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Articles 241 - 270 of 436
Full-Text Articles in Other Legal Studies
Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research, Paul Royster, Sue Ann Gardner
Copyright: A Powerful Tool To Protect, Preserve, And Promote Your Research, Paul Royster, Sue Ann Gardner
University of Nebraska-Lincoln Libraries: Presentations
Copyright begins at “birth”
You can also register.
The holder of copyright controls the ability of others to distribute: reproductions, derivatives, translations, performance
Length of term = until you die + 70 years
Licensing and contracts
Permissions
Publisher contracts
Creative Commons licenses
Gold Open Access/APCs
Predatory journals
"Can I use this {image / quote / video clip / ...} in my {lecture / course materials / dissertation / ...}” ?
Public domain (= no copyright)
Educational use = Not Infringement
Plagiarism vs. infringement
Fair Use (1): Re-using copyrighted materials in your own work--legally
Fair use (2): The 4 Factors
Who …
Meaning-Making Through Narrative: Extending Narrative Analysis For Criminological Examination Of Documentary Film, Charissa Crépault Weir
Meaning-Making Through Narrative: Extending Narrative Analysis For Criminological Examination Of Documentary Film, Charissa Crépault Weir
Qualitative Criminology (QC)
"In this paper, I demonstrate how an understanding of narrative and the tools of narrative analysis can help criminologists unpack the techniques of meaning-making employed in media representations, including documentary films about imprisonment. Since media help to shape, though do not determine, public perceptions of crime and criminal justice, it is useful for criminologists to examine not just media content (i.e. what is said), but also how media constructions advance arguments that are presented as self-evidently true. Narrative structure offers one way for journalists to organize content in a persuasive and emotionally appealing manner and to embed arguments and interpretations …
The Social Camouflage And Everyday Masks Of The Constyle Serial Rapist: A Sociological Analysis Of Newspaper Accounts, Clara Fesmire, Thomas Vander Ven, Lauren Wright
The Social Camouflage And Everyday Masks Of The Constyle Serial Rapist: A Sociological Analysis Of Newspaper Accounts, Clara Fesmire, Thomas Vander Ven, Lauren Wright
Qualitative Criminology (QC)
"Research suggests that serial rapists use more sophisticated techniques and possess more specialized awareness than average single-victim offenders (Park, Schlesinger, Pinizzotto & Davis, 2008). Although there is a substantial body of literature on the attack styles of offenders, data and theoretical models on the interactional styles and performance rituals of serial rapists are relatively scarce. The current study uses a qualitative analysis of major American newspaper accounts to discuss the behavioral patterns and performance styles of the con-style serial rapist as depicted by crime reporters. The con rapist uses deceptive persuasion and everyday disguises ( e.g., posing as a police …
Harlem Pimps' Accounts Of Their Economic Pathways And Feelings Of Insiderness And Outsiderness, Amber Horning, Christopher Thomas, Sara Jordeno
Harlem Pimps' Accounts Of Their Economic Pathways And Feelings Of Insiderness And Outsiderness, Amber Horning, Christopher Thomas, Sara Jordeno
Qualitative Criminology (QC)
"This study analyzes semi-structured interviews with 85 pimps in New York City to explore how pimps discuss their economic pathways - i.e., how their pimping leads to distinct types of work outcomes and how they discuss their associated feelings and attitudes. We compare younger (18-23) to older (24-67) pimps, anticipating that younger participants would be more adaptive and produce discourse less entrenched in outsider thinking. Pimps' movements between licit and illicit work worlds mirror those of drifters (Matza, 1964) and align with Murphy and Robinson's (2008) concept of maximizers (i.e., economically benefiting from both work worlds simultaneously). Younger pimps, despite …
Jeff Ferrell, Drift: Illicit Mobility And Uncertain Knowledge, Travis Milburn
Jeff Ferrell, Drift: Illicit Mobility And Uncertain Knowledge, Travis Milburn
Qualitative Criminology (QC)
"Today, one does not have to look hard for examples of populations in flux. From war refugees abandoning familiar lands for safety to migratory workers in search of economic opportunities, drift is not only a defining feature of the contemporary world, but it is indeed a global phenomenon. In Jeff Ferrell's Drift: Illicit Mobility and Uncertain Knowledge, we see drift in action in North America and experience the history of hoboing through a cultural, social, and political narrative. While there are many readily accessible examples of the phenomenon of drift in the world, this book shows that drift is …
Ethnic Police Humor As Ethnic Boundary-Making In The Swedish Police Force, Sara Uhnoo
Ethnic Police Humor As Ethnic Boundary-Making In The Swedish Police Force, Sara Uhnoo
