Other Legal Studies Commons^™

Some Things Are Just Better Left As Secrets: Non-Transparency And Prosecutorial Decision Making In The Era Of Neoliberal Punitivism, Shanda Angioli, Paul Kaplan

Qualitative Criminology (QC)

"This paper focuses on prosecutorial decision-making during the late-20th and early 21st century era of punitive American criminal justice. Qualitative semi-structured in-depth interviews were conducted with 10 former prosecutors who worked in two large and diverse states to determine how they made their decisions regarding charging and plea bargaining. This study investigates how prosecutors consider legal and extra-legal factors when making decisions. The results suggest that prosecutors considered legal factors such as evidence/provability and elements of the crime, the defendant’s criminal history, and witness credibility and/or victim credibility, but also extra-legal factors such as, victim’s request, law enforcement priorities, relations …

Be Careful What You Say: The Relationship Between Prosecutorial Language In Closing Statements And Sentencing Outcomes In Real Capital Cases, Megan J. Parker

Senior Honors Projects, 2010-2019

Moral disengagement refers to how individuals rationalize the decisions they make, especially if they may be immoral or difficult. Individuals can be primed to engage in moral disengagement through the use of specific language. The current study analyzed language strategies used in closing statements of real capital murder cases to investigate which are correlated with a death penalty sentence. Because jurors are responsible for sentencing another individual to death, they may have some difficulty making such a decision. The current study found that future dangerousness and empathetic language were significantly correlated to jurors sentencing the death to the death penalty. …

Who R U? Identity Theft And Unl Students, Marcia L. Dority Baker, Cheryl O'Dell

Information Technology Services: Publications

How can academic institutions help educate their students about the risks of identity theft? Or teach students to better understand how one’s online presence can hold so much joy and angst? For one campus, the University of Nebraska–Lincoln, the opportunity came from a middle school teacher engaging his students in a future problem-solving activity. UNL had the opportunity to create a 45-minute presentation on identity theft for local public school students who would be spending the day on campus researching this topic.

While preparing the presentation, we realized a top 10 list on identity theft for UNL students would be …

An Evidence Based Guide To A Safe Intraoperative Approach Of Avoiding Iatrogenic Lesions During Difficult Laparoscopic Cholecystectomies, Cosmin Alec Moldovan, Roxana M. Duncea, Florin Dan Ungureanu, Vladimir Belis

Journal of Mind and Medical Sciences

Introduction: Although there are many sources for iatrogenic lesions during laparoscopic cholecystectomy, only a few stand out as being one of the most difficult to predict due to their nature of being very hard to diagnose before surgery. Materials and Methods: a short guide of cases with an evidence-based approach to avoid laparoscopic iatrogenic lesions. Results: these cases have been classified and presented into 3 main groups: cases with abnormal arterial layout, cases with heavy alteration of the normal anatomy, and cases with anomalies of the main biliary pathway. Conclusions: while not a complete guide covering …

Calvin Massey, Gentleman Farmer, Evan Tsen Lee

The University of New Hampshire Law Review

[Excerpt] “So much of Calvin’s work was intelligible as work about freedom and independence, preventing aggregations of government power that threatened individual freedom. Calvin didn’t love federalism because he had a romanticized view of statehood, he believed in it because he thought centralized power in the federal government was a bigger threat to individual freedom than states were. In most states, a tin-pot governor and amateur hour legislators just aren’t going to be as effective at coercing beliefs as an Executive Branch that contains the U.S. Treasury, the Justice Department, the FBI, and the CIA, not to mention the Pentagon …

Why I So Enjoyed Learning With And From Calvin Massey, Vikram David Amar

The University of New Hampshire Law Review

[Excerpt] “I am pleased and proud to participate in this tribute to Calvin Massey, with whom I had the pleasure to work and play for about two decades. When I think of Calvin—and I think of him often—I think of a generous friend, a gregarious colleague and a genuinely good man. He possessed many admirable traits, but today I want to focus on three: (1) his breadth; (2) his independent mind; and (3) his thoughtfulness.”

