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Articles 181 - 210 of 865
Full-Text Articles in Legal Theory
One Hundred Tones, One Decision: Exploring Race, Skin Tone, And Motivations For Becoming A Criminal Justice Practitioner, Talisa J. Carter
One Hundred Tones, One Decision: Exploring Race, Skin Tone, And Motivations For Becoming A Criminal Justice Practitioner, Talisa J. Carter
Qualitative Criminology (QC)
"Overall, scholarship finds individuals have similar motivations to work in the criminal justice system. However, several studies acknowledge race and gender can influence motivations to work as justice professionals. Absent from the motivation and criminal justice profession literature is the potential role that skin tone plays. This gap is surprising as research firmly establishes people with darker skin complexions are more likely to negatively experience the criminal justice system. And thereby may find working as a criminal justice practitioner less desirable. Taken together, this raises the question, how does skin tone impact motivations to work in the justice system? To …
"I Went From Being Held Captive To Captivity Again": How The Criminal Legal System Fails Black Women And Girl Survivors Of Sex Trafficking, Cassandra Mary Frances Gonzalez
"I Went From Being Held Captive To Captivity Again": How The Criminal Legal System Fails Black Women And Girl Survivors Of Sex Trafficking, Cassandra Mary Frances Gonzalez
Qualitative Criminology (QC)
"Black women and girls are disproportionately arrested and incarcerated for prostitution and prostitution-related crimes while being sex trafficked. Despite laws and policies meant to discourage criminalization, Black women and girls are profiled and subjected to both interpersonal and state violence due to their victimization. This paper uses one-on-one interviews with thirteen survivors of sex trafficking and exploitation across the United States and their encounters with the criminal legal system and incarceration. Grounded in Black feminist criminology, this research analyzes the experiences of survivors as victims and as criminals. Narratives demonstrate that courts and social services were unprepared, and often unwilling, …
"Trying To Get Free": A Theoretical Centering Of Black Women's Post-Carceral Narratives Of Systemic Unfreedom, Geniece Crawford Mondé
"Trying To Get Free": A Theoretical Centering Of Black Women's Post-Carceral Narratives Of Systemic Unfreedom, Geniece Crawford Mondé
Qualitative Criminology (QC)
"This article examines how Black justice involved mothers navigate the enduring unfreedom of post-imprisonment life. Drawing upon the analytical framework of Black Feminist Criminology (BFC), this paper argues that centering women’s narratives of unfreedom provides a context for understanding and critiquing systemic and structural oppression. Interviews with thirty-three Black formerly incarcerated mothers from two transitional organizations in New York and Massachusetts reveals how women a) Identify instances of structural oppression at the hands of the legal system and the labor market and b) Deploy individual responses that reframe their marginal status by subverting expectations of their roles as mothers and …
"I Literally Role With The Punches": Black And Latina Women Coping Through Parental Incarceration, Melissa E. Noel Mondé, Cherrell Green
"I Literally Role With The Punches": Black And Latina Women Coping Through Parental Incarceration, Melissa E. Noel Mondé, Cherrell Green
Qualitative Criminology (QC)
Racial and ethnic disparities within the criminal legal system have been shown to disproportionately impact Black and Latinx children. Parental incarceration is associated with emotional and psychological stresses for children, but these effects can extend beyond incarceration. Research suggests that parental incarceration is not a discrete event and problems during childhood can exacerbate throughout the life course. Yet, little is known on how challenges faced by parental incarceration transcend to adulthood. Further, an examination on the long-term effects of parental incarceration through the lens of race, ethnicity, and gender remains understudied. In order to address this gap, this study focused …
Do Crime Prevention Through Environmental Design Strategies Deter Taggers? Voices From The Street, Arthur Vasquez, Nina Barbieri, John J. Rodriguez
Do Crime Prevention Through Environmental Design Strategies Deter Taggers? Voices From The Street, Arthur Vasquez, Nina Barbieri, John J. Rodriguez
Qualitative Criminology (QC)
"Crime Prevention Through Environmental Design (CPTED) postulates that jurisdictions can deter crime and antisocial behavior via effective use and proper design of the physical environment. When a jurisdiction implements a CPTED strategy, it makes involvement in criminal behavior more difficult, thereby increasing the chance of being caught. Using interviews with 35 active juvenile street taggers from a large metropolitan area in Texas, this research explores whether implementing CPTED strategies deter offenders from engaging in criminal activity. Results suggest physical barriers, natural surveillance, access, and signage serve as deterrents during the target selection process."
