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Articles 1 - 30 of 36
Full-Text Articles in Legal Theory
Islands In The Sun: Lawfare And Great-Power Competition In The Indo-Pacific, Clayton T. Russo
Islands In The Sun: Lawfare And Great-Power Competition In The Indo-Pacific, Clayton T. Russo
Graduate Theses/Dissertations
This thesis examines the U.S.-Japan Mutual Defense Treaty and its future considering the recent developments in the international security environment. The 2018 National Defense Strategy brought back an emphasis on Great Power Competition, fundamentally transforming the role of U.S. alliances to address new challenges. In the 2021 budget, the Pacific Deterrence Initiative (PDI) has prioritized the People’s Republic of China as the number one pacing threat to theUnited States, drastically shifting international focus away from the Middle East and towards East Asia. In conjunction with funding new capabilities through the PDI, the U.S. will need to conceive new legal doctrines …
Legal Positivism As A Theory Of Law’S Existence: A Comment On Margaret Martin’S "Judging Positivism", Jorge Luis Fabra-Zamora
Legal Positivism As A Theory Of Law’S Existence: A Comment On Margaret Martin’S "Judging Positivism", Jorge Luis Fabra-Zamora
Journal Articles
This comment critically examines the conception of legal positivism that informs Margaret Martin’s interesting and multilayered challenge against the substance and method of this intellectual tradition. My central claim is that her characterization of the substantive theory of legal positivism sets aside a more fundamental and explanatory prior dimension concerning the positivist’s theory of the existence of legal systems and legal norms. I also argue that her understanding of the positivist’s descriptive methodology as a nonnormative project is too demanding and overlooks both the relationships between law and morality recognized by contemporary legal positivists and the pivotal distinction between internal …
The Return Of A Judicial Artifact? How The Supreme Court Could Examine The Question Of The Nondelegation Doctrine’S Place In Future Cases, Dalton Davis
Helms School of Government Undergraduate Law Review
No abstract provided.
Recreation And Realization: Reported Motivations Of Use Among Persons Who Consume Psychedelics In Non-Clinical Settings, Cindy Brooks Dollar
Recreation And Realization: Reported Motivations Of Use Among Persons Who Consume Psychedelics In Non-Clinical Settings, Cindy Brooks Dollar
Qualitative Criminology (QC)
"Psychedelic research is said to be going through a renaissance with widespread public and political attention on psychedelics’ ability to clinically resolve various medicalized issues. The prevailing cultural narrative of psychedelics almost touts it as a panacea when used in regulated, clinical settings under the supervision of a trained guide. While clinical studies are certainly informative, it is important to recognize that most psychedelic use takes place in social settings, not clinical ones. This paper seeks to expand the narrative on psychedelic research by presenting in-depth interview data on a diverse sample of 30 persons who report using psychedelic substances …
Everyday Aesthetics, Space, And The Sensory: Fear Of Crime And Affect In Inner Sydney, Murray Lee, Jonathan Jackson, Justin R. Ellis
Everyday Aesthetics, Space, And The Sensory: Fear Of Crime And Affect In Inner Sydney, Murray Lee, Jonathan Jackson, Justin R. Ellis
Qualitative Criminology (QC)
"In this paper we explore pre-conscious aesthetic and sensorial aspects of affect in fear of crime. Drawing on data from focus groups undertaken in inner Sydney, Australia, we link the sensory and aesthetic preconditions of fear of crime to its affective, behavioural and cognitive elements. We argue that fear is grounded in the structural, personal and inter-subjective components of individual’s lives and their interaction with physical and social environments, which then influence how individuals cognitively understand their own risks and react behaviourally to these emotional responses. By bringing alive the importance of environmental cues and the cultural and structural positions …
Conducting A Systematic Social Observation Of Body-Camera Footage: Methodological And Practical Insights, Vijay Chillar, Eric Piza, Victoria Sytsma