Calvin Massey: Gentleman And Scholar, Ashutosh Bhagwat

The University of New Hampshire Law Review

I first met Calvin Massey in person in 1994, when I joined the U.C. Hastings faculty. However, I knew of and admired Calvin’s scholarship long before that. Six years earlier, I was a law student at the University of Chicago, and a student editor at the law review. In that role, I helped cite-check and edit a major article authored by Calvin, as well as a series of short responses by Calvin and other scholars, debating the meaning and scope of the Eleventh Amendment to the U.S. Constitution. I was struck then, and continue to be amazed, by the clarity, …

An Ableist Society: What Does Disability Look Like?, Maricela Paramo

Nebraska College Preparatory Academy: Senior Capstone Projects

One out of every five adults in the United States has a disability. That is about 63.976 million people, yet, ableism is a common type of discrimination. This paper is an attempt to create awareness of ableism and its negative effects by providing testimonies and methods that will help people with disabilities live a life without prejudice.

The United States is nowhere close to being an ableist free society and it will remain this way until people stop using ableist language as an insult or to mock someone, until mocking the disabled is not a media entertainment, until public figures …

Communities Of Resistance: Welfare Queens And The Infrapolitics Of Black Hair Tutorials On Youtube, Reandra Johnson

Scripps Senior Theses

The author raises the question of what black women do to resist acts taken by the government to control their bodies such as the welfare queen trope. Many authors demonstrate that the welfare queen is used to control black women as a labor force as well as their reproduction. An infrapolitical reading of black hair tutorials is done to analyze the ways that black hair care is a form of political resistance. Robin Kelley's use of infrapolitics to understand actions taken by working class black people is used as a model.

People Want To Know Who We Are: Contestations Over National Identity Through Film, Monika Lee

Scripps Senior Theses

A critical analysis of the film Remember the Titans, released in 2000, shows a preoccupation with nation and national identity through race and football. Set in 1971, it follows the desegregation and integration of a high school football team in Virginia. The film articulates a revisionist racial reconciliation reading of the Civil War based on white suffering and subsequent redemption. At its core it is a story about the progress of race relations and racism, framed as interpersonal relationships and segregation, in the United States.

Bridging The Gap: A Joint Negotiation Project Crossing Legal Disciplines, K. E. Powell, Lauren Bartlett

All Faculty Scholarship

This article discusses the creation and implementation of a cross-discipline negotiation simulation project designed by two law professors at Ohio Northern University Claude W. Pettit College of Law. The project bridged the gap between podium classes and clinical experience, exposing two separate groups of students to new subject areas. Professors Lauren E. Bartlett and Karen Powell brought together two distinct law classes, one doctrinal tax class and one pretrial litigation skills class, to exercise legal skills, and learn substantive and procedural law from their classmates, while acting as an attorney or a client in a simulated negotiation.

Resources, Race And Rights: A Case Study Of Native Title And The Adani Carmichael Coal Mine, Kate Arnautovic

Theses : Honours

This thesis examines the extent to which state institutions and government have taken into account Indigenous rights and interests during the approval process for a large mining development. This case study focuses on the various phases of approval for the proposed Adani Carmichael Coal Mine, a significant development that has challenged the native title system in Australia. It assesses the extent to which the rights and interests of the Wangan and Jagalingou people, the traditional owners that possess a native title claim over the region, have been upheld by the National Native Title Tribunal and the State and Federal Government. …

Exclusion From Rights Through Extra-Territoriality At Home: The Case Of Paris Roissy-Charles De Gaulle Airport's Waiting Zone, Pauline Gj Maillet

Theses and Dissertations (Comprehensive)

In this dissertation I argue that, since the 1980s, French airports have been designed to exclude people from legal, human and refugee rights. The particular space where this happens has been successively called “international zone”, “transit zone” and “waiting zone” and its scope has been significantly extended overtime. I contend that French authorities have used the concept of extra-territoriality in concert with the material design of the airport to sustain exclusion. While this research focuses on France, findings bear relevance to the global governance of migrants and refugees. The French case epitomizes how states creatively use the law (or absence …

Woof, Joseph D. Jaafari

Capstones

About 10 percent of Americans identify as polyamorous, defined as having multiple love affairs within a single relationship. Those relationships are as diverse as they are complicated with some ranging from having multiple people within a relationship to a couple having outside individual relationships.

