Legal Theory Commons^™

Capitalism And Risk: Concepts, Consequences, And Ideologies, Edward A. Purcell Jr.

Buffalo Law Review

No abstract provided.

Humbug: Toward A Legal History, Susanna Blumenthal

Buffalo Law Review

No abstract provided.

Mr. Peabody's Improbable Legal Intellectual History, Mark Fenster

Buffalo Law Review

No abstract provided.

Writing The Social History Of Legal Doctrine, Cynthia Nicoletti

Buffalo Law Review

No abstract provided.

Some Final Observations On Legal Intellectual History, Robert W. Gordon

Buffalo Law Review

No abstract provided.

Unintended Lawlessness Of Stand Your Ground: Justitia Fiat Coelum Ruat, Ann Marie Cavazos

Journal Publications

This paper will examine Florida's Stand Your Ground law by analyzing the origins and purpose of the law, vis-a-vis comparative analysis, and by discussing the application of this law. It will compare the stories of victims and further dissect the necessity and benefits of the Stand Your Ground laws, and examine in particular how it has affected the citizens of Florida and the nation. This Article will examine unforeseen outcomes derived from the enactment of a law meant for the common good and will further discuss how the Castle Doctrine evolved into the current Stand Your Ground laws. It will …

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …

Repeating History: The Ineffectiveness Of The 1973 War Powers Resolution, Kaitlyn N. Schiess

Senior Honors Theses

Reluctant students often criticize the study of history as irrelevant to the present day.

In the case of one important and controversial piece of legislation, nothing could be farther from the truth. The 1973 War Powers Resolution (WPR), which places limits on presidential power to deploy troops in combat situations, has ample application to the political functioning of the United States today. Thus, investigating and studying the resolution remains relevant and important today. The WPR became law in 1973, overcoming a predictable veto by President Nixon. The legislation has consistently been a flashpoint for political controversy – eliciting criticism by …

Hate Speech And Double Standards, Thomas M. Keck

Political Science - All Scholarship

Many European states ban the public expression of hateful speech directed at racial and religious minorities, and an increasing number do so for anti-gay speech as well. These laws have been subjected to a wide range of legal, philosophical, and empirical investigation, but this paper explores one potential cost that has not received much attention in the literature. Statutory bans on hate speech leave democratic societies with a Hobson’s choice. If those societies ban incitements of hatred against some vulnerable groups, they will inevitably face parallel demands for protection of other such groups. If they accede to those demands, they …

The Interactive Dynamics Of Transnational Business Governance: A Challenge For Transnational Legal Theory, Stepan Wood, Kenneth W. Abbott, Julia Black, Burkard Eberlein, Errol E. Meidinger

Journal Articles

Conflict, convergence, cooperation, competition and other interactions among governance actors and institutions have long fascinated scholars of transnational law, yet transnational legal theorists’ accounts of such interactions are for the most part tentative, incomplete and unsystematic. Having elsewhere proposed an overarching conceptual framework for the study of transnational business governance interactions (TBGI), in this article we propose criteria for middle-range theory-building. We argue that a portfolio of theoretical perspectives on transnational governance interactions should account for the multiplicity of interacting entities and scales of interaction; the co-evolution of social agency and structure; the multiple components of regulatory governance; the role …

White Faces In A Black Movement: Why Their Voices Matter, Chauncey L. Alcorn

Capstones

This story follows the lives of two white activists in New York's Black Lives Matter movement. It examines the largely ignored impact white activists have had on the BLM movement and also explores the history of white activists in the abolitionist and Civil Rights movements. The climax details a highly-publicized spat between rival Black Lives Matter organizations that happened during a Dec. 4 protest to commemorate the one-year anniversary of Officer Daniel Pantaleo's non-indictment in Garner's death. My main character, a white male, was blamed for causing the rift and was asked to step down from his leadership position in …

Adam Calverly, Cultures Of Desistance: Rehabilitation, Reintegration, And Ethnic Minorities, Whitney Threadcraft-Walker

Qualitative Criminology (QC)

"Third in an international series investigating desistance and rehabilitation, Adam Calverly’s Cultures of Desistance builds on the extant desistance literature through a comparative analysis of the impact of micro-, meso-, and macro- level factors on the processes associated with criminal disengagement on Indian, Bangladeshi and Black/Dual Heritage offenders in the Brixton neighborhood of London. The author has previously established expertise in the area of ethnicity and desistance through such as Understanding Desistance from Crime: Emerging Theoretical Directions in Resettlement and Rehabilitation (2005) co-authored with Steve Farrell and Black and Asian Offenders on Probationers (2004). Much of the data presented in …

Variations In Patrol Officers’ Concerns About Racial Profiling Across Communal Contexts, Paul Reck

Qualitative Criminology (QC)

