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Articles 7711 - 7740 of 15108

Full-Text Articles in Legal Studies

Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustlinik Jan 2005

Prisons Of The Mind: Social Value And Economic Inefficiency In The Criminal Justice Response To Mental Illness, Amanda C. Pustlinik

Journal of Criminal Law and Criminology

No abstract provided.

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Developmental Trajectories Of Legal Socialization Among Serious Adolescent Offenders, Alex R. Piquero, Jeffrey Fagan, Edward P. Mulvey, Laurence Steinberg Jan 2005

Developmental Trajectories Of Legal Socialization Among Serious Adolescent Offenders, Alex R. Piquero, Jeffrey Fagan, Edward P. Mulvey, Laurence Steinberg

Journal of Criminal Law and Criminology

No abstract provided.

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When Punishing Innocent Conduct Violated The Eighth Amendment: Applying The Robinson Doctrine To Homelessness And Other Contextual Crimes, Benno Weisberg Jan 2005

When Punishing Innocent Conduct Violated The Eighth Amendment: Applying The Robinson Doctrine To Homelessness And Other Contextual Crimes, Benno Weisberg

Journal of Criminal Law and Criminology

No abstract provided.

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Book Review Jan 2005

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

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Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman Jan 2005

Defense Witness As Accomplice: Should The Trial Judge Give A Care And Caution Instruction, Clifford S. Fishman

Journal of Criminal Law and Criminology

No abstract provided.

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Delinquency And Gun Violence: The Intervening Role Of Values Toward Guns, Ryan E. Spohn Jan 2005

Delinquency And Gun Violence: The Intervening Role Of Values Toward Guns, Ryan E. Spohn

Criminology and Criminal Justice Faculty Publications

The current research project examines the intervening role of values towards gun possession and gun use in predicting involvement of high school-aged males in general delinquency and gun-related delinquency. As the first step of the project, we examine the factors that influence the values that the youth have towards gun possession and gun use. The most important factors producing positive values towards guns are a need for protection, having friends who carry guns, being a gang member, and being a victim of a gun crime. In contrast, frequency of church attendance reduces such values. As the next step, we examined …

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Minority Threat And Police Strength From 1980 To 2000: A Fixed-Effects Analysis Of Nonlinear And Interactive Effects In Large U.S. Cities, Stephanie L. Kent, David Jacobs Jan 2005

Minority Threat And Police Strength From 1980 To 2000: A Fixed-Effects Analysis Of Nonlinear And Interactive Effects In Large U.S. Cities, Stephanie L. Kent, David Jacobs

Sociology & Criminology Faculty Publications

Many studies have assessed threat theory by investigating the relationships between the size of minority populations and police strength. Yet these investigations analyzed older data with cross-sectional designs. This study uses a fixed-effects panel design to detect nonlinear and interactive relationships between minority presence and the per capita number of police in large U.S. cities in the last three census years. The findings show that the relationship between racial threat and the population-corrected number of police officers has recently become considerably stronger. In accord with theoretically based expectations, tests for interactions show that segregated cities with larger African American populations …

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Using Discrete System Simulation To Model The Lane County Criminal Justice System, Olgay Cangur, Bob Denouden, Bud Reiff, Wayne Wakeland Jan 2005

Using Discrete System Simulation To Model The Lane County Criminal Justice System, Olgay Cangur, Bob Denouden, Bud Reiff, Wayne Wakeland

Complex Systems Faculty Publications and Presentations

The goal of the study is to provide a comprehensive simulation of the Lane County criminal justice system from arrest to release from parole. The study's focus is to determine the bottlenecks of the system and how they effect the key outcomes.

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Enforcing The Fair Housing Act: Can Agency Interpretations Override Congressional Intent In Anti-Discrimination Legislation?, Francesca Laguardia Jan 2005

Enforcing The Fair Housing Act: Can Agency Interpretations Override Congressional Intent In Anti-Discrimination Legislation?, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

On October 12, 2005, the Southern District of New York ruled that the New York State Attorney General was enjoined from enforcing state laws prohibiting discriminatory lending against national banks.1 The court found in favor of the Office of the Comptroller of the Currency (OCC), the federal regulator of national banks. The OCC claimed that while state fair lending laws had not been preempted, the New York State Attorney General’s (OAG) authority to enforce those laws had been preempted by a series of federal statutes and OCC-written regulations that give the OCC exclusive authority to bring any enforcement action against …

