Other Legal Studies Commons^™

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 …

Child Marriage: Addressing The Challenges And Obstacles In The Post-2015 Agenda, Valeria Pelayo

Independent Study Project (ISP) Collection

This study explores the progress of child marriage eradication over the last forty years in order to identify the weak points of implementation as well as how these are being incorporated in the post-2015 agenda. An assessment of current rates by geographic region and several other demographic factors is included along with future projections for these affected areas. The shortcomings identified include a lack of program evaluation, negligence towards married children, a shortage of data on sub-national legislation efficacy, and minimal attention paid to child marriage in the context of slavery and human trafficking. The scope of the problem is …

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 …

Perceptions Of Search Consent Voluntariness As A Function Of Race, Rebecca M. Gold

Scripps Senior Theses

The United States Constitution provides its citizens protection from unreasonable searches and seizures from government officials, including police officers, through the Fourth Amendment. This Amendment applies to searches that violate a reasonable expectation of privacy. However, the Fourth Amendment does not protect citizens when they consent to a search voluntarily. It is necessary to determine whether or not a search is voluntary by looking at a variety of factors. Although an infinite number of factors can be considered to make this determination, race of both the police officer and of the person being searched should be considered, due to societal …

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

School of Continuing and Professional Studies Faculty and Staff Works

No abstract provided.

Technology And Legal Research: What Is Taught And What Is Used In The Practice Of Law, Rebecca Sewanee Trammell

CCAC Theses and Dissertations

Law schools are criticized for graduating students who lack the skills necessary to practice law. Legal research is a foundational ability necessary to support lawyering competency. The American Bar Association (ABA) establishes standards for legal education that include a requirement that each law student receive substantial instruction in legal skills, including legal research. Despite the recognized importance of legal research in legal education, there is no consensus of what to teach as part of a legal research course or even how to teach such a course.

Legal educators struggle to address these issues. The practicing bar and judiciary have expressed …

Toward Coherent Federal Oversight Of Medicine, Patricia J. Zettler

Faculty Publications By Year

The conventional wisdom in U.S. health law and policy holds that states regulate medical practice – the activities of physicians and other health care professionals – while the federal government regulates medical products. But relying on states as the principal regulators of medical practice has, at times, driven law and policy in directions that are problematic from a public health perspective, as demonstrated by a deadly 2012 outbreak of fungal meningitis that was linked to a state-regulated practice known as drug compounding. This Article argues that the federalism concerns underlying the conventional wisdom are misplaced. It demonstrates that, contrary to …

A National Scan Of Psychiatric Involuntary Hold Policies, Evan D. Peters

Undergraduate Research Posters

Psychiatric involuntary holds are initiated when an individual suffering from mental illness is deemed a danger to themselves or others. Each state and the District of Columbia has its own legislation outlining the process for involuntary holds and the assessments that take place during a hold. A variety of individuals, professional and non-professional, can be involved in the process. Each state also sets a time limit during which a person can be held, and specific language that details the behavior of individuals that are eligible for psychiatric involuntary holds. This information was gathered by examining each states' codes involving psychiatric …

Into The Red: A Look Into The Reasons Why Refugees Decide To Flee, Settle Or Migrate To And From Morocco, Fadeelah E. Holivay

Master's Theses

This research paper explores some of the main reasons why refugees and asylum seekers, particularly from sub-Saharan African countries, embark on a journey and decide to settle, flee or migrate to and from Morocco. Because of this phenomenon, Morocco has seen a 96% increase of refugees migrating to the borders of Morocco each year for the past three years. Many say that this astonishing increase of migrants choosing Morocco is due to such factors as: wars breaking out regionally across central African and Middle Eastern countries causing them to flee; Morocco being a culturaly diverse francophone country whose laws and …

Federal Civil Rights Litigation Pursuant To 42 U.S.C. §1983 As A Correlate Of Police Misconduct, Philip M. Stinson, Steven L. Brewer Jr, Theresa M. Lanese, Mallorie A. Wilson

Criminal Justice Faculty Publications

Police officers acting in their official capacity are subject to being sued in federal court pursuant to 42 U.S.C. §1983 for violating constitutional rights under the color of law. Using data obtained in a larger study on police crime in the United States, names of more than 5,500 nonfederal sworn law enforcement officers who were arrested during the years 2005-2011 were checked against the civil case party master name index of the federal courts’ Public Access to Courts Electronic Records (PACER) system. Findings indicate that more than 20% of the police officers who were arrested for committing one or more …

7 Tips For An Efficient Faculty Bibliography: How To Tackle Faculty Bibliography Challenges With (Relative) Ease, Marcia L. Dority Baker, Stefanie S. Pearlman