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
The Role Of Recognition In Kelsen's Account Of Legal Obligation And Political Duty, David Ingram
Philosophy: Faculty Publications and Other Works
Kelsen’s critique of absolute sovereignty famously appeals to a basic norm of international recognition. However, in his discussion of legal obligation, generally speaking, he notoriously rejects mutual recognition as having any normative consequence. I argue that this apparent contradiction in Kelsen's estimate regarding the normative force of recognition is resolved in his dynamic account of the democratic generation of law. Democracy is embedded within a modern political ethos that obligates legal subjects to recognize each other along four dimensions: as contractors whose mutually beneficial cooperation measures esteem by fair standards of contribution; as autonomous agents endowed with equal rights; as …
Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva
Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva
Theses and Dissertations
The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home’s …
The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix
The Apostrophic Impasse: Diacritical Remarks On The Stories Of International Law, Legal Decolonial Genealogy And Antony Anghie’S Historiography, Britt L.A.Q. (Haadiya) Hendrix
Theses and Dissertations
The (hi)stories of international law have strengthened the tentacles of coloniality in the legal regime as they continue to taunt the precarious lifeworlds of people, our planet and social imaginaries of an otherwise. The flow of coloniality has similarly rematerialized in decolonial legal theories and the postcolonial historiographical accounts of international law. I intend to demonstrate this colonial revival in the groundbreaking text of Antony Anghie Imperialism, Sovereignty and the Creation of International Law (2005) which challenged the (hi)stories of traditional jurisprudence. The latter was not necessarily a rejection nor negation of Western thought, because I argue that postcolonial historiography …
Snitch. Snake. Mole. Books.: Examining Responses To “Insider/ Outsider” Researchers In Corrections, Talisa J. Carter, Chelsea Thomson
Snitch. Snake. Mole. Books.: Examining Responses To “Insider/ Outsider” Researchers In Corrections, Talisa J. Carter, Chelsea Thomson
Qualitative Criminology (QC)
Qualitative researchers face unique challenges when conducting original data collection within facilities of confinement. These challenges are shaped by a range of factors including the study’s research design, researcher identity, and organizational climate of the facility. Although the barriers of data collection in corrections are known, literature providing context, nuance, and recommendations for overcoming these obstacles is sparse, especially for qualitative fieldwork. This work addresses this gap by examining responses of correctional employees to observational research. During data collection, correctional staff called the primary author “snitch,” “snake,” “mole,” and “Books.” This paper investigates these labels and offers suggestions on how …
“Leave Your Pain Here”: An Illustration Of Therapeutic Jurisprudence Through The Remarks Of Judge Rosemarie Aquilla From The State Of Michigan V. Larry Nassar, Leah Kaylor, Terri L. Weaver, Katherine Kelton
“Leave Your Pain Here”: An Illustration Of Therapeutic Jurisprudence Through The Remarks Of Judge Rosemarie Aquilla From The State Of Michigan V. Larry Nassar, Leah Kaylor, Terri L. Weaver, Katherine Kelton
Qualitative Criminology (QC)
Dr. Lawrence Nassar was the national medical coordinator of the United States of America Gymnastics (USAG), gymnastics team physician/assistant professor at Michigan State University, and the USAG artistic team physician who sexually abused many young women and children under the guise of medical treatments. In an unprecedented legal event, Judge Aquilina allowed anyone who had been impacted by Nassar’s abuse to participate in the pre-sentencing phase by reading a victim impact statement. Judge Aqualina listened to 156 impacted speakers and responded with personalized messages. This paper will examine Judge Aquilina’s responses to the victim impact statements through the lens of …
Using A Trauma-Informed Practice Framework To Examine How South Australian Judges Respond To Trauma In The Lives Of Aboriginal Defendants, Katherine J. Mclachlan
Using A Trauma-Informed Practice Framework To Examine How South Australian Judges Respond To Trauma In The Lives Of Aboriginal Defendants, Katherine J. Mclachlan
