Legal Studies Commons^™

Political Competition And Predictors Of Hate Crime: A County-Level Analysis, Eaven Holder

Electronic Theses and Dissertations

Research on hate crime has tended to utilize sociological frameworks to best explain the incidence of such offending, but little research has been conducted to determine whether political factors may play a role. Although Olzak (1990) touched upon the relationship between racial violence and third-party politics during the American Progressive era (1882-1914), the research did not fully articulate how political competition may influence the commission of hate crime. The current study seeks to fill this gap, while also extending concepts associated with social disorganization theory and the defended communities perspective. It does so by utilizing a longitudinal research design to …

Exited Prostitution Survivor Policy Platform, Marian Hatcher, Alisa L. Bernard, Allison Franklin, Audrey Morrissey, Beth Jacobs, Cherie Jimenez, Kathi Hardy, Marlene Carson, Nikki Bell, Rebecca Bender, Rebekah Charleston, Shamere Mckenzie, Vednita Carter

Dignity: A Journal of Analysis of Exploitation and Violence

Survivors of prostitution propose a policy reform platform including three main pillars of priority: criminal justice reforms, fair employment, and standards of care. The sexual exploitation of prostituted individuals has lasting effects which can carry over into many aspects of life. In order to remedy these effects and give survivors the opportunity to live a full and free life, we must use a survivor-centered approach to each of these pillars to create change. First, reform is necessary in the criminal justice system to recognize survivors as victims of crime and not perpetrators, while holding those who exploited them fully responsible. …

Officer Perceptions On Armed Campuses, Paul Perry

Electronic Theses and Dissertations

This research was intended to investigate the perceptions of firearm policies and the views held by campus security personnel regarding student or teacher carry on campus. The purpose of the interviews was to investigate campus security officer’s perceptions and how they differ based upon individual belief systems. The goal, therefore, was to understand how their perspectives on campus carry could impact interactions with students and faculty. Exploring a representative sample of current firearm policies, both on and off campus, established a framework that exposed the opinions of campus security personnel and gave some insight into the potential impact that might …

The Effects Of Sexual Victimization On College Women, Bailie Light

Electronic Theses and Dissertations

This thesis analyzed the effects of sexual victimization among college women. Previous research has found that victimization has several negative effects. This thesis was designed to add to this literature by addressing how sexual victimization effects both behavior and academic performance. Results indicated that there was a significant relationship between sexual victimization and behavior changes, the type of victimization experienced had a different impact on the victim based on the type of victimization they experienced, and that academic performance was significantly affected by sexual victimization.

Public Perceptions On Domestic Sex Trafficking And Domestic Sex Trafficking Victims: A Quantitative Analysis, Faith Browder

Electronic Theses and Dissertations

Sex trafficking is a grossly misconstrued and increasing issue within the United States. The purpose of this study was to extend current knowledge regarding the public’s education on domestic sex trafficking and perceptions of domestic sex trafficking victims. The public’s awareness of domestic sex trafficking and perceptions of domestic sex trafficking victims were examined through the utilization of a 31 closed-ended question survey. The survey included questions about domestic sex trafficking and prostitution myths, domestic sex trafficking victim characteristics, domestic sex trafficking legislation, law enforcement’s involvement in domestic sex trafficking cases, and demographics. The sample consisted of 195 Criminal Justice …

Ethical Cannabis Lawyering In California, Francis J. Mootz Iii

St. Mary's Journal on Legal Malpractice & Ethics

Cannabis has a long history in the United States. Originally, doctors and pharmacists used cannabis for a variety of purposes. After the Mexican Revolution led to widespread migration from Mexico to the United States, many Americans responded by associating this influx of foreigners with the use of cannabis, and thereby racializing and stigmatizing the drug. After the collapse of prohibition, the federal government repurposed its enormous enforcement bureaucracy to address the perceived problem of cannabis, despite the opposition of the American Medical Association to this new prohibition. Ultimately, both the states and the federal government classified cannabis as a dangerous …

Autonomy Isn't Everything: Some Cautionary Notes On Mccoy V. Louisiana, W. Bradley Wendel

St. Mary's Journal on Legal Malpractice & Ethics

The Supreme Court’s May 2018 decision in McCoy v. Louisiana has been hailed as a decisive statement of the priority of the value of a criminal defendant’s autonomy over the fairness and reliability interests that also inform both the Sixth Amendment and the ethical obligations of defense counsel. It also appears to be a victory for the vision of client-centered representation and the humanistic value of the inherent dignity of the accused. However, the decision is susceptible to being read too broadly in ways that harm certain categories of defendants. This paper offers a couple of cautionary notes, in response …

