Legal Theory Commons^™

The Interactive Dynamics Of Transnational Business Governance: A Challenge For Transnational Legal Theory, Stepan Wood, Kenneth W. Abbott, Julia Black, Burkard Eberlein, Errol E. Meidinger

Journal Articles

Conflict, convergence, cooperation, competition and other interactions among governance actors and institutions have long fascinated scholars of transnational law, yet transnational legal theorists’ accounts of such interactions are for the most part tentative, incomplete and unsystematic. Having elsewhere proposed an overarching conceptual framework for the study of transnational business governance interactions (TBGI), in this article we propose criteria for middle-range theory-building. We argue that a portfolio of theoretical perspectives on transnational governance interactions should account for the multiplicity of interacting entities and scales of interaction; the co-evolution of social agency and structure; the multiple components of regulatory governance; the role …

White Faces In A Black Movement: Why Their Voices Matter, Chauncey L. Alcorn

Capstones

This story follows the lives of two white activists in New York's Black Lives Matter movement. It examines the largely ignored impact white activists have had on the BLM movement and also explores the history of white activists in the abolitionist and Civil Rights movements. The climax details a highly-publicized spat between rival Black Lives Matter organizations that happened during a Dec. 4 protest to commemorate the one-year anniversary of Officer Daniel Pantaleo's non-indictment in Garner's death. My main character, a white male, was blamed for causing the rift and was asked to step down from his leadership position in …

Adam Calverly, Cultures Of Desistance: Rehabilitation, Reintegration, And Ethnic Minorities, Whitney Threadcraft-Walker

Qualitative Criminology (QC)

"Third in an international series investigating desistance and rehabilitation, Adam Calverly’s Cultures of Desistance builds on the extant desistance literature through a comparative analysis of the impact of micro-, meso-, and macro- level factors on the processes associated with criminal disengagement on Indian, Bangladeshi and Black/Dual Heritage offenders in the Brixton neighborhood of London. The author has previously established expertise in the area of ethnicity and desistance through such as Understanding Desistance from Crime: Emerging Theoretical Directions in Resettlement and Rehabilitation (2005) co-authored with Steve Farrell and Black and Asian Offenders on Probationers (2004). Much of the data presented in …

Variations In Patrol Officers’ Concerns About Racial Profiling Across Communal Contexts, Paul Reck

Qualitative Criminology (QC)

"Numerous studies have explored the issue of racial profiling, but only a few studies have examined how officers view racial profiling and whether such views affect officers’ patrolling of racial minorities. These latter studies generally have found that officers rationalize and dismiss the issue of profiling. However, studies pertaining to citizens’ perceptions of the police and studies identifying policing imperatives that officers associate with particular spaces suggest that there are characteristics of communities that may play an important role in shaping officers’ perceptions of profiling and patrolling of racial minorities. The current study, which is based on ethnographic ride-along interviews …

Editorial, Will Oliver

Qualitative Criminology (QC)

"Welcome to the second issue of the third volume of the Journal of Qualitative Criminal Justice & Criminology, and also my last issue as editor. Four years ago, I was given the opportunity by the president and board of the Southwestern Association of Criminal Justice to start up a new association journal and they liked my idea of a qualitative methods journal that would appeal to not only criminal justice, but to criminology as well. I began putting together an editorial board and was overwhelmed by the positive support I received regarding my ideas for the journal. That made …

Michael Welch, Escape To Prison: Penal Tourism And The Pull Of Punishment, Lindsey L. Upton

Qualitative Criminology (QC)

"Prisons and asylums are unique institutions of confinement that attract our gaze long after they are abandoned. In Escape to Prison, Michael Welch draws attention to ten prison museums across the world where the histories of punishment and control found in each respective culture are presented for our consumption. Welch analyzes prison museums as sites of power and authority. Escape to Prison is an invaluable contribution to cultural criminology because it studies each prison museum in the context of their respective cultures and provides connections between dark tourism and the history of punishment across the globe."

