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Legal Studies

2015

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Articles 1 - 19 of 19

Full-Text Articles in Public Administration

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall Nov 2015

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

John Travis Marshall

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …


Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall Nov 2015

Rating The Cities: Constructing A City Resilience Index For Assessing The Effect Of State And Local Laws On Long-Term Recovery From Crisis And Disaster, John Travis Marshall

Faculty Publications By Year

Superstorm Sandy, the 2008 Iowa floods, and Hurricanes Katrina and Rita all supply recent reminders that U.S. cities can no longer adopt an ad hoc approach to threats presented by climate change and natural hazards. The stories detailing long-term recovery from these disasters underscore that federal, state, and local governments are struggling to appreciate the legal tools and institutions necessary to implement the large-scale infrastructure, housing, and community development programs that climate change and more frequent natural disasters demand. This Article calls for development of a tool allowing succinct evaluation of the range of community capacities that will figure critically …


Law Enforcement Innovation And Diffusion: A Network Analysis Of Police Accreditation, Jeremiah Paul Johnson Sep 2015

Law Enforcement Innovation And Diffusion: A Network Analysis Of Police Accreditation, Jeremiah Paul Johnson

Dissertations, Theses, and Capstone Projects

This study seeks to identify network structures capable of predicting innovation uptake among law enforcement organizations. Utilizing a mixed-methods approach, diffusion is studied through the lens of a single innovation, state law enforcement accreditation. Quantitative data culled from a variety of social artifacts in two New England states are used as a basis for the study. Relational data extracted from meetings held by a private police chief's association over an 11 year period were used to construct an affiliation matrix. Social network analysis demonstrates that actors with high levels of centrality are more likely to self-select state accreditation enrollment than …


The Effects Of Frequent Exposure To Violence And Trauma On Police Officers, Ternarian Warren Aug 2015

The Effects Of Frequent Exposure To Violence And Trauma On Police Officers, Ternarian Warren

Ternarian A Warren PhD

Police officers who maintain negative or traumatic information in long-term memory are vulnerable to mental illness, unstable emotional and behavioral responses, interpersonal problems, and impaired social relationships. The cognitive theory suggests that police officers externalize various negative or maladaptive behaviors as a result of frequent exposure to traumatic events. Researchers have found that police officers tend to either not seek mental health treatment, try to fix their own mental health problem, or if in treatment will not be forthcoming with internalized thoughts of psychological distress. The intention of this research was to examine the relationship between police officers' frequent exposure …


The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel Jul 2015

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Wendy F. Hensel

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …


The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel Jul 2015

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Leslie E. Wolf

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …


Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia May 2015

Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article examines the use of torture by the U.S. government in the context of the late 20th-century preventive turn in criminal justice. Challenging the assumption that the use of “enhanced interrogation tactics” in the war on terror was an exceptional deviation from accepted norms, this article suggests that this deviation began decades before the terror attacks, in the context of conventional criminal procedure. I point to the use of the “ticking time bomb hypothetical,” and its connection to criminal procedure’s “kidnapping hypothetical.” Using case law and criminal procedure textbooks I trace the employment of that narrative over several decades, …


Improving Police Officer Responses To Persons With Mental Illnesses: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone Apr 2015

Improving Police Officer Responses To Persons With Mental Illnesses: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

Addressing mental illness in the American criminal justice system is necessary in order to ensure both citizens and officers are safe. According to Centers for Disease Control and Prevention (2011), published studies show approximately 25 percent of all adults in the U.S. have a mental illness and nearly 50 percent of adults in the U.S. will develop at least one mental illness during their lifetimes. The U.S. Department of Justice’s Bureau of Justice Statistics also indicates nearly 25 percent of state prisoners and jail inmates with a mental health problem have three or more prior incarcerations (as cited in Glaze …


The Effects Of Frequent Exposure To Violence And Trauma On Police Officers, Ternarian A. Warren Jan 2015

The Effects Of Frequent Exposure To Violence And Trauma On Police Officers, Ternarian A. Warren

Walden Dissertations and Doctoral Studies

Police officers who maintain negative or traumatic information in long-term memory are vulnerable to mental illness, unstable emotional and behavioral responses, interpersonal problems, and impaired social relationships. The cognitive theory suggests that police officers externalize various negative or maladaptive behaviors as a result of frequent exposure to traumatic events. Researchers have found that police officers tend to either not seek mental health treatment, try to fix their own mental health problem, or if in treatment will not be forthcoming with internalized thoughts of psychological distress. The intention of this research was to examine the relationship between police officers' frequent exposure …


Racism Vs. Social Capital: A Case Study Of Two Majority Black Communities, Bruce W. Strouble Jan 2015

Racism Vs. Social Capital: A Case Study Of Two Majority Black Communities, Bruce W. Strouble

Walden Dissertations and Doctoral Studies

Several researchers have identified social capital as a means to improve the social sustainability of communities. While there have been many studies investigating the benefits of social capital in homogeneous White communities, few have examined it in Black homogeneous communities. Also, there has been limited research on the influence of racism on social capital in African American communities. In this dissertation a comparative case study was used within a critical race theory framework. The purpose was to explore the role of racial oppression in shaping social capital in majority African American communities. Data were collected from 2 majority Black communities …