Analysis Of Synthetic Opioids In Postmortem Blood, Vitreous Humor, And Brain Tissue, Rachel K. Chesser

Student Theses

In the United States, the use of new synthetic opioids (e.g. fentanyl and derivatives) has become an increasing health issue with thousands of overdose deaths being observed since 2013. With the high mortality rate associated with these substances, postmortem analyses and interpretation of synthetic opioids has become extremely important. However, due to the novelty of these compounds, the available data is limited and provides challenges to toxicologists. The focus of this project was to examine the postmortem distribution of new synthetic opioids in blood, vitreous humor, and brain tissue. New methods were developed and validated to quantify 13 synthetic opioids …

The Theory And Practice Of Contestatory Federalism, James A. Gardner

William & Mary Law Review

Madisonian theory holds that a federal division of power is necessary to the protection of liberty, but that federalism is a naturally unstable form of government organization that is in constant danger of collapsing into either unitarism or fragmentation. Despite its inherent instability, this condition may be permanently maintained, according to Madison, through a constitutional design that keeps the system in equipoise by institutionalizing a form of perpetual contestation between national and subnational governments. The theory, however, does not specify how that contestation actually occurs, and by what means.

This paper investigates Madison’s hypothesis by documenting the methods actually deployed …

The Critical Need For Mental Health Education To Be Mandated In New Mexico's Public Schools, Bonnie L. Murphy

Shared Knowledge Conference

Based on a review of research and best practices in mental health awareness and skills, this inquiry project argues for state legislative policies that would require mental health awareness and skills in the K-12 curriculum. Mental health affects individual accomplishments in every stage of people’s lives beginning in early childhood and throughout the life cycle. Prevention and treatment of mental illness plays a key role in the ability of an individual to cope with loss and develop resiliency and perseverance in challenging times and to make better decisions that improve the individual’s life and the lives of those around them. …

Ua12/2/1 College Heights Herald, Vol. 94, No. 11, Wku Student Affairs

WKU Administration Documents

WKU campus newspaper reporting campus, athletic and Bowling Green, Kentucky news. This issue contains articles:

• DeLetter. Emily. Lawyer: Ruling Supports Right to Access Records in Suit Against College Heights Herald
• Ziege, Nicole. Fit for a Facelift – Preston Health & Fitness Center
• DeLetter, Emily. WKU Lacks Disabilities Plan in Active-shooter Scenario
• Breu, Natasha. Food Service Class Provides Meals to Faculty & Staff
• Nutter, Abbigail. Former Journalism & Broadcasting Director Selected as Contest Judge – Loup Langton
• Allen, Ellie. Editorial Cartoon re; Donald Trump
• Hovell, Nolan. How Much Do Words Matter in Politics?
• Election Analysis: Impact of Attack Advertisements
• Oh Rocky …

The Costs Of Trademarking Dolls, Jessica Silbey

Faculty Scholarship

Professor Curtin’s article, Zombie Cinderella and the Undead Public Domain, takes a recent case from the Trademark Trial and Appeal Board (TTAB) as the basis for an argument that trademark doctrine needs stronger protection against the exclusive commercial appropriation of characters that are in the public domain. In that case, a doll manufacturer sought to register the term “Zombie Cinderella” for a doll that was zombie-ish and princess-like. The examiner refused registration because the term “Zombie Cinderella” for this kind of doll was confusingly similar to the mark for Walt Disney’s Cinderella doll. Although the TTAB overturned the examiner’s …

Vocational And Life Skills Monthly Data Update: November 2018, Uno Nebraska Center For Justice Research, Katelynn Towne, Michael Campagna

Reports

Grantees use an online data management system to submit data on participants served under their Vocational and Life Skills programming. This data is due monthly and reflects all services provided during the previous month to participants. Evaluators at the Nebraska Center for Justice Research work with grantees directly to manage data entry errors on an ongoing basis during monthly update calls and regular site visits.

