Legal Theory Commons^™

How Families Of Murder Victims Feel Following The Execution Of Their Loved One’S Murderer: A Content Analysis Of Newspaper Reports Of Executions From 2006-2011, Corey Burton, Richard Tewksbury

Qualitative Criminology (QC)

"Two common assumptions are that family members of murder victims (i.e. co-victims) will achieve closure and perceive a sense of justice following the execution of their loved one’s murderer. Those acting on behalf of co-victims and purporting to represent their best interests often use closure and justice discourses to bolster their arguments in favor of capital punishment in a particular case. However to assume, unequivocally, that family members will view the execution as the last of several steps in the journey to closure and perceived justice is to ignore a significant number of co-victims who may feel differently. Drawing on …

On The Connection Between Law And Justice, Anthony D'Amato

Faculty Working Papers

What does it mean to assert that judges should decide cases according to justice and not according to the law? Is there something incoherent in the question itself? That question will serve as our springboard in examining what is—or should be—the connection between justice and law. Legal and political theorists since the time of Plato have wrestled with the problem of whether justice is part of law or is simply a moral judgment about law. Nearly every writer on the subject has either concluded that justice is only a judgment about law or has offered no reason to support a …

Male Disposability, Law, And Feminism, Edward Cantu

Faculty Works

This article explores scientific evidence that societies care more about the welfare and safety of females than that of males, and that this dynamic of "male disposability" is deeply entrenched in culture, and thus in law. The recognition and integration of male disposability theory would mean an evolutionary leap in modern theorizing about gender and the law, but it is ignored. Why? Feminist theory dominates current academic gender discourse. Far from appreciating the explanatory power of male disposability theory, feminist theorists are often invested in theorizing gendered problems in ways that mischannel compassion away from men and toward women. The …

Bad Moon On The Rise? Lunar Cycles And Incidents Of Crime, Joseph A. Schafer, Sean P. Varano, John P. Jarvis, Jeffrey M. Cancino

Justice Studies Faculty Publications

Popular cultures in Western societies have long espoused the notion that phases of the moon influence human behavior. In particular, there is a common belief the full moon increases incidents of aberrant, deviant, and criminal behavior. Using police, astronomical, and weather data from a major southwestern American city, this study assessed whether lunar cycles related with rates of reported crime. The findings fail to support popular lore, which has suggested that lunar phase influenced the volume of crime reported to the police. Future research directions examining qualitative rather than quantitative aspects of this problem may yield further inform the understanding …

Drones And The International Rule Of Law, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This essay will proceed in four parts. First, it will briefly discuss the concept of the international rule of law. Second, it will offer a short factual background on US drone strikes (to the extent that it is possible to provide factual background on a practice so shrouded in secrecy). Third, it will highlight some of the key ways in which post 9/11 US legal theories relating to the use of force challenge previously accepted concepts and seek to redefine previously well-understood terms. Fourth, it will offer brief concluding thoughts on the future of the international rule of law in …

What Is Originalism? The Evolution Of Contemporary Originalist Theory, Lawrence B. Solum

Georgetown Law Faculty Publications and Other Works

Debates over “originalism” have been a central focus of contemporary constitutional theory for three decades. One of the features of this debate has been disagreement about what “originalism” is. More worrisome is the possibility that the arguments between contemporary originalists and their opponents, the “living constitutionalists”, are confused–-with each side of the debate making erroneous assumptions about the content of their opponent’s theories.

The aim of this chapter is to clarify these debates by providing a history of contemporary originalism and then developing an account of the core or focal content of originalist theory. The history reveals that contemporary originalist …

Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Mauro Cappelletti, Bryant Garth

Buffalo Law Review

No abstract provided.

Deep-Fake Revenge Porn: The Intersection Of Artificial Intelligence And Revenge Porn For A Modern Attack On Women, Eva C. Hunt

Capstone Projects and Master's Theses

This study aims to provide a legal analysis grounded in gender legal theory to critique current legislation enacted in the United States. It focuses on the societal and gendered impacts of revenge porn, particularly examining how victimization differs across genders. The legal analysis explores state-by-state legislation addressing revenge porn, assessing the severity of criminal penalties and the timeline of enactment. For current contextual reasons, the study evaluates how emerging Deepfake artificial intelligence technologies intersect with and complicate existing revenge porn laws. Finally, it analyzes the extent to which each state has incorporated Deepfake AI considerations into its legal framework.

Howard S. Becker, Outsiders: Studies In The Sociology Of Deviance, Kenneth D. Tunnell

Qualitative Criminology (QC)

"While recently reviewing a manuscript submission for a sociology journal and noticing Becker’s (1963) appearance in the body of the text, I discovered, when skimming the references, that the citation read “The Outsiders.” I remember wondering just how familiar the authors may have been with Outsiders or if they had actually read it – given that they got the title wrong. After all, Outsiders has become one of those books that simply must be cited. And, with growing interest among younger scholars in field research, deviant groups, cultural criminology and inductive analysis, Outsiders has become symbolic of good work that …

Towards A Subjective Theory Of Law: Some Legal Implications Of Existentialism, Barry Bassis

Buffalo Law Review

No abstract provided.