Qualitative Criminology (QC)
"All professions display their own specific humor shaped by the occupational culture, type of work, and working conditions defining them. In this article, the role of ethnic jokes and banter in police humor, including their functions and consequences, are investigated drawing upon interviews with Swedish police employees from an ethnic minority background. A typology is developed containing six distinct types of ethnic police humor. Based on it, some of the ways in which ethnic boundary-making occurs and operates within the Swedish police force are analyzed. The consequences of ethnic humor for police work both internally within the police organization and …
Hearing On The Deaf Penalty: The Intersection Of Deafness And Criminal Justice, Kabrianna Tamura, Elaine Gunnison
Hearing On The Deaf Penalty: The Intersection Of Deafness And Criminal Justice, Kabrianna Tamura, Elaine Gunnison
Qualitative Criminology (QC)
"The Deaf population in America's criminal justice system is far under-acknowledged, researched, and accommodated. Each year, gross negligence toward Deaf individuals results in exponentially costly lawsuits regarding violations of their constitutional and Americans with Disabilities Act (ADA) rights. The purpose of this study is to empirically identify the current deficits experienced by the Deaf within the criminal justice system through 18 qualitative interviews with two sub-populations: Deaf individuals who have directly interacted with the criminal justice system and professionals who witness the interaction of the Deaf within the criminal justice system. Results from the qualitative investigation revealed that the top …
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
"All The Flowers May Die, But The Thistles Will Live": Sex Trafficking Through The Eyes Of A Police Officer-Researcher, Robert Chrismas
"All The Flowers May Die, But The Thistles Will Live": Sex Trafficking Through The Eyes Of A Police Officer-Researcher, Robert Chrismas
Dignity: A Journal of Analysis of Exploitation and Violence
This article is a description of the research I conducted on the sex industry in Manitoba, Canada, from 2016-2017. I interviewed 61 people, of which six were political leaders, 23 were social workers, 24 were police officers, and eight were sex industry survivors. About half of the practitioners I interviewed are also sex industry survivors. As a veteran police officer with 35 years of law enforcement experience, my research journey was unique from conducting the interviews to reporting my findings. These are some of my experiences and the lessons I learned about gathering and sharing the stories of sex industry …
Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head
Dissertations, Theses, and Capstone Projects
Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute power …
The Stability Paradox Of Special Immigrant Juvenile Status Backlogs: Unstable Policy Implementation For A Stability-Aimed Visa, Lanna Seline Sanchez
The Stability Paradox Of Special Immigrant Juvenile Status Backlogs: Unstable Policy Implementation For A Stability-Aimed Visa, Lanna Seline Sanchez
Pomona Senior Theses
As of May 2016, the U.S. State Department officially declared a priority date for all green cards for applicants from El Salvador, Guatemala, and Honduras that capped the number of visas granted to individuals from these three countries to just 10,000 per year. This inherently created a two to three-year backlog for Special Immigrant Juvenile Status applicants from these countries as well, meaning that SIJS petitioners will remain undocumented for periods of up to six years until their petition is adjudicated by USCIS and their priority date arrives. I research whether the increasingly difficult path to obtaining permanent residency through …
The Costs Of Trademarking Dolls, Jessica Silbey
The Costs Of Trademarking Dolls, Jessica Silbey
Faculty Scholarship
Professor Curtin’s article, Zombie Cinderella and the Undead Public Domain, takes a recent case from the Trademark Trial and Appeal Board (TTAB) as the basis for an argument that trademark doctrine needs stronger protection against the exclusive commercial appropriation of characters that are in the public domain. In that case, a doll manufacturer sought to register the term “Zombie Cinderella” for a doll that was zombie-ish and princess-like. The examiner refused registration because the term “Zombie Cinderella” for this kind of doll was confusingly similar to the mark for Walt Disney’s Cinderella doll. Although the TTAB overturned the examiner’s …
Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb
Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb
Articles
Lost & Found is a game series, created at the Initiative for
Religion, Culture, and Policy at the Rochester Institute of
Technology MAGIC Center.1 The series teaches medieval
religious legal systems. This article uses the first two games
of the series as a case study to explore a particular set of
processes to conceive, design, and develop games for learning.