Qualitative Criminology (QC)
This article uses a trauma-informed practice framework to examine how South Australian superior court judges acknowledge defendant trauma when sentencing Aboriginal defendants. Trauma-informed sentencing requires that judges realise the presence of trauma, recognise its relevance, respond in a way that is informed by trauma and act to avoid re-traumatisation. By analysing sentencing remarks of 42 defendants identified as Aboriginal, the presence of trauma-informed practice was explored, in terms of judicial decision-making, the sentencing process and the sanction imposed. While not holistic summaries of judges’ reasoning, sentencing remarks are intended to enable the parties and the community to understand sentencing logic. …
White Supremacy And The Future Of Liberal Democracy: The Case Of The Nordic Resistance Movement, Ida Oesteraas
White Supremacy And The Future Of Liberal Democracy: The Case Of The Nordic Resistance Movement, Ida Oesteraas
Qualitative Criminology (QC)
In 2015, the largest neo-Nazi organization in Scandinavia, The Nordic Resistance Movement (NRM) registered as a political party and entered electoral politics in Sweden. Utilizing qualitative content analysis, the current work explores changes in NRM’s rhetoric from before the party entered politics in 2010 and five years later in 2018. Focus centers on NRM’s ideology, what or whom they frame as their threat, and their suggested solutions for constructed problems. Results show fascist rhetoric in both time periods. An argument is made that there is no actual moderation in NRM’s politics by liberal democracy. Rather, far-right extremism is a threat …
Defense, Disrespect, And #Deadly: A Qualitative Exploration Of Precursors To Youth Violence Informed Through Hospital-Based Violence Prevention Program Follow Up, Katherine B. Snyder, Ashley Raposo-Hadley, Charity Evans, Ashley Farrens, Jennifer Burt, Gaylene Armstrong, Julie Garman, Lindsey Wylie, Mark Foxall
Defense, Disrespect, And #Deadly: A Qualitative Exploration Of Precursors To Youth Violence Informed Through Hospital-Based Violence Prevention Program Follow Up, Katherine B. Snyder, Ashley Raposo-Hadley, Charity Evans, Ashley Farrens, Jennifer Burt, Gaylene Armstrong, Julie Garman, Lindsey Wylie, Mark Foxall
Qualitative Criminology (QC)
Success of youth violence intervention and prevention effects, particularly for gun violence, will be enhanced when efforts are appropriately informed by the antecedents and context of violence. Youth violence is guided by social and cultural norms that are shifting with the rise of technology. Bullying, gang violence, and self-directed violence is increasingly found to occur in the online space influencing peer groups across contexts. Through focus groups with youth at risk for violence and victimization, this study finds three themes emerge as common precursors to violence: defense of self or others, disrespect of self or family occurring in traditional community-based …
Nudging Users Towards Data Privacy, Ossama Hanafy
Nudging Users Towards Data Privacy, Ossama Hanafy
Theses and Dissertations
The internet challenges users' privacy in unpreceded ways. Technology companies collect massive amounts of data from online users. They use algorithms that can track and analyze each activity by each user. Even though many users worry about their online privacy, they keep revealing more personal data. This study explores the causes behind online privacy erosion. While tech companies and governments aim to achieve economic and political goals, users are motivated by social motives. Online Privacy erosion leads to many harms to individuals and societies while collecting, processing, and disseminating data. Moreover, this study argues that the current legal approaches, especially …
Common Law With Uncommon Regulations: The Influence Of Legal Tradition On Campaign Finance Regimes, Sky Berry-Weiss
Common Law With Uncommon Regulations: The Influence Of Legal Tradition On Campaign Finance Regimes, Sky Berry-Weiss
Undergraduate Honors Theses
Americans spent $11.4 billion in their last federal election cycle but collectively, the United Kingdom and Canada only spent a little over $550 million in their last general elections. These three states have similarities in democratic governance, economic legacy, and common law legal system grouping but how did they become so separated in campaign finance regulations? Prior research in the field of international comparative campaign finance law is limited and primarily focuses on using political theories to describe the movement of laws toward deregulation or regulation. This research seeks to find what influences the creation, preservation, and deregulation of campaign …