Conducting A Systematic Social Observation Of Body-Camera Footage: Methodological And Practical Insights, Vijay Chillar, Eric Piza, Victoria Sytsma
Qualitative Criminology (QC)
"Increased use of video recording technologies such as drones, smartphones, CCTV, and body-worn cameras (BWCs), provides researchers with modes for observing human behavior in their natural settings. Although not originally intended for empirical inquiry, these data sources facilitate a video data analysis (VDA) framework used in the social sciences. BWCs represent an emerging technology within this framework, and BWC footage provides valuable insight into situational dynamics at play during various social phenomena. When combined with systematic social observation (SSO), researchers are well-equipped to unpack social phenomena in a manner that overcomes many challenges of traditional qualitative methodologies. This article incorporates …
“I’M Doing Everything Right All Over Again”: How Women Manage Exiting Street Prostitution Over Time, Nili Gesser, Corey Shdaimah
“I’M Doing Everything Right All Over Again”: How Women Manage Exiting Street Prostitution Over Time, Nili Gesser, Corey Shdaimah
Qualitative Criminology (QC)
"Exiting the criminalized sale of sex, which we refer to as prostitution, is a complex, recursive process which has been rarely studied longitudinally. Using typical case sampling, we selected two respondents from a two-year ethnographic study of a courtaffiliated diversion program in Philadelphia who participated in a total of eight interviews. Saldaña’s (2009) seldom-used longitudinal coding method was applied to conduct a fine-grained analysis of participants’ perceptions of exiting prostitution over time, focusing on participants’ motivations and actions. Respondents managed expectations of others and themselves and their sense of self-worth within a context of changing relationships, structural opportunities, accomplishments and …
Indigenous Reintegrative Shaming: A Comparison Of Indigenous Legal Traditions Of Canada And Braithwaite's Theory Of Reintegrative Shaming, Emily Sinclair
Indigenous Reintegrative Shaming: A Comparison Of Indigenous Legal Traditions Of Canada And Braithwaite's Theory Of Reintegrative Shaming, Emily Sinclair
Bridges: An Undergraduate Journal of Contemporary Connections
Upon the arrival of European settlers in Canada, Indigenous legal traditions have continuously been undermined as customary law with an insignificant role in crime prevention and sanctioning. This paper will argue that Indigenous legal traditions deserve a larger role in Indigenous self-governance as their customs demonstrate aspects of crucial crime prevention theories such as Braithwaite’s theory of reintegrative shaming. The interconnection between reintegrative shaming and Indigenous legal traditions pre-contact and post-contact demonstrate concepts of community socialization, informal sanctions and restorative practices that foster the wellbeing of the community, victims and offenders. As such, Braithwaite’s theory demonstrates the importance of each …
Reflections On The Value Of Socio-Legal Approaches To International Economic Law In Africa, Olabisi D. Akinkugbe
Reflections On The Value Of Socio-Legal Approaches To International Economic Law In Africa, Olabisi D. Akinkugbe
Articles, Book Chapters, & Popular Press
In their introductory essay to the 2021 Chicago Journal of International Law Symposium, Daniel Abebe, Adam Chilton, and Tom Ginsburg offer an account of “the rise of the social science approach to international law, explain the basics of the method, and advocate for its continued adoption.”
This Essay critically assesses how and why one might use socio-legally inspired methods (analytical, empirical, and normative) for the study of international economic law (IEL) in Africa. It illustrates the empirical method’s importance in understanding one of the most challenging aspects of the study of IEL in Africa: capturing the data and dynamism of …
Editor's Introduction To Comments On The Crimcon Controversey, Scott Jacques
Editor's Introduction To Comments On The Crimcon Controversey, Scott Jacques
Qualitative Criminology (QC)
This piece introduces two comments and a rejoinder on the “CrimCon Controversy.” I learned of the controversy on Twitter, in early January 2021.