Shaw, Clifford, The Jack Roller, Richard Tewksbury

Qualitative Criminology (QC)

"Learn from the classics. Understand where you came from. Know the past so you won’t repeat it. Be informed about those that have preceded you. Find the foundation your own work is based upon. All of these are viable, valuable, and unfortunately, often unheeded pearls of wisdom. I, for one, can admit that while I’ve espoused these lessons many times, I have not adhered to my own advice. Although we all are well versed (at least for an undergraduate level lecture or two) on the history of our field and the influential scholars and works of the field, unfortunately far …

“Age Is Just A Number In Here”: A Qualitative Study Of Adulthood In A Women’S Prison, Janani Umamaheswar

Qualitative Criminology (QC)

"Desistance from crime is a significant marker of adulthood, while persistence in criminal behavior is inconsistent with a subjective sense of adulthood (Massoglia & Uggen, 2010). To understand the relationship between crime and adulthood in greater detail, however, it is important to understand how offenders interpret and conceptualize the notion of adulthood in the first place. Based on interviews and mail correspondence with 35 incarcerated women, I explore this question through an examination of how incarcerated women construct definitions of adulthood while in prison. The findings indicate that in a restrictive environment marked by a lack of independence, women in …

Exploring Police Legitimacy Perceptions Among Arab And Chaldean Business Owners In Detroit, Vaughn J. Crichlow, Edmund F. Mcgarrell

Qualitative Criminology (QC)

"Most agree that police officers cannot do their jobs effectively without the support of community members. However, little is known about the perceptions of small business owners who could potentially make a meaningful contribution to safety and security in such communities. There is also a paucity of research on immigrant-owned businesses in disorderly urban communities. To address the gap, this study explores the attitudes of small business owners toward the police in Detroit, Michigan, a city known for high levels of violent crime and presents an analysis of the qualitative data collected from in-depth interviews with small business owners (n …

Racially Neutral Policing?: Puerto Rican And Mexican Young Adults’ Experiences With Order Maintenance Strategies, Claudio G. Vera Sanchez, Jacinta M. Gau

Qualitative Criminology (QC)

"Despite the proliferation of seemingly racially neutral police strategies, Latinos continue to report unfavorable views toward police. Limited attention has been given to how urban strategies, such as order maintenance policing, are experienced by young Latino males. The present study uses data from in-depth interviews conducted with male Latino youth in two Chicago neighborhoods: one majority-Latino, predominantly Mexican; and one mixed-race, gentrifying Puerto Rican. Results show that youth in both neighborhoods report enhanced surveillance and aggressive stop-and-frisks. Additionally, neighborhood context shapes the dynamics between police and young Latinos. In the Puerto Rican neighborhood, policing is enmeshed in culture clashes. In …

The Liberal As An Enemy Of Queer Justice, Craig Schamel

Catalyst: A Social Justice Forum

Abstract

Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups …

Philosophical Inquiry And Social Practice, John Henry Schlegel

Journal Articles

No abstract provided.

Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega

Politics Honors Papers

For nearly two centuries following its adoption, the Second Amendment was largely ignored and even referred to as a “dead amendment.” Virtually all legal scholarship considered the right protected by the amendment to be a collective right written into the Constitution to protect local militias from a powerful federal standing army. However, beginning in the late 1970s a surge of libertarian scholarship began to emerge promoting the Second Amendment as a safeguard for an individual right to bear arms without any connection to military service. Promoted by the National Rifle Association and libertarian theorists, the individual-right theory began to gain …

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

"Welcome to the third volume of the Journal of Qualitative Criminal Justice & Criminology. I am pleased to report that the journal is still going strong and manuscripts continue to be submitted on a regular basis. The journal continues to hold its authors to a high standard and as you will note for this issue’s updated analytics, the journal is currently holding a 16.9% acceptance rate. I believe you will see the satisfactory results of maintaining the high standards in this first issue of Volume 3. Lisa Kort-Butler and Michael Killingsworth lead off with a historical analysis of media-crime …

“Were You Drunk At The Time?”: The Influence Of Parole Boards On Accounts And Neutralization Techniques In State Parole Hearings, Danielle Lavin-Loucks, Kristine Levan

