gambling And Why Expanded Criminalization If Preferable To Legalization, Jonathan Conon

Journal of Criminal Law and Criminology

No abstract provided.

Enhancing Sentences For Past Crimes Of Violence: The Unlikely Intersection Of Illegal Reentry And Sex Crimes, Abby Pringle

Journal of Criminal Law and Criminology

No abstract provided.

Duress And The Underlying Felony, Russell Shankland

Journal of Criminal Law and Criminology

No abstract provided.

Criminal Justice Policy Research Institute Newsletter, Portland State University. Criminal Justice Policy Research Institute

Criminal Justice Policy Research Institute Newsletters

Newsletter provides information on:

• Updates on the Criminal Justice Policy Research Institute
• Recent presentations
• Research roundup
• Articles highlight criminology and criminal justice today

Religious Roots Of Punitive Attitudes, Jessica Marie Millares

Criminology & Criminal Justice Theses - Archive

Considerable research has been conducted on the causes of punitive attitudes towards criminal offenders. This study focuses on the possible effects religion may have when influencing opinions on correctional practices. Researchers have primarily focused on Christian fundamentalists and have come to the conclusion that fundamentalist affiliations and belief in biblical literalism has been related to punitive attitudes towards criminals. Religious individuals have been found to support harsher punishments for offenders such as mandatory sentencing and capital punishment.In this study, the relationship between religion and punitive attitudes was examined. It was found that those who believed in the literal interpretation of …

Telecommunications Liberalisation In Africa: Proposed Regulatory Model For The Sadc Region, Z. N. Jobodwana

Journal of Digital Forensics, Security and Law

The liberalisation of the telecommunication industry in Africa, and the further development of the region’s physical infrastructure was accompanied by the further development of Africa’s information, communication and technology infrastructure. Competition within the industry stimulated heavy economic investment in other sectors of the economy. The outcome of liberalisation also included the establishment of community-based structures that continue to enable communities to manage their own development and gain access to information and communication technologies (ICTs) in an unprecedented manner. The telecommunication infrastructure further stimulated the fast development of other related services, for example, ecommerce and mobile commerce (m-commerce), e-government, internet banking, …

The Law V. The Stranger: Language Interpretation And Legal Space In Lexington, Ky, Karen S. Kinslow

University of Kentucky Master's Theses

This thesis examines the role of interpretation in legal encounter in Lexington, Kentucky. Through an analysis of legal and interpretation practices, this study seeks to ascertain how these practices may affect non-native or low-proficiency English speakers’ (LLPs) experiences with both federal and local laws and legal spaces. This place-based study involves in-depth qualitative research. Using the methodological framework of feminist geo-jurisprudence, this research contributes to our understanding of 1) the limits of the publicity of legal space and, more specifically, the ways in which language barriers can prevent legal inclusion; 2) local strategies and tactics for dealing with the challenges …

Self-Reported Cyber Crime: An Analysis On The Effects Of Anonymity And Pre-Employment Integrity, Ibrahim Baggili, Marcus Rogers

Electrical & Computer Engineering and Computer Science Faculty Publications

A key issue facing today’s society is the increase in cyber crimes. Cyber crimes pose threats to nations, organizations and individuals across the globe. Much of the research in cyber crime has risen from computer science-centric programs, and little experimental research has been performed on the psychology of cyber crime. This has caused a knowledge gap in the study of cyber crime. To this end, this research focuses on understanding psychological concepts related to cyber crime. Through an experimental design, participants were randomly assigned to three groups with varying degrees of anonymity. After each treatment, participants were asked to self-report …

For Peter, With Love, John Henry Schlegel

Journal Articles

No abstract provided.