The Crimcon Controversy: An Essay Addressing Irb Approval, Informed Consent, And The Interpretation Of Results, Kevin Buckler, Eryn O'Neal
The Crimcon Controversy: An Essay Addressing Irb Approval, Informed Consent, And The Interpretation Of Results, Kevin Buckler, Eryn O'Neal
Qualitative Criminology (QC)
"In “COVID-19 and academia: Considering the future of academic conferencing,” Reinhard, Stafford, and Payne (2021) present findings based on an analysis of video and audio-recorded CrimCon presentations. The study’s ethics are questionable. A concern is that the investigators did not seek the informed consent of participants. In this essay, we discuss the federal human subjects regulatory definition of “human subjects,” and explain how it substantiates our concern in light of the facts.1 Key among them is that a coinvestigator, Payne, was also on the board that organized the conference, the Criminology Consortium. As such, he was involved in the development …
A Test Of Leadership: Insight From Two Women From The Founding Crimcon Board, Joan Antunes, Breanna Boppre
A Test Of Leadership: Insight From Two Women From The Founding Crimcon Board, Joan Antunes, Breanna Boppre
Qualitative Criminology (QC)
"We write this commentary as two former members of the founding Criminology Consortium (CrimCon) board. In this essay, we share our gendered experiences with respect to the board’s role in Reinhard, Stafford, and Payne’s (2021) article, “COVID- 19 and academia: Considering the future of academic conferencing.” The paper’s third author, Payne, was on the board with us, and remains on it as we write. We will discuss issues with the study process and conclusions. We wish to share our perspectives on the board to inform future leadership and efforts towards public scholarship within criminology."
Seeing The Vision And Moving Forward: The Future Of The Crimcon Conference From The New Board, Bobbie Ticknor, Jessica Warner, Carlos Rojas, Arelys Madero, Daniel Lytle
Seeing The Vision And Moving Forward: The Future Of The Crimcon Conference From The New Board, Bobbie Ticknor, Jessica Warner, Carlos Rojas, Arelys Madero, Daniel Lytle
Qualitative Criminology (QC)
"The Criminology Consortium (CrimCon) was created during one of the worst international pandemics seen in modern history. A group of innovators keenly perceived the need to create a new way to disseminate knowledge in the field because many of our existing conferences and annual meetings were postponed or cancelled due to the pandemic. There was a major void felt in the field by the cancellation of our traditional face-to-face conferences. There are many advantages to attending and participating in conferences in our field. These annual meetings give academics, researchers, practitioners, and policymakers ways to communicate their research, learn about the …
Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg
Victim Impact: The Manson Murders And The Rise Of The Victims’ Rights Movement, Merrill W. Steeg
LSU New Orleans Theses and Dissertations
No abstract provided.
Improving Mandatory Firearms Training For Law Enforcement: An Autoethnographic Analysis Of Illinois Law Enforcement Training, Casey Lafrance
Improving Mandatory Firearms Training For Law Enforcement: An Autoethnographic Analysis Of Illinois Law Enforcement Training, Casey Lafrance
Qualitative Criminology (QC)
"This study employs autoethnographic analysis of the author’s experiences in a mandatory police firearms training course in the United States. I first review relevant literature on firearms training as well as autoethnographic methodology. Afterward, I present my experiences and analyze them in the context of literature on police use of force, representative bureaucracy, and accountability. Based on this account, I offer suggestions for improving the course by integrating concepts from the literature on officer decision-making, community-police relations, and group dynamics. I conclude by recommending more course time be devoted to the decision to use force, rather than simple firearm proficiency."
