Legal Studies Commons^™

Book Review

Journal of Criminal Law and Criminology

No abstract provided.

Higher Education And Early Retirement In The New Jersey State Police, Edward J. Lynskey

Seton Hall University Dissertations and Theses (ETDs)

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The Theory Of Law As Literature, Dennis Patterson

Buffalo Law Review

Book review of Guyora Binder & Robert Weisberg's Literary Criticisms of Law

Migration And Radicalization: Global Futures, Gabriel Rubin

Department of Justice Studies Faculty Scholarship and Creative Works

This book explores the connections between migration and terrorism and extrapolates, with the help of current research and case studies, what the future may hold for both issues. Migration and Radicalization: Global Futures looks at how migrants and terrorists have both been treated as Others outside the body politic, how growing migrant flows borne of a rickety state system cause both natives and migrants to turn violent, and how terrorist radicalization and tensions between natives and migrants can be reduced. As he contemplates potential global futures in the light of migration and radicalization, Gabriel Rubin charts a course between contemporary …

Mark Tushnet: A Personal Reminiscence, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

In this essay the author pays tribute to Mark Tushnet, a prominent scholar of constitutional law and legal history, who also served on the faculty of the Georgetown University Law Center for many years.

Do My Rights Get In The Way Of My Freedom? An Examination Of The Role Of Rights In A Society Of Empowered People, John H. Morris Jr.

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

The Police Officer As Survivor: The Psychological Impact Of Exposure To Death In Contemporary Urban Policing, Vincent E. Henry

Dissertations, Theses, and Capstone Projects

All human encounters with death, whether they involve a casual contact with the death of another person or the realistic threat of one's own demise, have important psychological consequences that result in new modes of adaptation, thought and feeling. In the course of their duties, contemporary urban police officers frequently encounter the deaths of others and some participate in mortal combat situations that credibly threaten their own lives. The psychological dimensions of police officers' professional exposures to the deaths of others are to a large extent shaped by the specific duties and responsibilities prescribed by their formal task environment, while …

Epidemiology Of Deviance, Gordon A. Crews

Criminal Justice Faculty Publications

Deviance (Goode, 1997), in a general sense, is behavior that some members of a given society will find “offensive”. It is behavior which brings about, or would bring about if it were discovered, disapproval, punishment, condemnation, or hostility from another. This is any behavior that is likely to get the actor into “trouble”. Deviance is behavior which is considered to be outside the “bounds” of a given group or society. Another definition, in a more working sense, is “any departure from a social norm which does or could provoke sanctions” (p. 37).

The Supreme Court Justice And "Boring" Cases, Neil M. Richards

Scholarship@WashULaw

This is a short essay discussing the phenomenon of boring cases at the Supreme Court. It examines two letters written by Supreme Court Justices to sick colleagues–a 1903 letter from Chief Justice E.D. White to William Day, and a 1941 letter from William O. Douglas to Hugo Black. The essay argues that one true and underappreciated measure of the worth of a Supreme Court Justice is not merely their ability to be (or at least appear to be) brilliant in the once-a-decade blockbuster cases. Instead, in selecting Supreme Court Justices, we should look just as much at their ability to …

A Space For Co-Constructing Counter Stories Under Surveillance, María Elena Torre, Michelle Fine, Kathy Boudin, Iris Bowen, Judith Clark, Donna Hylton, Migdalia Martinez, 'Missy', Rosemarie A. Roberts, Pamela Smart, Debora Upegui

Publications and Research

Using our experiences as members of a participatory action research committee (from the City University of New York Graduate Center and the Bedford Hills Correctional Facility) documenting the impact of college in a maximum security prison, this essay illustrates the power of Participatory Action Research in the construction of counter stories. We raise for discussion a set of theoretical, methodological and ethical challenges that emerged from the co-production of counter stories under surveillance: the creation of a critical space for producing 'counter knowledge'; the co-mingling of counter and dominant discourses, the negotiation of power over and within research in prison, …

Principles In Public Reasoning About Criminal Justice : Victim Vulnerability, Trust, And Offender Status, Dianne R. Mckillop

Theses: Doctorates and Masters

It is popularly assumed that the public is highly punitive toward criminal offenders and that its reasoning about criminal offences is emotionally and morally based. This assumption has been challenged by social scientists who cite influences of news media and methodological flaws in empirical studies as contributing causes. Public sentiment is a basis for law and the increasing responsiveness of legislator to what is perceived to be public opinion on crime means that accurate information on enduring principles in the public's intuitive reasoning about criminal justice is vital. An initial exploratory study (N = 34) presented members of the public …

Sentencing Decisions : The Public View Of The Effects Of Consequences Of Crime, Offender Remorse And Type Of Crime, Jodie S. Wright