Understanding Deviant Behaviors Through Coercion And Social Support Theory, Maria Nicte-Ha Uribe

Open Access Theses & Dissertations

Mark Colvin, Francis T. Cullen and Thomas Vander Ven (2002) developed an integrated theory of crime called "coercion, social support, and crime" which hypothesizes that coercion and social support are inversely related and that these variables have direct effects on criminal and deviant behavior as well as a combined effect. Specifically if an imbalance between coercion and social support exists, crime is more likely to occur because coercion induces weak social bonds and low self control thereby increasing crime. On the other hand, social support prevents criminal involvement through organized networks of human relations that assist people in meeting their …

Memorial Laws: Social And Media Construction Of Personalized Legislation, 1994-2005, Faith H. Leibman

Dissertations, Theses, and Capstone Projects

This dissertation explores the possibility that certain social, demographic, and political factors have led to the recent adoption by American state legislatures of what are known as Memorial Laws. First enacted in 1994, these laws have become increasingly common. However, there has been little or no formal academic research into them. This investigation aims to provide a preliminary analysis of Memorial Laws and to contribute to a better understanding of the dynamics affecting their passage. Specifically, this study examines a variety of demographic traits of victims and the characteristics of the crimes committed against them in an attempt to determine …

Lawyering In The Academy: The Intersection Of Academic Freedom And Professional Responsibility, Peter A. Joy

Scholarship@WashULaw

The legal academy has given little thought to how practicing law within law schools affects professional responsibilities and is different from representing clients in a traditional law firm or how notions of academic freedom affect lawyering in law schools. Yet repeated attempts to interfere with law clinic representation starkly illustrate how lawyering in the academy might be different, under notions of professional responsibility and academic freedom, from other lawyering or typical law teaching.

Scholarship on interference in clinical programs has focused primarily on the impropriety of interference on the institutional autonomy of law schools by those outside the university, such …

The Forensic Analysis Of Triacetone Triperoxide (Tatp) Precursors And Synthetic By-Products, Kimberly Painter

Electronic Theses and Dissertations

Triacetone Triperoxide (TATP) is a primary high explosive that can be synthesized using commercially available starting materials and has grown in use among terrorists over the past several years. Additives present in the precursors were investigated to see if they carry through the TATP synthesis and can be detected in the final product potentially aiding in the identification of the source. Additives identified in the acetones were also identified in pre-blast and in some post-blast samples. However, these additives are present in trace quantities relative to the TATP, which coupled with the volatility and short lifetimes of some of the …

Interview With Commissioner Of Police George Asiamah, Ghana National Police Service Interviewed By Gordon A. Crews And Angela D. Crews, Gordon A. Crews, Angela D. Crews

Criminal Justice Faculty Publications

In January of 2007, Drs. Gordon and Angela Crews traveled with their graduate assistant, Mr. Kofi Annor Boye-Doe, and Ghanaian Fulbright Scholar, Mr. Ken Aikins, to Ghana, West Africa, in order to conduct a research study. The original research plan was to conduct a three part examination of: 1) the blend of indigenous government (rooted in religious practices and strongly associated with spirituality and mysticism) and state government in the Ghanaian justice system; 2) the treatment of women and children within these systems; and 3) the alternative dispute resolution, restorative justice, and conflict resolution strategies within the two systems.

During …

Education And Crime, Gordon A. Crews

Criminal Justice Faculty Publications

The purpose of this chapter is to provide an overview of the topic of education and crime. While at first glance this appears to be a simple task, there is an inherent complexity in examining such a broad subject. There are many different perspectives from which a discussion of education and crime could develop. Criminologists might assume this would be an overview of the impact that an individual’s education level may have upon their criminal or anti-social behavior. On the other hand, parents might assume this is a discussion of the impact of school violence and crime upon the safety …

The Real Student-Loan Scandal: Undue Hardship Discharge Litigation, Rafael I. Pardo, Michelle R. Lacey

Scholarship@WashULaw

For a debtor to obtain a discharge of educational debt in bankruptcy, an adversary proceeding between the debtor and the creditor must be initiated, and the debtor must establish that repayment of the debt would impose an undue hardship. This empirical study documents and analyzes trial-level outcomes of such proceedings. An original data set has been compiled of all terminated undue hardship discharge proceedings in the U.S. Bankruptcy Court for the Western District of Washington that were commenced during the five-year period beginning on January 1, 2002 and ending on December 31, 2006. The study seeks to provide an account …

An Empirical Examination Of Access To Chapter 7 Relief By Pro Se Debtors, Rafael I. Pardo

Scholarship@WashULaw

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) represents the most significant overhaul of federal bankruptcy law since the Bankruptcy Code’s enactment in 1978. The legislation expanded the grounds on which a debtor’s Chapter 7 case may be dismissed. Moreover, it increased the administrative requirements imposed upon debtors who file for bankruptcy (e.g., increased financial disclosures), which in turn has had the effect of increasing the direct costs of filing for bankruptcy (e.g., filing fees and attorneys’ fees). With this increased complexity in accessing Chapter 7 relief, the question arises whether BAPCPA has had a disproportionate impact …