Hate Exhaustion, Emotional Support, And Desistance From White Supremacist Groups, April Celeste Gould
Hate Exhaustion, Emotional Support, And Desistance From White Supremacist Groups, April Celeste Gould
Qualitative Criminology (QC)
"This study examines how and why people join, participate in, and leave White supremacist terrorist (WST) groups. In-depth life history interviews and biographic timelines of former White supremacists in the United States and Canada were collected. Findings indicate that former members’ decisions to engage and desist from WST groups are greatly influenced by their experiences of emotional support—or lack thereof. Participants lacked emotional support prior to joining WST and the emotional support they received from group membership was toxic. Participants exited WST because they experienced hate exhaustion and were willing to sacrifice all or most of their emotional support to …
“She Is A Woman, She Is An Unbeliever—You Should Not Meet With Her”: An Ethnographic Account Of Accessing Sala, Kathrine Elmose Jørgensen, Henriette Frees Esholdt
“She Is A Woman, She Is An Unbeliever—You Should Not Meet With Her”: An Ethnographic Account Of Accessing Sala, Kathrine Elmose Jørgensen, Henriette Frees Esholdt
Qualitative Criminology (QC)
"The Salafi-jihadist environment, which seeks to remain closed and clandestine, is extremely hard to access. Moreover, the milieu is gender segregated and hostile towards non-Muslims, even other Muslims who are not considered “real” Muslims. Depending on the researcher’s positionality this can either further complicate or facilitate accessing the milieu. Based on methodological experiences from ethnographic fieldwork (interviews and observations) in Denmark and Sweden, this article aims to unravel how researcher positionality influences different layers of access when investigating Salafi-jihadist environments. Acknowledging that gaining access is a continuous process throughout the entire research process, we specifically explore how our positions as …
Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley
Sovereign Authority And Rule Of Law: The Effect Of U.S. Use Of Torture On Political Legitimacy, Sydney Bradley
Undergraduate Honors Theses
Governmental sovereignty is created and maintained by mutual respect for the rule of law by the government and citizens. To maintain legitimacy, a government must act within the bounds of the contract that created it. Otherwise, the relationship founded by said contract would be nullified, as would the duties and obligations that flow from that relationship. Torture exemplifies an ultra vires act used by the United States to show the consequences of over-extended authority on political legitimacy and the rule of law. Founded on the philosophies of Hugo Grotius, Thomas Hobbes, and Christine Korsgaard, this research investigates the nature of …
“Can You Make It Out Alive?” Investigating Penal Imaginaries At Forts, Sanitaria, Asylums, And Segregated Schools, Linda Mussell, Kevin Walby, Justin Piché
“Can You Make It Out Alive?” Investigating Penal Imaginaries At Forts, Sanitaria, Asylums, And Segregated Schools, Linda Mussell, Kevin Walby, Justin Piché
Qualitative Criminology (QC)
"We draw from literature on penal imaginaries to examine representations at fright nights and other staged cultural scenes from across Canada and the United States that reproduce justifications for imprisonment and punishment. Based on an analysis of online content and news coverage of fright nights organized at forts, sanitoria, psychiatric institutions/asylums, and segregated schools, we demonstrate that these displays mobilize stereotypes and shame to denigrate prisoners and naturalize imprisonment. Moreover, we show that these displays invoke health tropes concerning contagion to intensify fears regarding prisoners by portraying them as a threat to the social body, further rationalizing the existence of …
Do I Report This? Understanding Variation In The Content Of State Mandatory Reporting Laws, Robert D. Lytle, Dana L. Radatz, Lisa L. Sample, Randi M. Latiolais
Do I Report This? Understanding Variation In The Content Of State Mandatory Reporting Laws, Robert D. Lytle, Dana L. Radatz, Lisa L. Sample, Randi M. Latiolais
Qualitative Criminology (QC)
"Since accusations went public that administrators at Pennsylvania State University ignored reports of child abuse during the Jerry Sandusky trial almost a decade ago, several educational and state agencies have reinterpreted aspects of their respective laws requiring certain persons to report suspected child maltreatment (mandatory reporting laws). These reinterpretations were possible due to the ambiguity of statutory language used in the law and, subsequently, may have exposed individuals to a legal responsibility to report to which they were previously unaware. In this study, we use a thematic content analysis to examine variation across state mandatory reporting statutes from all fifty …
