Legal Theory Commons^™

Presidential Influence On The Bureaucracy: The Curious Case Of Lina Khan, Nickolas Remish

Departmental Honors & Graduate Capstone Projects

How effective can a president be in promoting his or her policies through the bureaucracy? Most theories postulate the president has influence – via appointees, budgeting, and executive orders. This paper unpacks the president’s influence on the bureaucracy by analyzing President Biden’s effect on antitrust, particularly with regards to addressing labor concerns. Biden appears to depart from previous presidential administrations due to his heightened emphasis on labor’s need for protection and antitrust law as the optimal vehicle for helping workers. The data, pulled from federal and state court antitrust cases since 2000, relies on textual analysis with regards to the …

Silencing And Surveillance: The Struggle Of Same-Sex Desire In The Shadow Of The 20th-Century Police State, Ethan Dunn

Honors Program: Senior Projects (Public)

This paper investigates the intersection of social perceptions of vice and gender norms in shaping the policing of sexual orientation and sexuality during the turn of the twentieth century. Employing a legal analysis rooted in the law and society movement and critical legal studies, this study examines how social anxieties surrounding vice and vice crimes prompted swift legislative measures at both federal and state levels, resulting in statutes characterized by broad language that granted extensive discretion to law enforcement officials and judges. The emergence of morals and vice police squads further intensified the targeting of individuals who deviated from prevailing …

Putting A Slam On Alcohol Violators Through Dram- How The State Of Ohio Can Improve The Day-To-Day Safety Of Its Residents Through Dram Laws, Steven Iwanek

Honors Projects

In the realm of legal frameworks governing the service and consumption of alcohol, Dram Shop Liability Laws play a pivotal role in holding establishments accountable for the consequences of alcohol-related incidents. These laws, known as dram laws, vary across states, delineating the responsibilities of alcohol servers and establishments in preventing the overconsumption of alcohol and the resultant harm. This examination delves into a comprehensive background of dram laws, particularly focusing on their historical evolution, their present implications, and the imperative need for refinement.

As societal dynamics and patterns of alcohol consumption evolve, so too must the legislative mechanisms designed to …

The Will To Chaos And Disorder: The Behemoth As A Model Of Political Economy, Bernard E. Harcourt

Faculty Scholarship

The history of political economy is tormented by beasts. The most famous is the Leviathan, the giant serpentine monster that figures in Hobbes’s masterpiece of modern political theory. Robert Fredona and Sophus Reinert spotlight another sea monster, the Kraken, that giant octopus or squid with a particular morphology (i.e., its tentacles) that so fittingly describes the grip of multinational corporations, stateless financial capital, social media, and tech giants today. But there are still other monsters in the bestiary of political economy. In this essay, I highlight the Behemoth, a land monster that captures another critical dimension of political economy: the …

"Can I Get Some Harder Work?": Former Juvenile Offenders Narrated Educational Experiences In Juvenile Correctional Facilities, Deneil D. Christian, Joshua L. Adams, Carl M. Miedich

Qualitative Criminology (QC)

Adolescents in the juvenile justice system have a right to comparable education as their peers in public school settings. Interestingly, the existing literature indicates that this is not always the case. This study explored the experience of earning a high school diploma or equivalent in a juvenile correctional facility in Pennsylvania. We framed our study within Bandura’s social cognitive theory. This study was guided by the following research question: How do former youth offenders describe their experiences obtaining a high school diploma or equivalent in a juvenile correctional facility in Pennsylvania? This qualitative study employed a hermeneutic phenomenology research design. …

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 …

Thoughts Beyond Stigma-Implications For Change Reflected In The Voices Of Previously Incarcerated Citizens, Amy Frankel, Elizabeth Depoy

Qualitative Criminology (QC)

State and federal prisons release more than six hundred thousand people annually, with nearly 95% of those returning to the communities in which they resided before incarceration, albeit frequently with discomfort and marginalization, largely due to stigma (Alexander, 2020, Park & Tietjen, 2021). Programs to foster reintegration exist in almost every locale, yet recidivism remains due to many factors. Stigma has received much attention as a cause of failure for successful reentry and acclimation (Park & Tietjen, 2021). With the surge of interest and empirical study of stigma as a barrier, the voices of returning citizens can further enhance significant …

I Had Nowhere To Go: Disenfranchised Grief And Support Groups For Families Of Incarcerated Individuals, Allegra Pocinki

Qualitative Criminology (QC)