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Judicial Selection: Ideology Versus Character, Lawrence B. Solum Jan 2005

Judicial Selection: Ideology Versus Character, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Part I of Judicial Selection: Ideology versus Character sets the stage for an argument that character and not political ideology should be the primary factor in the selection of judges. Political ideology has played an important role in judicial selection, from John Adams's entrenchment of federalists as judges after the election of 1800 to the Roosevelt's selection of progressives, liberals, and New Dealers, the contemporary era, from the failed nominations of Fortas, Haynsworth, Carswell to the defeat of Robert Bork, the narrow confirmation of Clarence Thomas. But until recently, political ideology has played its role behind the scenes--mostly off the …

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Regional Readiness For Intelligence Information Sharing To Support Homeland Security, Christine Genet Kemp Jan 2005

Regional Readiness For Intelligence Information Sharing To Support Homeland Security, Christine Genet Kemp

Electronic Theses and Dissertations

The Markle Task Force on National Security in the Information Age was created to produce recommendations on how to best leverage intelligence and information to improve security without compromising existing civil liberties. Their second report proposed that the government set up an information-sharing network using currently available technology to improve our ability to prevent terrorist attacks, while protecting civil liberties. The Markle recommendations have been incorporated into the recent Intelligence Reform and Terrorism Prevention Act of 2004. The proposition is that the Markle task force recommendations are sufficient to achieve the required data integration in the United States. To affirm …

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Recovering Digital Evidence From Linux Systems, Philip Craiger Jan 2005

Recovering Digital Evidence From Linux Systems, Philip Craiger

Publications

As Linux-kernel-based operating systems proliferate there will be an inevitable increase in Linux systems that law enforcement agents must process in criminal investigations. The skills and expertise required to recover evidence from Microsoft-Windows-based systems do not necessarily translate to Linux systems. This paper discusses digital forensic procedures for recovering evidence from Linux systems. In particular, it presents methods for identifying and recovering deleted files from disk and volatile memory, identifying notable and Trojan files, finding hidden files, and finding files with renamed extensions. All the procedures are accomplished using Linux command line utilities and require no special or commercial tools.

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Undue Hardship In The Bankruptcy Courts: An Empirical Assessment Of The Discharge Of Educational Debt, Rafael I. Pardo, Michelle R. Lacey Jan 2005

Undue Hardship In The Bankruptcy Courts: An Empirical Assessment Of The Discharge Of Educational Debt, Rafael I. Pardo, Michelle R. Lacey

Scholarship@WashULaw

The discharge in bankruptcy embodies the policy that relief should be granted to an individual who has ceased to be economically productive by virtue of burdensome debt obligations (the fresh start policy). Once the debtor has been deemed eligible for discharge, forgiveness of debt is automatic, accomplished through legislative rule and its judicial enforcement. With regard to the discharge of educational debt, however, Congress has devolved the exercise of debt relief to courts. An obligation to repay such debt will be discharged if a debtor establishes that undue hardship would be suffered in the absence of its discharge. A court …

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Investment Banks As Fiduciaries: Implications For Conflicts Of Interest, Andrew F. Tuch Jan 2005

Investment Banks As Fiduciaries: Implications For Conflicts Of Interest, Andrew F. Tuch

Scholarship@WashULaw

Investment banks play an intermediary role in the financial system that is integral to its efficient operation. A core, and highly visible, part of their work involves providing financial advisory services to institutional clients on transactions that have strategic importance, such as mergers and acquisitions. As these services are but one aspect of the broad and diverse range of financial services that investment banks typically provide, challenges such as conflicts of interest inevitably arise. Somewhat anomalously, the question of whether these firms owe fiduciary duties to their clients when providing financial advisory services has received little regulatory, judicial or scholarly …

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Reconciling Data Privacy And The First Amendment, Neil M. Richards Jan 2005