Powerlessness Within A Budget-Driven Paradigm: A Grounded Theory Leadership Study From The Perspective Of Michigan Corrections Officers, Timothy Michael Eklin Jan 2015

Powerlessness Within A Budget-Driven Paradigm: A Grounded Theory Leadership Study From The Perspective Of Michigan Corrections Officers, Timothy Michael Eklin

Antioch University Full-Text Dissertations & Theses

This study explored the lived-experiences of 15 correctional officers and 5 sergeants working in adult state-operated prison facilities in Michigan. In particular, this qualitative grounded theory study revealed the impact that budget driven decision-making had on the lives of correctional officers: its effect on institutional custody, security, and safety. The study finds that many recent policy changes resulted in a sense of powerlessness expressed by the participants of the study. Participants found themselves in a precarious position, situated in between the prison population and the administration. Having an understanding of how correctional officers make meaning of their work in relation …


The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel Jan 2015

The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel

Faculty Publications By Year

It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.

A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …


Abstract Uneducated Injustice: A Social Cognitive Approach To Understanding Juror Misconduct And Verdict Errors, Melinee Melissa Marie Calhoun Jan 2015

Abstract Uneducated Injustice: A Social Cognitive Approach To Understanding Juror Misconduct And Verdict Errors, Melinee Melissa Marie Calhoun

Walden Dissertations and Doctoral Studies

A continual problem in the adjudication of crime in the United States is the continued occurrence of erroneous convictions and acquittals. This problem impacts the victims of crimes as they endure emotional and mental distress of additional investigations and new trials. Defendants are impacted by errors in verdicts because of the loss of freedom while being factually innocent. These errors may occur because jurors may not be knowledgeable of their role, right and responsibilities. Without regard to the judge's minimum instruction, the jury is not provided direction on the purpose and limitations of their roles. Guided by the social cognitive …


The Deterrent Effect Of Disciplinary Segregation On Prison Inmate Misconduct, Joseph William Lucas Jan 2015

The Deterrent Effect Of Disciplinary Segregation On Prison Inmate Misconduct, Joseph William Lucas

Walden Dissertations and Doctoral Studies

Although a widely used practice, it was previously unknown whether disciplinary segregation is actually effective at modifying prison behavior. This quantitative, retrospective observational study tested deterrence theory and explored the effectiveness of disciplinary segregation in deterring subsequent prison inmate misconduct among those subjected to it (N = 228). It compared a cohort of male inmates incarcerated by the Oregon Department of Corrections who had spent time in disciplinary segregation in 2011 and/or 2012 with a comparison cohort who had not spent any time in disciplinary segregation. Three models were tested, each with the outcome variable operationalized in a different way: …


Public Safety Impact Of Electronic Monitoring Of Texas High-Risk Offenders, Paul Utu Aliu Jan 2015

Public Safety Impact Of Electronic Monitoring Of Texas High-Risk Offenders, Paul Utu Aliu

Walden Dissertations and Doctoral Studies

The use of electronic monitoring (EM) as a tool to supervise high-risk offenders has increased in the field of criminal justice in the state of Texas. Although EM is now widely used to supervise high-risk offenders to prevent them from committing further crimes, it is unclear whether EM has achieved the purpose of reducing reoffenses during parole supervision. Hirschi's social bond theory, which was later developed into social control theory, was used as the framework for this general qualitative study to explore retired parole officers' perceptions concerning whether EM is successful in preventing high-risk offenders from committing additional crimes. Interview …


Attitudes Of Returning Citizens In Government-Managed Post-Release Programming, Zachary D'Jon Weaver Jan 2015

Attitudes Of Returning Citizens In Government-Managed Post-Release Programming, Zachary D'Jon Weaver

Walden Dissertations and Doctoral Studies

Nearly 700,000 prisoners return to communities annually, and approximately two-thirds are rearrested within 3 years of release. The cyclic pattern of recidivism presents risks to both returning offenders and the communities that accept them. Reentry research tends to include the voice and experiences of juveniles, community members, and service providers, and narrowly focuses on the socioeconomic conditions of adult ex-offender populations pre- and post-release. Few researchers have explored the attitudes of those returning citizens or the perceived impact on treatment success, as related to employment-based, post-release reintegration programs. This study investigated the attitudes of 32 participants of Project Empowerment, the …


Ua12/8 Annual Campus Safety & Security Report, Wku Police Jan 2015

Ua12/8 Annual Campus Safety & Security Report, Wku Police

WKU Archives Records

A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.


Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan Dec 2014

Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan

Donald J. Kochan

Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …


A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan Dec 2014

A Framework For Understanding Property Regulation And Land Use Control From A Dynamic Perspective, Donald J. Kochan

Donald J. Kochan

Our land use control system operates across a variety of multidimensional and dynamic categories. Learning to navigate within and between these categories requires an appreciation for their interconnected, dynamic, and textured components and an awareness of alternative mechanisms for achieving one’s land use control preferences and one’s desired ends. Whether seeking to minimize controls as a property owner or attempting to place controls on the land uses of another, one should take time to understand the full ecology of the system. This Article looks at four broad categories of control: (1) no controls, or the state of nature; (2) judicial …