Legal Theory Commons^™

How Families Of Murder Victims Feel Following The Execution Of Their Loved One’S Murderer: A Content Analysis Of Newspaper Reports Of Executions From 2006-2011, Corey Burton, Richard Tewksbury

Qualitative Criminology (QC)

"Two common assumptions are that family members of murder victims (i.e. co-victims) will achieve closure and perceive a sense of justice following the execution of their loved one’s murderer. Those acting on behalf of co-victims and purporting to represent their best interests often use closure and justice discourses to bolster their arguments in favor of capital punishment in a particular case. However to assume, unequivocally, that family members will view the execution as the last of several steps in the journey to closure and perceived justice is to ignore a significant number of co-victims who may feel differently. Drawing on …

A Formative Approach In Applying A Meta- Ethnography Across The Qualitative Professional Criminal Literature, Douglas J. Wholl, Wilson R. Palacios, John K. Cochran, Christine S. Sellers

Qualitative Criminology (QC)

"This paper aims to introduce and teach readers step-by-step how to conduct a meta-ethnography within the field of criminology. In order to accomplish this, we purposefully selected a very narrow area of study, professional criminals as presented in well-known classic criminological monographs and then further restricted it to a rational choice perspective, a theoretical rubric easily addressed via the meta-ethnography. These limiting decisions were done so that readers would not get lost in the substance of the meta-ethnography. A search of qualitative research monographs and related online bibliographic databases identified a total of 32 research monographs, 6 of which met …

Examining The Decision-Making Processes Of Sex Tourists Using On-Line Data, Thomas J. Holt, April M. Zeoli, Kathleen Bohrer

Qualitative Criminology (QC)

"Criminological research has increasingly focused on the decision- making processes of offenders in order to better understand criminal behavior as a whole. A small body of research has considered how the bounds or limits of offender decision-making are shaped by various factors. In addition, limited research has considered the role of preference and bounded rationality in crimes where long-range planning and careful consideration of options are possible. To that end, this study explores both the factors that influence individual decisions and the way that they interact with preference to shape the decision-making process of sex tourists or individuals who travel …

Van Den Hoonaard, D.K. Qualitative Research In Action: A Canadian Primer, Deborah Landry

Qualitative Criminology (QC)

"Dr. Deborah Van Den Hoonaard has made a distinguished career of applying qualitative methodologies to uncover the rich everyday experiences of marginal populations. Professor Van Den Hoonaard holds a prestigious position as Canada Research Chair in Qualitative Analysis, garnering the respect of her peers for her fieldwork. The savvy experience of a seasoned field researcher unfolds easily in this guidebook, which feels more like a documentary than a methodology textbook. Nodding to the ethnographic traditions of the Chicago School and McGill University (the Canadian version of the Chicago School), her engagement with contemporary approaches is couched in an informed historical …

Louise Westmarland, Gender And Policing: Sex, Power, And Police Culture, Maria D. H. Koeppel

Qualitative Criminology (QC)

"Originally released in 2001, Louise Westmarland’s Gender and Policing has been released with a new publisher. With Routledge’s rerelease of the book, it is necessary to reassess the value of its research in the field of gender and policing to determine if it is still relevant. Throughout the book, Westmarland uses qualitative data to explore gendered themes in United Kingdom police forces. More specifically, her work focuses on whether differential deployment exists in policing based on gender and explores the role of gender within policing culture in several different situations. To analyze possible gendered patterns, Westmarland bases her work on …

“We’Re All Born With Equal Opportunities”: Hegemonic Individualism And Contextual Mitigation Among Delaware Capital Jurors, Ross Kleinstuber

Qualitative Criminology (QC)

"The Supreme Court has ruled that evidence derived from a capital defendant’s life history is crucial for making the reasoned moral judgment that is central to the death penalty’s constitutionality. However, Dunn and Kaplan (2009) suggested that individualism is so embedded in American culture that most people defer to it uncritically, which makes the use of such contextualizing mitigating evidence challenging. Prior studies suggest that capital jurors do not understand mitigation and focus on guilt-related issues when making their sentencing decisions, but they do not examine why this is so. This study extends these prior works by comparing the content …