Marvin and Virginia Schmid Law Library: Faculty Publications

There are many reasons to compile a faculty bibliography: recording faculty accomplishments, preserving information for future generations, and supporting your institution’s external affairs office, to name a few. Also, it is a potential publication for librarians at a tenure-granting institution. So, why did we decide to create a faculty bibliography? It was a combination of past inquiries from our patrons and the need to publish. Prior to this bibliography, no such compilation of our faculty’s work existed. Although our library hosts a display of current faculty scholarship at the start of each fall semester to promote recent faculty publications, we …

Safe Havens Or Dangerous Waters? A Phenomenological Study Of Abused Women's Experiences In The Family Courts Of Ontario, Lois Shereen Winstock

PhD Dissertations

This qualitative, interdisciplinary research study explores the experiences of women abused by their intimate partners who appear as litigants in family court proceedings in Ontario, and the responses of judges presiding over those proceedings.

Domestic violence and abuse affects families from all social, economic and cultural groups. Women have been overwhelmingly identified as the victims of domestic violence and abuse. Children exposed to domestic violence and abuse, either directly or indirectly, are also negatively impacted. The term woman abuse has been employed to denote the gendered nature of the phenomena.

Studies of abused womens interactions with the legal system across …

Gate Keeping And The Politics Of Access To Prisons: Implications For Qualitative Prison Research, Janani Umamaheswar

Qualitative Criminology (QC)

"In this article, I draw on and contribute to existing literature on reflexivity and access in qualitative research, specifically in the context of prison research. I do this through a critical discussion of the research process involved in conducting a study on women prisoners in the U.S. In addition to describing the obstacles I faced in gaining access to a research site in which to conduct the study, I also discuss the implications of gate keeping for knowledge produced about women prisoners. Finally, I build on Bosworth et al.’s (2005) discussion of prison research using communication by mail. I argue …

Sarah Wilson, The Origins Of Modern Financial Crime: Historical Foundations And Current Problems In Britain, Aneta Spaic, Claire Angelique Nolasco

Qualitative Criminology (QC)

"This book traces the roots of financial crime to the Victorian Era roughly between the years 1840-1880. Wilson situates financial crime within the context of the concerns, perceptions, developments, and issues endemic to that period. She attempts to draw the reader to the realities of this particular Victorian era as it was unfolding and explains how financial misconduct within commerce became rampant as construction of the railways spurred the growth of industrialization. The book contributes to existing literature on financial crime by providing a historical analysis of its etymology and creating awareness of its historical origins and prevalence long before …

Legalizing Recreational Marijuana: Comparing Ballot Outcomes In Four States, Kenneth Leon, Ronald Weitzer

Qualitative Criminology (QC)

"Medical marijuana is now available in 23 states, and its growing acceptance has paved the way for the legalization of recreational marijuana. This article examines four recent campaigns to legalize recreational marijuana–two failures and two successes. Using data from newspaper sources, interviews with key players, and other sources, we examine the factors that influence whether a ballot initiative succeeds or fails. We identify similarities and differences between the four measures, the social forces shaping the debate, their claims and counterclaims, and a set of factors that appear to increase the odds that a recreational marijuana ballot measure will be successful."

An Examination Of The Researcher Guard Role: Bringing Prison Fieldwork Into The 21st Century, Scott Chenault

Qualitative Criminology (QC)

"In 1986, James Marquart published a seminal article on qualitative methodology in Justice Quarterly. In that piece he presented the strengths and weaknesses associated with the researcher guard role he used while conducting a prison ethnography in Texas. His method led to data that is still central to our understanding of prison culture. However, in the past 30 years, correctional philosophy and practice have undergone significant shifts in the United States. Despite these shifts, there has been a dramatic decrease in prison ethnography during the same time period. This article presents a modern adaptation of Marquart’s method, based on a …

Editorial, Willard M. Oliver

Qualitative Criminology (QC)

"Welcome to the second issue of volume two of the Journal of Qualitative Criminal Justice & Criminology. Rather than closing with acknowledgments, I would like to start this editorial introduction with them. First and foremost, I would like to thank both the editorial board members and the reviewers for this volume of the journal. Their names are listed at the beginning of this issue for without them, this journal would not be possible. Still further, if it was not for the hard work and dedication of my book review editor, Kevin Steinmetz, who recently accepted an academic appointment at …

Bradley Garrett: Explore Everything: Place-Hacking The City, Kevin F. Steinmetz

Qualitative Criminology (QC)

"While most people seem content to enjoy the front-stages of everyday life– going to safe spaces deemed appropriate for occupation–there are those who are enthralled by the backstage spaces of contemporary urban landscapes. In Explore Everything: Place-Hacking the City, Bradley Garrett details his research into urban explorers, a subculture that delves into the hidden (or hidden in plain sight) city spaces such as abandoned urban ruins, underground tunnels, and imposing skyscrapers. To date, this work is most likely the definitive study of urban exploration (sometimes referred to as UE) and should be the starting point for anyone from student …

