Legal Theory Commons^™

The Intersection Of Socio-Cultural System And Legislation: Family Protection Laws In Palestine And Gender Equality, Muayad K. Hattab, Fayez A. Mahamid

An-Najah University Journal for Research - B (Humanities)

Arabic and Muslim societies still fear every new proposition or change that could lead to the enhancement of women’s economic liberation or could undermine male domination over women. The social and religious panic associated with the proposed law on “Family Protection Law from Violence” that has been witnessed in Palestine, is a clear illustration of this fear. Objective: The aim of this study is to examine the impact that religious and social culture has on promulgating new laws that are directly connected to issues of women’s rights and gender equality in the Muslim community, where Palestine is the example …

Transformación De La Sociedad Saharaui: Evolución Histórica Y Reorganización Social, Mustapha Ouzir

Journal of Maya Heritage

Este artículo analiza la evolución histórica y los cambios sociales en la región sahariana, desde Oued Nun hasta el río Senegal, destacando el impacto de la llegada de las tribus Banu Hassan sobre la población autóctona amazigh Sanhaja. Se exploran los cambios en la estructura social, caracterizados por una nueva jerarquía étnica y tribal. Además, se examina la influencia de la colonización española en la transformación de la sociedad saharaui, que pasó de un estilo de vida nómada a uno más sedentario. El estudio destaca el proceso de sedentarización y los cambios socioculturales resultantes, como la alteración de roles familiares …

Tendencias Fonéticas Y Aspectos Gramaticales Del Español Hablado En El Sáhara, Mustapha Ouzir

Journal of Maya Heritage

Este estudio analiza las tendencias fonéticas y los aspectos morfosintácticos del español hablado en el Sáhara, una región marcada por su historia colonial como territorio español. Mediante una metodología cualitativa, que incluye observación libre, conversaciones grupales y pruebas fonológicas, se investigan las características lingüísticas de los hablantes saharauis, cuya lengua materna es el hassanía. Los hallazgos revelan una interferencia fonética significativa, como la neutralización vocálica, la reducción de diptongos y la influencia del español canario. También se identifican desviaciones morfosintácticas respecto al español estándar, incluyendo problemas de concordancia gramatical, tiempos verbales y uso de preposiciones. Estos fenómenos reflejan el impacto …

Mutual Recognitions Across Generations, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

“Sovereignty,” Arendt says, “is contradictory to” the human condition. It is not, in any event, the kind of thing that can be shared across generations. Subsequent generations lack sovereignty to the precise degree that they are bound by the decisions of their predecessors. It is no answer to say that contemporary citizens participate in the sovereignty of a whole, transgenerational people. To paraphrase de Tocqueville, later generations are not free because they are not entirely equal, and they are not equal because they are not entirely free.

Where “sovereignty” is a metaphysical concept that transcends time, recognition is an act …

Procedural Justice In Prison: Examining Female Inmates’ Experiences, Perceptions, And Interactions With Correctional Officers, Michael E. Antonio, Selena R. Price, Cassandra L. Reyes

Qualitative Criminology (QC)

"Correctional staff behavior can impact inmates’ perceptions of procedural justice and facilitate incidents of prison misconduct and violence. This analysis showed findings gathered from 136 female inmates incarcerated in a state correctional system. This exploratory analysis examined inmates’ self-reported responses about direct experiences, perceptions, and interactions with correctional officers. Findings from 19 Likert-scale items highlighted inmates’ encounters with correctional officers, however, results shown here focused on findings uncovered from a content analysis performed on inmates’ written comments to an open-ended item. The emerging themes portrayed correctional officers as disrespectful, indifferent, misusing authority, and dehumanizing."

Lessons Learned From An Undergraduate Criminal Justice Internship: The Student Experience, Nancy Blank, Robin S. Goldberg-Glen, Lori Simons, Nicole Scharfetter, Denna Grande

Qualitative Criminology (QC)

"Internships play a crucial role in the educational and professional training of students. This article presents a qualitative evaluation of the benefits and challenges of an undergraduate internship through an examination of self-reflective journals completed by 20 seniors majoring in criminal justice. Findings were organized into five major themes: knowledge acquisition, professional development, personal development, affective development, and awareness of the realities of the criminal justice system. The most frequently cited benefits included increased learning, the ability to apply coursework to the internship experience, and improved career readiness. Challenges included exposure to field experiences that led to feeling sad and …

Criminology And Criminal Justice Researchers’ Experiences And Challenges With Institutional Review Boards, Elaine Gunnison, Jacqueline B. Helfgott