Geoff K. Ward, The Black Child-Savers: Racial Democracy & Juvenile Justice, Robin D. Jackson

Qualitative Criminology (QC)

"Drawing on biographical details, people’s experiences, and historical documents, Geoff K. Ward examines Black child savers’ efforts and struggles to transform a Jim Crow juvenile justice system into a racially democratic model of juvenile justice. In his first book: The Black Child-Savers: Racial Democracy & Juvenile Justice, Ward describes Black child-savers as concerned Black Americans and their allies who sought racial reform in the juvenile justice system and who intervened on the behalf of Black dependent and delinquent youth. Ward also discusses “the sociocultural origins and organization of Jim Crow juvenile justice as well as the social movement by …

W.E.B. Dubois, The Philadelphia Negro: A Social Study, Howard Henderson

Qualitative Criminology (QC)

"Criminology’s Forgotten Genesis?

Crime is a phenomenon of organized social life, and is the open rebellion of an individual against his social environment. Naturally then, if men are suddenly transported from one environment to another, the result is lack of harmony with the new conditions; lack of harmony with the new physical surroundings leading to disease and death or modification of physique; lack of harmony with social surroundings leading to crime. (DuBois, p. 235) "

Saundra D. Westervelt & Kimberly J. Cook, Life After Death Row: Exonerees’ Search For Community And Identity, Jeanne Subjack

Qualitative Criminology (QC)

"Life After Death Row examines how individuals wrongly sentenced to death adjust to life after their release. The idea for the book arose in 2009, after Westervelt and Cook attended a conference and learned about the different aspects related to wrongful convictions that had yet to be addressed in academia. To gain a more thorough understanding of the events the participants experienced, the authors used life history and feminist methods to conduct their research. Although the current analysis is not necessarily focused on gender, feminist methods are useful here because they can be applied when a researcher “seeks an …

The Structural Injustice Of Forced Migration And The Failings Of Normative Theory, David Ingram

Philosophy: Faculty Publications and Other Works

I propose to criticize two strands of argument - contractarian and utilitarian – that liberals have put forth in defense of economic coercion, based on the notion of justifiable paternalism. To illustrate my argument, I appeal to the example of forced labor migration, driven by the exigencies of market forces. In particular, I argue that the forced migration of a special subset of unemployed workers lacking other means of subsistence (economic refugees) cannot be redeemed paternalistically as freedom or welfare enhancing in the long run. I further argue that contractarian and utilitarian approaches are normatively incapable of appreciating this fact …

How The "Unintended Consequences" Story Promotes Unjust Intent And Impact., Martha T. Mccluskey

Journal Articles

In the guise of critical analysis of the limits of law reform, the familiar phrase “unintended consequences” serves to rationalize rising inequality and to undermine democratic accountability. This paper examines how the phrase promotes a story of disentitlement, using the recent financial crisis as an example. By naturalizing inequality as power beyond law’s reach, this phrase’s message that benign law is likely to bring unequal consequences dovetails with a seemingly contradictory message that benign intent, rather than harmful impact, is what primarily counts for evaluating inequality.

As part of a LatCrit XV symposium taking a “bottom-up” view of the recent …

Analyzing Sexual Expression: Marriage, Prostitution, And The Law, Leah Christiani

Honors Scholar Theses

Marriage and prostitution laws solidify and propagate norms about sexual expression. Marriage law functions positively to dictate the kind of expression that is acceptable, normal, and natural while prostitution law frames the illegal, deviant, and unnatural. The legal benefits offered to those who marry function as an endorsement of a particular type of sexual expression: monogamous, faithful, loving, long term, and procreative. Equally, the criminalization of prostitution solidifies norms about the wrong, illegal unnatural kind of sexual expression; one focused on pleasure and money, not monogamy, fidelity, love, or procreation. These valuations of sexual expression solidified by the law impact …

Reviewing Racism And The Right To Marry: An Analysis Of Loving V. Virginia, Kathryn L. Jordan