Policing Perspectives Concerning Confusion And Uncertainty In Policing Practices With “Honour”- Based Crimes And Forced Marriages, Wendy Aujla
Qualitative Criminology (QC)
"Police regularly deal with various forms of violence against women and girls, such as domestic violence, family violence, and intimate partner violence in police work. However, since certain kinds of violence require a more nuanced approach to investigations, this paper reports on the experiences and challenges in policing different types of violence, such as “honour”-based crimes (HBCs), including forced marriages (FMs), within the broader Canadian discourse and political stances informing law and policy decisions. As well as what is still needed to improve responses to HBCs and FMs, it is important to consider the impact of laws and policy changes …
“It’S Not A Conversation Starter.” Or Is It?: Stigma Management Strategies Of The Formerly Incarcerated In Personal And Occupational Settings, Nicholas Park, Grant Tietjen
“It’S Not A Conversation Starter.” Or Is It?: Stigma Management Strategies Of The Formerly Incarcerated In Personal And Occupational Settings, Nicholas Park, Grant Tietjen
Qualitative Criminology (QC)
"Mass incarceration and its ill effects remains a major social problem in the United States. Those exiting the criminal justice system reenter society with the label of exconvict, a label that is permanent, highly stigmatized in American society, and has serious potential ramifications for successful reintegration, including: access to employment, higher education, and housing; acceptance in their communities; and successful personal relationships. The purpose of this study was to explore (1) anticipated stigma, (2) actual experienced stigma, and (3) the stigma management strategies that formerly incarcerated individuals employed in their personal and occupational lives. Drawing from a modified labeling theory …
Quarantine Ethics: From Past To Covid-19, Chrystal Barnes
Quarantine Ethics: From Past To Covid-19, Chrystal Barnes
OHSU-PSU School of Public Health Annual Conference
Quarantines have been a preventative measure for reducing communicable disease spread for centuries. The method of implementation can vary widely and to some extent requires some level of judgement from enforcing powers, often state police power. As such, historically, some quarantines have been unfairly enforced based on discriminatory practices. COVID-19 has brought about the most widespread and extended quarantine in U.S. history, which makes evaluating the ethics all the more critical. In addition, it is well established that COVID-19 impacts have disproportionately caused harm to populations, such as those who are of a low socioeconomic status and people of color. …
Noble Intent Is Not Enough To Run Veterans Court Mentoring Programs: A Qualitative Study Of Mentors’ Role Orientation And Responsibilities, Anne S. Douds, Eileen M. Ahlin, Cassandra Atkins-Plunk
Noble Intent Is Not Enough To Run Veterans Court Mentoring Programs: A Qualitative Study Of Mentors’ Role Orientation And Responsibilities, Anne S. Douds, Eileen M. Ahlin, Cassandra Atkins-Plunk
Qualitative Criminology (QC)
"Mentoring is a key component of veterans treatment courts, a diversionary problem-solving court for justice-involved military veterans. Mentoring programs are unique to veterans’ courts; no other problem-solving courts systematically include them as critical components of their court programming. Despite their prominence in veterans courts, little is known about mentor program operations and court expectations for mentors’ roles and responsibilities. This study examines mentors’ roles and responsibilities as perceived by mentees, mentors, and veterans treatment court staff. Using in-depth interview data from respondents from each of these groups, supplemented by observational data from court hearings and pre-court meetings, we identify three …
Understanding Disrespectful Behavior Through A Gendered Lens: Race And Power In A Women’S Prison, Timbre Wulf, Rebecca Trammell
Understanding Disrespectful Behavior Through A Gendered Lens: Race And Power In A Women’S Prison, Timbre Wulf, Rebecca Trammell
Qualitative Criminology (QC)
"Seventy-four incarcerated women in a Midwestern prison were interviewed to explore their experience with disrespect between inmates and staff in a prison setting. Nonwhite women experienced disrespect and conflict differently than their white peers. While the women generally described disrespect as staff members expressing their power inappropriately, non-white women were quick to describe disrespect as tied to racist behaviors. Further, African-American women in our study were more likely to believe that few people, inmates or employees, show respect to others on a regular basis in prison. White women tend to be more positive in their evaluations of interactions with staff …