Within the gay world, polyamory and open relationships has become a norm, and within the gay fetish scene it’s almost a requirement.

https://drive.google.com/open?id=0B_MnWyJVYJneYVAzXzcxU2U3bFE

But polyamory has its own set of complications legally. Because in America we have a system where only one person can receive benefits (be it through marriage or blood), there are complications if, …

The School-To-Prison Pipeline: How Roles Of School-Based Law Enforcement Officers May Impact Disciplinary Actions, Kathy Martinez-Prather, Joseph M. Mckenna, Scott W. Bowman

Qualitative Criminology (QC)

"The presence of law enforcement officers in schools has generated an overwhelming amount of concern among educators, parents, researchers, and policy-makers. It is believed their mere presence in schools is associated with the school-to-prison pipeline (STPP), which suggests that the use of police criminalizes minor student behavior and pushes them into the juvenile and criminal justice systems. However, it remains unclear as to what impact law enforcement officers truly have on this phenomenon. The purpose of this study is to examine the impact of law enforcement officers on the STPP in relation to the roles they are assigned. We argue …

The Emergence Of Contemporary Bestiality Law: Applying The Integrative Conflict Model To The Enumclaw Case, Jason S. Ulsperger, Kristen L. Ulsperger, Cole Smith

Qualitative Criminology (QC)

"This article examines the social construction of bestiality law in the United States using the Integrative Conflict Model of law formation. With qualitative findings from a media content study including newspaper articles, a documentary transcript, and a variety of online data sources, it explores the dynamics behind the formation of bestiality law in the state of Washington. The research specifically uses the circumstances surrounding the death of Kenneth Pinyan, and the subsequent Enumclaw horse sex scandal that took place in the summer of 2005, to support the idea that bestiality law can emerge due to specific factors: structural foundations, perceptions …

Lois Presser And Sveinung Sandberg (Eds), Narrative Criminology: Understanding Stories Of Crime, Adam Veitch

Qualitative Criminology (QC)

"Over the last two decades there has been an epistemological push in the social sciences to bring narrative into the methodological fold. Narrative social science is steeped in theories of humans as story tellers. The foreword to Narrative Criminology argues that this theoretical line of thought originates in Jean-Paul Sartre’s belief that people are fundamentally storytelling creatures, or “homo narrativus.” The guiding thought here is that stories are central to understanding how and why we act in society. We are all storytellers, and we enjoy sharing tales with an audience. Furthermore, the way that we construct stories of our social …

Fugitive Safe Surrender: A Qualitative Analysis Of Participants’ Reasons For Surrender And Anticipated Outcomes To Inform Program Evaluation, Joseph D. Galanek, Janelle Duda, Daniel J. Flannery, Jeff Kretschmar, Frederick Butcher

Qualitative Criminology (QC)

"The Fugitive Safe Surrender (FSS) program is a means for individuals with outstanding warrants to turn themselves in at a non-law-enforcement setting. Challenges remain in evaluating FSS program outcomes. Based on n = 211 participants’ demographic data and qualitative, open-ended written responses collected during an FSS event in a mid-sized Midwestern city, we analyze participants’ reasons for surrendering and anticipated outcomes of surrendering. Utilizing inductive thematic analysis of participants’ responses, we identify individual-level program outcomes that can be used for evaluating FSS. We additionally identify the intersection of codes amongst participant responses to demonstrate the inter-connectedness of FSS participants’ reasons …

Framing Legitimacy: A Qualitative Analysis Examining Local Print-Media Portrayals Of An Immigrant Family Detention Center In Texas, Layne Dittmann, Jurg Gerber

Qualitative Criminology (QC)

"Research suggests that media portrayals can impact the opinions of adults (Dizard, 2000). However, media reports on aspects of our criminal justice system, such as corrections, are an understudied topic (Marsh, 1989), especially regarding the use of private prisons. The current study examines a sample of 12 local Texas newspapers that reported on the T. Don Hutto Facility in Taylor, Texas, between January 1, 2000, and December 31, 2013. This facility was once a state prison for males and local jail inmates before being converted into an undocumented immigrant family detention facility and later into a detention center for undocumented …

“Explaining Similarities And Variations In Program Structures And Professional Roles In Midwestern Mental Health Courts” By Monte D. Staton And Arthur J. Lurigio, Monte D. Staton, Arthur J. Lurigio

Qualitative Criminology (QC)

"For nearly twenty years, legal and mental health professionals have created mental health courts (MHCs) for responding to the increasing numbers of criminally involved people with severe mental illnesses (PSMI) who are entering the criminal justice system. This article presents findings from qualitative analysis of survey and ethnographic data collected at nine MHCs established in a Midwestern state between 2004 and 2008, exploring how professionals who operated the MHCs organized the programs and conducted roles at the work sites. Findings revealed that professionals established very similar models of mental health court organization at each of the nine sites. The data …