Antitrust Philosophy And Its Impact On Rural Industry, Logan Gary Johnson
Antitrust Philosophy And Its Impact On Rural Industry, Logan Gary Johnson
Honors Thesis
The United States is a nation steeped in values, and tradition. One of these values has always been the preservation of competition in the pursuit of liberty. The philosophical backing of America’s founding can be traced back to a handful of European thinkers, most notably John Locke. The connection between Locke, America’s founding, and continued struggles with antitrust enforcement are worthy of exploration. Though likely unintentional, rural communities have been left to deal with the impacts of weak antitrust enforcement in a number of key sectors. Chief of which is Agriculture. Consolidation is the new norm, with each stage of …
The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith
The Meaning And Malleableness Of Liberty From 1897-1945, Quentin E. Smith
The Purdue Historian
This paper covers how the substance and meaning of liberty changed during the ending years of the Gilded Age (1870-1900) through the beginning ages of the Civil Rights Movement (1954-1968). Economic liberty took shape in the cases Allegeyer v. Louisiana (1897) and Lochner v. New York (1905). Civil liberties would take several more years to come into the Supreme Court’s jurisdiction. The case Gitlow v. New York (1925) began the establishment of incorporation of the Bill of Rights to the states, otherwise known as our fundamental liberties (note: The Supreme Court used selective incorporation, however). In the case U.S. v. …
Against The Death Penalty, Charles Jessup
Against The Death Penalty, Charles Jessup
Departmental Honors & Graduate Capstone Projects
My thesis is an argument against the death penalty. Given that public support for the death penalty in America is at a half-century low (according to the Pew Research Center), the timing could not be more appropriate to examine the death penalty. This research project had a two-step approach: first, ethical theory-based arguments for and against the death penalty were examined. Following that ethical theory-based examination, real-world statistics were applied to these theories to test where they stand in modern society. The findings contained in this research project point to a clear reality that the death penalty in America is …
Elucidation Strategies: A Case Study Of The U.S Supreme Court, Gordon Carroll
Elucidation Strategies: A Case Study Of The U.S Supreme Court, Gordon Carroll
[Archive] Belmont University Research Symposium (BURS)
The research encompassed a study on the consistency in judicial interpretations and factors that influenced U.S. Supreme Court decisions. To do this, the study explored literature and theoretical perspectives relating to judicial interpretations and decisions. The target population entailed officers in the Office of the Solicitor General for their experience in Court rulings. Interviews were conducted among ten respondents, with data collected, coded, and analyzed. The study results were then presented, discussed, and conclusions derived from them. Generally, the study found serious inconsistencies in interpretations not only between justices but also in almost similar cases. Decisions by justices were conflicting …
Time, The Calendar, And Centralized Power In Japan: Relying On The Research Of Yoshiro Okada, Hiroshi Saito
Time, The Calendar, And Centralized Power In Japan: Relying On The Research Of Yoshiro Okada, Hiroshi Saito
Japanese Society and Culture
When, why, how, and by whom was “time” combined with “law” in Japan? This paper scrutinizes the issue based on Yoshiro Okada’s research, especially his most important works: Nihon no Koyomi and his thesis “Meiji no Kaireki: ‘Toki’ no chuo shuken-ka.” It is thus possible to understand how the political authorities used the unification of the calendar system to demonstrate their power and to govern the lives of the nation. Thereafter, “time” was used as a fundamental and important standard for judgment in the science of law, legalism, and the rule of law. In this process, “calendar (time) and law” …
Struggling To Make Good: The Dilemmas Of Fatherhood For Formerly Incarcerated African-American Men, Francis Prior, Steven Farough
Struggling To Make Good: The Dilemmas Of Fatherhood For Formerly Incarcerated African-American Men, Francis Prior, Steven Farough