Almost two million Americans are incarcerated in state and federal prisons, juvenile corrections facilities, and local jails. While many studies have examined the impact of mass incarceration on the daily lives of wives, female partners, and children, little is known about support groups for families of incarcerated loved ones. Throughout 2021, I conducted virtual interviews with 13 respondents across the United States who created support groups for families of incarcerated individuals or are executive leaders in these organizations. I find that support groups provide space for families to grieve without judgment, can help re-frame the grief experience and provide tools …

Guns On Campus: The Impact Of Campus Carry On Student Behavior And Emotions, Inara Ramazanova, Terressa Benz, Joseph Deangelis

Qualitative Criminology (QC)

Most research on campus carry uses a quantitative approach to measure attitudes towards campus carry policies, existing or pending. Using focus group data, this paper examines self-reported impacts on behavior and emotional responses to a three-year-old campus carry law at one university in the rural west. We explore whether guns on campus impacted student-reported behavior in the classroom or on campus. Student responses were entered into qualitative analysis software, where data was categorized according to themes. The two most prominent themes were that students reported no impact on their behavior on campus while also expressing anxiety over the lack of …

Pathways To Freedom: The Evolution Of The Parole Process For Youth Lifers In California, Laura S. Abrams, Kaylyn C. Canlione, Leah Ouellet, Audrey I. Melillo

Qualitative Criminology (QC)

This paper explores the evolution of resentencing/parole mechanisms for youth lifers in California through the lens of lived experience. We use a case study approach with a triangulation of data sources, including qualitative interviews, parole hearing transcripts, and state legislation. For three purposively selected cases, we analyze the emotional experience of seeking resentencing/parole and analyze how the parole board determined suitability for release based on standard parole factors as well as “youth-specific” mitigation considerations. In all three cases, the parole board leaned heavily on standard parole factors such as demonstration of remorse and insight, compliant prison behavior, and participation in …

Pill Mills To Fentanyl: Tackling The Opioid Epidemic, Unf Office Of Public Policy Events, Rico Bodin, Lindsey Vuolo, Susan Pitman, Katherine Hooper, J. Mitchell Miller

University Events and History Multimedia

The public was invited to attend the University of North Florida’s latest Diverse Perspectives Series event, “Pill Mills to Fentanyl: Tackling the Opioid Epidemic.”

Hosted by UNF’s Office of Public Policy Events, the free discussion was held from 5 to 6:30 p.m. on Feb. 22, 2024, in the Robinson Theatre.

Drug overdoses killed a record 112,000 Americans last year, with most of the deaths coming from synthetics opioids like fentanyl.

The following experts will weigh in on what the healthcare industry, nonprofit sector and criminal justice system can do to tackle the opioid epidemic:

• Rico Bodin (moderator), director of recovery …

The Role Of Mayors In Achieving Brunei Darussalam’S Wawasan 2035, Lessons From China, Brice Tseen Fu Lee, Ayidana Asihaer, Juan Pablo Sims

Journal of Strategic and Global Studies

Brunei Darussalam's national vision, WAWASAN 2035, sets forth ambitious goals for the nation's development, emphasizing a centralized governance paradigm. However, the potential of decentralized governance, as exemplified by China's mayor-led districts, offers a compelling model for achieving national aspirations. This research explores the feasibility and potential benefits of introducing mayors in Brunei's districts, drawing insights from China's successful decentralized governance structure. By fostering inter-district competition and allowing for localized policy tailoring, Brunei can enhance its adaptability and responsiveness to local nuances. Drawing from China's experiences, this study provides a comprehensive understanding of how Brunei might optimize its governance structure to …

Anglo-Saxon Res Judicata Culture For Civil Law Systems, Cesare Cavallini

Northwestern Journal of International Law & Business

One traditional aspect distinguishing the common law system from the civil law one lies in the perceived disparities in the inspiration of the law-making process. The Anglo-Saxon system typically grounds its rules in explicit and discernible policies spanning social, anthropological, and economic realms directly relevant to the circumstances. In contrast, the civil law tradition frequently necessitates a fixed conceptual framework, sometimes detached from the practical needs of society. Or, at least, this dynamic persisted until recent changes prompted by the “doing business” model, which has timidly ascended to the forefront of the State agenda, particularly across Europe, notably in Italy. …

How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein

Emerging Writers

This paper explores the danger of emerging artificial intelligence technology perpetuating racial injustice in law enforcement and how police can ensure the protection of citizens amid this information age. We dissect a real-world case in which AI predictive policing technology resulted in alarming racial discrimination against American minority citizens. We discuss the possible explanations for this result and explore the limitations of artificial intelligence technology. Furthermore, we brainstorm methods for ensuring American citizens' just and constitutional protection as new technology is developed and tested. We propose implementing transparency laws that make the details about any policing technology and surveillance available …