It includes the background leading to the author's work
in games and teaching religion, and the specific context for
the Lost & Found series. It discusses the rationale behind
working to teach religious legal systems more broadly, then
discuss the …
Una Perspectiva Socio-Legal De La Ley 348: La Ley Para Garantizar A Las Mujeres Una Vida Libre De La Violencia / A Socio-Legal Perspective Of Law 348: The Law To Guarantee Women A Life Free Of Violence, Maya Anthony
Independent Study Project (ISP) Collection
Bolivia es un país con leyes muy progresistas para enfrentar la lucha contra la violencia contra las mujeres, pero en al mismo tiempo Bolivia tiene los más altos niveles de la violencia doméstica en Latinoamérica. Esta investigación va a enfocarse en la ley 348 “para garantizar a las mujeres una vida libre de la violencia”. En este ensayo voy a explorar cómo la ley 348 que fue redactada para proteger a las mujeres del sistema patriarcal, que es un sistema enraizado en el abuso, imposición a la sumisión, e intimidación a la mujer y, “una estructura institucional que impone prácticas …
Revisiting A Classic: A Qualitative Analysis Of Differential Opportunity Theory And Its Utility In Explaining Residential Burglary, John A. Shjarback
Revisiting A Classic: A Qualitative Analysis Of Differential Opportunity Theory And Its Utility In Explaining Residential Burglary, John A. Shjarback
Qualitative Criminology (QC)
"Cloward and Ohlin’s (1960) differential opportunity theory made several significant contributions to criminology, including the emphasis on illegitimate means and the idea that social structure influences criminal opportunity. The problem, however, is that the field largely misinterpreted Cloward and Ohlin’s intent as a simple variation of strain theory instead of a critical refinement of the existing perspective. Generally, the theory has not received much scholarly attention in terms of testing of its key propositions. Using semi-structured personal interviews with 105 active residential burglars in St. Louis, Missouri during 1989- 1990, the current study uses qualitative measures to analyze differential opportunity …
Interviewing Cybercrime Offenders, Alice Hutchings, Thomas J. Holt
Interviewing Cybercrime Offenders, Alice Hutchings, Thomas J. Holt
Qualitative Criminology (QC)
"Research on cybercrime offending and victimization has increased dramatically over the past two decades, though qualitative scholarship on more technical offenses such as computer misuse has not kept pace with this broader trend. This research aims to identify potential best practices for researchers considering qualitative interviews as a method for researching computer misuse offenses, more commonly involving hacking techniques. The authors interviewed six experienced researchers who conducted qualitative examinations of active or incarcerated cybercriminals to understand their common experiences with recruitment, ways in which they interviewed research participants, ethical issues, and publishing their research. This analysis explores the difficulties associated …
The Life Course Of Female Homicide Offenders: The Context Of Turning Points, Alesa Liles
The Life Course Of Female Homicide Offenders: The Context Of Turning Points, Alesa Liles
Qualitative Criminology (QC)
"Although research on female offending has grown in the past few decades, the criminal justice system has remained inadequate in addressing the needs of women. Available research shows some experiences play a significant role in the lives of women that differ from men. To elaborate, this study sought to incorporate life course perspective and the individual’s perspective to show that context is fundamental to life course research. This study identified life events and turning points specific to female homicide offenders and validated the necessary incorporation of perception and attribution to future research with life course perspective."