Qualitative Criminology (QC)
While some have argued that absent low socioeconomic status black fathers are to blame for urban crime and poverty, others have highlighted how mass incarceration disproportionately separates low socioeconomic status black fathers from their children. Less frequently heard and acknowledged in the public conversations about low socioeconomic status black fatherhood and mass incarceration are the voices of those same fathers who have been impacted by the system. How do formerly incarcerated black fathers view their role as fathers? Based on 30 interviews of formerly incarcerated black men recruited from a prisoner reentry organization in a large northeastern city in the …
“Goodbye, My Friencels”: An Analysis Of Incel Suicide Posts, Sarah E. Daly, Albina Laskovsov
“Goodbye, My Friencels”: An Analysis Of Incel Suicide Posts, Sarah E. Daly, Albina Laskovsov
Qualitative Criminology (QC)
While an increasing number of researchers, non-profit organizations, and law enforcement agencies have expressed growing concern about the relationship between involuntary celibates (i.e., incels) and violence, no research to date has examined the potential for suicide and self-harm among men who call themselves incels. This study examines suicide posts shared to incel sub-Reddits that were collected by u/IncelGraveyard (N=80). The posts reveal that the notes discuss six subordinate themes, including the method of their planned attempt, the ways they used the internet, the online incel community, failed alternatives and coping, the effects of their suicide on others, and the afterlife. …
Socialization Across The Three Stages Of The Correctional Services Of Canada's Correctional Officer Training Program: An Ethnographic Study, Rosemary Ricciardelli
Socialization Across The Three Stages Of The Correctional Services Of Canada's Correctional Officer Training Program: An Ethnographic Study, Rosemary Ricciardelli
Qualitative Criminology (QC)
The current ethnographic study reflects my participation in elements of the three stages of the correctional officer training program (CTP) offered by the Correctional Service of Canada (CSC). Unpacking my experience, I use Van Maanen and Schein (1977) theory of organizational socialization to analyze the formal and informal socialization processes inherent to the structure of the training academy. Thematic reflection on informal socialization processes reveal that the pressures tied to module content and testing reinforce values welcomed by CSC, such as organizational commitment, before the recruit’s arrival at the academy. Moreover, at the academy, where the emphasis remains on organizational …
Shame And Justice: Partners Of Individuals On Sex Offender Registries Encourage Policy Reform, Kristan N. Russell, Katie M. Snider, William P. Evans, Shawn C. Marsh
Shame And Justice: Partners Of Individuals On Sex Offender Registries Encourage Policy Reform, Kristan N. Russell, Katie M. Snider, William P. Evans, Shawn C. Marsh
Qualitative Criminology (QC)
Sex offense registration and notification (SORN) policies can contribute to stigma and negative consequences for partners of registered individuals. The present study utilized a self-report questionnaire to ask these partners what they would say to policymakers if given the opportunity. A thematic analysis of the responses revealed three themes which highlight the distinct issues related to registries, describe direct consequences experienced by the partners, and propose changes to existing policy. This study provides valuable insight into the experiences of a hard-to-reach population and can help generate critical discussion around the sweeping impacts SORN policies have on individuals they were not …
Social Supports For Community Corrections Clients: Risk Factors Or Protective Factors?, Lacey Schaefer, Gemma C. Williams, Tenille Ford
Social Supports For Community Corrections Clients: Risk Factors Or Protective Factors?, Lacey Schaefer, Gemma C. Williams, Tenille Ford
Qualitative Criminology (QC)
The significance of social supports throughout an individual’s life-course has been widely documented. However, there is ambiguity about whether social supports are likely to encourage or discourage reoffending. The current study qualitatively examines the kinds of support offered to a sample of probationers and parolees by their social support networks through a thematic analysis of transcripts gained from semi-structured interviews with 15 clients and 16 of their “PoPPs” (parents/partners/peers of probationers and parolees). Results indicate that there are several forms of support provided by correctional clients’ loved ones. These forms of support were well-received by the clients who considered them …