Judicial Independence: An Important Yet Fragile Concept Needed For The Democracy Of The United States, Michael Johnson Jr

Capstone Showcase

My thesis explores the processes by which jurists are appointed to the bench to various State Supreme Courts through several selection methods. I delve deep into the extensive and intricate history surrounding judicial independence as an institutional concept, which has caused signs of concern for many legal and institutional scholars. My research aims to address the question: To what extent do the methods and mechanisms intended to safeguard judicial independence effectively fulfill their purpose? To answer this question, I use a pattern matching method to analyze a selection of six summary judgment cases–chosen randomly–from each state. Three cases where the …

Open Access And U. S. Federal Information Policy, Eric Harbeson

Copyright, Fair Use, Scholarly Communication, etc.

Federal agencies are directed, as a matter of United States Federal policy, to provide free, immediate public access to peer-reviewed scholarly publications that are produced with support from Federal research grant funding. Because copyright vests in the author of the work, agencies must have permission from the author in order to provide that access. A government-wide regulation, in place since 1976, constitutes one possible source for the needed permission. The “Federal Purpose License” provides that, as a condition of Federal funding, grant recipients issue the granting agency a non-exclusive license to use all works subject to copyright and either developed …

Empirical Examination Of Factors That Influence Official Decisions In Criminal Cases Against Police Officers, Francis D. Boateng, Daniel K. Pryce, Michael K. Dzordzormenyoh, Ming-Li Hsieh, Alan Cuff

Sociology & Criminal Justice Faculty Publications

In the current paper, we examine departmental and court decision-making in criminal cases against police officers. The study has two objectives: 1) to examine variables that impact departmental decisions in criminal cases against police officers, and 2) to examine factors that affect case disposition/conviction decisions by the courts. To achieve these objectives, we analyzed nationally representative arrest data using multiple statistical approaches. The results obtained revealed important patterns that are critical to our understanding of how the courts and police departments decide matters relating to police criminality. For instance, victim characteristics significantly influenced decision-making by both the police agency and …

Assessing The Sustainable Development Dimensions Of Environmental Public Policies For Protected Natural Areas In Mexico: A 1970-2018 Perspective, Cielo María Ávila López, José Israel Herrera

Journal of Maya Heritage

Abstract: This abstract discusses the challenges and issues related to the implementation of Environmental Public Policies (EPP) for Protected Natural Areas (PNA) in Mexico from 1970 to 2018. EPPs aim to achieve sustainable development by balancing economic, environmental, and social dimensions while reconciling conservation and the use of natural resources with restrictions on their use and economic compensation to communities. However, the results of this study reveal that the establishment of PNA has been unilateral and without consensus, leading to limitations on communities' use of the environment without granting them economic compensation or productive alternatives. This has resulted in conflicts …

Book Review: Kings, Conquerors, Psychopaths: From Alexander To Hitler To The Corporation, Tim Bakken

Genocide Studies and Prevention: An International Journal

The book Kings, Conquerors, Psychopaths is a survey of a vast amount of human wrongdoing. It lays bare the motivations of aggressors who wish to subjugate nations or groups of people and corporate executives and government bureaucrats who make discretionary decisions that harm people. Along with cataloging mass killings by despots and soldiers, the book includes stories about Ponzi-schemers and the deaths of automobile drivers and passengers who were killed by vehicle defects known to the manufacturer. The book posits that “[p]owerful, elite forces are trying to force us backward toward a non-democratic state, one where power, wealth, and prerogative …

Challenges Of Accessibility Of A Community Heritage Tourist Route: The Route Of The Caste War, Cecilia S. Medina Martín, David E. Tamayo Torres, Margarita De A Navarro Favela, Fredi R. Un Noh

Journal of Maya Heritage

This article presents the results of an accessibility analysis of The Caste War Route (RGC), prior to its commercialization as a community heritage product. The analysis consists of a diagnosis of the resource to establish destination-planning strategies. The accessibility diagnosis goes beyond adapting physical spaces for transit, considering that the resource is accessible to all types of people, including economic, spatial and temporal accessibility, criteria on which the research focuses.

The diagnosis was prepared through a multidisciplinary investigation that collected information from different sectors with qualitative and quantitative tools that combined the recording of data and the opinion of the …