Culture, Socialization, And Firearms Violence In The United States, Jennifer L. Lanterman, Sarah J. Blithe
Culture, Socialization, And Firearms Violence In The United States, Jennifer L. Lanterman, Sarah J. Blithe
Qualitative Criminology (QC)
"Firearm violence persists in the United States despite innumerable social, political, and economic changes throughout the 20th and early 21st centuries. Collaborative Event Ethnography was used at seven gun shows in three regions of the United States to explore childhood socialization into firearm culture via intergenerational communication of values and views regarding violence, safety, and the use of firearms. Children were observed at all gun shows engaged in activities ranging from standard play to potentially dangerous activity in an environment characterized by bias and controversy. The findings support social learning theory and provide some insight into the role of culture …
Preliminary Investigation Of Pharmaceutical Counterfeiters In The United States, Jay P. Kennedy, Ksenia Petlakh, Jeremy M. Wilson
Preliminary Investigation Of Pharmaceutical Counterfeiters In The United States, Jay P. Kennedy, Ksenia Petlakh, Jeremy M. Wilson
Qualitative Criminology (QC)
Pharmaceutical counterfeiting is one of the most pressing public health concerns in the United States and abroad, and recently an increasing amount of scholarly attention has been given to this issue. However, the extant literature lacks a systematic investigation of the specific roles undertaken within pharmaceutical counterfeiting schemes. We attempt to address this knowledge gap through an analysis of individuals convicted in federal court of counterfeiting offenses related to U.S.-based pharmaceutical counterfeiting incidents. From our investigation we identified six distinct roles that can classify an individual’s involvement in a pharmaceutical counterfeiting scheme: Key/Lead, Supporting, Sales/Distribution to Legitimate Others, Sales/Distribution to …
Yelp’S Review Filtering Algorithm, Yao Yao, Ivelin Angelov, Jack Rasmus-Vorrath, Mooyoung Lee, Daniel W. Engels
Yelp’S Review Filtering Algorithm, Yao Yao, Ivelin Angelov, Jack Rasmus-Vorrath, Mooyoung Lee, Daniel W. Engels
SMU Data Science Review
In this paper, we present an analysis of features influencing Yelp's proprietary review filtering algorithm. Classifying or misclassifying reviews as recommended or non-recommended affects average ratings, consumer decisions, and ultimately, business revenue. Our analysis involves systematically sampling and scraping Yelp restaurant reviews. Features are extracted from review metadata and engineered from metrics and scores generated using text classifiers and sentiment analysis. The coefficients of a multivariate logistic regression model were interpreted as quantifications of the relative importance of features in classifying reviews as recommended or non-recommended. The model classified review recommendations with an accuracy of 78%. We found that reviews …
A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Ryan Broadus
A Content Analysis Of Section 1983 Litigation Against Reserve Police Officers, Michael Ryan Broadus
Master's Theses
Police studies have well developed a demonstrative framework for detailing risks which generate financially-detrimental civil litigation – particularly regarding 42 U.S.C. §1983. Conversely, though, police studies have given little attention to the often-used but differentially-trained reserve police officer. Primarily replicating the methodologies of Kappeler, Kappeler, and del Carmen (1993) and Ross (2000), this descriptive study sought to fill this void via a manifest content approach to purposively select a sample of Section 1983 cases decided by U.S. District Courts over a 16-year period (2001-2016) to determine: (1) if significant liability was generated by reserve officers, (2) the main basis for …
Cons, Constructions And Misconceptions Of Computer Related Crime: From A Digital Syntax To A Social Semantics, M. R. Mcguire
Cons, Constructions And Misconceptions Of Computer Related Crime: From A Digital Syntax To A Social Semantics, M. R. Mcguire
Qualitative Criminology (QC)
"Has the framing of computer crime been a process which has, in effect, left us all framed? What is it that we think that we understand when we use terms like “internet crime,” “cybercrime,” or “technocrime,” and in what sense does this understanding constitute knowledge? In particular, the kind of knowledge which can be defined as “social scientific?” In this paper, I apply one of the key distinctions used to define computational processes – that made between a syntax and a semantics – to illustrate some of the problems that have affected our thinking about cybercrime and undermined our responses …
Technocrime At The Margins: Introduction To The Special Issue On Critical Or Marginal Perspectives And Issues In The Study Of Technocrime, Kevin F. Steinmetz
Technocrime At The Margins: Introduction To The Special Issue On Critical Or Marginal Perspectives And Issues In The Study Of Technocrime, Kevin F. Steinmetz
Qualitative Criminology (QC)