Qualitative Criminology (QC)

"This paper examines the collaborative nature of accounts and neutralization techniques that are employed in parole hearings. Prior research using neutralization theory has largely overlooked the role of other actors in the development of neutralizations, examining them through interviews or narratives where interaction is either scripted or limited and thus has little bearing on the production of such accounts. In contrast, this study evaluates real time interaction, examining how parole board members propose, respond to, and modify neutralizations issued by inmates seeking parole. Ethnographic observations of 438 regular parole and parole revocation hearings, videotapes of 40 such hearings from the …

Becoming A Hacker: Demographic Characteristics And Developmental Factors, Kevin F. Steinmetz

Qualitative Criminology (QC)

"Hackers are not defined by any single act; they go through a process of development. Building from previous research and through ethnographic interviews and participant observation, the current analysis examines characteristics which may influence an individual’s development as a hacker. General demographic characteristics are analyzed, the participants’ school experiences are discussed, and perceived levels of parental support and influence are defined. Finally, descriptions of first exposures to technology, the concept of hacking, and the hacking community are presented. The study concludes with theoretical implications and suggestions for future research."

Summer Cop: A Qualitative Study Of Summer Police Officers, Brad Campbell

Qualitative Criminology (QC)

"There are approximately 18,000 police agencies employing 750,000 police officers in the United States in order to police a population over 300 million citizens. In addition, sketchy estimates state there are 400,000 police reserves assisting full-time sworn officers in their duties. One major subgroup of these police reserves are summer police officers (“summer cops”) who serve full-time during the tourist season in mostly beach communities. There has been little to no research into this subpopulation of police officers and little is known about their background and reasons for becoming summer reserve officers. In order to fill this gap in the …

From Burlesque To Grand Theft Auto: An Historical Analysis Of The Treatment Of The Media-Crime Relationship In Criminology Texts, Lisa A. Kort-Butler, Michael Killingsworth

Qualitative Criminology (QC)

"The degree to which criminological scholarship on the mediacrime relationship has been subject to the tides of moral panics is not well-understood, although there are theoretical reasons to hypothesize about the role of scientists in moral panics. Textbooks are one location in which a discipline chronicles its scholarly history and speaks to the public, making texts an important site for understanding how scholars interpret the media-crime relationship. A content analysis of over 200 criminology texts, ranging in publication dates from 1880 to 2012, was conducted. Almost half the texts covered the media-crime relationship. These texts often appeared to be responding …

Sharon S. Oselin, Leaving Prostitution: Getting Out And Staying Out Of Sex Work, Melisa M. Jaris

Qualitative Criminology (QC)

"Leaving Prostitution highlights the critical role that prostitute-serving organizations (PSO) can play in prostitutes’ efforts to leave the sex industry. PSOs can provide prostitutes subsidized housing, employment opportunities, food, transportation, counseling, education, and mentoring. These fundamental amenities offer prostitutes the life choices and confidence needed to leave the sex industry."

Rachel Zimmer Schneider, Battered Women Doing Time: Injustice In The Criminal Justice System, Cortney A. Franklin

Qualitative Criminology (QC)

"Advocacy and scholarly attention directed toward the plight of battered women began in the mid-1970s (del Martin, 1975). Since that time, a host of research has been conducted on the incidence and prevalence of domestic violence, the dynamics of battering relationships (LaViolette and Barnette, 2014), the predictors of why men batter, and the risk of increasing harm for survivors who are courageous enough to leave domestically violent relationships. As Lenore Walker (1977) so insightfully recognized in her early work using a sample of sheltered women who had escaped a domestically violent partner, these relationships are characterized by specific stages and …

Nickie D. Phillips & Staci Strobl, Comic Book Crime: Truth, Justice, And The American Way, Jordan E. Mazurek

Qualitative Criminology (QC)