The Conceptual Problems Arising From Legal Pluralism, Jorge Luis Fabra-Zamora
The Conceptual Problems Arising From Legal Pluralism, Jorge Luis Fabra-Zamora
Journal Articles
This paper argues that analytical jurisprudence has been insufficiently attentive to three significant puzzles highlighted by the legal pluralist tradition: the existence of commonalities between different types of law, the possibility of a distinction between law and non-law, and the explanatory centrality of the state. I further argue that the resolution of these questions sets the stage for a renewed agenda of analytical jurisprudence and has to be considered in attempts for reconciliation between the academic traditions of analytical jurisprudence and legal pluralism, often called “pluralist jurisprudence.” I also argue that the resolution of these problems affects the empirical, doctrinal, …
Robert Cover’S Love Of Stories: A Rumination On His Wanting To Discuss The Brothers Karamazov With Me Across Five Conversations During The Last Five Years Of His Life, With An Application To The Chauvin Murder Trial Of 2021, Richard H. Weisberg
Touro Law Review
The field of Law and Literature, perhaps more than any other area of legal studies, has been touched deeply by Robert Cover’s life and work. My interactions with Bob over the last half dozen years of his tragically short life provide an insight, recounted in a somewhat personal vein here, into his profound engagement with stories, with the most enduring part of that revitalized inter-discipline. I specify and illustrate five conversations I had with him during conferences, family interactions, or long New Haven walks beginning in 1981 and ending the day before his untimely death in the Summer of …
Justice In Hybrid-Democracy: Blood Feuds And Albania Post Communism, Isabella Mahan
Justice In Hybrid-Democracy: Blood Feuds And Albania Post Communism, Isabella Mahan
Themis: Research Journal of Justice Studies and Forensic Science
In 1991, Albania shifted from severe communist rule to a regime claiming to be democratic. However, to this day, Albania maintains undemocratic elements. This paper analyzes the impact of hybrid state capacity in the context of state-led justice and the implications for citizen compliance. Albanian culture possesses a deep history of reliance on Kanun and traditional justice in conjunction with the state's inconsistency and unreliability. It further establishes the disconnect between people and the state. Despite attempts to progress towards modernity, traditions of blood feuds reemerged with the movement away from communism. The failure to properly transition from authoritarianism to …
Teaching A Hybrid Administrative Law Simulation Class Using Jurassic Park, Roberto L. Corrada
Teaching A Hybrid Administrative Law Simulation Class Using Jurassic Park, Roberto L. Corrada
Sturm College of Law: Faculty Scholarship
For more than a decade, educators and scholars have been calling for changes in methods of instruction, especially in higher education, based on developments in the field of learning science. This has been true for legal education as well, but additionally based on fundamental shifts in the way legal employers, especially law firms, hire and train new lawyers? These suggested changes for legal education include more emphasis on professional skills training, leadership development, and teamwork. While there has been no dearth of writing about the need for change in legal education, and even about specific outcomes or goals for legal …
The Uncertain Role Of Reliance In The Enforcement Of Charitable Subscriptions, Christine Abely
The Uncertain Role Of Reliance In The Enforcement Of Charitable Subscriptions, Christine Abely
Lewis & Clark Law Review
In cases where charitable promises are made and later retracted, the Restatement (Second) of Contracts provides conflicting guidance as to how a court should factor in reliance by the charity when considering whether to enforce the promised donation by way of promissory estoppel. Specifically, the text of § 90(2) within the Second Restatement provides that a charitable subscription is binding “without proof that the promise induced action or forbearance.” The adoption of this provision represented a departure from the requirement of reliance historically necessary for the enforcement of most types of promises by promissory estoppel. According to the Second Restatement, …