"When first asked to guest edit a special issue of the Journal of Qualitative Criminal Justice and Criminology, I admit that I was hesitant. I knew from helping Willard Oliver start this journal and from working as its first book review editor that editorship can be trying—and often underappreciated— work. Tom Holt, the editor of the journal at the time, however, was ambitious and willing to take some risks in his mission to carry the journal forward. As such, he offered me tremendous latitude and support for pursuing my unique vision for a special issue on technocrime issues from …
The Cyborgian Deviant: An Assessment Of The Hacker Through The Lens Of Actor-Network Theory, Wytske Van Der Wagen
The Cyborgian Deviant: An Assessment Of The Hacker Through The Lens Of Actor-Network Theory, Wytske Van Der Wagen
Qualitative Criminology (QC)
"When we think of technocrime, it is immediately “the hacker” who comes to mind, a somewhat mystical figure who can do seemingly magical as well as malicious things with technology. Throughout history, various scholars, including criminologists, have sought to grasp the hacker phenomenon so as to unravel hackers’ techno-culture, identity, and mentality. The current study is one of them, yet it does so from a novel, less anthropocentric angle. Drawing on the cyborg-lens of actor-network theory, which considers the human and the technical as nonseparable, this study conceives the hacker as a “cyborgian deviant:” a transgressive blend of human and …
The Use Of Mythic Narratives In Presidential Rhetoric On Cybercrime, Joshua B. Hill, Nancy E. Marion
The Use Of Mythic Narratives In Presidential Rhetoric On Cybercrime, Joshua B. Hill, Nancy E. Marion
Qualitative Criminology (QC)
"What politicians say about crime matters, both because of the impact their rhetoric has on public opinion and the policies and motives those words often portend. This is no different when presidents speak about the relatively new area of technocrime. As with other types of crime, political rhetoric on technocrime relies on previous social constructions of the problem, which are (in part) based on myths rooted in popular culture. These myths can be used to help forward political agendas in ways that may be useful to the politician, but that do not address the causes or effects of technocrime. Using …
Seductive Events: A Critical Examination Of Youth Sexting, Karen Holt
Seductive Events: A Critical Examination Of Youth Sexting, Karen Holt
Qualitative Criminology (QC)
"The social impact of technologies is evident among both teenagers and young people. Youth now experience and engage in most aspects of daily life “online” through the use of social media, mobile phones, and the Internet. This has led to a host of concerns, from parents, educators, advocates, and law enforcement regarding the ways in which this technology is being used, with the debate focused primarily on the issue of “sexting” or sharing of naked and semi-naked selfies. This paper explores sexting behavior from a critical perspective, examining the individual and institutional narratives that continue to shape and influence opinion …
Coping With Cybercrime Victimization: An Exploratory Study Into Impact And Change, Jurjen Jansen, Rutger Leukfeldt
Coping With Cybercrime Victimization: An Exploratory Study Into Impact And Change, Jurjen Jansen, Rutger Leukfeldt
Qualitative Criminology (QC)
"An increasing number of Internet users are dealing with cybercrime victimization. In order to find out whether victims adequately recover from cybercrime incidents, it is important to gain insight into its effects and impact on users. However, as it stands now, there is not much literature on the impact of cybercrime. We address this gap by qualitatively examining the impact of two types of cybercrime, namely phishing and malware attacks targeting online banking customers. We used the coping approach as a framework to study how victims deal with the negative events they have experienced. In order to study the impact …
Trans Women In Incarceration: Housing, Healthcare, And Humanity, Stanislaw Bielous
Trans Women In Incarceration: Housing, Healthcare, And Humanity, Stanislaw Bielous
Themis: Research Journal of Justice Studies and Forensic Science
This paper seeks to analyze the experience of male-to-female transgender inmates housed in men’s prisons and to propose housing and healthcare policies with humanity and safety for all in mind. To do this, the paper examines gender dysphoria and its treatments, transgender prisoners’ increased risk of victimization, current housing placement policies, and lastly, transgender prison healthcare practices. Ultimately, this paper proposes the use of fair and adequately trained panel-based placement teams, the provision of comprehensive mental and physical health care and the establishment of impartial grievance procedures.
The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto
The Ethics Of Environmental Litigation, Jenna Marie Dibenedetto
Student Theses 2015-Present
Abstract
We are raised from the early days of our youth to distinguish right from wrong, evil from good. Though there are many careers that have easily distinguishable ethics from their day of creation, others require spend their entire professional careers floating in a grey area. Being a lawyer can leave you in limbo very often. The ethical battle between prosecuting people whose actions go against everything you believe in and defending someone who actions you struggle to rationalize, looking for a “nail in the coffin” or finding a way to pry it open can play a large role in …