Setting The Record Straight: A Sur-Reply To Professors Lawless Et Al, Rafael I. Pardo

Scholarship@WashULaw

I have recently engaged in a scholarly exchange with Professors Robert M. Lawless, Angela K. Littwin, Katherine M. Porter, John A. E. Pottow, Deborah K. Thorne, and Elizabeth Warren that debates the conclusions they have drawn in their first report from the 2007 Consumer Bankruptcy Project (the First Report). Unfortunately, the reply of Professors Lawless et al. to my critique mischaracterizes, misinterprets, and does not fully engage with the constructive commentary that I suggested. This sur-reply clarifies the misperceptions and mischaracterizations of my commentary by Professors Lawless et al. and demonstrates that my arguments not only are grounded in a …

Failing To Answer Whether Bankruptcy Reform Failed: A Critique Of The First Report From The 2007 Consumer Bankruptcy Project, Rafael I. Pardo

Scholarship@WashULaw

Over the past quarter century, our knowledge of individuals who seek relief through the consumer bankruptcy system has been derived largely from the information that has been collected and analyzed by the Consumer Bankruptcy Project. The most recent iteration of the Consumer Bankruptcy Project, the 2007 Consumer Bankruptcy Project (the 2007 CBP), extends well beyond prior iterations by drawing a nationwide random sample of bankruptcy filings. The first report published in connection with the 2007 CBP (the First Report or Report) seeks to evaluate the success of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) in sorting …

Deliberation And Strategy On The United States Courts Of Appeals: An Empirical Exploration Of Panel Effects, Pauline Kim

Scholarship@WashULaw

Recent studies have established that decision-making by federal court of appeals judges is influenced not only by the preferences of the judge, but also the preferences of her panel colleagues. Although the existence of these panel effects is well documented, the reasons they occur are less well understood. Scholars have proposed a number of competing theories to explain panel effects, but none has been established empirically. In this Article, I report an empirical test of two competing explanations of panel effects - one emphasizing deliberation internal to a circuit panel, the other hypothesizing strategic behavior on the part of circuit …

How Should We Study District Judge Decision-Making?, Pauline Kim, Margo Schlanger, Christina L. Boyd, Andrew D. Martin

Scholarship@WashULaw

Understanding judicial decision-making requires attention to the specific institutional settings in which judges operate. Yet much of the existing empirical work on federal district courts has failed to take account of the setting in which those judges operate. Too often, empirical studies of the district courts rely on an implicit assumption that judging at the trial court level is fundamentally the same as judging at the appellate level. We argue that this approach is misguided, because the nature of district judges’ work is substantially different from that of appellate judges. For example, unlike in the typical appellate case, a district …

Rethinking Free Speech And Civil Liability, Neil M. Richards, Daniel J. Solove

Scholarship@WashULaw

One of the most important and unresolved quandaries of First Amendment jurisprudence involves when civil liability for speech will trigger First Amendment protections. When speech results in civil liability, two starkly opposing rules are potentially applicable. Since New York Times v. Sullivan, the First Amendment requires heightened protection against tort liability for speech, such as defamation and invasion of privacy. But in other contexts involving civil liability for speech, the First Amendment provides virtually no protection. According to Cohen v. Cowles, there is no First Amendment scrutiny for speech restricted by promissory estoppel and contract. The First Amendment rarely requires …

Making Sense Of Schaumburg: Seeking Coherence In First Amendment Charitable Solicitation Law, John D. Inazu

Scholarship@WashULaw

The Supreme Court shaped its approach to charitable solicitation in a trilogy of cases in the 1980s: Schaumburg v. Citizens for a Better Environment (1980), Secretary of State of Maryland v. Joseph H. Munson Co. (1984), and Riley v. National Federation of the Blind of North Carolina (1988). Owing largely to ambiguity surrounding the concepts of content analysis, tiered scrutiny, and commercial speech emerging during that era, the Court failed to articulate a coherent framework for evaluating regulations of charitable solicitation. The result has left the Court without a clear rationale for the value of charitable solicitation and lower courts …