Contreras, Randol, The Stickup Kids: Race, Drugs, Violence, And The American Dream, Robert J. Durán

Qualitative Criminology (QC)

"Most academics do not live in segregated black or Latino communities that contain higher rates of violence and incarceration. Historically, ethnographers have attempted to bridge this gap, but only a small number of these researchers match the populations they are studying in terms of age, class, ethnicity, and gender. An even rarer ethnographer comes from these same neighborhoods and shares lifelong friendships with the participants. Randol Contreras’s Stickup Kids provides an in-your-face portrayal of a drug dealing crew turned drug robbers in the South Bronx of New York City during the late 1980s and early 1990s. Due to structural changes …

Holloway, Pippa, Living In Infamy: Felony Disfranchisement And The History Of American Citizenship, Gregory J. Fremin

Qualitative Criminology (QC)

"In a historical account of the origins of felony disfranchisement in America, Pippa Holloway details how race and regional politics formed the basis for the exclusion of African Americans on the right to vote. Holloway’s Living in Infamy attempts to connect the dots from the past to the present by educating the reader on how America came to utilize felony convictions as a societal class preservation tool to exclude African Americans from voting. Holloway delves deeply into ancient Roman and Greek law and continues through Anglo-European law and ideology to set the stage for how our forefathers in early America …

Nigel South & Avi Brisman (Eds.), Routledge Handbook Of Green Criminology, Gary R. Potter

Qualitative Criminology (QC)

"The first articulation of a ‘green’ criminology – that is, a criminology concerned with man-made environmental harm – is usually attributed to Michael Lynch (1990) in his essay The Greening of Criminology: a perspective on the 1990s. Although not the first criminological work on environmental harm, Lynch was one of the first to argue that environmental problems in themselves, and the social harms that so often stem from them, can be seen to be legitimate criminological concerns – and that criminologists, therefore, may be well positioned to contribute to analysis and discussion of the environmental degradation that has become …

Exploring The Roles Of Redemption, Agency, And Motivation In Two Groups Of High-Risk Felony Probationers, Steve Boehm

Qualitative Criminology (QC)

"Problem-solving courts were developed in the 1980s and 1990s to reduce recidivism and probation revocations. The first problem- solving courts focused primarily on treating drug abuse, but the missions have expanded to include issues such as domestic violence and the problems faced by returning war veterans. Research has found these courts to be generally effective, but there is wide variation in their outcomes, and there are questions about the perceptions of problem-solving court participants compared to other probationers. This study presents qualitative analysis of interview data for a group of problem-solving court probationers (n = 19) and a similar group …

Bill Chambliss, On The Take: From Petty Crooks To Presidents, Gary W. Potter

Qualitative Criminology (QC)

"On the Take: From Petty Crooks to Presidents (first published in 1978) was the product of seven years (1962-1969) of observational research in Seattle, Washington (Chambliss, 1988). Chambliss used his background in law and sociology to interpret the things he saw and the stories he heard on Seattle’s skid row. He gained entrée into Seattle’s underworld by posing as an itinerant truck driver. Outfitted in old, worn shirts, khaki slacks and with bearded stubble on his face, he interacted with the bottom echelon of Seattle’s crime entrepreneurs–bar owners, illegal card room and bingo operators, street-level drug dealers and prostitutes. …

Research On The Legal System Of International Ship Registry, Chuang Zhang

Maritime Safety & Environment Management Dissertations (Dalian)

No abstract provided.

Long-Term Physical And Mental Health Effects Of Domestic Violence, Kavita Alejo

Themis: Research Journal of Justice Studies and Forensic Science

Domestic violence is an issue affecting people of all ages, races, genders, and sexual orientations. Violence against men and same-sex domestic violence are often considered less of a threat to society and to the people involved, but it is important to understand that male-on-female violence, female-on-male violence, and same-sex violence all involve serious consequences to the victim’s and batterer’s short- and long-term health. This paper determines whether men or women suffer from more long-term health problems caused by domestic violence by comparing the currently published statistics on the prevalence of domestic violence in heterosexual and homosexual relationships, and analyzing the …

Neuroimaging And Eyewitness Testimony, Madysen Gardner

Themis: Research Journal of Justice Studies and Forensic Science

This paper will explore how breakthroughs in neuroscience, specifically neuroimaging, can be used to validate eyewitness testimony. Though the use of direct evidence is decreasing, due to findings of numerous wrongful convictions that were based on eyewitness testimonies, it is still an element of many criminal trials today. Cross-examination is used to validate eyewitness testimony because memories are fallible. Cross-examination can successfully determine if a witness is telling the truth, but it cannot determine if a memory is true. This has resulted in juries convicting individuals based on questionable eyewitness testimony. Neuroscientists have found that neuroimaging methods, such as functional …