The Politics Of Being An "Expert": A Critical Realist Auto-Ethnography Of Drug Policy Advisory Panels In The Uk, Alex Stevens
The Politics Of Being An "Expert": A Critical Realist Auto-Ethnography Of Drug Policy Advisory Panels In The Uk, Alex Stevens
Qualitative Criminology (QC)
"The work of ‘experts’ with policy advisory panels plays an important part in the making of illicit drug and other policies. This article explores what is involved in this work. It uses critical realist auto-ethnography of the author’s experience over five years of working with the UK’s Advisory Council on the Misuse of Drugs and the House of Commons Health and Social Care Committee. It analyses: how some people become recognised as a ‘suitable’ expert through relational networks of esteem, while others are excluded; how bureaucratic processes and scientific modes of discourse select some types of information rather than others …
Straight From The Source: Examining Gender Differences In Inmate Advice For Avoiding Prison Sexual Victimization, Beatriz Amalfi Marques, Ashley G. Blackburn, Shannon K. Fowler, Janet L. Mullings, Maria L. Lecuna
Straight From The Source: Examining Gender Differences In Inmate Advice For Avoiding Prison Sexual Victimization, Beatriz Amalfi Marques, Ashley G. Blackburn, Shannon K. Fowler, Janet L. Mullings, Maria L. Lecuna
Qualitative Criminology (QC)
"Once incarcerated, inmates face a myriad of potential threats to their physical and emotional wellbeing. The threat of being sexually or otherwise victimized while in prison breeds anxiety and fear among inmates, especially those who are new to the prison environment. In response, inmates have developed strategies to avoid victimization. The present study, utilizing self-report questionnaires, asked a sample of male and female inmates in a large Southern prison system about the advice they would give to another newly incarcerated inmate to avoid being sexually assaulted. A thematic analysis of inmates’ open-ended responses revealed male and female inmates have different …
Caught In-Between: A Video Essay Of Masculine Identity And Methamphetamine Use In The Rural South, Heith Copes, Jared Ragland, Adam Forrester
Caught In-Between: A Video Essay Of Masculine Identity And Methamphetamine Use In The Rural South, Heith Copes, Jared Ragland, Adam Forrester
Qualitative Criminology (QC)
Since the Great Recession in 2007, rural employment rates have been steadily increasing. According to a 2020 United States Department of Agriculture report, rural unemployment has been at its lowest in over a decade. However, such aggregate trends overlook an important aspect of work—its meaningfulness. In many small towns throughout the Southern United States, much of the available work pays little and demands much on the body. As a result, meaningful employment is often out of reach for some men living in the rural South.
Opening The “Black Box” Of Federal Illegal Reentry Sentencing: A Non-Participant Observational Analysis Of Sentencing Constraints And Judicial Discretion, Kevin Buckler
Qualitative Criminology (QC)
"Judicial discretion in sentencing has historically produced disparities in criminal sentencing outcomes. In an effort to address disparity at the federal level, in 1984, the U.S. Congress passed legislation that led to the creation of the U.S. Sentencing Commission and subsequently the adoption of federal sentencing guidelines. Studies show that even among similarly situated defendants (in terms of offense score and criminal history category) disparities have persisted regardless of the sentencing guidelines. An understudied source of disparity is the combined and interactive role of judges, prosecutors, and defense attorneys in the application of the guidelines and the statutory framework that …
Miriam Boeri, Hurt: Chronicles Of The Drug War Generation, Kathleen E. Padilla
Miriam Boeri, Hurt: Chronicles Of The Drug War Generation, Kathleen E. Padilla
Qualitative Criminology (QC)
In 1971, President Nixon officially declared the War on Drugs. Flash forward to 2020 and the prison population is approximately 2.3 million people, with 1 in 5 of those individuals having been incarcerated for a non-violent drug offense (Wagner & Wagner, 2020). Among those caught up in drug offenses stemming from the policies enacted during the War on Drugs, the majority are baby boomers. Baby boomers are those that are born between the years 1946 and 1964, and whose current population is approximately 73 million, the second largest generation aside from Millennials (Census, 2019). By the start of the 21st …