"Numerous studies have explored the issue of racial profiling, but only a few studies have examined how officers view racial profiling and whether such views affect officers’ patrolling of racial minorities. These latter studies generally have found that officers rationalize and dismiss the issue of profiling. However, studies pertaining to citizens’ perceptions of the police and studies identifying policing imperatives that officers associate with particular spaces suggest that there are characteristics of communities that may play an important role in shaping officers’ perceptions of profiling and patrolling of racial minorities. The current study, which is based on ethnographic ride-along interviews …

Editorial, Will Oliver

Qualitative Criminology (QC)

"Welcome to the second issue of the third volume of the Journal of Qualitative Criminal Justice & Criminology, and also my last issue as editor. Four years ago, I was given the opportunity by the president and board of the Southwestern Association of Criminal Justice to start up a new association journal and they liked my idea of a qualitative methods journal that would appeal to not only criminal justice, but to criminology as well. I began putting together an editorial board and was overwhelmed by the positive support I received regarding my ideas for the journal. That made …

Michael Welch, Escape To Prison: Penal Tourism And The Pull Of Punishment, Lindsey L. Upton

Qualitative Criminology (QC)

"Prisons and asylums are unique institutions of confinement that attract our gaze long after they are abandoned. In Escape to Prison, Michael Welch draws attention to ten prison museums across the world where the histories of punishment and control found in each respective culture are presented for our consumption. Welch analyzes prison museums as sites of power and authority. Escape to Prison is an invaluable contribution to cultural criminology because it studies each prison museum in the context of their respective cultures and provides connections between dark tourism and the history of punishment across the globe."

Shaw, Clifford, The Jack Roller, Richard Tewksbury

Qualitative Criminology (QC)

"Learn from the classics. Understand where you came from. Know the past so you won’t repeat it. Be informed about those that have preceded you. Find the foundation your own work is based upon. All of these are viable, valuable, and unfortunately, often unheeded pearls of wisdom. I, for one, can admit that while I’ve espoused these lessons many times, I have not adhered to my own advice. Although we all are well versed (at least for an undergraduate level lecture or two) on the history of our field and the influential scholars and works of the field, unfortunately far …

“Age Is Just A Number In Here”: A Qualitative Study Of Adulthood In A Women’S Prison, Janani Umamaheswar

Qualitative Criminology (QC)

"Desistance from crime is a significant marker of adulthood, while persistence in criminal behavior is inconsistent with a subjective sense of adulthood (Massoglia & Uggen, 2010). To understand the relationship between crime and adulthood in greater detail, however, it is important to understand how offenders interpret and conceptualize the notion of adulthood in the first place. Based on interviews and mail correspondence with 35 incarcerated women, I explore this question through an examination of how incarcerated women construct definitions of adulthood while in prison. The findings indicate that in a restrictive environment marked by a lack of independence, women in …

Exploring Police Legitimacy Perceptions Among Arab And Chaldean Business Owners In Detroit, Vaughn J. Crichlow, Edmund F. Mcgarrell

Qualitative Criminology (QC)

"Most agree that police officers cannot do their jobs effectively without the support of community members. However, little is known about the perceptions of small business owners who could potentially make a meaningful contribution to safety and security in such communities. There is also a paucity of research on immigrant-owned businesses in disorderly urban communities. To address the gap, this study explores the attitudes of small business owners toward the police in Detroit, Michigan, a city known for high levels of violent crime and presents an analysis of the qualitative data collected from in-depth interviews with small business owners (n …

Racially Neutral Policing?: Puerto Rican And Mexican Young Adults’ Experiences With Order Maintenance Strategies, Claudio G. Vera Sanchez, Jacinta M. Gau

Qualitative Criminology (QC)

"Despite the proliferation of seemingly racially neutral police strategies, Latinos continue to report unfavorable views toward police. Limited attention has been given to how urban strategies, such as order maintenance policing, are experienced by young Latino males. The present study uses data from in-depth interviews conducted with male Latino youth in two Chicago neighborhoods: one majority-Latino, predominantly Mexican; and one mixed-race, gentrifying Puerto Rican. Results show that youth in both neighborhoods report enhanced surveillance and aggressive stop-and-frisks. Additionally, neighborhood context shapes the dynamics between police and young Latinos. In the Puerto Rican neighborhood, policing is enmeshed in culture clashes. In …

The Liberal As An Enemy Of Queer Justice, Craig Schamel

Catalyst: A Social Justice Forum

Abstract

Liberalism as a historical mode of the political is the context in which the movement and ensuing struggle for queer justice emerged in most Western countries. The terminology, practices, tendencies, beliefs, ethics, laws, and patterns of political and social life which have been determined by this mode of the political, it is argued, are inimical to queer justice and render its achievement impossible. Liberalism as a mode of the political is approached from below, from knowledge gained in practical experience in queer groups which considered themselves revolutionary at least to some degree, and from the effects on such groups …