Qualitative Criminology (QC)

"Conducting research in criminology and criminal justice settings brings unique challenges involving human subjects. Prior research has examined the quality and effectiveness of Institutional Review Boards (IRB). However, research on the experiences of criminology and criminal justice researchers when interfacing with their IRBs is scant. This study seeks to fill this gap through the exploration of experiences criminology and criminal justice researchers have had with IRBs. Focus groups were conducted with 13 researchers who were members of the Academy of Criminal Justice Sciences and the American Society of Criminology. Results revealed that participants experienced challenges centering around specific themes …

Information Trolls And Democracy: A Qualitative Examination Of Disinformation Campaigns In Canada, Rachelle Louden, Richard Frank

Qualitative Criminology (QC)

"This research explores disinformation delivered during the 2019 Canadian Federal election. This study explores the methods and techniques used by the perpetrators of disinformation campaigns in the context of Canadian elections. This research also examines whether the disinformation discovered during the election falls within criminal foreign interference. Critical discourse analysis is used to qualitatively analyze 26 articles published by a Northeastern U.S. based independent news website within the ten months leading up to the election. This research finds that the use of unnamed sources, hyperbolic statements to misrepresent facts, and strategies to de-legitimize reputable institutions were the most common tools …

The Making Of (Un)Certainty In Knowledge Production: Rhetoric At Play In A Heritability Controversy, Angelica Camacho, Dominique Robert

Qualitative Criminology (QC)

"(Un)certainty is not an inherent quality of a scientific assertion. It is rather the product of negotiations and collective work performed amidst noisy or quiet scientific debates. Using a controversy on heritability of crime-related behaviors as a case study, this paper proposes an analysis of the rhetoric at play to produce (un)certainty in publications presenting competing arguments. The controversy under study is at the heart of the legitimization of biosocial criminology, a contested field of study. The research shows that on the discursive front, three main strategies are used to modalize the (un)certainty of scientific claims over that of competing …

A New Way Forward For Alabama Prisons, Brandon L. Blankenship

Politics, Justice, Law, and Philosophy

Blankenship delves into the harrowing realities and historical evolution of Alabama’s prison system, offering a critical lens on Alabama’s prisons from their inception to the present day. The narrative begins with a vivid description of the dire conditions within the prisons, where systemic violence, neglect, and deprivation prevail, underscoring the urgent need for comprehensive reform. It traces the roots of the current crisis back to the state’s early reluctance to establish a penitentiary system, coupled with a persistent failure to address the underlying issues of overcrowding, inadequate healthcare, and violence. The chapter highlights the historical role of federal interventions in …

On Critical Geneaology, Bernard E. Harcourt

Faculty Scholarship

Today most critical theorists who deploy history use a genealogical method forged by Nietzsche and Foucault. This genealogical approach now dominates historically inflected critique. But not all genealogical writings today, nor all philosophical debates surrounding genealogy, advance the goals of critical philosophy. It is crucial now that we assess the value of genealogical critiques. The proper metric against which to evaluate such work is whether it contributes to transforming ourselves, others, and society in a valuable way. In this article, I propose that we use the term “critical genealogy” to identify those genealogical practices that positively nourish our activity and, …

Can Human Rights Be Reconciled With Citizenship: Reconsidering Marx's Zur Judenfrage Today, David Ingram

Philosophy: Faculty Publications and Other Works

This essay critically re-examines Marx’s youthful analysis of the separation of church and state and his complex views about the function of rights in the modern state. I argue that Marx’s condemnation of Christian nationalism and endorsement of citizenship for Jews is consistent with his view that the modern, secular state cannot emancipate itself entirely from religiosity, as evidenced by the continuing legacy of nationalism and cultural identity politics today. Although Marx correctly follows Hegel in identifying modernity with a structural differentiation between civil society and state, I argue that he misunderstands the nature of this separation and, along with …

Democracy's Ruling Hand, Steven L. Winter Walter S. Gibbs Distinguished Professor Of Constitutional Law

Law Faculty Research Publications

The claim of liberal constitutionalism is that a text-like object or a ‘diplomatically abstract’ set of principles can work a deflection of disagreements within a pluralist polity. But this project assumes both that pluralism remains amenable to reason and that reason is a capacity independent of the profound differences of meaning, value, and forms of life that shape those disagreements. Neither assumption is correct. Differences in norms, values, and forms of life inevitably undergird and structure differences in meaning, perception, and interpretation. Consequently, a constitution (even when written and accompanied by judicial review) will necessarily unfold in an ongoing process …