Reconciling Data Privacy And The First Amendment, Neil M. Richards

Scholarship@WashULaw

This article challenges the First Amendment critique of data privacy regulation–the claim that data privacy rules restrict the dissemination of truthful information and thus violate the First Amendment. The critique, which is ascendant in privacy discourse, warps legislative and judicial processes by constitutionalizing information policy. Rejection of the First Amendment critique is justified on three grounds. First, the critique mistakenly equates privacy regulation with speech regulation. Building on scholarship examining the boundaries of First Amendment protection, this article suggests that speech restrictions in a wide variety of commercial contexts have never been thought to trigger heightened First Amendment scrutiny, refuting …

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Disclosure As A Strategy In The Patent Race, Scott Baker, Claudio Mezzetti Jan 2005

Disclosure As A Strategy In The Patent Race, Scott Baker, Claudio Mezzetti

Scholarship@WashULaw

Research firms disclose a surprisingly large amount of information to the patent office through “targeted” disclosures, that is, disclosures intended to make the patent office aware of potentially patentable information. Conventional wisdom holds that these disclosures are made for defensive purposes; the disclosing firm does not itself plan to pursue patents related to the disclosed information, so the firm discloses to create prior art that might stop rivals from patenting. But firms have an incentive to disclose even if they intend to pursue patent protection. The reason is that, by making it more difficult to patent, disclosure extends the patent …

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Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm Jan 2005

Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm

Criminal Justice & Criminology: Faculty Publications & Other Works

No abstract provided.

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Empirically Testing Dworkin's Chain Novel Theory: Studying The Path Of Precedent, Stefanie A. Lindquist, Frank B. Cross Jan 2005

Empirically Testing Dworkin's Chain Novel Theory: Studying The Path Of Precedent, Stefanie A. Lindquist, Frank B. Cross

Scholarship@WashULaw

In this article, Professors Lindquist and Cross empirically study the effect of precedent on judicial decision-making. The framework for their analysis is Ronald Dworkin’s “chain novel” metaphor, an influential theory of the role of precedent whose validity has not previously been empirically tested. The chain novel metaphor suggests that the judicial use of precedent can be likened to a group of authors writing a novel seriatim, in which the accumulation of chapters increasingly constrains the choices and freedom of subsequent writers. Precedent is one of the most important areas of legal research, but currently there is no dominant working theory, …

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Mediating Norms And Identity: The Role Of Transnational Judicial Dialogue In Creating And Enforcing International Law, Melissa A. Waters Jan 2005

Mediating Norms And Identity: The Role Of Transnational Judicial Dialogue In Creating And Enforcing International Law, Melissa A. Waters

Scholarship@WashULaw

This article proposes a new theory for understanding the emerging transnational judicial dialogue among the world's domestic courts, as well as U.S. courts' potential participation in that dialogue. Existing scholarship has focused almost exclusively on the role of domestic courts in internalizing international legal norms into domestic legal systems. I argue that the relationship between international and domestic legal norms is in fact a co-constitutive, or synergistic, relationship in which domestic courts are becoming active participants in the dynamic process of developing international law. Under this view, transnational judicial dialogue is the engine by which domestic courts collectively engage in …

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People, Places, And Perspectives: An Exploration Of The Contextual Effects On Gender Work Role Attitudes, Tracy Amanda Milligan Jan 2005

People, Places, And Perspectives: An Exploration Of The Contextual Effects On Gender Work Role Attitudes, Tracy Amanda Milligan

UNF Graduate Theses and Dissertations

This research examines possible contextual effects upon gender role attitudes in the United States related to women's employment outside ofthe household. The study included individual-level data, mother's previous work status and mother's educational attainment, not previously analyzed in a hierarchical linear model and state-level data not previously investigated, particularly state median household income. The primary analyses focus upon the contextual effects of state-level educational attainment and income. Analyzing General Social Survey data from 1994 to 2002, these contextual data were not found to have an effect upon the gender work role beliefs. In fact, none of the examined state-level variables …

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Domestic Violance In The First-Year Torts Curriculum, Jennifer B. Wriggins Dec 2004

Domestic Violance In The First-Year Torts Curriculum, Jennifer B. Wriggins

Journal of Legal Education

No abstract provided.

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The Transformation Of An Academic Discipline: Law Professors In The Past And Future (Or Toy Story Too), Stephen M. Feldman Dec 2004

The Transformation Of An Academic Discipline: Law Professors In The Past And Future (Or Toy Story Too), Stephen M. Feldman

Journal of Legal Education

No abstract provided.