Theses: Doctorates and Masters

The Australian justice system is based in a conventional model of justice with the aim of uniformity in sentencing. It is important to ascertain public opinion on the relevance of different factors to be taken into account at sentencing as accurately as possible, in order to provide informed public opinion which may assist policy makers in making legislation or educating the public on these matters. The current study examined the impact of varying levels of victim harm (high or low) and offender remorse (high or low) for both person and property crimes on sentencing decisions made by both male (n …

Biases Toward Defendants In Joint Criminal Trials, Catherine J. Korda

Theses: Doctorates and Masters

Under the Criminal Code Compilation Act 1913 (WA), any number of individuals may be joined as co-defendants in a single trial, fanning a situation known as a joint trial. The charge/s against each defendant are considered separately and given a separate verdict by the jury. There is considerable debate in the legal arena as to the utility of joint trials, although to date little empirical research exists to substantiate any of the claims made. The present study aimed to contribute to the sparse knowledge base on joint trials by examining the impact of evidence strength on juror decision making in …

The Changing Nature Of Federal Regulation - Dedications, Joel Seligman

Scholarship@WashULaw

In 1911 the failure of state corporation statutes to prevent securities fraud gave rise to the first significant legislative response when Kansas enacted the first well known state securities law. The law was popularly known as a “blue sky” law, because its intention was to check stock swindlers so barefaced that they “would sell building lots in the blue sky.”

After the U.S. Supreme court held that the blue sky law was constitutional in 1917, the blue sky movement swept the country. By 1933 every state except Nevada had a state securities law in effect.

The Nontrial Adversarial Model: Complex Litigation At The Millennium, Joel Seligman

Scholarship@WashULaw

During the past two decades, a non-trial adversarial model has evolved for deciding private securities law claims. Underlying this evolution are three different types of dynamics: (1) a dramatic growth in the size of securities class actions, epitomized by the Washington Public Power Supply System litigation of the 1980s and the Court’s approval of the fraud-on-the-market presumption, rather than a requirement of individual proof of fraud, in Basic, Inc. v Levinson; (2) a significant growth in the cost and litigation leverage of discovery; and (3) a fundamental shift in the political orientation of Congress in securities litigation, illustrated by the …

Sentencing Eddie, Gerard E. Lynch

Faculty Scholarship

The mandatory minimum sentences attached to federal narcotics violations have come in for plenty of criticism. The United States Sentencing Commission in 1991 submitted a lengthy report critical of the mandatory minimum provisions. A political protest organization, Families Against Mandatory Minimums, has been formed, and has gotten some media attention. Newspaper columnists,professional commentators, judges, and academics, have criticized the statutes. Amidst the controversy over President Clinton's last-minute pardons of various offenders, his pardons of a number of marginal defendants sentenced to lengthy terms under these statutes have drawn little or no objection. Even Chief Justice Rehnquist, a strong voice for …

Bankruptcy Court Jurisdiction And Agency Action: Resolving The Nextwave Of Conflict, Rafael I. Pardo

Scholarship@WashULaw

This Comment criticizes a pair of decisions by the United States Court of Appeals for the Second Circuit, FCC v. NextWave Personal Communications, Inc. (In re NextWave Personal Communications, Inc.) and In re FCC, which held that a bankruptcy court lacks jurisdiction to determine whether the Federal Communications Commission is stayed from revoking a debtor's licenses. The Comment argues that the Second Circuit interpreted the bankruptcy court's jurisdiction too narrowly because it failed to distinguish properly between an agency's action as a creditor and as a regulator. It concludes that bankruptcy courts and courts of appeals have concurrent jurisdiction to …

Juvenile Victims Of Property Crimes., David Finkelhor, Richard Ormrod

Crimes Against Children Research Center

Property crime is the most frequent kind of criminal victimization and one with important economic and psychological consequences, although it has not received the same public attention as violent crime in recent years. Property crime victimization rates are much higher for juveniles than for adults, but very little attention has been paid to property crimes against juveniles or the particular features that characterize these crimes. This Bulletin tries to fill this gap by examining the characteristics of property crimes against juveniles. It uses crime information from the National Crime Victimization Survey (NCVS) for 1996–97 and the National Incident-Based Reporting System …

The Douglas County Drug Court: A Comparison Of Recidivism Rates Between Drug Court Participants And Traditionally Adjudicated Drug Offenders, Erika Davis Frenzel

Student Work

Over the years there have been large increases in the number of drug offenders arrested, prosecuted, and sentenced to prison. These increases have lead to an overload of the criminal justice system. This overload prompted states to develop new responses to substance use and drug-related crime. One such innovation is the drug treatment court, which combines accountability and treatment. The goal of these courts is to reduce recidivism and substance use among drug-involved criminal offenders. This study uses data from Douglas County (Nebraska) to compare recidivism rates for participants in the Douglas County Drug Court and traditionally adjudicated drug offenders. …

An Evaluation Of Recidivism Rates For Resolutions Northwest's Victim-Offender Mediation Program, Karin Jewel Stone

Dissertations and Theses

Victim-offender mediation, a component of restorative justice, has been a valuable tool for rehabilitating juvenile offenders since the late 1970s. Victim offender mediation brings crime victims and offenders together to reach agreements for restitution and community healing. Resolutions Northwest, a non-profit organization in Multnomah County, offers a victim-offender mediation program to juvenile offenders and their victims.