"In what can be described as an ethnographic content analysis of (super) heroic proportions, Nickie D. Phillips and Staci Strobl’s Comic Book Crime: Truth, Justice, and the American Way provides an in-depth exploration of crime and justice discourses presented in the medium of the comic book in the first decade of the 2000s. The authors employ years of in-depth participant observation in the comic book subculture along with group interviews to inform their analysis of the story arcs in two hundred popular comic book series, along with a number of graphic novels, in the post-9/11 American context. Drawing on a …

S.F. Sharp, Mean Lives, Mean Laws: Oklahoma’S Women Prisoners, Kerri Bellamy

Qualitative Criminology (QC)

"Using a feminist strain approach, Susan Sharp’s Mean Lives, Mean Laws: Oklahoma’s Women Prisoners, investigates the impact of incarceration on women in the Oklahoma prison system and their families. Oklahoma incarcerates women at a rate of 135 per 100,000, the highest in the nation. The book examines this high incarceration rate by investigating factors such as childhood abuse and neglect which may continue into adulthood and that contribute to women’s imprisonment. Sharp makes it clear that once in prison there are few avenues for the women to obtain education and healthcare or to maintain relationships with family on the …

Sutherland, Edwin H., The Professional Thief, Jurg Gerber

Qualitative Criminology (QC)

"Perhaps because he was the son of a minister and raised in a very traditional home (Geis & Meier, 1977, p.24), Edwin Sutherland (1883-1950) had a populist streak and is known for two major contributions to American criminology: the theory of differential association (DA) and the concept of white collar crime (WCC). His classic book entitled The Professional Thief is at the intersection of these two interests, although its influence has been more acknowledged with respect to DA than WCC. This review traces scholarly reactions to the book and its enduring contributions to American criminology."

Alice Goffman, On The Run: Fugitive Life In An American City, Dzhamilia Makashova

Qualitative Criminology (QC)

"Alice Goffman’s On the Run is an ethnographic study of the impacts of the war on drugs and policing in an American urban neighborhood. Her research started during her sophomore year at the University of Pennsylvania in Dr. David Grazian’s urban ethnography class. As a part of the class, Goffman’s assignment was to pick a site to observe and take notes, and she got a job at a cafeteria at the west edge of Penn’s campus with Miss Deena, a Black woman in her sixties who managed the staff. Through this job, Goffman was introduced to Miss Deena’s family and …

Functionally Suspect: Reconceptualizing "Race" As A Suspect Classification, Lauren Sudeall Lucas

Faculty Publications By Year

In the context of equal protection doctrine, race has become untethered from the criteria underlying its demarcation as a classification warranting heightened scrutiny. As a result, it is no longer an effective vehicle for challenging the existing social and political order; instead, its primary purpose under current doctrine is to signal the presence of an impermissible basis for differential treatment.

This Symposium Article suggests that, to more effectively serve its underlying normative goals, equal protection should prohibit not discrimination based on race per se, but government actions that implicate the concerns leading to race’s designation as a suspect classification. For …

Inspiring Public Trust In The Domestic Legal System: The Impact Of The Extraordinary Chambers In The Courts Of Cambodia (Eccc), Jung Min Shin

Independent Study Project (ISP) Collection

No abstract provided.

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …

Copyrights And Creativity: The Affects Of Copyrights On Fairy Tales, Dina Arouri

Honors Program Theses

This work attempts to argue for a correlative relationship between copyright law and the evolution of literary works. It uses the laws and common practices of intellectual property to achieve this hypothesis.

The Making Of A Libertarian, Contrarian, Nonobservant, But Self-Identified Jew, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

Many academics are unaware that I am Jewish, no doubt due, in part, to my last name as well as to my politics, Yet growing up as a Jew in Polish-Catholic Calumet City, Illinois and as a kid from Calumet City attending Temple in Hammond, Indiana made me quite conscious of the tyranny of the majority. This environment, together with the influence of my father, had a deep affect on my views of liberty, justice, individual rights, and the U.S. Constitution. In this brief essay, prepared for a symposium on “Judaism and Constitutional Law: People of the Book,” held at …

Three Globalizations: An Essay In Inquiry, John Henry Schlegel

Journal Articles

No abstract provided.