The current data derives from an active database, with live data being entered and updated daily. Data values, including previously submitted information, may fluctuate depending on changes made from data entry oversight. One common example …

Use Of Drug Dependency To Entrap And Control Victims Of Sex Trafficking: A Call For A U.S. Federal Human Rights Response, Jacquelyn C.A. Meshelmiah, Carra Gilson, Athapattu Pathirannelage A. Prasanga

Dignity: A Journal of Analysis of Exploitation and Violence

Survivors of sex trafficking who were forced into drug use as victims are in need of social services to treat their drug dependency and other mental disorders. Access to social services is a human rights issue that must be acted upon by state and federal officials. The law, however, requires approval of the T-Visa for receipt of benefits. Along with the T-visa application process, the applicant (human trafficking survivor) must be willing to assist in every reasonable way in the investigation and prosecution of the trafficker. The authors argue that drug dependency treatment and other social service benefits should be …

Political Action As A Function Of Grievances, Risk, And Social Identity: An Experimental Approach, Erin M. Kearns, Victor Asal, James Igoe Walsh, Christopher Federico, Anthony F. Lemieux

Criminology and Criminal Justice Faculty Publications

Why would individuals engage in or support contentious politics? This question is challenging to answer with observational data where causal factors are correlated and difficult to measure. Using a survey-embedded experiment, we focus on three situational factors: grievances, risk, and identity. We also explore how individual differences in sociopolitical orientations—social dominance orientation (SDO) and right-wing authoritarianism (RWA)—impact action. Grievances influence engagement in and support for protests. Risk influences engagement in protest, but not support for it. Regardless of condition, SDO and RWA help explain why some people engage in protest while others do not, particularly within the same context.

Wilfrid J. Waluchow: El Positivismo Incluyente Y El Constitucionalismo Del “Árbol Vivo” [Wilfrid J. Waluchow: Inclusive Legal Positivism And The Understanding Of Constitutionalism In The Living Three], Jorge Luis Fabra-Zamora

Journal Articles

Este artículo presenta los dos temas centrales de la filosofía del derecho de Wilfrid J. Waluchow –el positivismo incluyente y el constitucionalismo del “árbol vivo”– con una exposición crítica de sus principales tesis, los contextos en los que surgen y las principales objeciones y desaf íos a los que aún deben responder.

[This paper addresses the two main Wilfred J. Waluchow’s research interests on philosophy of law, namely Inclusive Legal Positivism and the Constitutionalism presented in The Living Tree. The author provides us with a critical exposition of Waluchow’s main theses and a proper background where Waluchow’s philosophy is set, …

Sez Who? Critical Legal History Without A Privileged Position, John Henry Schlegel

Contributions to Books

Published as Chapter 30 in Oxford Handbook of Historical Legal Research, Markus D. Dubber & Christopher Tomlins, eds.

Scholars active in the Critical Legal Studies movement of the 1980s regularly attacked the scholarship of liberal legalist scholars by using a variety of then contemporary epistemological theories that argued for the impossibility of any observer attaining a neutral position from which to observe social activities. Somewhat surprisingly, liberal legalist scholars seldom turned this criticism back at the work of CLS scholars who themselves never criticized their own work as they did that of other scholars. The examination of several pieces of …

Re-Playing Maimonides’ Codes: Designing Games To Teach Religious Legal Systems, Owen Gottlieb

Articles

Lost & Found is a game series, created at the Initiative for

Religion, Culture, and Policy at the Rochester Institute of

Technology MAGIC Center.1 The series teaches medieval

religious legal systems. This article uses the first two games

of the series as a case study to explore a particular set of

processes to conceive, design, and develop games for learning.

It includes the background leading to the author's work

in games and teaching religion, and the specific context for

the Lost & Found series. It discusses the rationale behind

working to teach religious legal systems more broadly, then

discuss the …

‘Affluent’ Justice: The Role Of Ses In Sentencing Severity, Sonia Pappachan

Student Theses

Imprisonment is the harshest punishment the law can give a defendant; it has considerable consequences on the incarcerated, during and after. Therefore, the sentencing phase of the criminal proceedings should be fair and balanced. However, the literature and researches that have explored the biases in sentencing found that there is a disparity in sentencing due to the characteristics of both the victim and the defendant. The current study used a sample of 209 online survey participants to explore the effect of the socioeconomic status of the victim and defendant on sentencing length. Participants reviewed a vignette of a criminal offense …

Legislative Committee Systems: A Design Perspective, Chase Stoddard

Indiana Journal of Constitutional Design

Committees are the defining characteristic of the modern legislature. While the centrality and study of party politics goes back further than committee politics, the focus on committee systems emerged over the course of the twentieth century, and legislatures could not function as we understand them without this mechanism. The United States Congressional committee system is the most studied system, yet virtually every country utilizes a committee system of some sort within its legislature. Despite their ubiquity in and centrality to the operations of legislatures, committees remain insufficiently studied, especially outside of the United States. The existing body of work tends …