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Book Review Of English Lawyers Between Market And State: The Politics Of Professionalism, Harry Arthurs Dec 2004

Book Review Of English Lawyers Between Market And State: The Politics Of Professionalism, Harry Arthurs

Journal of Legal Education

No abstract provided.

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Justice For All?: Victim Satisfaction With Restorative Justice Conferences., Sarah Anne Behtz Dec 2004

Justice For All?: Victim Satisfaction With Restorative Justice Conferences., Sarah Anne Behtz

Electronic Theses and Dissertations

While the process of restorative justice is fairly new, several programs have been implemented globally and found to be effective in various aspects over the past 30 years. Very little empirical research has been gathered from these global programs though members of the criminal justice community as well as members of the general public have expressed interest in learning more about the programs and effectiveness and opinions of the programs. This study takes a closer look at what victims have expressed as being important to them regarding the criminal justice system, and satisfaction with how their cases are handled in …

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Marijuana Use By Juveniles: The Effects Of Peers, Parents Race, & Drug Abuse Resistance Education., Daniel J. Moeser Dec 2004

Marijuana Use By Juveniles: The Effects Of Peers, Parents Race, & Drug Abuse Resistance Education., Daniel J. Moeser

Electronic Theses and Dissertations

The purpose of this study was to analyze the factors that affect the use of marijuana by juveniles and how outside influences such as peer pressure, race, parental influence, and prevention programs such as the Drug Abuse Resistance Education (D.A.R.E.) contribute to the use of marijuana by juveniles. All of the variables used in this study came from the Gang Resistance Education and Training (G.R.E.A.T.) data collected by Esbensen and Osgood (1999). The analysis indicated that juveniles are most influenced by their peers such as friends, that African American juveniles would be less likely than Whites and Hispanics to become …

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Copyright Law And Digital Millennium Copyright Act, Neda Ballard Panula Dec 2004

Copyright Law And Digital Millennium Copyright Act, Neda Ballard Panula

Honors Capstones

Capstone submitted as a graduation requirement for the BSU Honors Program.

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Child Pornography: Patterns From Nibrs., David Finkelhor, Richard Ormrod Dec 2004

Child Pornography: Patterns From Nibrs., David Finkelhor, Richard Ormrod

Crimes Against Children Research Center

Presents findings from the FBI’s National Incident-Based Reporting System (NIBRS). By collecting data on pornography/obscene material offenses from law enforcement jurisdictions, NIBRS enables researchers to draw conclusions about the number, locations, and characteristics of these crimes. NIBRS data suggest that approximately 2,900 crime incidents of pornography with juvenile involvement were known to state and local police in 2000; these offenses most often were committed by a lone adult male offender, occurred in a residence, and did not involve a computer. Currently, NIBRS data represent about 14 percent of the population. As more jurisdictions support uniform reporting of accurate data to …

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Racial Disparity In Chicago Arrests, 1998-2002, Jenelle A. Robinson Dec 2004

Racial Disparity In Chicago Arrests, 1998-2002, Jenelle A. Robinson

All-Inclusive List of Electronic Theses and Dissertations

Concerns of racial disparity in the criminal justice system have been the subject of public attention for decades. This study examines racial disparity in Chicago arrests from 1998-2002 and compares the levels of disparity in Chicago to these the nation. The study provides an average percentage of arrests for all given years for each race/ethnic group and compares that to the percentage of the population for each race/ethnicity to see if racial disparity exists. Results suggest that the largest disparities exist for Blacks, Hispanics, and Native Americans for both Chicago and the nation.

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Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan Dec 2004

Intimate Partner Violence And The Justice System: An Examination Of The Interface, Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

Women entering the court system face a challenging experience, in part, because a courtroom can be an intimidating and difficult place for any person, and in part because women victimized by crimes in which the offender is known to them face distinctive difficulties when they seek the court’s remedies. The interface is also made more challenging for women as the literature offers disparate findings as to the efficacy of criminal justice responses and civil remedies. This article briefly explores the unique characteristics of intimate partner violence cases that influence the interface of these victims with the court system.Areviewis provided of …

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Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan Dec 2004

Toward A National Research Agenda On Violence Against Women: Continuing The Dialogue On Research And Practice [Part Two], Carol E. Jordan

Office for Policy Studies on Violence Against Women Publications

No abstract provided.

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