The purpose of this study was to analyze the recidivism rates for juvenile offenders who went through Resolutions Northwest's victim-offender mediation program as opposed to offenders who went through the traditional justice system. It was hypothesized that the participants in this program would have …

Why (Not) Vote?, St Mary's University

President's Peace Commission - Programs

The President’s Peace Commission existed from 1984 to 2013 at St. Mary's University. The Commission fostered an ethical commitment to participate in the establishment of world peace and social justice.

This program is about voting, foreign policy and the US presidential election.

A Descriptive Study Of The Kentucky Correctional Industries Program, Irina R. Soderstrom, Thomas C. Castellano, Heather Figaro

Kentucky Justice and Safety Research Bulletin

This bulletin addresses the topic of correctional industry programs. These programs are common across the United States and Europe, and research suggests that they may hold promise for helping accomplish correctional goals. However, correctional industry programs have not been adequately evaluated in the literature.

Broadly Speaking - October, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Alternatives To Incarceration For Substance Abusing Female Defendants/Offenders In Massachusetts, 1996-1998, Carol Hardy-Fanta, Sylvia Mignon

Publications from the Center for Women in Politics and Public Policy

In July 1997, the Massachusetts State Legislature, recognizing the challenge presented by the problem of substance abuse for women in the criminal justice system, authorized funds to the Department of Public Health’s Bureau of Substance Abuse Services for a study of substance using female offenders to be conducted by the John W. McCormack Institute at the University of Massachusetts Boston. Since March 1998, a group of researchers at the McCormack Institute and the Criminal Justice Center at UMass Boston has gathered and analyzed a wealth of quantitative and qualitative information on women offenders in Massachusetts.

This information includes data from …

Juvenile Gangs In Schools: Characteristics, Causes, And Possible Solutions, Gordon A. Crews

Criminal Justice Faculty Research

The purpose of this seminar is to acquaint participants with the ever-changing characteristics, often conflicting issues of causation, and various proposed solutions to the myriad of problems associated with gangs in schools. Special attention is given to the evolving nature of gangs in K-12 educational institutions (e.g., new types of juvenile groups developing and their associated behavior). Traditional subjects such as gang recruitment, initiation, and criminal activity are examined by discussing the many ways they manifest themselves in the school setting. Finally, a conceptual framework is presented by which a school can identify, understand, and begin to address a potential …

Juvenile Gangs In Schools: Characteristics, Causes, And Possible Solutions, Gordon A. Crews

Criminal Justice Faculty Publications

The purpose of this seminar is to acquaint participants with the ever-changing characteristics, often conflicting issues of causation, and various proposed solutions to the myriad of problems associated with gangs in schools. Special attention is given to the evolving nature of gangs in K-12 educational institutions (e.g., new types of juvenile groups developing and their associated behavior). Traditional subjects such as gang recruitment, initiation, and criminal activity are examined by discussing the many ways they manifest themselves in the school setting. Finally, a conceptual framework is presented by which a school can identify, understand, and begin to address a potential …

Kidnaping Of Juveniles: Patterns From Nibrs., David Finkelhor, Richard Ormrod

Crimes Against Children Research Center

The kidnaping of children has generated a great deal of public concern, not to mention confusion and controversy. These crimes, from the kidnaping of the Lindbergh baby to the abduction and murder of Adam Walsh, have been some of the most notorious and highly publicized news stories of recent history, occupying a central place in the fears and anxieties of parents. Yet, an ongoing debate has raged over how frequently such crimes occur, which children are most at risk, and who the primary offenders are.

The Antecedents Of Organized Criminality In Kentucky, Gary W. Potter

Kentucky Justice and Safety Research Bulletin

This Kentucky Justice & Safety Research Bulletin examines the antecedents of modern-day organized crime in Kentucky. The question to be addressed is whether the genesis of organized crime in a predominately rural, southern state, such as Kentucky, follows well-established patterns of development found in historically analyses of Chicago, Philadelphia, New York, and other north-eastern and midwestern locales. This question is addressed by an examination of primary and secondary historical data sources relevant to early forms of organized crime. The research concludes that while Kentucky exhibited strikingly different forms of economic, socal and political organization compared to northeastern and midwestern locales, …

Helping Children Through The Juvenile Justice Syste: A Guide For Utah Defense Attorneys, Paul Wake

Brigham Young University Journal of Public Law

No abstract provided.

Broadly Speaking - May, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.