"You're Going To Make A Hell Of A Corrections Man Someday": Work Experiences Of Female Wardens And Superintendents, Karen A. Altendorf

Qualitative Criminology (QC)

"This project describes the experiences of female wardens and superintendents in state correctional facilities in the United States. There has been little research on women in leadership positions in corrections; most research has focused on females working in non-traditional occupations or as corrections officers. This project describes how women negotiate gender in a masculine organizational culture where they are not always welcome. In-depth interviews were conducted with twenty-nine wardens and superintendents from thirteen states. The subjects discussed various issues women working in corrections face, from appearance to interacting with inmates and coworkers, being under near-constant scrutiny as women, and being …

A Thematic Analysis Of Parenting Experiences Of Women In Prison, Pious Maedzenge, Dawn Beichner-Thomas

Qualitative Criminology (QC)

Although there is growing literature examining system-involved mothers, little is known about their parenting experiences and coping mechanisms. Using Braun and colleagues’ (2006; 2022) reflexive thematic analysis approach, this qualitative study examines the parenting experiences of forty-four mothers incarcerated in a Midwestern correctional center. The data were gathered from interviews with incarcerated mothers and included accounts of the women’s experiences before and during their incarceration. The narratives illustrate how background experiences (i.e., sexual and physical abuse, drug dependency, and childhood experiences) shape women’s experiences of mothering, perceptions of the effects of incarceration on their children, and reentry plans. Results from …

"Data Can Be Manipulated": How Prosecutors' Attitudes Toward Racial Disparities And Data-Informed Decision-Making Diverge, Maria Arndt, Rachel Silverthorn

Qualitative Criminology (QC)

"Research examining prosecutorial decision-making has grown considerably in recent years. Much of this research is focused on assessing unwarranted disparities in case processing outcomes using administrative case data. Comparatively few studies analyze prosecutors' perceptions using qualitative sources. Additionally, little is known about how prosecutors view their role in reducing racial disparities or how they can use data as a decisionmaking aid despite recent innovations in prosecutorial data collection capacity. The current study addresses this dearth of scholarship by analyzing interview data from two midsized Florida State Attorney’s Offices conducted in 2018. Results suggest two main groups of prosecutors: data-positive and …

"They Say Where There’S Smoke, There's Fire; But Sometimes It's A Self-Induced Fire": Understanding Claims Of Unequal Treatment Among Mexican-American Officers In The Los Angeles Police Department, Roberto Gallardo

Qualitative Criminology (QC)

"Serving as an ethnographic case study and utilizing qualitative interviews, this study focuses on Mexican-American police officers and their perceptions of claims of unequal treatment based on race/ethnicity from other officers. The study finds that officers ideologically stand firmly against racism and discrimination. When non-overt claims of unequal treatment based on race/ethnicity are encountered, officers develop negative perceptions of claiming officers. Officers revert to individualized, merit-based, and other colorblind justifications to interpret and dismiss the claims. It is argued that given the lack of the overt nature of most claims today, facilitated by the most common occupational context in which …

You In Or Out?: Reflecting On Positionality In Gang Research, Sou Lee, John Leverso

Qualitative Criminology (QC)

"Positionality is an important consideration when carrying out research. An effective tool for understanding this process is reflexivity—a continual dialogue that explores the interplay between our identities and how data is collected, analyzed, and interpreted. These reflexive accounts have been used in various disciplines, including criminal justice and criminology. In advancing this important practice, we offer insight into our experiences studying a hard-to-reach population: gangs. Specifically, we document how our insider and outsider identities, as well as the space between facilitated access, were used strategically and informed our interpretations of data. We conclude by encouraging reflexivity within criminology broadly and …

Preference Conflict And Peace Studies: The Line Between Disagreement And Violence, Frederic R. Kellogg

Peace and Conflict Studies

Broadening the definition of conflict defines more comprehensively the condition of peace, focusing on how unresolved shared disagreements can lead to, or avoid, polarization and violence. The line between general disagreement and violent conflict lies in the adjustment of shared preferences. Matters like reproductive rights, medically assisted death, race and gender discrimination, while subject to political polarization, are open to peaceful redress through what John Dewey called the transformative continuum of inquiry, in which the crucial social response to shared problems includes dispute and conflict. Resolution of controversial social problems requires preference adjustment and habit change, often, if not always, …

Rawls, Game Theory, And The Multiple Meanings Of Equality, David Crump

St. Mary's Law Journal

No abstract provided.