Senior Honors Theses

Prior to the 1967 United States Supreme Court case of Loving v. Virginia, many states had laws that banned the intermarriage of whites with black or other minorities. Since then, the number of interracial marriages has increased and the attitudes of society have shifted. This thesis uses Loving as basis to explore the ways in which societal views have changed since the overruling of the anti-miscegenation statutes. It first discusses the culture in America before Loving and then, explains the details of the Loving case. This is then followed by a synopsis of how the culture changed after Loving. After …

The Function Of Indigenous Law In A Modern Economic And Political State: The Cameroon Scenario, Victoria M. Time

Sociology & Criminal Justice Faculty Publications

Using Cameroon as a case study, this research examines if a legal system built primarily upon indigenous laws can serve modern economic, political, and social realities. Indigenous laws have several attractive advantages (such as expediency in dispute resolution, and fostering community cohesiveness), and may fully thrive in a homogenous society. However, after examining the realities in Cameroon, the study concludes that since the society has dozens of tribes with values and traditions which are invariably different, and because the country relies on foreign aid, what is advocated is a system whereby indigenous and formal laws co-exist.

Of Sweatshops And Human Subsistence: Habermas On Human Rights, David Ingram

Philosophy: Faculty Publications and Other Works

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike …

Situationist Torts, John D. Hanson, Michael Mccann

Law Faculty Scholarship

This Article calls for a situationist approach to teaching law, particularly tort law. This new approach would begin by rejecting the dominant, common-sense account of human behavior (sometimes called dispositionism) and replacing it with the more accurate account being revealed by the social sciences, such as social psychology, social cognition, cognitive neuroscience, and other mind sciences. At its core, situationism is occupied with identifying and bridging the gap between what actually moves us, on one hand, and what we imagine moves us, on the other. Recognizing that gap is critical for understanding what roles tort law (among other areas of …

Tenure, Devon W. Carbado, Mitu Gulati

Journal of Legal Education

No abstract provided.

Broadly Speaking - April, 2002, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - January, 2002, Nova Southeastern University

Broadly Speaking

No abstract provided.

Kesan Poligami Terhadap Keluarga Islam : Suatu Kajian Di Langkawi Kedah, Sa'diah Abdul Samad

Student Works (2000-2009)

Kajian berbentuk tinjauan ini bertujuan untuk mclihat apakah kesan-kesan amalan poligami di kalangan penduduk sekitar Langkawi terhadap keluarga. Kesan yang ditinjau adalah terhadap suami sendiri sebagai pengamal poligami, terhadap isteri atau isteri-isteri dan juga anak-anak di dalam keluarga terbabit. Secara khususnya kajian ini bertujuan untuk mencari jawapan kepada soalansoalan berikut: (i) Berapa ramaikah orang-orang Langkawi yang terlibat dengan amalan poligami? (ii) Apakah motif dari perkahwinan kedua atau seterusnya? (iii) Apakah reaksi isteri apabila mengetahui suami mereka berkahwin lagi? (iv) Bagaimanakah hubungan kekeluargaan di dalam keluarga yang mengamalkan poligamj di Langkawi? (v) Apakah masalah-masalah yang timbul di dalam sesebuah keluarga yang …

Mut'ah : Pelaksanaannya Menurut Akta Undang-Undang Keluarga Islam (Wilayah-Wilayah Persekutuan) 1984, Azman Yusof

Student Works (2000-2009)

This research explains the actual concept of mut'ah as stated In al­-Quran and al-Hadith by taking into consideration the opinions of fuqaha' from different teachings. The research emphasizes on the practice of the division of mut'ah after divorce in the Mahkamah Syariah Wilayah Persekutuan Kuala Lumpur with reference to the Islamic Family Law (Federal Territories) Act 1984. This research also covers a few procedures and judgments in cases of mut'ah in this court. The research finds the practice which ensures the rates of the claims parallel the needs of Syarie Law. If there is an argument over the rates of …

Broadly Speaking - November, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - March, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - January, 2001, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - October, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - May, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - April, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - February, 2000, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - December, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.

Broadly Speaking - November, 1999, Nova Southeastern University

Broadly Speaking

No abstract provided.